Planning and Zoning Board Meeting At 7:00 PM Meeting Date ...
Chair David Campbell Member Kurt Belsten Member Sherri Quarrie Member Terry Williams Member/School Board Representative Christian Lindbaek
Town Manager Timothy Day Interim Town Clerk Nancy Wilson Building Official Rob Perry Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
The Planning & Zoning Board will conduct a
Planning and Zoning Board Meeting At 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, March 1, 2016 Meeting Location: Community Center - 509 Ocean Avenue 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.
CALL TO ORDER
II.
ROLL CALL
III.
APPROVAL OF MINUTES A. February 2, 2016 Planning and Zoning Board Minutes
IV.
PUBLIC HEARINGS None Scheduled
V.
NEW BUSINESS A. Site Plan Review for 1501 Oak Street, Melbourne Beach, FL
VI.
OLD BUSINESS B. Site Plan Review (revisited); 406 Ocean Avenue, Melbourne Beach, FL
VII.
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VIII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY IX.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS
X.
ADJOURNMENT
Chair David Campbell Member Kurt Belsten Member Sherri Quarrie Member Terry Williams Member/School Board Representative Christian Lindbaek
Town Manager Timothy Day Interim Town Clerk Nancy Wilson Building Official Rob Perry Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Meeting at 7:00 PM, Tuesday, February 2, 2016 Meeting Location: Community Center - 509 Ocean Avenue
I.
CALL TO ORDER Led by Chairman Campbell at 7:02 p.m.
II.
ROLL CALL Present: Chairman David Campbell Town Manager Timothy Day (arrived at 7:03) Member Sherri Quarrie Interim Town Clerk Nancy Wilson Member Terry Williams Building Official Rob Perry Absent: Member Kurt Belsten Member/School Board Rep. Christian Lindbaek Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
III.
APPROVAL OF MINUTES (00:07:04) A. January 5, 2016 Planning and Zoning Board Minutes Member Williams moved to approve the January 5, 2016 Planning and Zoning Board minutes; seconded by Member Quarrie Motion carried (3-0)
IV.
PUBLIC HEARINGS None Scheduled
V.
NEW BUSINESS None Scheduled
VI.
OLD BUSINESS Previous site plans were added to this agenda package as a continuance from the January 5, 2016 meeting. A. Site Plan Review (from 01/05/2016 meeting); 406 Ocean Avenue, Melbourne Beach, FL Member Williams moved to not approve the first set of plans from January 5th that didn’t meet the requirements of presentation; Member Quarrie seconded. Motion carried (3-0)
B. Site Plan Review (updated); 406 Ocean Avenue, Melbourne Beach, FL Applicant Dan Winkler was present and available for questions. The newly submitted plans were reviewed by the Board members to determine conformance with the Town’s codes. Member Williams said it looks like the plans from this presentation are different, in some ways, from the previous plans, namely that it looks like there are living quarters above the garage. Applicant, Dan Winkler said there are living quarters upstairs and downstairs. Ms. Williams asked if the garage is attached in such a way that it’s an accessory structure. Mr. Winkler answered that the garage is attached. Member Quarrie said it’s attached with the same trusses that are part of the structure. Member Williams said the outside elevations only indicated that a walkway was present. Mr. Winkler responded that the buildings are attached by a roof system from the garage to the entrance of the house; this is where Ms. Williams said that from the left side elevation, it appears that the roof structure stops. Member Quarrie then asked what the walkway is from the front to the back on the left side elevation of the west unit in the very back. Mr. Winkler’s responded that a roof structure existed. Building Official Perry said for clarification that access to the area above the garage, so that it is not an accessory structure, has to be from the second floor. Per code, there can’t be a separate structure that’s a living structure that’s not connected by an interior walkway. If it’s a separate living unit it would be considered a secondary unit and would not be permitted. Members Williams and Quarrie agreed that it looks like a catwalk leading to the garage structure and that the trusses are not connected thus having everything under one roof; the catwalk is not attached or under roof so it appears there is living space above the garage that’s not attached to the primary structure on the west unit. Ms. Quarrie added that there isn’t a layout of the second floor, only the first floor shows a layout. Mr. Winkler moved to the dais to look at Ms. Williams plans and his comments could not be heard though Ms. Williams responded by saying that the first set of plans presented on January 5, 2015 showed a roofline but the plans submitted for consideration at this meeting did not. She added that only a catwalk is evident, not a roofline. Building Official Perry said if the garage becomes an accessory structure, you can only have a bonus room in that structure, not sleeping quarters, a kitchen, etc. If it’s attached then it has to meet the primary setbacks of 25 feet. Member Williams restated Mr. Perry’s statement by reading from section 7A-51 which says “No accessory structure which contains living
