AGENDA Planning and Zoning Board Regular Meeting at 7:00 ...
Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Member Paul Rumbley Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Town Manager Timothy Day Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
AGENDA The Planning & Zoning Board will conduct a
Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, June 6, 2017 Meeting Location: Community Center – 509 Ocean Ave. Notice: Board discussion and possible action may occur during any Board Meeting. The following sections of the Agenda are always subject to such discussion and possible action without further motion by the Commission: Public Hearings, Old Business, and New Business. The public is advised that members of the Town Commission may be in attendance and participate in proceedings of the board. Attorney General Opinions (AGO) AGO 91-95, AGO 98-14, AGO 2000-68. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: In order to appeal any decision made at this meeting, you will need a verbatim transcript of the proceedings. It will be your responsibility to ensure such a record is made. Such person must provide a method for recording the proceedings verbatim as the Town does not do so. In accordance with the Americans with Disability Act and Section 286.26, Florida Statutes, persons needing special accommodations for this meeting shall, at least 5 days prior to the meeting, contact the Office of the Town Clerk at (321) 724-5860 or Florida Relay System at 711.
I. II. III.
CALL TO ORDER ROLL CALL APPROVAL OF MINUTES A. April 4, 2017 Planning and Zoning Board Minutes
IV.
NEW BUSINESS A. B. C. D. E.
V.
Site Plan Review for 404 Atlantic Street, Melbourne Beach, FL Site Plan Review for 501 Atlantic Street, Melbourne Beach, FL Site Plan Review for 419 First Avenue, Melbourne Beach, FL Site Plan Review for 508 Magnolia Avenue, Melbourne Beach, FL Site Plan Review for 901 Riverside Circle, Melbourne Beach, FL
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VI.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY
VII.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS
X.
ADJOURNMENT
Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Member Paul Rumbley Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Town Manager Timothy Day Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, April 4, 2017 Meeting Location: Community Center – 509 Ocean Ave.
1
I.
CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m.
II.
ROLL CALL Present: Chairman David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Member Paul Rumbley Alternate Member Daniel Gonzalez
III.
Staff Present: Town Manager Tim Day Town Clerk Nancy Wilson Town Attorney Clifford Repperger
APPROVAL OF MINUTES A. March 7, 2017 Planning and Zoning Board Minutes Member Evans moved to approve the March 7, 2017 Planning and Zoning Board Regular Meeting Minutes; seconded by Member Belsten. Motion passed 5-0.
IV.
NEW BUSINESS A. Site Plan Review for 404 Riverside Drive, Melbourne Beach, FL Chairman Campbell said that if you look at the survey, it shows in the back the proposed 456 sq.ft. sunroom, but it also shows on the side a proposed 6’x21’ addition but there is nothing in the write-up about it. It meets the setbacks but it’s unclear what it is. Member Belsten moved to approve the site plan for 404 Riverside Drive with the stipulation that the 6’x21’ proposed addition is just a concrete pad and forward to the Town Commission for approval; seconded by Member Evans. Motion carried 5-0.
V.
