CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Alan King, Chairman, Planning and Zoning Board, called the regular meeting of the Local
Planning Agency/Planning and Zoning Board to order at 6:30 p.m., followed by the Pledge
of Allegiance to the Flag and introduction of the Board and City staff members.
PRESENT:
Alan King
Ed Coruzzi
Don Laird
Erin Trauger
Suzanne Crockett
Cheryl Dean
Todd Corwin
Jeffrey Higgins
Kathy Gangwer
Chairman
Vice-Chairman
Member
Member
Assistant City Attorney
Planning Manager
Planner
Planner
Recording Secretary
ABSENT:
Bruce Waters
George Lebovitz
Carol Hudgens
Nat Clement
Member (Excused)
Member (Excused)
Alternate Member (Excused)
Member (Excused)
Mr. King reminded the Board and staff to silence their electronic communication devices,
as these devices may not be used during the meeting. He provided a brief account of
how the Board operates during the meeting.
3.
Declarations of Conflict
None.
Mrs. Dean noted that in accordance with state law Mr. Chairman, we need to read
the memorandum of voting conflict form completed by Ms. Erin Trauger at the May
4, 2017 meeting. In that form, Ms. Trauger disclosed the following: On May 4, 2017,
a measure came before the Board which would inure to her private gain or loss. The
measure before the Board and the nature of her conflicting interest in the measure
is as follows: Item No. 6, SD-2016-01, Eau Gallie Pointe Final Plat, is a conflict of
interest because her employer, Construction Engineering Group, is the Engineer of
Record for this item.
We also need to read the memorandum of voting conflict form completed by Mr.
Alan King at the May 4, 2017 meeting. In that form, Mr. King disclosed the following:
Page 1 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
On May 4, 2017, a measure came before the Board which would inure to his private
gain or loss. The measure before the Board and the nature of his conflicting interest
in the measure is as follows: Item No. 6, SD-2016-01, Eau Gallie Pointe Final Plat,
is a conflict of interest as he involved with the marketing of some of the lots in the
subdivision.
Mr. King advised the Board that the applicant for Item No. 6, Waterline Marina, has
requested postponement to the June 1, 2017 Planning and Zoning Board meeting.
Moved by Laird/Coruzzi to recommend postponement of Item No. 6 to the June 1,
2017 Planning and Zoning Board meeting.
Motion carried unanimously.
4.
Conditional Use Request (CU-2017-06) for the Consumption of Alcohol on
Premises – “Hurricane Creek Saloon”
Proposed Action
Mr. Corwin explained to the Board that the applicant is requesting Conditional Use
approval to allow the sale and consumption of alcohol on premises, in conjunction
with a bar on .20± developed acres zoned C-3 (Central Business District). He
displayed the location and provided a brief history of the property. He identified the
property and adjacent properties future land use and zoning designations.
Issues and Considerations
Hurricane Creek Saloon and Kitchen is proposed as a bar use with 216 typical seats
and 198 when tables are moved for standing room, and the applicant is proposing
to utilize a retail beverage license (4COP). The 4COP license will allow the applicant
to serve all types of alcoholic beverages without a restaurant component. Since the
sale of food is not required, the applicant can operate as a “bar or tavern”. The on
premise consumption of alcohol, when not in conjunction with a restaurant, requires
a conditional use in the C-3 zoning district. The Conditional Use standards are
located in Appendix B, Article IX, Section 5. Additional stipulations for the sale and
consumption of alcohol on premises are presented in Appendix B, Article VI, Section
2(Q).
 Restaurant: Per City Code, a business is a “restaurant” if the sale of food and
non-alcoholic beverages constitutes at least 51 percent of the gross revenue of
the establishment.
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CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
 Bar/Tavern: Per City Code, an establishment is considered a “bar/tavern” if it
sells more alcoholic drinks than food and non-alcoholic beverages. A regular
4COP license issued by ABT would not require any sale of food and/or nonalcoholic beverages. The applicant has indicated that he hopes to meet the
required 51 percent threshold to be considered a restaurant, but is not sure if this
compliance will be achievable since he perceives that “Friday and Saturday
evening crowds may constitute a sizeable part of his business.”
Surrounding Area: The Conditional Use standards require a determination that the
proposed use will not be harmful to the neighborhood or otherwise detrimental to the
public welfare, and are in harmony with the general purpose of the zoning ordinance.