quarters shall be constructed.” Member Quarrie again stated that we only have a blueprint of the first floor, not the second floor. Mr. Perry suggested that Mr. Winkler be asked what he plans to do with that second floor area above the garage. If that second floor area is being used for anything but a bonus room, it isn’t allowed, per our code, unless there is a continuous roof from the primary structure. Mr. Winkler said his understanding from the meeting on January 5, 2016, is that he needed to show drainage, swales and landscaping on the plans and that’s what he did. Member Williams’ comment that the plans submitted from the January meeting, where a roofline is shown, and the current plans, where no roofline is shown, are significantly different. Mr. Winkler stated it was a conceptual drawing and his drawings meet all the requirements of 7A-51. Ms. Williams said all the Board is just trying to do is determine if his plans meet code and what they need to discuss if the area above the garage is or is not an accessory structure. Member Williams said that on the first page of the plans, the area in question says “covered” but the drawing does not indicate coverage. Member Quarrie said a little rectangular box that indicates being covered is over the catwalk. The question is how to make sure that the area in question will not be used as living quarters. If there was one continuous roof, instead of architecturally having a catwalk covered, there would be no question. Building Official Perry emphasized that the area must also be enclosed along with having a continuous roof. He added that just a breezeway wouldn’t be permitted and that the way it’s designed on the plans with the exposure showing just a catwalk, the area above the garage can’t be living space. This is in accordance with the Town’s supplementary regulations. Chairman Campbell said the Board could approve provided that the space above the garage is not used for living quarters. Mr. Winkler again returned to the dais but his comments were inaudible. Member Williams had another question regarding the areas between the garage and the walkway. It looks to her that the fence is jutting out, specifically between units 3 and 4, thus infringing on the 25 foot setback area. Member Quarrie added that given what the drawing shows, there is only a 22 foot setback. Chairman Campbell said the fencing in the setback area isn’t a problem. The final question posed by Member Williams regarded a trash receptacle
and where it is located on the plans. Chairman Campbell said the individual units will handle their trash using carts like residential properties rather than having a trash receptacle for the entire facility. Chairman Campbell said again that the Board can approve the plans as long as the living area above the garage is not used for living quarters. Mr. Winkler said his understanding coming to this meeting was to meet the requirement for setbacks, swales, landscaping… Chairman Campbell interrupted Mr. Winkler to say that he had to meet all requirements. In this particular case, Mr. Winkler had to meet everything in 7A-51, everything in 8B and everything in the supplemental regulations. Mr. Winkler continued. He said he understood from the last meeting that he was to put the fence on the plans, the swale, etc. and he did that. He feels he did all that the Board requested of him at the January 5 th meeting and asked if he could get conceptual approval with the agreement that CBC is willing to meet all requirements of the building code. He asked for a motion to approve but if down the road, they want to make the area above the garage into living quarters, that the applicant incorporate the stairs to be inside the house. Building Official Perry said that when he reviews this, on the west setback and elevation, there’s a little roof and catwalk. If that area is enclosed and there are stairs inside the garage going to the 2nd floor or the 2nd floor is connected by a roof on the second floor, the porch overhang is going to be counted in the base footprint for the 2 nd level. Where the porch comes out, that’s where the 25 feet will start from the front setback because that’s part of the footprint. Member Quarrie said the issue is that there are two separate buildings and in order for the area above the garage to be used as living space, there needs to be one complete roofline and one fluid wall. Mr. Winkler suggested that the Board allow him to mark up their plans to show a complete roofline and fluid wall to which Chairman Campbell said he doesn’t like doing plans on the fly. Member Quarri said if the Commission got these plans, they wouldn’t approve them. Chairman Campbell said if the second floor is going to be used as living quarters, the drawings are not acceptable and can’t be approved. Building Official Perry concurred saying that if the area above the garage won’t be used as living quarters, the Board can approve. However, per code, if the area will be used as living quarters, we can’t approve the plans. Mr. Winkler asked again for a conditional approval. Chairman Campbell
replied that the Boards job is to review the plans submitted to them and if they are approved, the plans move on to the Town Commission. He said that Mr. Winkler is asking the Board to approve something they haven’t seen. Member Williams moved to not approve the plans as presented; Member Quarrie seconded. Motion carried (3-0) VII.
