AGENDA. Planning and Zoning Board Regular Meeting at 7:00 PM. Meeting Date: Tuesday, September 5, PDF Free Download

Chair David Campbell Member Kurt Belsten Member April Evans Member Douglas Hilmes Member Paul Rumbley Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek Interim Town Manager Elizabeth Mascaro Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O Gorman Town Attorney Cliff Repperger, Jr. AGENDA The Planning & Zoning Board will conduct a Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below. Meeting Date: Tuesday, September 5, 2017 Meeting Location: Community Center 509 Ocean Ave. Notice: Board discussion and possible action may occur during any Board Meeting. The following sections of the Agenda are always subject to such discussion and possible action without further motion by the Commission: Public Hearings, Old Business, and New Business. The public is advised that members of the Town Commission may be in attendance and participate in proceedings of the board. Attorney General Opinions (AGO) AGO 91-95, AGO 98-14, AGO 2000-68. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: In order to appeal any decision made at this meeting, you will need a verbatim transcript of the proceedings. It will be your responsibility to ensure such a record is made. Such person must provide a method for recording the proceedings verbatim as the Town does not do so. In accordance with the Americans with Disability Act and Section 286.26, Florida Statutes, persons needing special accommodations for this meeting shall, at least 5 days prior to the meeting, contact the Office of the Town Clerk at (321) 724-5860 or Florida Relay System at 711.

I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES A. June 6, 2017 Planning and Zoning Board minutes B. August 1, 2017 Planning and Zoning Board minutes IV. NEW BUSINESS A. Site Plan Review for 427 Riverview, Melbourne Beach, FL B. Site Plan Review for 508 Sunset, Melbourne Beach, FL V. OLD BUSINESS A. Discuss LDC report prepared by Town Planner O Gorman B. Discuss a rainwater management plan to address fill height standards. Recommendations from the Town Planner regarding minor grading/minor fill and lot coverage/accessory structure size, are not yet available. VI. PUBLIC COMMENT (Please limit comments to items that are not on the agenda) VII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS IX. ADJOURNMENT

Chair David Campbell Member Kurt Belsten not here Member April Evans Member Douglas Hilmes Member Paul Rumbley Alternate Member Daniel Gonzalez Alternate Member/School Board Representative Christian Lindbaek Town Manager Timothy Day Town Clerk Nancy Wilson Building Official Marc Meyers Town Planner Corey O Gorman Town Attorney Cliff Repperger, Jr. MINUTES The Planning & Zoning Board conducted a Planning and Zoning Board Regular Meeting at 7:00 PM To address the item(s) below. Meeting Date: Tuesday, June 6, 2017 Meeting Location: Community Center 509 Ocean Ave.

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 Douglas Hilmes Member April Evans Alternate Member Daniel Gonzalez Staff Present: Town Manager Tim Day Town Clerk Nancy Wilson Town Attorney Clifford Repperger Absent: Member Kurt Belsten Member Paul Rumbley III. APPROVAL OF MINUTES A. April 4, 2017 Planning and Zoning Board Minutes Chairman Campbell noted an error on page 3 of the minutes. Member Evans approved the April 4, 2017 Planning and Zoning Board meeting minutes with change requested by Chairman Campbell; seconded by Member Hilmes. Motion carried 4-0. IV. NEW BUSINESS A. Site Plan Review for 404 Atlantic Street, Melbourne Beach, FL Chairman Campbell said the property meets setbacks, height and lot coverage. Member Evans moved to approve the site plan for 404 Atlantic Street; seconded by Member Hilmes. Motion carried 4-0. B. Site Plan Review for 501 Atlantic Street, Melbourne Beach, FL Chairman Campbell said the Board approved the site plan for this property in November 2016 and it has been to the Board of Adjustment and the Department of Environmental Protection where it has also been approved. Chairman Campbell asked the Town Attorney if it needs to go back to BOA and the answer was no. The Chairman added that the changes don t materially affect the lot coverage and they don t affect the height or the setbacks; it all looks good.

