AGENDA Planning and Zoning Board Regular Meeting
Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Town Manager Robert Daniels Town Clerk Nancy Wilson Town Attorney Cliff Repperger, Jr. Town Planner Corey O’Gorman
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, April 3, 2018 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.
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I. II. III.
CALL TO ORDER ROLL CALL APPROVAL OF MINUTES A. March 6, 2018 Planning and Zoning Board minutes
IV.
PUBLIC HEARINGS
V.
NEW BUSINESS A. Site Plan Review for 501 Riverside, Melbourne Beach, FL B. Site Plan Review for 422 Sunset, Melbourne Beach, FL
VI.
OLD BUSINESS A. Takeaway from joint meeting with Town Commission related to Land Development Code 1. Discuss engagement of Town Planner to address Fill Height Standards 2. Define Minor Grading, Minor Fill 3. Clarify language in section 7A-87 : Uses Under Special Exception Provisions
VII.
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VIII. IX. X.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS ADJOURNMENT
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Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Town Manager Robert Daniels Town Clerk Nancy Wilson Town Attorney Cliff Repperger, Jr. Town Planner Corey O’Gorman
MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Regular Meeting at 7:00 PM on Tuesday, March 6, 2018
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I.
CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m.
II.
ROLL CALL Town Clerk Wilson led roll call: Present: Chairman David Campbell Member Kurt Belsten Member April Evans Member Daniel Gonzalez
Staff Present: Town Manager Bob Daniels Town Clerk Nancy Wilson Absent: Town Attorney Clifford Repperger
Absent: Member Doug Hilmes III.
APPROVAL OF MINUTES A. January 9, 2018 Planning and Zoning Board minutes Member Belsten made a motion to approve the minutes as presented; Member Evans seconded. Motion carried 4-0.
IV.
NEW BUSINESS A. Site Plan Review for 504 Riverside, Melbourne Beach, FL Member Evans made a motion to approve the site plan for 504 Riverside as presented and forward it to the Town Commission for final approval; Member Gonzalez seconded. Motion carried 4-0.
V.
OLD BUSINESS No old business to discuss
VI.
PUBLIC COMMENT No public comment
VII.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY No reports
VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS No items added. Prior to adjourning, Member Evans asked about comments made in an article she read in the Beachsider regarding the proposed townhouses on 408-410
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Ocean Avenue. Town Manager Daniels said they have not shown any signs of proceeding with the project and he believes their last permit extension expires at the end of this month. He said that other than the article and the sign being on the lot, there hasn’t been any activity at that property. Member Evans’ concern is that the Board put use restrictions on the space over the garages and from what the article said, they are not planning on adhering to those restrictions. She wants to make sure that when the time comes, the restrictions are adhered to and that the current Building Official is aware of what was actually approved. Chairman Campbell said that the pictures in the Beachsider don’t reflect what the Board reviewed. Town Manager Daniels said he would follow-up with them on this matter. IX. ADJOURNMENT Member Evans made a motion to adjourn; Member Belsten seconded; Motion carried 4-0. Meeting adjourned at 7:08 p.m. ATTEST:
___________________________ David Campbell, Chairman
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___________________________ Nancy Wilson, Town Clerk
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EXCERPT FROM MARCH 7TH JOINT TOWN COMMISSION AND PLANNING & ZONING MTG.