PUBLIC COMMENT Frank Thomas 606 Atlantic Avenue Mr. Thomas asked about public hearing notices he’s seen around town. The Building Official explained that those notices are for public hearings being held on properties located at 404 Atlantic Avenue and 501 Atlantic Avenue.
VIII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY Town Manager Day apologized for being a few minutes late. The Board welcomed him. IX.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS From the 9/29/15 Joint Town Commission and Planning and Zoning Board Workshop this Board was directed to discuss: 1. 2. 3. 4.
Definition of feathered flag sign Consideration of sign issues due to new state laws Drainage issues Landscaping standards
Member Williams questioned the status of the Land Development Code. Member Quarrie asked if there is something the Town could do to avoid what happened with the applicant regarding the property at 406 Ocean Avenue during the last two meetings. Chairman Campbell stated that the applicants problem was that he was looking for conceptual approval and we don’t have a process for that. Ms. Quarrie continued, suggesting we repackage our application kit or fine tune what applicants are given so they know exactly what the Board expects to see. Building Official Perry added that the problem occurred because Mr. Winkler didn’t perform his due diligence. He also added that our Town Planner, Corey O’Gorman is reworking the site plan review process. Chairman Campbell added that Mr. O’Gorman should be ask if plans meet our code not just individual
components of our code. Member Quarrie said the Board just wants that property to be developed properly whereupon Building Official Perry discussed another piece of property and explained that a lot of the issues we have are that applicants aren’t performing due diligence. X. ADJOURNMENT Member Williams moved to adjourn; seconded by Member Quarrie. Motion carried 3-0 Meeting adjourned at 7:49 p.m.
_________________________________ David Campbell, Chairman
________________________________ Nancy Wilson, Interim Town Clerk
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TOWN OF MELBOURNE BEACH Planning & Zoning Board Staff Report – Site Plan Review Pursuant to 7A-51 – February 2, 2016 APPLICANT: Dan Winkler, Commercial Building Corp OWNER:
Islander Condominium Development of Melbourne Beach, LLC
ADDRESS: 406 & 408 Ocean Avenue ZONING DISTRICT: 8-B Residential Business REQUEST: The applicant is requesting site plan approval for the construction of two new duplex buildings on one lot PARCEL ID: 28-38-07-FW-0000I.0023.00 / 28-38-07-FW-0000I.0020.00 STAFF REVIEW The following information is provided on the proposed site plan as required in Section 7A-51(e): Name, location, owner and designer of the proposed development and the intended use; Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties; Date, north arrow and graphic scale (not less than one inch equals 20 feet); Location of all property lines, existing streets, easements, utilities, as well as proposed drainage structures and culverts and proposed streets, driveways and general lot layout; Location of all trash and litter receptacles. Single-family pick-up with cans stored in garage or outside of public view; Location and design of landscape areas; All structures, major features and fences shall be fully dimensioned, including the distance between structures and the distance between driveways, parking areas and property or lot lines; Sign locations. None proposed; Off-street parking and loading provisions in detail; A professionally prepared plan drawn to scale and depicting the exterior appearance of proposed construction including landscaping, parking lots, and general layout. An elevation sketch of the front building facade indicating height dimension; A performance bond. Not applicable. Section 7A-51(c) states that the Planning and Zoning Board shall ascertain that proposed lot sizes, lot coverage, building heights, yard requirements, locating and off-street parking provisions are met. Following addresses the minimum requirements of the 8-B zoning district:
pg. 1
Town of Melbourne Beach – Planning & Zoning Board – 406 & 408 Atlantic Site Plan Review