Member Gonzalez moved to approve the site plan for 501 Atlantic Street; Member Evans seconded. Motion carried 4-0. C. Site Plan Review for 419 First Avenue, Melbourne Beach, FL Chairman Campbell said the detached garage meets setbacks which is 15 feet for accessory structures. Member Evans moved to approve the accessory structure site plan for 419 First Avenue; Member Gonzalez seconded. Motion carried 4-0. D. Site Plan Review for 508 Magnolia Avenue, Melbourne Beach, FL Member Evans moved to approve the 68 sq. ft. addition at 508 Magnolia Avenue; seconded by Member Hilmes. Motion carried 4-0. E. Site Plan Review for 901 Riverside Drive, Melbourne Beach, FL Chairman Campbell said the property owners got variances of 5 feet and 10 feet as stated in the Building Official s report and the 2 story garage was included as part of the main residence to get to the 26% lot coverage so the 2682 sq. ft of the main structure includes the main residence and the garage. Setbacks are more than 10 and more than 15 so they have been met. They also meet the foot print and height requirements. Member Evans moved to approve the site plan for 901 Riverside Drive; Member Gonzalez seconded. Motion carried 4-0. V. PUBLIC COMMENT No one indicated a desire to speak. VI. REPORTS: TOWN MANAGER AND TOWN ATTORNEY The Town Manager reminded the Board of the upcoming Joint Workshop to discuss the Land Development Code. Chairman Campbell asked the Town Attorney for the status of the Land Development Code ordinance. Town Attorney Repperger responded that he is awaiting a report from the Town Planner at which point, a final ordinance will be drafted and it will move forward to the Town Commission. The Town Manager said that Mr. O Gorman thought he d be finished with his review and report by mid-june. The Town Attorney was asked by Member Evans why the

reviews by the Planner and Attorney weren t completed during the reviews during the Commission and the Planning & Zoning Board meetings. Mr. Repperger answered that during the meetings that the Commission and Board conducted, they were simply reviews to determine consistency with what you wanted. He added that there was never a directive for the Attorney or Planner to look at the LDC substantively and tell us what it does or if it creates any problems or inconsistencies. That level of review was never done; what was done was a match-up and line-by-line analysis of whether the version you were looking at is what you thought it should be. There was never a formal review process that the Planner went through at least not in the last few years. Chairman Campbell lent some historical perspective to the issue by explaining what previous Planners had done. He said that the whole objective was to make changes to the LDC in order to make it consistent with the Comprehensive Plan. Mr. Repperger said that some of the changes in the LDC go back five years yet there is no explanation as to why they were made; there s no backup. VII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS No items were suggested for future meetings. VIII. ADJOURNMENT Member Evans moved to adjourn; Member Gonzalez seconded. Motion carried 5-0. The meeting adjourned at 7:27 p.m. ATTEST: David Campbell, Chairman Nancy Wilson, Town Clerk

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 Douglas Hilmes Member April Evans Alternate Member Daniel Gonzalez Staff Present: Finance Manager Elizabeth Mascaro Town Clerk Nancy Wilson Town Attorney Clifford Repperger Absent: Member Paul Rumbley III. APPROVAL OF MINUTES A. June 6, 2017 Planning and Zoning Board Minutes Member Evans pointed out an error in the minutes that the Town Clerk acknowledged. Member Evans made a motion to approve the minutes as amended; Member Belsten seconded. Motion carried 5-0. IV. NEW BUSINESS A. Site Plan Review for 511 Hibiscus, Melbourne Beach, FL Member Belsten made a motion to approve and recommend approval by the Town Commission of the site plan for 511 Hibiscus; Member Evans seconded. Motion carried 5-0. V. OLD BUSINESS As discussed at the June 8, 2017 joint meeting with the Town Commission it was requested by the Town Commission that the Planning & Zoning Board address the following issues: A. Determine fill height standards (p. 12 Definitions) Chairman Campbell asked that an email provided by Mayor Simmons be provided to the Board members to aid in addressing this issue:

