Board of Adjustment AGENDA. April 25, :00 P.M. City Council Chambers

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1 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Andrea Young Barbara Smith Planning & Economic Development Dept. Christy Fischer, Planning Director City Hall 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) Board of Adjustment AGENDA April 25, :00 P.M. City Council Chambers All persons who desire to speak on any public hearing item must fill out an oath card, sign the card, and submit the card to one of the City Planners. Speakers will be heard in the order received by the Chairman. The applicant may make a brief rebuttal if necessary. Anyone who speaks is considered a witness. If you have photographs, sketches, or other documents, you must provide 9 copies for distribution to the Board Members. These items will be retained by the Board Members, City Attorney and City Staff. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. MINUTES Board of Adjustment Meeting Minutes of July 26, PUBLIC HEARING(S) A. West Melbourne Interchange Center Conditional Use Permit Request (CUP ) A request for conditional use approval of a planned commercial development on acres. The planned commercial development is only for the infrastructure improvements including water, sewer, stormwater management, access and internal circulation for a future multi-tenant retail center known as West Melbourne Interchange Center in the Low Density Commercial Zoning District/Interchange Commercial Overlay (C-1/ICO). Tenants have not been secured yet for the site and revisions to the conditional use permit will be needed as tenants are proposed. Applicant: Location: Benchmark Melbourne 35 Associates, LP. East Side of I-95, north of Palm Bay Road, west of Wal-mart B. Hammock Landing Phase 2 Planned Commercial Development - Conditional Use Permit Request (CUP ) - POSTPONE A request to postpone the Planned Commercial development in the Commercial Parkway Zoning District/Interchange Commercial Overlay (C-P/ICO) to May 23, Applicant: Location: CBL & Associates Management, Inc. East Side of Norfolk Parkway, west of I-95, north of the Target store

2 Board of Adjustment Meeting 4/25/2013 Page 2 C. Cell Tower at Hammock Landing Phase 2 Conditional Use Permit Request (CUP ) A request for conditional use approval for communication facilities as provided in Section (6) of the Code of Ordinances to allow a 170 monopole communication tower and facilities in the C-P, (Commercial Parkway District) with the ICO (Interchange Commercial Overlay) on a 2750 sq. ft. lease area. This area is part of Hammock Landing s Phase 2 of its development plan. Applicant: Location: Capital Telecom Acquisition, LLC East Side of Norfolk Parkway, west of I-95, north of the Target store D. Capital Telecom at Hammock Landing Phase 2 Variance Request (VAR ) A request for a variance as provided in Section of the Code of Ordinances from Section setbacks and separation distances for communication facilities. This area is part of Hammock Landing s Phase 2 of its development plan. Applicant: Location: Capital Telecom East Side of Norfolk Parkway, west of I-95, north of the Target store 6. REPORTS 1. Planning Director 2. Board Members 7. ADJOURN All persons wishing to be heard should appear in person at these hearings or send written comments to the City Clerk. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with American with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City s ADA coordinator at (321) at least 48 hours in advance of this meeting.

3 MAYOR Hal J. Rose DEPUTY MAYOR Stephany Eley COUNCIL MEMBERS Pat Bentley Michael J. Hazlett Bill Mettrick John Coach Tice Andrea Young Planning & Growth Management Department Christy Fischer, Planning Director City Hall 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) Board of Adjustment MINUTES July 26, :00 P.M. 1. CALL TO ORDER Chairman Beckner called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. 2. ROLL CALL Present: Chair Rob Beckner, Vice-Chair Bob Willmarth, and Board Members Larry French, Steve Hinson, Catherine Ziebell, David Buroker and Damian Wilson. Also present: Planning Director Christy Fischer, Planner Denise Curry, City Clerk Cynthia Hanscom, and other members of the public. 3. MINUTES Board Member Wilson moved to approve the Board of Adjustment minutes of February 23, Board Member Ziebell seconded the motion, which passed with a 7-0 vote. 4. PUBLIC HEARING(S) Hammock Landing Phase 2 Conditional Use Permit Request (CUP ) A request for conditional use approval of a proposed 5-acre Gander Mountain retail store and internal circulation of the 28 acre Phase 2 of Hammock Landing in the Commercial Parkway Zoning District/Interchange Commercial Overlay (C-P/ICO). Applicant: Location: CBL & Associates Management, Inc. East Side of Norfolk Parkway, north of the Target store Chairman Beckner read the memo regarding the public user fee and asked the board members if they had any questions. Seeing none, he opened the public hearing.

4 Board of Adjustment Minutes 07/26/2012 Page 2 Planner Curry presented the staff report. She explained that the size of the property dictates whether a project needs conditional use approval and that it is an additional layer of review to ensure compatibility with surrounding uses. She also explained the ICO requirements and presented the architectural renderings. She stated that the site meets the conditional use criteria and the planned commercial development criteria. She added that since this property was included in the Hammock Landing DRI many issues concerned with the conditional use review had already been addressed. She concluded with the staff recommendation to approve the conditional use for Gander Mountain and the roads for Phase 2 of Hammock Landing based on the analysis in the staff report with the following 2 conditions: 1. Construct the interconnection to Phase 1 (Target and Ross) prior to opening; 2. Install either 6 foot shrubs along the edge of the parking lot to the rear of the building or install a temporary wall like buffer during the holidays to handle the additional merchandise waiting inside storage. Chairman Beckner asked since Phase 2 is 28 acres and there is room for more development would other commercial developments over three acres be required to apply for conditional use. Planning Director Fischer confirmed. Board Member Ziebell asked for clarification on the road construction. Planning Director Fischer explained the road construction would be for the interconnection of Phase 1 and Phase 2. Board Member Hinson asked if there would be a need for a stop light at the entrance off of Norfolk Parkway. Planning Director Fischer explained that the development order for the DRI did contain provisions for a stop light at that location if warranted. She added that one of the requirements of the development order is at 90% build-out, the developer would provide the City with a traffic study which could help determine whether a traffic light is needed. Board Member Ziebell expressed her opinion that the roadway in that area is dangerous, and commented that 10 foot wide parking spaces would not be big enough for trucks. Board Member Beckner asked about signage and whether there would be boat sales. Planning Director Fischer stated that the signage would be consistent with Phase 1 and if there were any outdoor sales areas they would have to show how they would meet the regulations but there has been no indication from the applicant on outdoor sales. There was some discussion on the size of the building. Chairman Beckner closed the public hearing. Moved by Vice Chair Willmarth, seconded by Chairman Beckner to approve the conditional use for Gander Mountain and the roads for Phase 2 of Hammock Landing based on the analysis in the staff report with the following 2 conditions: 1. Construct the interconnection to Phase 1 (Target and Ross) prior to opening;

5 Board of Adjustment Minutes 07/26/2012 Page 3 2. Install either 6 foot shrubs along the edge of the parking lot to the rear of the building or install a temporary wall like buffer during the holidays to handle the additional merchandise waiting inside storage. Motion Passed, REPORTS 1. Planning Director Planning Director Fischer reported that there has been an upswing in development. 2. Board Members Vice Chairman Willmarth submitted his resignation effective November 5, ADJOURN There being no further business, the meeting was adjourned at 7:45 p.m. Rob Beckner, Chair Denise Curry, Planner

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