Planning and Zoning Board

Regular Meeting Minutes - Revised

May 7, 2007

 

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

 

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

 

Chairman Campbell called the meeting to order.

 

***

The first item on the agenda was the discussion on the Ocean Avenue Redevelopment Plan Ordinance amending Article III 7A-36 regarding 6B Downtown zoning, 7C General Commercial and 8B Residential Business district regulations. 

 

Mr. Ragsdale advised the board members that he made a change from gross square foot to be gross floor area. After a brief discussion it was decided to change the square footage for the Drug Store from 8,000 feet to 4,000 feet.

 

There was a discussion regarding the bed and breakfast, which is comprised of four buildings at a total square footage of 9,100 square feet, which included porch areas.

 

Mr. Hank Saunders, 320 First Avenue, advised that he didn’t understand why this is being put through, changing rules boxes the Town in.

 

Mr. Dijon Pepaj, 1000 N. Riverside Drive, stated that a restaurant size and limitations are a different layout, there is outdoor seating and walkways, and should be defined differently, there is limited seating as per the Board of Health.

 

There was a discussion regarding allowing a mixed-use and that it should be looked into, it is a good and very desirable way to go.

 

Mr. Brad Betten, 538 Sunset Blvd, stated that he concurred that the Board had the best goals of the Town at heart, that the mixed-use puts feet on the ground only for one corridor, we need community support.  He advised the Board that a new Business Owners’ Association is being formed in Town.  Mr. Betten said that you could walk into any business and meet the owner; we need to support businesses in Town.

 

Ms. Wendy Murray, stated that everyone says they want a historic Town, had my coffee shop, wasn’t allowed a stove, by restricting uses it is wrong, she said she believed the proposed ordinance is because of Walgreens.  She spoke about setbacks and height restrictions; that the Town should not dictate what goes in.

 

Mr. Mike Scenti, owner of 411,413,415 Ocean Ave, stated that he owned four pieces of property, the Town prevented a Walgreens, made it difficult for the owner of the gas station, and this Town does not support the businesses here.       

 

Member Dieterle stated that most of the people here have been concerned, were working on the Visioning plan, the Comprehensive Plan, which is affecting people as a whole.

 

Chairman Campbell advised that they were holding sizes of businesses not restricting of the businesses you can put in, just their size.

 

 

Mrs. Ann Downing, 801 Pine Street, stated she heard the term mixed-use, does it need to be addressed at some point.

 

Chairman Campbell advised that any zoning change has to go to the Town.

 

Commissioner Guglietta stated that what the Town Commission has asked the Board was to make a decision as to what the people want.  He said the Commission appreciates what they are doing, giving us some input.

 

Commissioner Guglietta asked about the definition of a setback, when you have a Special Exception is the setback 20 or 25 feet?

 

Mr. Ragsdale stated that there wasn’t any definition of a setback.

 

Chairman Campbell spoke about the Bed and Breakfast to be a maximum of 9,200, with no single building exceeding 4,000 square feet.

 

There was a discussion regarding excluded square footage in a restaurant of the kitchen and bathrooms. 

 

Mr. Dijon Pepaj stated that the law is 16 square feet per seat, that you could not have liquor if you were fewer than 200 seats.

 

Alternate Member Quarrie spoke about the number of seats per square foot per the County Code and stated that we should put a definition into the Ordinance. 

 

Member Clay made a motion to approve forwarding this Ordinance, with the proposed changes, to the Town Commission, which was seconded by Vice Chairman West.  The motion carried 3-2, with Members Dieterle and Waters voting nay

***

Chairman Campbell stated that the next item on the agenda was discussion on Ordinance 2007 – 03 adding Section 4A-26 providing for underground electric installation of electric and telephone services to individual properties/structures throughout the Town. As requested by Vice Chairman West.

 

Chairman Campbell read the Ordinance in title only.

 

Vice Chairman West made a motion to forward this Ordinance to the Town Commission, which was seconded by Member Waters. 

 

Ms. Lynda Rydson spoke about a house they have next door, they had tried to bury the utilities, but that a tree was in the way, so they didn’t do it.

 

The motion carried unanimously.

***

Chairman Campbell stated that the next item on the agenda was the consideration of a request by Mr. Richard Beaudoin to add Bed and Breakfast as a permitted use by Special Exception in the 8-B Residential Business Zoning District.

 

This item was withdrawn until the June 4, 2007 meeting.

 

Chairman Campbell stated that the next item on the agenda was the discussion on Ordinance 2006 – 12 Walls and Fences, as requested at the December 4, 2006 Regular Planning and Zoning Board Meeting.

 

Mr. Ragsdale advised the Board that he had made a change on page four, after a brief discussion; the Board asked that this Ordinance be advertised for the next meeting.

***

Member Jayne Waters announced she was resigning from the Board for personal reasons, and said she thought she could be of more use on another board.  She left the meeting at this point.

***

Chairman Campbell stated that the next item on the agenda was discussion regarding possible properties to re-zone in accordance with the Town Charter.

 

Vice Chairman West stated that a map would be good to have to review, and asked the Town Manager if the Board could have one for the next meeting.

 

A discussion ensued regarding the requirement for a Referendum to make changes and the advantages of some changes.

 

Mr. Ragsdale stated that one advantage would be if the Library wanted to apply for a grant, and they were consistent with the current Comp Plan zoning, they would get more points.

 

The Board asked that this item be placed on the next meeting’s agenda.

***

Chairman Campbell stated that the next item on the agenda was discussion regarding the development of footprint area.  This item was requested by Vice Chairman West.

 

After a brief discussion, it was decided to place this item on the next meeting’s agenda.

***

Chairman Campbell stated that the next item on the agenda was discussion regarding the

Report on Board of Adjustment’s regular meeting of April 26, 2007 by Member Dieterle.

 

Member Dieterle reported that the Special Exception Application for Sand on the Beach was continued until their next meeting, Special Exception Application for Walgreens was denied and their Variance Application was withdrawn and St. Sebastian’s Church Administrative Appeal for their steeple was denied.

 

Member Schwartz was absent, so his report would be heard at the next meeting.

   

Mr. Ragsdale spoke about the Visioning Meeting, and confirmed that the next meeting will be May 22, 2007 at 7 p.m., he stated that he would present a notebook and would like to have a full Board to go over policies no longer of use.

***

There was a discussion regarding the possible dates to schedule a workshop with the Town Commission to discuss the proposed Breezeway Ordinance.  It was decided that Wednesday, June 6, 2007 at 7:00 P.M. would be the date to hold the joint workshop with the Town Commission.

 

The meeting was duly adjourned at 9:54 p.m.

                                               

                                                                        ________________________

                                                                                    David Campbell

                                                                                     Chairman

ATTEST:

 

_______________________

 Lenore R. Milan, Town Clerk