The character and use of adjoining buildings and those in the vicinity, the number of
persons residing or working in such buildings, and traffic conditions in the vicinity are
all factors that shall be reviewed in this determination.
The subject site is located along East New Haven Avenue in the heart of Downtown
Melbourne. The building on this property was constructed in 1928. Commercial
establishments front New Haven Avenue throughout this area creating an urban
environment. Within a 500-foot radius of the subject property there is a mixture of
retail, restaurant, bar, office, institutional, and residential uses. Commercial
buildings housing retail businesses are located across East New Haven Avenue,
north of the subject site. An antique shop is located to the west of the site (across
Vernon Place) and a retail shop is located immediately east of the subject property.
The nearest residential use is a single-family home located approximately 190 feet
south of the subject site (building to building). In addition, a duplex and an apartment
building are located approximately 200 feet to the southeast.
Access: This property is located within of the Downtown Melbourne Community
Redevelopment Area (CRA) and is zoned for Central Business District uses. The
property has direct access to East New Haven Avenue on its north side. The
property also has access to Vernon Place.
Analysis of Use
The subject property is a 5,310± square foot unit in an existing 7,716± square foot
multi-tenant building with frontage along New Haven Avenue and Vernon Place.
There is a limited amount of outdoor seating on the property in a covered patio area
at the front of the building. The property has multiple exit ways from the building
onto Vernon Place.
When analyzing a request to operate as a bar, some of the areas studied by staff
include: size/scale of proposed facility, amount of area used outdoors, and proximity
to residential uses.
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CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Floor Plans and Occupancy: Based upon the current number of bathroom fixtures
(toilets and urinals) onsite, the Florida Building Code identifies that a “bar/tavern”
use at this location will be limited to a maximum occupancy load of 240 persons.
This figure includes all persons, including customers, staff, musicians, etc. As such,
staff has included a condition specifically limiting the occupancy of the unit to 240
persons. A copy of the floor plan will be attached to the conditional use ordinance
and the applicant will need to adhere to this floor plan at all times.
Outdoor Areas: The building has an outdoor seating area located at the front of
the building. With noise being a major concern of the eating and drinking
establishments located in downtown, especially those businesses with outdoor
seating areas, staff has added a condition that prohibits the use of outdoor
amplification in this outdoor area.
Crowd Management: The building on this property is almost entirely located along
the property lines, meaning that as the establishment reaches the 240-occupancy
maximum, (especially during special events), there may be people waiting outside,
standing in and along the right-of-way, to enter the establishment. To help control
any crowd that may form outside the establishment, staff has added a condition,
requiring the applicant to comply with the attached “crowd flow plan”. In addition,
staff has provided another condition that the property owner shall maintain an orderly
queue line, located adjacent to the outdoor seating area and east along Vernon
Place, to queue patrons in an orderly manner on the public sidewalk waiting to enter
the establishment.
Security: Because the subject business will have the ability to solely operate as a
bar/tavern, staff has added a condition of approval that requires the owner/applicant
to provide a security team. This team must consist of three persons who have all
successfully completed a two-hour online crowd manager training course along with
a City sponsored safety and security training program to perform crowd
management services.
JPA review Comments
The project is not located within the Joint Planning Agreement review area.
Concurrency
The site is developed and occupies an existing building. Accordingly, the proposed
use should not significantly impact public infrastructure systems and facilities.
Page 4 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Additional Considerations
A site plan is not required, since the building will not be altered by more than fifty
percent (50%). Since the property lies within the Downtown Melbourne CRA, the
Architectural Review Board must approve any future exterior renovations.
 This is an existing site and therefore was not required to submit a rendering or
environmental report.
 With the conditions proposed by staff, the proposed Conditional Use complies
with the City’s Future Land Use Map and Comprehensive Plan policies.
 This business is not located within 500 feet of an adult entertainment
establishment as defined in Chapter 4 of the Melbourne City Code, or the adult
entertainment district as described in Appendix B, Article VI of the Land
Development Regulations.
 This business is located within one of the City of Melbourne's Community
Redevelopment (CRA) Districts and is therefore exempt from the distance
requirements from churches and schools.
 Since the property is located within the Melbourne Downtown CRA, the Historic
and Architectural Review Board must approve any future exterior renovations,
including painting, awnings, signs, and fencing.
Mr. Corwin referenced the findings contained in the Planning and Zoning Board
agenda memorandum.