Allowable Uses: Multi-family residences; Single-family residences (pursuant to the 3-RS requirements); and Duplexes. Proposed Use – Two Duplex Units Maximum Building Height: 28’ Proposed – 27’ 4” Minimum lot area: 9,000 SF Lot area provided – approximately 29,360 SF Minimum lot width: 60’ Lot width provided – 195.75’ plat / 195.84’ measured Minimum lot depth: 150’ Lot depth provided – 150.00’ plat / 149.92’ measured Maximum lot coverage: 40% Building 1 – 5578 SF Building 2 – 5650 SF Total = 11,228 divided by 29,357 SF (lot area) Lot Coverage = 38% Minimum floor area: 1,000 SF per unit in duplex Minimum floor area will be exceeded by proposed units Maximum density: 15 units per acre Density proposed – four (4) units on +/- 0.67 acres = 10.11 units per acre. Minimum yard requirements: Front setback: 25’ Provided – 25’ Side interior: none, provided a public access is available to the rear of the lot for trash removal and fire protection. Otherwise, a minimum side setback of 15 feet on the one side of the structure is required. Provided – 15’ on both side interior yards Rear setback: 25’ when abutting a residential area. Provided – 25’ Minimum distance between structures on the same lot: 15’ Provided – 15’ The following addresses Section 7A-51(c)(2): Ingress and egress. Provided by individual driveways. Manner of drainage. Shown via swales along the perimeter of the buildings from the north property line, south to Ocean Avenue. Utilities. Water and sewer connections are shown. Off-street parking. Two parking spaces per unit are required and provided, one enclosed space required. Landscaping. Section 9A(7)(b) includes minimum requirements for buffer plantings for multifamily developments, and the buffers shown on this site plan comply with this section. Density. The proposed plan is within density limitations. Recreation / open space. Common and individual open space areas are provided. Setbacks. The proposed plan complies with required setbacks and building separation. Based on the above, the subject site plan complies with the provisions of 8-B Residential Business, and 7A-51 for site plan review of two duplex buildings on one lot.
pg. 2
Town of Melbourne Beach – Planning & Zoning Board – 406 & 408 Atlantic Site Plan Review
Town Manager Timothy Day Interim Town Clerk Nancy Wilson Building Official Rob Perry Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
The Planning & Zoning Board will conduct a
Planning and Zoning Board Meeting At 7:00 PM To address the item(s) below.
Meeting Date: Tuesday, March 1, 2016 Meeting Location: Community Center - 509 Ocean Avenue 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.
CALL TO ORDER
II.
ROLL CALL
III.
APPROVAL OF MINUTES A. February 2, 2016 Planning and Zoning Board Minutes
IV.
PUBLIC HEARINGS None Scheduled
V.
NEW BUSINESS A. Site Plan Review for 1501 Oak Street, Melbourne Beach, FL
VI.
OLD BUSINESS B. Site Plan Review (revisited); 406 Ocean Avenue, Melbourne Beach, FL
VII.
PUBLIC COMMENT (Please limit comments to items that are not on the agenda)
VIII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY IX.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS
X.
ADJOURNMENT
Chair David Campbell Member Kurt Belsten Member Sherri Quarrie Member Terry Williams Member/School Board Representative Christian Lindbaek
Town Manager Timothy Day Interim Town Clerk Nancy Wilson Building Official Rob Perry Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
MINUTES The Planning & Zoning Board conducted a
Planning and Zoning Board Meeting at 7:00 PM, Tuesday, February 2, 2016 Meeting Location: Community Center - 509 Ocean Avenue
I.
CALL TO ORDER Led by Chairman Campbell at 7:02 p.m.
II.
ROLL CALL Present: Chairman David Campbell Town Manager Timothy Day (arrived at 7:03) Member Sherri Quarrie Interim Town Clerk Nancy Wilson Member Terry Williams Building Official Rob Perry Absent: Member Kurt Belsten Member/School Board Rep. Christian Lindbaek Town Planner Corey O’Gorman Town Attorney Cliff Repperger, Jr.
III.
APPROVAL OF MINUTES (00:07:04) A. January 5, 2016 Planning and Zoning Board Minutes Member Williams moved to approve the January 5, 2016 Planning and Zoning Board minutes; seconded by Member Quarrie Motion carried (3-0)
IV.
