Planning and Zoning Board

Regular Meeting

March 5, 2007

 

The Planning and Zoning Board of the Town of Melbourne Beach, Florida met in regular session on Monday, March 5, 2007 in the Community Center, 509 Ocean Avenue beginning at 7 p.m.

 

Present were Chairman Dave Campbell, Vice Chairman Mike West, Regular Members Steve Schwartz and Jayne Waters, and Alternate Member Susan Dieterle.  Also in attendance were Town Manager Jim Bursick, Town Attorney Gary Sack, Planning Official Dennis Ragsdale, William Whitelock, Building Official, and Town Clerk Lenore Milan.

 

Chairman Campbell called the meeting to order.

 

Member Schwartz made a motion to approve the minutes of the February 5, 2007 meeting, which was seconded by Vice Chair West.  The motion carried unanimously.

 

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The first item on the agenda was the discussion and possible action on the Ocean Avenue Redevelopment Plan, Ordinance 2007-02 amending Article III 7A-36 regarding 6B Downtown zoning district regulations.  There was a discussion as to Commissioner Evans request at the last meeting regarding the issue of having control over redevelopment with regard to the size of businesses, that there were some good points in the old redevelopment plan, which could be used as a base.  The main objective was to have some defense against businesses and sizes of the business, that we do not want to see in the Town.  Since the Visioning process is two years away, the Town can not wait to make some revisions for some type of protection.  A nice neat package could be submitted and the Visioning process will address it in more detail.

 

Member Schwartz spoke about the sizes of the existing buildings.  Chairman Campbell stated that the Town is looking for businesses that are compatible to what is presently in Town, that we cannot change zoning or height.

 

Member Dieterle advised that the Comprehensive Plan is the foundation of the entire plan to keep the community a residential community, with the basic plan to control the size of the businesses.

 

Chairman Campbell spoke about the future land use elements in the comp plan.

 

Mr. Ragsdale informed the Board that restricted sales and services was on the last page of the report which was distributed. (Attachment A).  He advised that is was in compliance with the comp plan.

 

There was a discussion regarding restricting drive-thrus in a restaurant, that the Town could not restrict the restaurant, but can not allow a drive-thru. They discussed the size of the present grocery store, at 4,000-5,000 square feet, whether it would be grandfathered if it needed to be re-built, that it would depend on how the grandfathering was done.

 

Vice Chairman West spoke about the floor to area ratio, limiting the hours of operations, limiting drive-thrus to pharmacies and banks, and low volume services.  There was a discussion regarding maximum size per business use, with the existing businesses to be grandfathered.  Non-residential uses such as category 6B:

                        Retail stores (grocery stores, etc.) @ 3,000 square feet

                        Office and Professional Services   @ 4,000 square feet

                        Restaurants                                  @ 4,000 square feet

 

For 8B all businesses are special uses, 6B and 7C are permitted uses, the Board needs to make sure all constraints are in line with what the Town wants, with the maximum building size 50% lot coverage.

 

A discussion ensued regarding signage, with Mr. Ragsdale stating that the Board needed to avoid the corporate look, that existing signs would be grandfathered, but if replaced, must be to new requirements. 

Vice Chairman West advised that the Historical Preservation and Awareness Board should review architectural designs  

 

 

 

 

Commissioner Evans advised that the architectural style would be reviewed at the Visioning Session, the attendees would place different color dots on the styles they felt would fit in our Town.

 

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The next item on the agenda was the discussion regarding underground electrical lines throughout the Town, as requested by Vice Chairman West.

 

Vice Chairman West stated that the Board should think of terms as to where they wanted to go with this, whether to have the requirement for the underground point of connection or transfer.  Chairman Campbell stated that the Town could not require a person to dig a trench in someone else’s property.  There was a discussion regarding cable in the code, at what dollar figure for renovations should this be a requirement and the need for them to install a new meter box, which must meet the code.  It was decided to have the Town Attorney modify the Ordinance and have public hearing.     

 

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The next item on the agenda was the transmittal of Development of Maximum Footprint Area for Oceanfront Property Rule 62B-34.070 Florida Administrative Code.  After a brief discussion, it was decided that all building officials must know the rules.  The Town Attorney will research and ascertain the current requirements and who should be enforcing them.

 

Vice Chairman West stated that he has materials for this issue and ask that it be placed on April’s agenda.

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The next item on the agenda was the discussion of side setbacks for 60 foot building lots.  Member Dieterle stated that the Board should see what comes out of the Visioning Process.  She advised that she has some materials she wanted to distribute showing what kind of houses can be built on this size lot, so the Board can put them into prospective.

 

Mr. Ragsdale stated that in reality, people will come in and tear down the old house and put up new, bigger ones.  He asked if the setbacks were reduced, did the Board want to limit the floor ratio.  Member Schwartz stated that he would want to limit the size of the houses.  The Board would address this issue at their April meeting.

 

Ms. Ann Downing, 801 Pine Street, inquired about having a two-car garage, if someone builds on a previous footprint.  Chairman Campbell advised that all residents  in 1RS & 2RS have two-car garages, that they were speaking of new construction.

 

Mr. Whitelock stated that it would be designed by the existing building code.

 

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There was a discussion regarding Ordinances brought to the Town Commission.  

 

The next item was the confirmation of the next Visioning Session set for March 19, 2007 at 7 P.M. in the Community Center..

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The next item was the report by Member Schwartz, as Liaison to the Board of Adjustment, regarding the March 1, 2007 Meeting when the Chevron Variances were discussed. 

 

Member Schwartz informed the Board that he had attended this meeting and his letter was discussed. 

 

It was decided that Member Dieterle would represent the Zoning Board at the Board of Adjustment’s next meeting.

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There was a discussion regarding re-hearing of variances, giving the applicant an opportunity to represent the variances.

 

The following Old Business items were requested to be placed on April’s agenda: Ordinance 2006-12 Walls and Fences and shed sizes and setbacks

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The meeting duly adjourned at 9:15 P.M.

 

                                               

 

                                                                        ________________________

                                                                                                David Campbell

                                                                                            Chairman

ATTEST:

 

 

 

__________________

 

Lenore R. Milan

Town Clerk