Recommendation
Based on the findings contained in the Planning and Zoning Board agenda
memorandum, for a developed property located at 829 East New Haven Avenue,
located on the southeast corner of the Vernon Place and East New Haven Avenue,
the Community Development Department recommends:
APPROVAL of CU-2017-06, for a Conditional Use to allow the sale and
consumption of alcohol on premises, in a 5,310±-square foot unit in an existing
7,716± building on an overall .20±-acre developed parcel zoned C-3, pursuant to the
following conditions:
a.
The owner/applicant shall comply with the attached floor plans at all times. The
attached floor plans note a typical seating arrangement (216 seats) and one
that depicts the seating arrangement when tables are moved for standing room
(198 seats). No temporary seating may be added and tables may not be moved
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CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
except as depicted on the “standing room” floor plan or as directed by staff from
the City of Melbourne’s Code Compliance Division during special events with
large crowds.
b.
Outdoor amplification of sound is prohibited on the outdoor patio area, except
in conjunction with a special activity permit issued by the City Clerk, and all City
Code requirements for noise shall be followed.
c.
The maximum occupancy limit of the premises located at 829 East New Haven
Avenue will be 240 persons. This maximum occupancy includes both the
interior area of the building and the outdoor patio area. Any increase in this
occupancy limit of 240 persons will require a re-evaluation of the conditional
use by the Planning and Zoning Board and City Council.
d.
The owner/applicant shall provide a security team consisting of three persons
who have each successfully completed a two-hour online crowd management
training course or other similar training program developed by the City of
Melbourne, to perform crowd management services (including but not limited
to patron ID verification, crowd control, management of ingress and egress,
supervision of queue lines, and occupancy counts) on Friday and Saturday
nights and during special events held on other nights of the week (Sunday
through Thursday) on the property or in the right-of-way adjacent to the
property, from 10:30 pm to closing. While performing crowd management
services, crowd managers shall be easily identifiable by their clothing and shall
carry proof of their crowd management training. Crowd managers shall
produce occupancy counts and proof of training upon request of any law
enforcement officer, code enforcement officer, or fire marshal.
e.
The applicant shall comply with all requirements of Chapter 48 of the City Code
regarding solid waste, and Chapter 50, Article IV of City Code regarding illicit
discharges.
f.
The sale, service and consumption of alcohol is to be located completely within
the unit of the building identified as 829 East New Haven Avenue and/or within
an approved outdoor seating area. This area shall conform to the approved
seating area depicted on both the attached floor plan and the alcohol license
issued by the Division of Alcoholic Beverages and Tobacco.
g.
The applicant, its employees and its agents shall follow the City Code
requirements outlined in Chapter 6, Alcoholic Beverages.
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CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
h.
If the premises located at 829 East New Haven Avenue ceases to be used for
on-premises consumption of alcoholic beverages in conjunction with a
“bar/tavern for a continuous period of six months, the conditional use for onpremises consumption of alcohol shall expire and become null and void. The
use of the premises shall revert to the previous and more restricted use
classification.
i.
The applicant/owner must meet all applicable building code requirements for
any renovations to the building identified as 829 East New Haven Avenue.
j.
The owner applicant shall comply with the attached crowd flow plan during
special events. In addition, the property owner shall maintain an orderly queue
line if patrons are on the public sidewalk waiting to enter the establishment.
The queue line should have an expandable rope line or similar dividing
mechanism that ensures the line will only use the south half of the existing
sidewalk along New Haven Avenue and the east side of the sidewalk along
Vernon Place, while also keeping the line from trespassing onto adjacent
private property.
k.
The applicant/owner must receive Historic and Architectural Review Board
(HARB) approval for any applicable exterior modifications to the site.
l.
When live entertainment is occurring within the establishment, all doors and
windows of the establishment shall be closed to moderate noise levels for
surrounding properties.
Randy Bennett, 325 Valencia Road, Melbourne, approached and stated his
business partner was also present and both were available for questions or
comments.
Mr. Laird asked the applicant to describe his business plan.
Mr. Bennett advised the Board he already has a 5149 SRXS license, which use to
be called an SRX license. This requires the sale of food to exceed alcohol sales.
With the new changes in licensing and laws, this requirement begins at day one and
businesses are audited within the first 60 days. He said his intent is to open as
restaurant and serve food with a country/western theme, operating both daytime and
evening hours. He said he wants to be compliant with City Code from day one. This
is why he is proceeding with the 4COP license and pursuing the conditional use
permit.