PUBLIC HEARINGS None Scheduled
V.
NEW BUSINESS None Scheduled
VI.
OLD BUSINESS Previous site plans were added to this agenda package as a continuance from the January 5, 2016 meeting. A. Site Plan Review (from 01/05/2016 meeting); 406 Ocean Avenue, Melbourne Beach, FL Member Williams moved to not approve the first set of plans from January 5th that didn’t meet the requirements of presentation; Member Quarrie seconded. Motion carried (3-0)
B. Site Plan Review (updated); 406 Ocean Avenue, Melbourne Beach, FL Applicant Dan Winkler was present and available for questions. The newly submitted plans were reviewed by the Board members to determine conformance with the Town’s codes. Member Williams said it looks like the plans from this presentation are different, in some ways, from the previous plans, namely that it looks like there are living quarters above the garage. Applicant, Dan Winkler said there are living quarters upstairs and downstairs. Ms. Williams asked if the garage is attached in such a way that it’s an accessory structure. Mr. Winkler answered that the garage is attached. Member Quarrie said it’s attached with the same trusses that are part of the structure. Member Williams said the outside elevations only indicated that a walkway was present. Mr. Winkler responded that the buildings are attached by a roof system from the garage to the entrance of the house; this is where Ms. Williams said that from the left side elevation, it appears that the roof structure stops. Member Quarrie then asked what the walkway is from the front to the back on the left side elevation of the west unit in the very back. Mr. Winkler’s responded that a roof structure existed. Building Official Perry said for clarification that access to the area above the garage, so that it is not an accessory structure, has to be from the second floor. Per code, there can’t be a separate structure that’s a living structure that’s not connected by an interior walkway. If it’s a separate living unit it would be considered a secondary unit and would not be permitted. Members Williams and Quarrie agreed that it looks like a catwalk leading to the garage structure and that the trusses are not connected thus having everything under one roof; the catwalk is not attached or under roof so it appears there is living space above the garage that’s not attached to the primary structure on the west unit. Ms. Quarrie added that there isn’t a layout of the second floor, only the first floor shows a layout. Mr. Winkler moved to the dais to look at Ms. Williams plans and his comments could not be heard though Ms. Williams responded by saying that the first set of plans presented on January 5, 2015 showed a roofline but the plans submitted for consideration at this meeting did not. She added that only a catwalk is evident, not a roofline. Building Official Perry said if the garage becomes an accessory structure, you can only have a bonus room in that structure, not sleeping quarters, a kitchen, etc. If it’s attached then it has to meet the primary setbacks of 25 feet. Member Williams restated Mr. Perry’s statement by reading from section 7A-51 which says “No accessory structure which contains living
quarters shall be constructed.” Member Quarrie again stated that we only have a blueprint of the first floor, not the second floor. Mr. Perry suggested that Mr. Winkler be asked what he plans to do with that second floor area above the garage. If that second floor area is being used for anything but a bonus room, it isn’t allowed, per our code, unless there is a continuous roof from the primary structure. Mr. Winkler said his understanding from the meeting on January 5, 2016, is that he needed to show drainage, swales and landscaping on the plans and that’s what he did. Member Williams’ comment that the plans submitted from the January meeting, where a roofline is shown, and the current plans, where no roofline is shown, are significantly different. Mr. Winkler stated it was a conceptual drawing and his drawings meet all the requirements of 7A-51. Ms. Williams said all the Board is just trying to do is determine if his plans meet code and what they need to discuss if the area above the garage is or is not an accessory structure. Member Williams said that on the first page of the plans, the area in question says “covered” but the drawing does not indicate coverage. Member Quarrie said a little rectangular box that indicates being covered is over the catwalk. The question is how to make sure that the area in question will not be used as living quarters. If there was one continuous roof, instead of architecturally having a catwalk covered, there would be no question. Building Official Perry emphasized that the area must also be enclosed along with having a continuous roof. He added that just a breezeway wouldn’t be permitted and that the way it’s designed on the plans with the exposure showing just a catwalk, the area above the garage can’t be living space. This is in accordance with the Town’s supplementary regulations. Chairman Campbell said the Board could approve provided that the space above the garage is not used for living quarters. Mr. Winkler again returned to the dais but his comments were inaudible. Member Williams had another question regarding the areas between the garage and the walkway. It looks to her that the fence is jutting out, specifically between units 3 and 4, thus infringing on the 25 foot setback area. Member Quarrie added that given what the drawing shows, there is only a 22 foot setback. Chairman Campbell said the fencing in the setback area isn’t a problem. The final question posed by Member Williams regarded a trash receptacle
