Planning and Zoning Board

Regular Meeting Minutes

December 3, 2007

 

The Planning and Zoning Board of the Town of Melbourne Beach, Florida met in regular session on Monday, December 3, 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, Town Attorney Paul Gougelman, Planning Official Dennis Ragsdale, Building Official William Whitelock and Town Clerk Lenore Milan.

 

Chairman Campbell called the meeting to order.

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

 

Member Quarrie made a motion to approve the minutes of October 29, 2007, which was seconded by Member Schwartz.  The motion carried unanimously.

 

Member Schwartz made a motion to approve the Joint Meeting minutes of September 29, 2007, which was seconded by Member Quarrie.  The motion carried unanimously.

 

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Chairman Campbell stated that the next item on the agenda was the discussion and possible action regarding Ordinance 2007-10 regarding requirements related to Breezeways, which was advertised on November 15, 2007.

 

Town Attorney Gougelman advised the Board that this would have to be continued until the January 7, 2008 meeting, as it was not yet ready to be presented.  Town Attorney Gougelman stated that he has advised Mr. Van Catterton, attorney representing The Breakers.

 

Member Quarrie made a motion to continue this item to the January 7, 2008 meeting, which was seconded by Member Clay.  The motion carried unanimously.

 

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Chairman Campbell stated that the next item on the agenda was the discussion and possible action regarding Ordinance 2007-11 allowing dogs in outside dining areas of restaurants, which was advertised on November 15, 2007.

 

Town Attorney Gougelman read the Ordinance in title only.

 

Chairman Campbell asked if there was any discussion regarding this Ordinance.

 

Member Quarrie inquired if changes made meet the criteria for open walkways so other patrons will not be disturbed by the dogs.

 

Several minor revisions were requested, and it was decided that they were consistent with the Town’s Comprehensive Plan.

 

Member Quarrie made a motion to recommend this Ordinance to the Town Commission, with suggested changes, which was seconded by Member Schwartz.  The motion carried unanimously.

 

***

 

 

 

Chairman Campbell stated that the next item on the agenda was the discussion on amendment to the Walls and Fences Ordinance 2007-12, which has not yet been advertised.

 

There was a discussion regarding this Ordinance; that it was clear that an elevation survey would not be required.  Building Official Whitelock stated that it would not be necessary as long as there hasn’t been any reconstructive work done.

 

Member Clay made some minor changes to the Ordinance, it would be revised, advertised, and brought back to the Board as an Ordinance.

 

***

Chairman Campbell stated that the next item on the agenda was the discussion on 60’ wide lots.   He advised that corner lots are where the problem is.

 

Town Planner Ragsdale spoke about the older homes, that when they were looking to expand, to continue their walls, they go before the Board of Adjustment, where they are told that it isn’t an isolated issue; it is a catch-22.

 

Chairman Campbell advised that the Ordinance passed in 1972 had a concept of wide distances between houses.  There was a discussion regarding side set backs being left at 15 feet. 

 

Chairman Campbell stated that he would draft a recommendation on this item for consideration by this Board at its January 7, 2008 meeting.

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Chairman Campbell stated that the next item on the agenda was the discussion on Building Code References.

 

Building Official Whitelock requested that this item be continued until the next meeting, advising that at the State level there has been changes. He advised that he would meet with the Town Attorney before he brings this item back to the Board.

 

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Chairman Campbell stated that the next item on the agenda was the Report on Board of Adjustment Meetings of November 8th, 15th and 26th, 2007. 

 

Member Dieterle stated that the Board granted Walgreens their Variance for the reduction of loading zones, then rescinded it. She advised that it was continued until January 17, 2008.  The Board of Adjustment has requested a building site plan showing the Walgreens building to look more in line with our Town Hall and Library.  Member Dieterle advised that there was a discussion at this meeting regarding the loading zone code being outdated.

 

Town Attorney Gougelman advised that Town Planner will be bringing his revisions to the Special Exception with regard to the Ocean Avenue corridor. He said, at that time, the Board can consider the loading zone issue.

 

There was a discussion regarding the size proposed for the Walgreens, the truck entrance and that this Board would be sent the site plan for their approval, if the Variance and Special Exception are approved by the Board of Adjustment.  If approved by this Board, it will be sent to the Town Commission.

 

Chairman Campbell thanked Member Dieterle for attending those meetings.

 

                                                                        ***

Chairman Campbell stated that next on the agenda was Old Business.

 

Town Manager Bursick stated that information was being prepared on Special Exceptions; allowable uses and criteria for granting Special Exceptions for a preliminary discussion at the February meeting.

 

Town Planner Ragsdale advised that he placed a memorandum in the beginning of the EAR report regarding the historic preservation objective of the Town to clarify in the report to the Town Commission for their December 19, 2007 meeting. The report will then be sent to the Department of Community Affairs in Tallahassee in the first of the new year.

 

Chairman Campbell advised the Board that he received a memorandum from Town Manager Bursick requesting that a member of this Board attend the Town Commission meetings to provide a verbal report from the Board to the Commission.

 

After a brief discussion, Chairman Campbell stated that he would attend the December 19th meeting and a Board member would attend by rotation.

 

Town Manager Bursick advised that the Town Commission is reviewing their policies and procedures which will move Boards and Committees up on the agenda.

 

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

 

Member Clay stated that he had a new item for future discussion; implementing green building codes.

 

Building Official Whitelock explained that the Florida Building Codes worked on green codes for three years.

 

Member Quarrie stated that the Board should give the Florida Building Codes time to work on it.

 

Member Clay stated that there was grant money to implement some items and asked the board to open this topic.  It was decided to put this on the next meeting agenda.

 

The meeting was duly adjourned at 8:31 p.m.

 

           

                                   

                                                                        ________________________

                                                                                    David Campbell

                                                                                     Chairman

ATTEST:

 

 

____________________________

 Lenore R. Milan, CMC, Town Clerk