Mr. Laird asked Mr. Bennett if he already has the 4COP license.
Page 7 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Mr. Bennett replied yes; he has a 4COP ready to transfer and he also has the 5149
SRXS license. The conditional use permit, if approved, will ensure he meets City
Code and remains compliant.
Mr. King opened the public hearing; there being no public comment, the public
hearing was closed and discussion was brought back to the Board.
Moved by Laird/Coruzzi to recommend approval of CU-2017-05 based upon the
findings and conditions contained in the Planning and Zoning Board agenda
memorandum dated May 4, 2017.
Motion carried unanimously.
5.
Zoning Request (Z-2017-1253) Vida Way and Rosevere Way
Proposed Action
Mr. Corwin explained to the Board that this is a rezoning request to change the
existing R-1AA (Single-Family Low Density Residential District) zoning to C-1A
(Professional, Offices and Services District) on three lots totaling 0.72± acres. He
displayed the location and provided a brief summary of the property. He identified
the property and adjacent properties future land use and zoning designations.
FUTURE LAND USE CONSIDERATIONS
These properties are designated as Office/Professional on the Future Land Use Map
(FLUM); however, they are zoned for residential use. The subject properties lie on
the west side of Babcock Street, an arterial roadway that connects US 192 with Palm
Bay Road and other south County areas. In the surrounding vicinity, from Edgewood
Drive northward, both sides of Babcock Street are zoned for office/professional or
commercial uses. The commercial uses, for the most part, front Babcock Street, as
a transition to the residential uses abutting local roadways that connect to Babcock
Street.
The site is designated as Office/Professional on the City’s FLUM. According to the
Future Land Use Element (FLUE) of the Comprehensive Plan:
“…the Office/Professional land use category shall accommodate activities such
as medical and professional offices and related services, personal services, and
limited low and medium density residential. The category is intended to be used
for commerce areas where the wider range of retail activities is not adequate
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CITY OF MELBOURNE
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MAY 18, 2017 ♦ 6:30 P.M.
due to surrounding uses, particularly low density residential lands, or traffic
considerations.”
The placement of Office/Professional land use takes into consideration the need to
restrict the types of commercial activities in certain commercial areas, particularly
adjacent to low density residential lands. The Office/Professional land use limits
commercial zoning to only the R-P and C-1A zoning districts. This land use is
typically located along busy arterial and collector roadways where low intensity
commercial uses can provide a transitory buffer between the roadway corridor and
neighboring residential uses.
ZONING DESIGNATION ANALYSIS
Establishing C-1A zoning is the focus of the proposed request, and is reviewed in
accordance with Appendix B, Article IX, Section 1(A), which states that the proposed
amendment or change shall be studied to determine:
(a)
(b)
(c)
(d)
The need and justification for the change;
When pertaining to the rezoning of land, the effect of the change, if any, on a
particular property and on surrounding properties;
When pertaining to the rezoning of land, the amount of undeveloped land in the
general area and in the City having the same classification as that requested;
and
The relationship of the proposed amendment to the purpose of the City's plan
for development with appropriate consideration as to whether the proposed
change will further the purposes of this ordinance and the plan.
Need for Change: The property owners desire to rezone the subject properties to
be consistent with the current Office/Professional Future Land Use designation. For
any development on these parcels, the applicant(s) will be required to submit an
informal site development plan to City staff, in conformance with City Code, and
make the necessary site upgrades including drainage, parking, as well as
landscaping and enhanced buffering improvements where abutting residential uses.
As part of the development process, the applicant(s) will be required by City Code
to construct six-foot opaque fences on the property lines where the subject site
borders residential uses (at a minimum along the western property line).
Effect on the Property and Surrounding Properties: Currently, the zoning for the
subject properties is R-1AA, which allows for single-family residential uses. Singlefamily homes are located to the south and west. A professional office building is
located to the north along Babcock Street. Vacant residential land is located to the
east across Babcock Street. The C-1A zoning district is a low intensity “professional
Page 9 of 20
CITY OF MELBOURNE
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MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
office and services” zoning that permits such uses as business services, office,
personal services, churches, and financial institutions.