and where it is located on the plans. Chairman Campbell said the individual units will handle their trash using carts like residential properties rather than having a trash receptacle for the entire facility. Chairman Campbell said again that the Board can approve the plans as long as the living area above the garage is not used for living quarters. Mr. Winkler said his understanding coming to this meeting was to meet the requirement for setbacks, swales, landscaping… Chairman Campbell interrupted Mr. Winkler to say that he had to meet all requirements. In this particular case, Mr. Winkler had to meet everything in 7A-51, everything in 8B and everything in the supplemental regulations. Mr. Winkler continued. He said he understood from the last meeting that he was to put the fence on the plans, the swale, etc. and he did that. He feels he did all that the Board requested of him at the January 5 th meeting and asked if he could get conceptual approval with the agreement that CBC is willing to meet all requirements of the building code. He asked for a motion to approve but if down the road, they want to make the area above the garage into living quarters, that the applicant incorporate the stairs to be inside the house. Building Official Perry said that when he reviews this, on the west setback and elevation, there’s a little roof and catwalk. If that area is enclosed and there are stairs inside the garage going to the 2nd floor or the 2nd floor is connected by a roof on the second floor, the porch overhang is going to be counted in the base footprint for the 2 nd level. Where the porch comes out, that’s where the 25 feet will start from the front setback because that’s part of the footprint. Member Quarrie said the issue is that there are two separate buildings and in order for the area above the garage to be used as living space, there needs to be one complete roofline and one fluid wall. Mr. Winkler suggested that the Board allow him to mark up their plans to show a complete roofline and fluid wall to which Chairman Campbell said he doesn’t like doing plans on the fly. Member Quarri said if the Commission got these plans, they wouldn’t approve them. Chairman Campbell said if the second floor is going to be used as living quarters, the drawings are not acceptable and can’t be approved. Building Official Perry concurred saying that if the area above the garage won’t be used as living quarters, the Board can approve. However, per code, if the area will be used as living quarters, we can’t approve the plans. Mr. Winkler asked again for a conditional approval. Chairman Campbell
replied that the Boards job is to review the plans submitted to them and if they are approved, the plans move on to the Town Commission. He said that Mr. Winkler is asking the Board to approve something they haven’t seen. Member Williams moved to not approve the plans as presented; Member Quarrie seconded. Motion carried (3-0) VII.
PUBLIC COMMENT Frank Thomas 606 Atlantic Avenue Mr. Thomas asked about public hearing notices he’s seen around town. The Building Official explained that those notices are for public hearings being held on properties located at 404 Atlantic Avenue and 501 Atlantic Avenue.
VIII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY Town Manager Day apologized for being a few minutes late. The Board welcomed him. IX.
ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS From the 9/29/15 Joint Town Commission and Planning and Zoning Board Workshop this Board was directed to discuss: 1. 2. 3. 4.
Definition of feathered flag sign Consideration of sign issues due to new state laws Drainage issues Landscaping standards
Member Williams questioned the status of the Land Development Code. Member Quarrie asked if there is something the Town could do to avoid what happened with the applicant regarding the property at 406 Ocean Avenue during the last two meetings. Chairman Campbell stated that the applicants problem was that he was looking for conceptual approval and we don’t have a process for that. Ms. Quarrie continued, suggesting we repackage our application kit or fine tune what applicants are given so they know exactly what the Board expects to see. Building Official Perry added that the problem occurred because Mr. Winkler didn’t perform his due diligence. He also added that our Town Planner, Corey O’Gorman is reworking the site plan review process. Chairman Campbell added that Mr. O’Gorman should be ask if plans meet our code not just individual
components of our code. Member Quarrie said the Board just wants that property to be developed properly whereupon Building Official Perry discussed another piece of property and explained that a lot of the issues we have are that applicants aren’t performing due diligence. X. ADJOURNMENT Member Williams moved to adjourn; seconded by Member Quarrie. Motion carried 3-0 Meeting adjourned at 7:49 p.m.