Fill height standards Issue: how can lower-lying, existing properties be protected from the runoff of new, higher elevation construction In June 2017, this issue was sent to the Planning & Zoning Board for their recommendation. Their response was to add language directing the Building Official to ensure that water is flowing the way that it should. Chairman Campbell wants to address the issue by keeping the water on the site utilizing percolation tests, retention ponds and other methods. Member Belsten said that the thought process was to not micro-manage the construction process and that the homeowner and builder should simply be required to keep water on their property. Mayor Simmons said we don’t currently have any standards with which a Building Official can work and he thinks there should be. He added that with more teardowns, new builds will be on raised lots and areas that were once percolation areas will now be dumping water on everybody else. Member Evans reiterated that the Board doesn’t want to dictate construction methods. There is state law requiring that water be kept on site and the law needs to be enforced. 1520 years ago there wasn’t as much concern about run-off. Mayor Simmons said that state law is not a building standard and that everybody else shouldn’t have to deal with runoff from a property because it was built too high and they aren’t retaining their water. The Mayor thinks we should define that a property can’t be raised higher than a certain slope. He wants Planning & Zoning to work with the Town Planner to determine a maximum slope. Commissioner Quarrie thinks this is a bigger problem than just slope and said that maybe people should be required to keep a certain amount of water on their property similar to what is required for commercial property. She also talked about problems resulting from elevated additions to existing properties. Commissioner Hoover said we have an obligation to protect existing residents so they aren’t flooded by their neighbors. He likes the idea of a metrics based solution; reducing the amount of runoff is a top priority. Commissioner Walters said we only have 22 buildable lots and with additions, he can’t imagine putting an addition higher than original property. He’s in agreement that Planning & Zoning should revisit this issue. There was Commission consensus to allow the Planning & Zoning Board to engage the services of our Town Planner to address fill height standards.
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EXCERPT FROM MARCH 7TH JOINT TOWN COMMISSION AND PLANNING & ZONING MTG.
Minor Grading and Fill Town Planner O’Gorman provided 2 recommendations: leave it as is or case by case basis by defining minor grading and minor filling:
determine on a
Minor grading – is the alteration or change of existing grades on all or part of any property not associated with a permit for construction and which is so insignificant as to not pose any impediment to area drainage, cause stormwater to flow onto any adjacent property, impede the flow of floodwaters to the direct detriment of any adjacent property, or be in violation of any provision of the FBC or other applicable regulations. Minor fill – is the importing of soil, consolidated or unconsolidated material, deposited on all or part of any property not associated with a permit for construction, and which is so insignificant as to not pose any impediment to area drainage, cause stormwater to flow onto any adjacent property, impede the flow of floodwaters to the direct detriment of any adjacent property, or be in violation of any provision of the FBC or other applicable regulations. Mayor Simmons is in favor of adopting the definitions provided by the Town Planner because he feels it’s better for the Building Official to have a standard with which to work. Chairman Campbell wants to leave it as is. Mayor Simmons added that he’s more concerned about people who are already here because Melbourne Beach has a lot of houses that are not built at 18” above the crown of the road. After considerable discussion, the Planning & Zoning Board members agreed to define minor grading and minor fill.
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§7A-87. USES UNDER SPECIAL EXCEPTION PROVISIONS. Any use for which a special exception has been approved by the Board of Adjustment as provided in this Land Development Code shall not be deemed a nonconforming use for so long as the special exception use is permitted to be issued in applicable zoning district within the Land Development Code. Special exceptions which have been approved by the Board of Adjustment for only so long as the special exception use is permitted to be issued in the applicable zoning district within the Land Development Code shall without further action be deemed a conforming use on the subject premises. Upon elimination of the special exception use from the list of special exception uses allowed in the applicable zoning district within the Land Development Code, said previously issued special exception shall be deemed to be a non-conforming use. No special exception shall be expanded or enlarged beyond the boundaries of the tract or parcel of land upon which the special exception was approved, or in existence prior to October 31, 1990, without Town approval. No structure constituting a part of any special exception approved by the Town, or in existence prior to October 31, 1990, may be expanded or enlarged without the approval of the Town. For any special exception approved on or after October 31, 1990, no special exception shall be expanded or enlarged beyond the boundaries of the special exception approved and specifically defined in the approval. For any special exception approved on or after October 31, 1990, no structure to be used as a part of any special exception approved by the Board of Adjustment may be expanded or enlarged without approval by the Board of Adjustment and site plan review by the Planning and Zoning Board. After January 1, 2015, all special exceptions approved by the Board of Adjustment shall be conditioned upon development and use consistent with an accompanying site plan which shall be made a part of any special exception approved.