Professional office uses are typically utilized as a transitional land use between high
volume roadways (and/or high intensity commercial development) and nearby
residential uses. Office/professional type uses on the subject site will provide a low
intensity buffer between the Babcock Street corridor and the residential uses to the
west. Stand-alone retail uses are not permitted in the C-1A zoning district.
Amount of Similarly Zoned Land in the Vicinity: Placing C-1A zoning on the
subject property is consistent with the current Office/Professional Land Use of the
property. Property zoned C-1A is located immediately north of the subject lots. In
addition, commercial zoning classifications stretch the entire length of Babcock
Street from the north property line of the subject site to East New Haven Avenue
(US192). The property to the north of this site is already zoned for and occupied by
a professional office use.
Consistency with the Comprehensive Plan: With the current Office/Professional
Future Land Use, the C-1A zoning will function transitionally, separating the existing
residential uses from a high traffic volume roadway. In the vicinity of the subject
land, the average annual daily traffic count is 31,980 vehicles per day. On the
western side of the road, the entire length of Babcock Street, between US 192 and
the Florida Tech campus, is designated for Office/Professional Future Land Use.
On the east side of the Road, all properties south of the CVS store at US 192, to
Edgewood Drive, have an Office/Professional Future Land Use.
The C-1A zoning district is permitted in the Office/Professional Future Land Use
classification. The C-1A zoning classification is intended to apply to an area:
“…adjacent to major streets and convenient and complementary to major
commercial, industrial and/or transportation facilities. The types of uses
permitted and other restrictions are intended to provide an amenable
environment for the development of professional offices and services separate
from the intensive development of commercial and industrial facilities.”
The proposed zoning change is consistent with the FLUM, policies in the FLUE, and
other elements of the Comprehensive Plan.
Joint Planning Agreement (JPA)
The subject property is not located within Joint Planning Agreement area.
Page 10 of 20
CITY OF MELBOURNE
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Concurrency/Mobility
The subject property is located on the west side of Babcock Street in Mobility District
C (South Babcock Street area). A mobility determination will be completed when a
site plan is submitted for the subject property.
The City’s Ten-Year Water Supply Facilities Work Plan indicates that adequate
potable water is available to serve the subject site. Sanitary sewer service is also
available from the City.
School Concurrency
This request does not propose a residential use and does not advocate the
construction of additional residential units. Accordingly, the proposal does not
impact area schools.
Mr. Corwin referenced the findings contained in the Planning and Zoning Board
agenda memorandum.
Recommendation
Based upon the findings contained in the Planning and Zoning Board agenda
memorandum, for three lots with a total of 0.72± acres, zoned R-1AA, located on the
west side of Babcock Street, south of Edgewood Drive, the Community
Development Department recommends:
Approval of Z-2017-1253, changing the Zoning from R-1AA to C-1A, subject to the
following condition:
 Any change of use from residential to non-residential use shall require Informal
Site Plan review and approval, in conformance with City Code.
Laura Pheiffer, 10 Vida Way, advised that she hopes to sell her property to a doctor
or lawyer and her neighbors wish to rezone their property as well.
Mr. King opened the public hearing;
Ollie Johnson, 2514 Ruffner Road, Melbourne, 32901, stated he is within 500 feet
of the request. This is an old neighborhood dating back to the 1950s. He voiced his
opposition due to the fact that the entrance to the properties are on residential roads
and not on Babcock Street. He believes the rezoning, if approved, will increase
traffic in his neighborhood. These neighborhood roads are not meant to handle
commercial traffic. He referred to a traffic study completed by the County
Page 11 of 20
CITY OF MELBOURNE
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MAY 18, 2017 ♦ 6:30 P.M.
approximately 18 years ago, which included a recommendation for a median in the
middle of Babcock Street. This action would encourage more traffic to cut through
his neighborhood. He said the City has submitted a request for a traffic study along
Babcock Street and he suggested postponing the rezoning request until the study is
complete. He pointed out that the property has a “For Sale” sign advertising the
property for a potential commercial use and felt this was inappropriate as the
property is not currently zoned for commercial.
Cathleen Cummings, 16 Vida Way, stated she didn’t have a strong objection to the
request but did have reservations consistent with the previous speaker about traffic.
The two lots adjoining each other could be combined, creating the opportunity for a
larger business. Her issues with traffic relate to Babcock Street, especially during
rush hour traffic. She inquired about the possibility of extending Edgewood Drive,
which would allow a connection to Dairy Road. She noted that people are already
using their small neighborhood as a shortcut to get around traffic. She commented
that Melbourne needs to do something about the traffic on Babcock Street,
especially if FIT continues to grow.