_________________________________ David Campbell, Chairman
________________________________ Nancy Wilson, Interim Town Clerk
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TOWN OF MELBOURNE BEACH Planning & Zoning Board Staff Report – Site Plan Review Pursuant to 7A-51 – February 2, 2016 APPLICANT: Dan Winkler, Commercial Building Corp OWNER:
Islander Condominium Development of Melbourne Beach, LLC
ADDRESS: 406 & 408 Ocean Avenue ZONING DISTRICT: 8-B Residential Business REQUEST: The applicant is requesting site plan approval for the construction of two new duplex buildings on one lot PARCEL ID: 28-38-07-FW-0000I.0023.00 / 28-38-07-FW-0000I.0020.00 STAFF REVIEW The following information is provided on the proposed site plan as required in Section 7A-51(e): Name, location, owner and designer of the proposed development and the intended use; Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties; Date, north arrow and graphic scale (not less than one inch equals 20 feet); Location of all property lines, existing streets, easements, utilities, as well as proposed drainage structures and culverts and proposed streets, driveways and general lot layout; Location of all trash and litter receptacles. Single-family pick-up with cans stored in garage or outside of public view; Location and design of landscape areas; All structures, major features and fences shall be fully dimensioned, including the distance between structures and the distance between driveways, parking areas and property or lot lines; Sign locations. None proposed; Off-street parking and loading provisions in detail; A professionally prepared plan drawn to scale and depicting the exterior appearance of proposed construction including landscaping, parking lots, and general layout. An elevation sketch of the front building facade indicating height dimension; A performance bond. Not applicable. Section 7A-51(c) states that the Planning and Zoning Board shall ascertain that proposed lot sizes, lot coverage, building heights, yard requirements, locating and off-street parking provisions are met. Following addresses the minimum requirements of the 8-B zoning district:
pg. 1
Town of Melbourne Beach – Planning & Zoning Board – 406 & 408 Atlantic Site Plan Review
Allowable Uses: Multi-family residences; Single-family residences (pursuant to the 3-RS requirements); and Duplexes. Proposed Use – Two Duplex Units Maximum Building Height: 28’ Proposed – 27’ 4” Minimum lot area: 9,000 SF Lot area provided – approximately 29,360 SF Minimum lot width: 60’ Lot width provided – 195.75’ plat / 195.84’ measured Minimum lot depth: 150’ Lot depth provided – 150.00’ plat / 149.92’ measured Maximum lot coverage: 40% Building 1 – 5578 SF Building 2 – 5650 SF Total = 11,228 divided by 29,357 SF (lot area) Lot Coverage = 38% Minimum floor area: 1,000 SF per unit in duplex Minimum floor area will be exceeded by proposed units Maximum density: 15 units per acre Density proposed – four (4) units on +/- 0.67 acres = 10.11 units per acre. Minimum yard requirements: Front setback: 25’ Provided – 25’ Side interior: none, provided a public access is available to the rear of the lot for trash removal and fire protection. Otherwise, a minimum side setback of 15 feet on the one side of the structure is required. Provided – 15’ on both side interior yards Rear setback: 25’ when abutting a residential area. Provided – 25’ Minimum distance between structures on the same lot: 15’ Provided – 15’ The following addresses Section 7A-51(c)(2): Ingress and egress. Provided by individual driveways. Manner of drainage. Shown via swales along the perimeter of the buildings from the north property line, south to Ocean Avenue. Utilities. Water and sewer connections are shown. Off-street parking. Two parking spaces per unit are required and provided, one enclosed space required. Landscaping. Section 9A(7)(b) includes minimum requirements for buffer plantings for multifamily developments, and the buffers shown on this site plan comply with this section. Density. The proposed plan is within density limitations. Recreation / open space. Common and individual open space areas are provided. Setbacks. The proposed plan complies with required setbacks and building separation. Based on the above, the subject site plan complies with the provisions of 8-B Residential Business, and 7A-51 for site plan review of two duplex buildings on one lot.
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Town of Melbourne Beach – Planning & Zoning Board – 406 & 408 Atlantic Site Plan Review