OLD BUSINESS The Town Commission asked the Planning and Zoning Board to review the five items listed below. 1. Page 12: Planning & Zoning Board Action Item – determine “Fill height standards”. 2. Sect. 3A-40(b) – check with City of Melbourne to see if the minimum level of service standard is still 92 gallons per person per day. 3. Sect. 4A-238(1) – define minor grading and minor fill (in the future). 2
4. Sect. 7A-50 (7) – Single-family dwelling units – do we need to address driveways, minimum measurements for individual parking spaces and define how they are constructed? 5. Sect. 7A-86 – look into increasing the percentage for the current replacement value of the building; and 7A-87: have Planning & Zoning Board look at clarified language for that section. Chairman Campbell said that from previous meetings, he also made a list of items to review including signs, feathered flags, setbacks, drainage uses under special conditions, fill, landscaping, lot coverage and accessory structure size. The Board addressed signs and feathered flags. Drainage and fill go together. The Chairman said there is no definition as to what “fill” should be and he’s not sure how to handle this issue. He added that the phrase, “fill height standards”, has something to do with drainage; the Mayor wanted to ensure that you don’t flood your neighbor. Member Evans said she thinks that “fill” is something that the state governs and defines and that the Building Official follows the state guidelines. Member Belsten recalled a conversation regarding stem walls which the Chairman said also relates to drainage. Issue #1 Chairman Campbell requested that staff ask the Town Commission for clarification on what they want us to look at regarding “fill”. The Chairman added that they need to put together a list of things that need to be researched further because some of them will require an expenditure of money. The two big issues are: Consideration of lot coverage for other than the primary structure and a possible cap on that size? Member Belsten said that getting credit for a pervious driveway should be considered. The other big issue is determining limits for accessory structure size; we do have limits for sheds but as long as setbacks are met, there are restrictions on the size of accessory structures. Member Evans said this is the reason why we end up with so much impervious surface which gets back to fill and drainage issues. Issue #2 Town Manager Day is going to check with the City of Melbourne to see if the minimum level of service standard is still 92 gallons per person per day. Issue #3 The Chairman questioned whether they should address minor grading and minor fill. Issue #4 Should they address driveways, minimum measurements for individual parking spaces and define how they are constructed?
3
Issue #5 This issue addresses increasing the percentage for the current replacement value of the building; and 7A-87: have Planning & Zoning Board look at clarified language for that section. Chairman Campbell said that replacement value comes up in several places inside the code and he doesn’t remember where they all are. The Chairman said with lot coverage and accessory structures, we probably don’t need input from the Town Planner, we can probably get that information from the Building Official. Member Belsten said it would be good to find out what other municipalities are doing. The Board members agreed that the focus should be on addressing accessory structures and lot coverage. The Chairman said they would like the Building Official to gather information on what other municipalities are doing relative to lot coverage and accessory structure size. This activity will require an expenditure of cash. He added that the Board can put something together for the Town Commission that says they don’t think the Town should get into addressing Item #4. It was suggested that the Town Manager tell the Town Commission that Planning & Zoning doesn’t think the Town should have a requirement for driveways, minimum measurements for individual parking spaces and define how they are constructed The Town Manager said that regarding Issue #1, fill height, the Commission is referring to the maximum fill height. Chairman Campbell said the problem with defining a maximum fill height is that in some areas, houses are sitting on top of sand dunes that are five feet above the crown of the road; significantly above eighteen inches. He’s not sure how this issue should be addressed. Chairman Campbell suggested that in addition to asking the Building Official to see how other neighboring communities are addressing accessory structures and lot coverage, that he could also check on how drainage is handled. The Chairman said that it will be difficult to define minor grading and minor fill because it’s determined on a lot by lot basis. Let’s revisit the list after the Commission has weighed in on what’s been discussed. Again, the Board thinks the most important issues to address are accessory structures and lot coverage. VI.
PUBLIC COMMENT
No one indicated a desire to speak. VII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY 4
The Town Manager didn’t have a report. Chairman Campbell asked about the Land Development Code (LDC) ordinance. The Town Attorney said that he is working on it. Drafting the ordinance is more complicated than drafting a “repeal and replace”. We are doing it as a restatement of existing and amendment to what you’ve drafted in the amendment. The Town Planner needs to review the draft Land Development Code for Comp Plan consistency and they are both working on figuring out how to put the ordinance together. He said when he received the LDC draft, there hadn’t been a substantive review of it from a legal perspective or from the Town’s staff planning perspective. That is what the Town Attorney and Town Planner are currently working on as well as any other issues that may come up. He added that part of what was changed relates to the amendment procedures for rezones stating that any zoning approval given by the Town Commission should always require a super majority vote. There are due process considerations when using the 80% vote requirement in rezones to ensure property rights aren’t violated. These considerations are among the issues the Town Attorney is addressing so he’s not sure when the ordinance will be completed. VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS IX.