Mike Barton, 11 Rosevere Way, objected to the previous comments made regarding
vehicles using Vida Way or Rosevere Way. While the traffic on Babcock Street is
horrible, he doesn’t see traffic cutting through. He said he hopes to open a daycare
for Veterans and this is his reason for requesting a rezoning.
There being no further public comment, the public hearing was closed and
discussion was brought back to the Board.
Mr. Laird questioned the possibility of the two lots being joined.
Mr. Corwin advised that this would be an option.
Mrs. Dean stated that should the lots be joined, there would be greater setbacks,
especially with any increase in height; therefore it would be difficult to develop
something too intensive, even with the two lots.
Mr. Laird inquired about the traffic on Babcock Street.
Mr. Corwin confirmed that a study was completed 18 years ago. The study looked
at the entire length of Babcock Street. There was limited funding at that time and
specific improvements were identified. He indicated that one improvement that was
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CITY OF MELBOURNE
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MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
completed was the intersection at US 192 and Babcock Street. Other improvements
are now planned further south that include roadway widening in the Palm Bay area.
He mentioned that the City has put in a request to the Space Coast TPO for a
feasibility study to look at safety and congestion issues on Babcock Street.
Mr. Coruzzi said he understands the traffic issues on Babcock Street, but he does
not believe approval of this request will have a major impact on the traffic situation.
Moved by Coruzzi/Trauger to recommend approval of Z-2017-1253 based upon the
findings and condition contained in the Planning and Zoning Board agenda
memorandum dated May 18, 2017.
Motion carried unanimously.
6.
Conditional Use Request (CU-2016-17) with Site Plan Approval Request (SP2016-17) Waterline Marina
(Action was taken to postpone this request to the June 1, 2017 Planning and Zoning
Board meeting after Item No. 3.)
7.
Finding of Consistency (FOC-2017-01), and Zoning Amendment *Text
Amendment* (Z-2017-1254AD) Text Corrections
Mr. Higgins explained to the Board that staff is proposing to amend several sections
of the Zoning Code. The Zoning Code amendments presented will be consistent
with the City’s Comprehensive Plan as identified in the findings of this report.
The proposed changes within Appendix B, Zoning Code, include the following:
 GENERALLY: There are several sections in the Zoning Code that refer to
other Code sections, however those referenced sections have changed.
 DEFINITIONS: Community Residential Homes. State statutes define residents
of a community residential home who are clients of specific licensing entities.
The proposed changes to the definitions coincide with state statute definitions.
Lot and Shelter include code references that must be updated to the correct
sections cited.
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CITY OF MELBOURNE
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Recovery home/halfway house should not exclude facilities licensed by the
Department of Children & Families, per Florida Statutes. Substance abuse service
providers require licensing through the Department of Children & Families.
 MIS-SPELLING: There is a small fix to a misspelled word in the building
setback encroachment section of the Zoning Code. Currently the word is
spelled PLASTER. The word is meant to be PILASTER. Pilaster is an
architectural feature that imitates a pier, usually as a wall projection, but are not
supporting structures.
 TABLE OF USES: The table of uses in residential and nonresidential zoning
districts identify certain uses that must follow specific development
requirements. This ordinance adds an asterisk to those uses that must be
identified in Code with specific development standards to follow. Additionally,
there are a few Code references that need to be updated in order to correspond
with the correct section of Code.
 TABLE FOOTNOTES: At the end of the dimensional table for nonresidential
districts there are footnotes to specific dimensional standards. The footnotes
must be updated in order to correspond with the correct dimensional standard.
Also a footnote had inadvertently been omitted.
 MISSING WORDS: Clarification is made within the Eau Gallie art overlay zone
regulations that non-academic instruction schools with ten students or less is a
permitted use. And non-academic instruction schools with 11 students or more
is a conditional use permissible by the City Council
 DEVELOPMENT PLAN CLARIFICATION: Clarification is necessary to require
that plans submitted for City approval must be in accordance with the City
Code, which references the Florida Building Code. Furthermore, that
development of property based on plans approved by the City must be
constructed consistent with those plans.
 PLAN SUBMITTAL TIMING: Creating consistency for filing a final
development plan within Planned Unit Development zoning districts, consistent
with the three years from the approved preliminary plat or preliminary
development plan.
