Planning and Zoning Board

Regular Meeting Minutes

October 29, 2007

 

The Planning and Zoning Board of the Town of Melbourne Beach, Florida met in regular session on Monday, October 29, 2007 in the Community Center, 509 Ocean Avenue beginning at 7 p.m.

 

Present were Chairman Dave Campbell, Regular Members Susan Dieterle, Steve Schwartz and David Clay and Sherri Quarrie. Alternate Members Colleen Doyle and James Flanagan were in the audience.  Also in attendance were Town Manager Jim Bursick, Planning Official Dennis Ragsdale, Building Official William Whitelock and Town Clerk Lenore Milan.

 

Chairman Campbell called the meeting to order.

***

The first item on the agenda was the approval of Minutes:

 

Member Schwartz made a motion to approve the minutes of September 10, 2007, which was seconded by Member Quarrie.  The motion carried unanimously.

***

 

Chairman Campbell stated that the next item on the agenda was the discussion and possible action regarding recommendation on the Evaluation and Appraisal Report of the Town Comprehensive Plan to the Town Commission, which was advertised on October 19, 2007, in Florida Today.

 

Town Planner Ragsdale spoke about the draft EAR which was previously distributed to the Board members. He advised that there were minor changes. He explained that the DCA allows 18 months to make Comprehensive Plan changes once the EAR has been approved.

 

Town Planner Ragsdale advised the Board that this is the required public hearing to consider the Evaluation and Appraisal Report and make a recommendation regarding the adoption of the report to the Town Commission.

 

There was a discussion regarding traffic, Hurricanes and other disasters and their impact.

 

Town Planner Ragsdale advised that if there were specific things we have to address as we get into the Comprehensive Plan, we can add them.  He stated that we have to include inter-government coordination.

 

Member Schwartz made a motion to approve the Evaluation and Appraisal Report to be recommended to the Town Commission for their approval, which was seconded by Member Dieterle.  The motion carried unanimously.

 

***

Chairman Campbell stated that the next item on the agenda was the discussion and possible action regarding an Ordinance regarding requirements related to Breezeways.  This item was advertised via direct mailing on October 10, 2007.  He read the Ordinance in title only.

 

Chairman Campbell opened the meeting to the public.

 

Mr. Van Catterton, the Attorney representing the Breakers Condominium, stated that this Breezeway Ordinance is less restrictive than the one previously presented.  He advised that the Breakers has spent a great deal of money on landscaping and fencing, now a non-conforming use as per the Breezeway Ordinance, he then provided a copy of a Grandfather Clause for the Breezeway Ordinance. (Attachment A).

 

 

 

 

Mr. Kehoe, 1409 Atlantic St., advised that he had the Power of Attorney for 1417 Atlantic St. a 14-unit, three building complex that has fences, he asked if they would be included in the exemption.

 

Town Attorney Gougelman suggested that this Ordinance be reviewed and brought back to the Planning and Zoning Board at their next meeting, to include a revision of adding the parks in the 9-I zoning district.

 

This item was tabled for the next meeting.

***

 

Chairman Campbell stated that the next item on the agenda was the discussion and possible action regarding an Ordinance allowing dogs in outside dining areas of restaurants.

 

There was a discussion regarding this Ordinance, that would not be any fee required and should the Town Commission decide to approve it, this Ordinance would have a sunset provision.

 

Town Manager Bursick advised that this is a three-year pilot program statewide, which will expire ion July 1, 2009.  He then discussed the public walkway, that it didn’t allow dogs where people are walking. that the liability would be on the restaurant owners, unless the Town approves for a public sidewalk.  That dogs not allowed on public walkways would be added in the definition. 

 

Member Schwartz made a motion to make revisions to this Ordinance and bring it back to the Board at their next meeting, which was seconded by Member Quarrie.  The motion carried unanimously.

***

Chairman Campbell stated that the next item on the agenda was the discussion on 60’ wide lots.  

 

There was a discussion regarding allowing smaller setbacks, while still maintaining the Town’s character.  It was suggested that people who would be impacted by this decision be invited to a Planning and Zoning Board Meeting.

 

***

Chairman Campbell stated that the next item on the agenda was the report by Town Manager regarding development of Ordinance for docks and waterfront accessory buildings.

 

Town Manager Bursick advised that he asked the Town Commission for direction on this Ordinance and that were not inclined to proceed.

***

Chairman Campbell stated that the next item on the agenda was the Report on Board of Adjustment Meeting of October 25, 2007. 

 

Member Dieterle stated that the Sand on the Beach Variance application was continued until January 24, 2008, the Chevron Variances were continued until November 15, 2007 and all of the other applications were continued until November 8, 2007.

 

Chairman Campbell thanked Member Dieterle for attending that meeting.

 

Chairman Campbell stated that next on the agenda were items to be added to the agenda for future meetings.

 

 

Town Manager Bursick advised that the Building Code References was basically a housekeeping issue; he said he took this to the Town Commission and they would like to proceed, that he would have a draft Ordinance for their review for the next meeting.

 

Town Manager Bursick stated that the review of allowable Special Exception uses and development of standards for granting Special Exception Permit Applications were a result of the joint meeting with the Board of Adjustment.  He advised that we would proceed with the development of standards for granting Special Exception permits combined with the Ocean Avenue Redevelopment Plan.  He advised that he was working on a scope of services that would be going to the Town Commission at their next meeting.

 

Chairman Campbell requested that they be separate issues.

 

Member Quarrie spoke about last meeting’s discussion regarding the fence Ordinance regarding elevation surveys.

 

Building Official Whitelock advised that survey was only applicable on a dune.

 

Town Manager Bursick spoke about an amendment to that Ordinance.

 

 Building Official Whitelock stated that a survey was a legal document.

 

The meeting was duly adjourned at 9:00 p.m.

 

 

                                               

                                                                        ________________________

                                                                                    David Campbell

                                                                                     Chairman

ATTEST:

 

 

____________________________

 Lenore R. Milan, CMC, Town Clerk