ADJOURNMENT
Member Belsten moved to adjourn; seconded by Member Evans. Motion carried 5-0. The meeting adjourned at 7:48 p.m. ATTEST: _______________________
______________________
David Campbell, Chairman
Nancy Wilson, Town Clerk
5
Town Manager Timothy Day Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
AGENDA The Planning & Zoning Board will conduct a
Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, June 6, 2017 Meeting Location: Community Center – 509 Ocean Ave. Notice: Board discussion and possible action may occur during any Board Meeting. The following sections of the Agenda are always subject to such discussion and possible action without further motion by the Commission: Public Hearings, Old Business, and New Business. The public is advised that members of the Town Commission may be in attendance and participate in proceedings of the board. Attorney General Opinions (AGO) AGO 91-95, AGO 98-14, AGO 2000-68. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: In order to appeal any decision made at this meeting, you will need a verbatim transcript of the proceedings. It will be your responsibility to ensure such a record is made. Such person must provide a method for recording the proceedings verbatim as the Town does not do so. In accordance with the Americans with Disability Act and Section 286.26, Florida Statutes, persons needing special accommodations for this meeting shall, at least 5 days prior to the meeting, contact the Office of the Town Clerk at (321) 724-5860 or Florida Relay System at 711.
I. II. III.
CALL TO ORDER ROLL CALL APPROVAL OF MINUTES A. April 4, 2017 Planning and Zoning Board Minutes
IV.
NEW BUSINESS A. B. C. D. E.
V.
Site Plan Review for 404 Atlantic Street, Melbourne Beach, FL Site Plan Review for 501 Atlantic Street, Melbourne Beach, FL Site Plan Review for 419 First Avenue, Melbourne Beach, FL Site Plan Review for 508 Magnolia Avenue, Melbourne Beach, FL Site Plan Review for 901 Riverside Circle, Melbourne Beach, FL
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VI.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY
VII.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS
X.
ADJOURNMENT
Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Member Paul Rumbley Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Town Manager Timothy Day Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, April 4, 2017 Meeting Location: Community Center – 509 Ocean Ave.
1
I.
CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m.
II.
ROLL CALL Present: Chairman David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Member Paul Rumbley Alternate Member Daniel Gonzalez
III.
Staff Present: Town Manager Tim Day Town Clerk Nancy Wilson Town Attorney Clifford Repperger
APPROVAL OF MINUTES A. March 7, 2017 Planning and Zoning Board Minutes Member Evans moved to approve the March 7, 2017 Planning and Zoning Board Regular Meeting Minutes; seconded by Member Belsten. Motion passed 5-0.
IV.
NEW BUSINESS A. Site Plan Review for 404 Riverside Drive, Melbourne Beach, FL Chairman Campbell said that if you look at the survey, it shows in the back the proposed 456 sq.ft. sunroom, but it also shows on the side a proposed 6’x21’ addition but there is nothing in the write-up about it. It meets the setbacks but it’s unclear what it is. Member Belsten moved to approve the site plan for 404 Riverside Drive with the stipulation that the 6’x21’ proposed addition is just a concrete pad and forward to the Town Commission for approval; seconded by Member Evans. Motion carried 5-0.
V.