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Town Manager Robert Daniels Town Clerk Nancy Wilson Town Attorney Cliff Repperger, Jr. Town Planner Corey O’Gorman
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, April 3, 2018 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.
1
I. II. III.
CALL TO ORDER ROLL CALL APPROVAL OF MINUTES A. March 6, 2018 Planning and Zoning Board minutes
IV.
PUBLIC HEARINGS
V.
NEW BUSINESS A. Site Plan Review for 501 Riverside, Melbourne Beach, FL B. Site Plan Review for 422 Sunset, Melbourne Beach, FL
VI.
OLD BUSINESS A. Takeaway from joint meeting with Town Commission related to Land Development Code 1. Discuss engagement of Town Planner to address Fill Height Standards 2. Define Minor Grading, Minor Fill 3. Clarify language in section 7A-87 : Uses Under Special Exception Provisions
VII.
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VIII. IX. X.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS ADJOURNMENT
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Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek
Town Manager Robert Daniels Town Clerk Nancy Wilson Town Attorney Cliff Repperger, Jr. Town Planner Corey O’Gorman
MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Regular Meeting at 7:00 PM on Tuesday, March 6, 2018
3
I.
CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m.
II.
ROLL CALL Town Clerk Wilson led roll call: Present: Chairman David Campbell Member Kurt Belsten Member April Evans Member Daniel Gonzalez
Staff Present: Town Manager Bob Daniels Town Clerk Nancy Wilson Absent: Town Attorney Clifford Repperger
Absent: Member Doug Hilmes III.
APPROVAL OF MINUTES A. January 9, 2018 Planning and Zoning Board minutes Member Belsten made a motion to approve the minutes as presented; Member Evans seconded. Motion carried 4-0.
IV.
NEW BUSINESS A. Site Plan Review for 504 Riverside, Melbourne Beach, FL Member Evans made a motion to approve the site plan for 504 Riverside as presented and forward it to the Town Commission for final approval; Member Gonzalez seconded. Motion carried 4-0.
V.
OLD BUSINESS No old business to discuss
VI.
PUBLIC COMMENT No public comment
VII.
REPORTS: TOWN MANAGER AND TOWN ATTORNEY No reports
VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS No items added. Prior to adjourning, Member Evans asked about comments made in an article she read in the Beachsider regarding the proposed townhouses on 408-410
4
Ocean Avenue. Town Manager Daniels said they have not shown any signs of proceeding with the project and he believes their last permit extension expires at the end of this month. He said that other than the article and the sign being on the lot, there hasn’t been any activity at that property. Member Evans’ concern is that the Board put use restrictions on the space over the garages and from what the article said, they are not planning on adhering to those restrictions. She wants to make sure that when the time comes, the restrictions are adhered to and that the current Building Official is aware of what was actually approved. Chairman Campbell said that the pictures in the Beachsider don’t reflect what the Board reviewed. Town Manager Daniels said he would follow-up with them on this matter. IX. ADJOURNMENT Member Evans made a motion to adjourn; Member Belsten seconded; Motion carried 4-0. Meeting adjourned at 7:08 p.m. ATTEST:
___________________________ David Campbell, Chairman
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___________________________ Nancy Wilson, Town Clerk
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EXCERPT FROM MARCH 7TH JOINT TOWN COMMISSION AND PLANNING & ZONING MTG.