Mr. Higgins referenced the findings contained in the Planning and Zoning Board
agenda memorandum.
Page 14 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Recommendation
Based upon the findings contained in the Planning and Zoning Board agenda
memorandum, for the changes identified in the attached ordinance for Appendix B,
Article II, Definitions; Article III, Establishment of Zoning Map and Districts, Article
IV, General District Requirements, Article V, District Regulations; Article VI, Use
Standards; Article VII, Accessory and Temporary Uses and Structures; and Article
IX, Zoning Applications, the Community Development Department recommends:
A.
Approval of FOC-2017-01, a Finding of Consistency for the above-referenced
code amendments; and
B.
Approval of Z-2017-1254AD, amending City Code to reflect the amendments
identified in the attached draft ordinance.
Mr. King opened the public hearing; there being no public comment, the public hearing was
closed and discussion was brought back to the Board.
Moved by Trauger/Laird to recommend approval of FOC-2017-01 based upon the
findings contained in the Planning and Zoning Board agenda memorandum dated
May 18, 2017.
Motion carried unanimously.
Moved by Trauger/Laird to recommend approval of Z-2017-1254AD based upon the
findings contained in the Planning and Zoning Board agenda memorandum dated
May 18, 2017.
Motion carried unanimously.
8.
Finding of Consistency (FOC-2017-02), Zoning Amendment *Text
Amendment* (Z-2017-1255AD), Land Development Regulation (LDR-2017-01)
Non-Substantial Text Changes
Mr. Higgins explained to the Board that staff is proposing to amend two sections of
the Zoning Code and three sections of the Land Development Code.
These
changes are not new in content, but are necessary to clarify various categories of
uses.
Summary of Changes
Following are the proposed changes to the Zoning Code (Appendix B):
Page 15 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Appendix B, Article III:
Table identifying uses permitted within the individual future
land use categories.
Appendix B, Article V:
TABLE 2B - Front Setback for C-1A. Currently the
minimum front building setback is 25 feet. All other nonresidential zoning districts allow a minimum 20-foot
setback (except for Commercial Parkway, which has
greater setbacks and right-of-way landscaping). The
proposed change would allow a minimum 20 foot front
building setback for properties zoned C-1A.
Appendix B, Article V:
Section 2(H) PUD STANDARDS TABLE. In 2011, City
Code was changed by increasing the maximum height of
buildings to allow for 12-foot ceilings.
The base
development standards table for Planned Unit
Development (PUD) districts was unintentionally omitted
from that update and still references ceiling heights at 10foot. The proposed change would allow the maximum
building height for homes built in a PUD subdivision to
have the same height allowances for any other residential
zoning district.
Following are the proposed changes to the Land Development Code:
Appendix D, Chapter 8: Subdivision Code, Definition of PRM: Florida Statutes
was amended to allow alternative types of permanent
reference monuments (PRMs). Currently, City Code does
not extend that same flexibility; this means that an
applicant must apply for a subdivision variance to use
alternative PRMs. The proposed change would allow for
the same flexibility allowed by Florida Statutes.
Appendix D, Chapter 8: Subdivision Code, section reference correction. There
is a section in the subdivision code that refers to another
section in Code regarding sidewalks; however, that
referenced section has changed. This ordinance fixes that
inaccuracy.
Appendix D, Chapter 9: Article III – Walls and Fences. City Code currently does
not identify vinyl as a type of permitted opaque fence. Vinyl
fences are commonplace with modern development and
Page 16 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
staff has interpreted this section of code to permit vinyl as
a material that is opaque. The proposed change would
codify the allowance of vinyl as an option for opaque
fencing.
May versus Shall. Within the fence section of Code, the
word shall replaces the word may regarding nonresidential
screening requirements abutting residential property. It is
mandatory to require a non-residential use to screen any
abutting residential property and the section of code was
supposed to state that there are options to the screening
type. The word may was inappropriately placed, which
changed the intent of the screening requirement. The
proposed change will clarify the requirement of screening.
Appendix D, Chapter 9: Article V – Off-Street Parking and Loading; Parking
Lot in a Residential District. When a parking lot is
proposed on a residential property, the parking lot has
screening and landscaping requirements; however, City
Code does not clearly specify the location of the screening
and landscaping. The proposed change would specify
where the applicant needs to install required screening
and landscaping to effectively buffer the parking lot from
adjacent streets and property.