OLD BUSINESS The Town Commission asked the Planning and Zoning Board to review the five items listed below. 1. Page 12: Planning & Zoning Board Action Item – determine “Fill height standards”. 2. Sect. 3A-40(b) – check with City of Melbourne to see if the minimum level of service standard is still 92 gallons per person per day. 3. Sect. 4A-238(1) – define minor grading and minor fill (in the future). 2
4. Sect. 7A-50 (7) – Single-family dwelling units – do we need to address driveways, minimum measurements for individual parking spaces and define how they are constructed? 5. Sect. 7A-86 – look into increasing the percentage for the current replacement value of the building; and 7A-87: have Planning & Zoning Board look at clarified language for that section. Chairman Campbell said that from previous meetings, he also made a list of items to review including signs, feathered flags, setbacks, drainage uses under special conditions, fill, landscaping, lot coverage and accessory structure size. The Board addressed signs and feathered flags. Drainage and fill go together. The Chairman said there is no definition as to what “fill” should be and he’s not sure how to handle this issue. He added that the phrase, “fill height standards”, has something to do with drainage; the Mayor wanted to ensure that you don’t flood your neighbor. Member Evans said she thinks that “fill” is something that the state governs and defines and that the Building Official follows the state guidelines. Member Belsten recalled a conversation regarding stem walls which the Chairman said also relates to drainage. Issue #1 Chairman Campbell requested that staff ask the Town Commission for clarification on what they want us to look at regarding “fill”. The Chairman added that they need to put together a list of things that need to be researched further because some of them will require an expenditure of money. The two big issues are: Consideration of lot coverage for other than the primary structure and a possible cap on that size? Member Belsten said that getting credit for a pervious driveway should be considered. The other big issue is determining limits for accessory structure size; we do have limits for sheds but as long as setbacks are met, there are restrictions on the size of accessory structures. Member Evans said this is the reason why we end up with so much impervious surface which gets back to fill and drainage issues. Issue #2 Town Manager Day is going to check with the City of Melbourne to see if the minimum level of service standard is still 92 gallons per person per day. Issue #3 The Chairman questioned whether they should address minor grading and minor fill. Issue #4 Should they address driveways, minimum measurements for individual parking spaces and define how they are constructed?
3
Issue #5 This issue addresses increasing the percentage for the current replacement value of the building; and 7A-87: have Planning & Zoning Board look at clarified language for that section. Chairman Campbell said that replacement value comes up in several places inside the code and he doesn’t remember where they all are. The Chairman said with lot coverage and accessory structures, we probably don’t need input from the Town Planner, we can probably get that information from the Building Official. Member Belsten said it would be good to find out what other municipalities are doing. The Board members agreed that the focus should be on addressing accessory structures and lot coverage. The Chairman said they would like the Building Official to gather information on what other municipalities are doing relative to lot coverage and accessory structure size. This activity will require an expenditure of cash. He added that the Board can put something together for the Town Commission that says they don’t think the Town should get into addressing Item #4. It was suggested that the Town Manager tell the Town Commission that Planning & Zoning doesn’t think the Town should have a requirement for driveways, minimum measurements for individual parking spaces and define how they are constructed The Town Manager said that regarding Issue #1, fill height, the Commission is referring to the maximum fill height. Chairman Campbell said the problem with defining a maximum fill height is that in some areas, houses are sitting on top of sand dunes that are five feet above the crown of the road; significantly above eighteen inches. He’s not sure how this issue should be addressed. Chairman Campbell suggested that in addition to asking the Building Official to see how other neighboring communities are addressing accessory structures and lot coverage, that he could also check on how drainage is handled. The Chairman said that it will be difficult to define minor grading and minor fill because it’s determined on a lot by lot basis. Let’s revisit the list after the Commission has weighed in on what’s been discussed. Again, the Board thinks the most important issues to address are accessory structures and lot coverage. VI.
PUBLIC COMMENT
No one indicated a desire to speak. VII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY 4
The Town Manager didn’t have a report. Chairman Campbell asked about the Land Development Code (LDC) ordinance. The Town Attorney said that he is working on it. Drafting the ordinance is more complicated than drafting a “repeal and replace”. We are doing it as a restatement of existing and amendment to what you’ve drafted in the amendment. The Town Planner needs to review the draft Land Development Code for Comp Plan consistency and they are both working on figuring out how to put the ordinance together. He said when he received the LDC draft, there hadn’t been a substantive review of it from a legal perspective or from the Town’s staff planning perspective. That is what the Town Attorney and Town Planner are currently working on as well as any other issues that may come up. He added that part of what was changed relates to the amendment procedures for rezones stating that any zoning approval given by the Town Commission should always require a super majority vote. There are due process considerations when using the 80% vote requirement in rezones to ensure property rights aren’t violated. These considerations are among the issues the Town Attorney is addressing so he’s not sure when the ordinance will be completed. VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS IX.
ADJOURNMENT
Member Belsten moved to adjourn; seconded by Member Evans. Motion carried 5-0. The meeting adjourned at 7:48 p.m. ATTEST: _______________________
______________________
David Campbell, Chairman
Nancy Wilson, Town Clerk
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