Fill height standards Issue: how can lower-lying, existing properties be protected from the runoff of new, higher elevation construction In June 2017, this issue was sent to the Planning & Zoning Board for their recommendation. Their response was to add language directing the Building Official to ensure that water is flowing the way that it should. Chairman Campbell wants to address the issue by keeping the water on the site utilizing percolation tests, retention ponds and other methods. Member Belsten said that the thought process was to not micro-manage the construction process and that the homeowner and builder should simply be required to keep water on their property. Mayor Simmons said we don’t currently have any standards with which a Building Official can work and he thinks there should be. He added that with more teardowns, new builds will be on raised lots and areas that were once percolation areas will now be dumping water on everybody else. Member Evans reiterated that the Board doesn’t want to dictate construction methods. There is state law requiring that water be kept on site and the law needs to be enforced. 1520 years ago there wasn’t as much concern about run-off. Mayor Simmons said that state law is not a building standard and that everybody else shouldn’t have to deal with runoff from a property because it was built too high and they aren’t retaining their water. The Mayor thinks we should define that a property can’t be raised higher than a certain slope. He wants Planning & Zoning to work with the Town Planner to determine a maximum slope. Commissioner Quarrie thinks this is a bigger problem than just slope and said that maybe people should be required to keep a certain amount of water on their property similar to what is required for commercial property. She also talked about problems resulting from elevated additions to existing properties. Commissioner Hoover said we have an obligation to protect existing residents so they aren’t flooded by their neighbors. He likes the idea of a metrics based solution; reducing the amount of runoff is a top priority. Commissioner Walters said we only have 22 buildable lots and with additions, he can’t imagine putting an addition higher than original property. He’s in agreement that Planning & Zoning should revisit this issue. There was Commission consensus to allow the Planning & Zoning Board to engage the services of our Town Planner to address fill height standards.
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EXCERPT FROM MARCH 7TH JOINT TOWN COMMISSION AND PLANNING & ZONING MTG.
Minor Grading and Fill Town Planner O’Gorman provided 2 recommendations: leave it as is or case by case basis by defining minor grading and minor filling:
determine on a
Minor grading – is the alteration or change of existing grades on all or part of any property not associated with a permit for construction and which is so insignificant as to not pose any impediment to area drainage, cause stormwater to flow onto any adjacent property, impede the flow of floodwaters to the direct detriment of any adjacent property, or be in violation of any provision of the FBC or other applicable regulations. Minor fill – is the importing of soil, consolidated or unconsolidated material, deposited on all or part of any property not associated with a permit for construction, and which is so insignificant as to not pose any impediment to area drainage, cause stormwater to flow onto any adjacent property, impede the flow of floodwaters to the direct detriment of any adjacent property, or be in violation of any provision of the FBC or other applicable regulations. Mayor Simmons is in favor of adopting the definitions provided by the Town Planner because he feels it’s better for the Building Official to have a standard with which to work. Chairman Campbell wants to leave it as is. Mayor Simmons added that he’s more concerned about people who are already here because Melbourne Beach has a lot of houses that are not built at 18” above the crown of the road. After considerable discussion, the Planning & Zoning Board members agreed to define minor grading and minor fill.
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§7A-87. USES UNDER SPECIAL EXCEPTION PROVISIONS. Any use for which a special exception has been approved by the Board of Adjustment as provided in this Land Development Code shall not be deemed a nonconforming use for so long as the special exception use is permitted to be issued in applicable zoning district within the Land Development Code. Special exceptions which have been approved by the Board of Adjustment for only so long as the special exception use is permitted to be issued in the applicable zoning district within the Land Development Code shall without further action be deemed a conforming use on the subject premises. Upon elimination of the special exception use from the list of special exception uses allowed in the applicable zoning district within the Land Development Code, said previously issued special exception shall be deemed to be a non-conforming use. No special exception shall be expanded or enlarged beyond the boundaries of the tract or parcel of land upon which the special exception was approved, or in existence prior to October 31, 1990, without Town approval. No structure constituting a part of any special exception approved by the Town, or in existence prior to October 31, 1990, may be expanded or enlarged without the approval of the Town. For any special exception approved on or after October 31, 1990, no special exception shall be expanded or enlarged beyond the boundaries of the special exception approved and specifically defined in the approval. For any special exception approved on or after October 31, 1990, no structure to be used as a part of any special exception approved by the Board of Adjustment may be expanded or enlarged without approval by the Board of Adjustment and site plan review by the Planning and Zoning Board. After January 1, 2015, all special exceptions approved by the Board of Adjustment shall be conditioned upon development and use consistent with an accompanying site plan which shall be made a part of any special exception approved.
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