Mr. Higgins referenced the findings contained in the Planning and Zoning Board
agenda memorandum.
Recommendation
Based upon the findings contained in the Planning and Zoning Board agenda
memorandum, regarding the adoption and enactment of the amendments to City
Code, Part III, Land Development Regulations, consisting of Appendix B and
Appendix D, the Community Development Department recommends:
A.
Approval of Finding of Consistency (FOC-2017-02);
B.
Approval of Zoning Code Text Amendment (Z-2017-1255AD); and
C.
Approval of Land Development Regulations Text Amendment (LDR-201701).
Page 17 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Mr. Coruzzi referred to Page 2 of the draft ordinance under the allowable zoning
districts, noting there appeared to be a change under the Office/Professional land
use, which he did not see referenced in the text.
Mr. Higgins stated that currently Office/Professional is a land use category and in
the current Code, only two zoning districts are identified, C-1A and R-P. The City
has properties that are currently developed residential but have an
Office/Professional land use with a single-family residential zoning; by the current
Code this is inconsistent. The proposed change would allow the single-family use
to remain if desired.
Mrs. Dean elaborated that the inconsistent land use and zoning made the singlefamily homes non-conforming, which means the homes could not be rebuilt if they
were destroyed/demolished. The proposed change will allow the opportunity to
rebuild a single-family home.
Mr. Coruzzi feels staff may be putting the cart before the horse; if a property has an
Office/Professional land use then a residential use is not compatible.
Mrs. Dean referred to the Residential Professional (R-P) zoning, a property owner
with R-P can still build a single-family residence.
The idea behind the
Office/Professional land use is to allow a transition from a major arterial roadway to
residential development. The intent is to provide more consistency with code.
Mr. Coruzzi asked why the City couldn’t apply the R-P zoning versus the C-1A
zoning.
Mrs. Dean noted that the R-P zoning is already permitted within the
Office/Professional land use.
Mr. Coruzzi sought confirmation that the R-P zoning would still make the singlefamily residence non-conforming.
Mrs. Crockett explained that R-P zoning is permitted within the Office/Professional
land use; therefore, if a home is currently zoned R-P and is destroyed, that home
can be rebuilt without rezoning in order to comply. If that home is currently zoned
R-1A with an Office/Professional land use and is destroyed, that home cannot be
rebuilt and rezoning would be required.
Page 18 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
Mr. Coruzzi said he understand staff’s intent; however be believes there could be a
better approach. He asked how many single-family residences are currently in this
situation.
Mrs. Dean indicated staff would have to research that information. She is aware of
this pattern of development on Sarno Road, Eau Gallie Boulevard, Dairy Road,
Babcock Street, Airport Boulevard, and Hibiscus Boulevard.
Mr. Coruzzi suggested that rezoning all of the residential lots to R-P would be a
better approach and would maintain the integrity of the Office/Professional land use.
Mr. Higgins explained that the intent is not to require anyone to rezone at this time.
The amendment will eliminate existing non-conformities and create consistency
within the Code and the Comprehensive Plan.
Mr. King opened the public hearing; there being no public comment, the public
hearing was closed and discussion was brought back to the Board.
Moved by Laird/Trauger to recommend approval of FOC-2017-02 based upon the
findings contained in the Planning and Zoning Board agenda memorandum dated
May 18, 2017.
Motion carried unanimously.
Moved by Laird/Trauger to recommend approval of Z-2017-1255AD based upon the
findings contained in the Planning and Zoning Board agenda memorandum dated
May 18, 2017.
Motion carried unanimously.
Moved by Laird/Trauger to recommend approval of LDR-2017-01 based upon the
findings contained in the Planning and Zoning Board agenda memorandum dated
May 18, 2017.
Motion carried unanimously.
9.
Public Comment
None.
Page 19 of 20
CITY OF MELBOURNE
MINUTES OF THE REGULAR MEETING OF THE
LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD
MELBOURNE CITY HALL COUNCIL CHAMBER
MAY 18, 2017 ♦ 6:30 P.M.
10. Future/Additional Business
Mrs. Dean provided the Board with a summary of the preliminary business items.
11. Adjournment
There being no further business, the meeting was adjourned at 7:39 p.m.
Cheryl Dean, AICP
Planning Manager
Approved by the Planning and Zoning Board:
Page 20 of 20