I talked to Grady Stewart and he offered some other potential solutions. (If you will recall, I had discussed a maximum slope and maximum fill height as potential solutions.) In our discussion, he mentioned - Prohibiting gutters (so that roof water is not funneled to 4 or 5 points, but, is, rather, dispersed around the roof perimeter); Berms on property lines (to ensure water does not flow off the property); Ensuring, via elevation surveys, that water is flowed to a lower point and retained on the property He also offered to work with P&Z to develop options and standards. As I stated in our workshop, I believe we need to have objective standards so that both builders and the building inspector have requirements that they can understand and satisfy. Right now, the only thing that we have, as stated on each site plan, is that the building inspector will approve the water retention measures. I believe this is 1) ineffective and 2) unfair to both the builder and the inspector. The Board discussed options, outlining drawbacks and benefits to each one. Chairman Campbell stated that if soil doesn t percolate, there s not much that can be done about water retention on any given piece of property. Member Belsten said he doesn t see how we can remedy these issues unless we reduce the elevation on fill lots. The Chairman said we could add something under supplemental regulations that makes suggestions about how to keep water on one s own property. These suggestions could include stem walls, retention areas, grading so that water flows to a lower point on the property, or any solution such that the water remains on the property. Member Evans agreed with Chairman Campbell adding that site plans must include how they are going to deal with water and then task the Building Official with following through. Member Belsten thinks the Town should require stem walls over a certain grade. Chairman Campbell said that requirement wouldn t apply to most properties in Melbourne Beach. With a stem wall, there will be a slope in the front of the property which will ultimately end up in the road and run into the stormwater drain. Chairman Campbell wants to add language directing the Building Official to ensure water is flowing the way it should. The Board members agreed to come up with a rainwater management plan at the September meeting. B. Define minor grading and minor fill Town Planner to be engaged (Chapter 4A-238(1))

Chairman Campbell said he s not sure there is a way to define minor grading and minor fill in the coastal high hazard areas. There is language present but it was provided by the state. The Town Clerk will ask the Town Planner about this issue (engaging his services for this item was approved by the Commission at the joint meeting held on June 8, 2017.) C. Address driveways and driveway materials (Chapter 7A-50(7)) The main concern is with marl driveways because the material is transferred to the road where it ultimately runs into the stormwater system. Member Evans asked if it s appropriate for the Town to dictate whether driveways are required and if so, what materials to use. After discussing driveway materials and their degree of perviousness, they concluded that though it would be nice to establish minimum impervious areas on a piece of property, it wouldn t be easy to regulate. D. Address replacement value of buildings and suggest clarified language (Chapter 7A-83) Chairman Campbell asked the Town Attorney if there is anything in the LDC that refers to nonconforming structures and maintenance thereof. Town Attorney Repperger responded that Mayor Simmons most likely applied the 10% value to structures which is what caused the concern; but that value is attributed to use and the 50% value is attributed to structures. This item will be removed from the list because it has been sufficiently addressed. E. Review options for lot coverage and accessory structure size The Town does not have any limitations for accessory structure size but does for sheds. They requested permission from the Commission to allow them to engage the services of the Town Planner for lot coverage and accessory size. F. Consider allowing 75 foot lots and, if allowed, whether they should be restricted to certain zones, and 2) whether the Town should permit, restrict or prohibit the aggregation of existing lots The Boards response was to 1) NOT allow 75 foot lots, and to 2) Permit the aggregation of existing lots

G. Review Service Stations to consider how the Town handles electric charging stations Our Land Development Code does not address electric charging stations and there is nothing in place to prohibit them. The question was if we want to regulate electric charging stations and it was decided to leave this issue alone for the time being. VI. PUBLIC COMMENT No public comments VII. REPORTS: TOWN MANAGER AND TOWN ATTORNEY Town Attorney Repperger met with Town Planner O Gorman regarding the Land Development Code. There were some issues raised that they addressed and a new staff report will be disseminated to the Board and the Commission. The Town Attorney will need to talk to American Publishers to see in what format they want the document for publishing. He also reported that the ordinance will most likely be on October s agenda. Chairman Campbell said the Planning & Zoning Board must see the final document before being presented with the ordinance. The Town Attorney also said he is working on the medical marijuana ordinance for the September meeting. State law says you can prohibit them outright or you can regulate them and if you regulate them it should be the same as how drug stores are regulated. What is currently in the Town s codes is obsolete since new state rules were recently approved. The ordinance should be sufficient to prohibit dispensaries in town. The Town Attorney also reported that the Bed & Breakfast ordinance died at the Town Commission meeting because no motion was made; they don t have any intention of moving the issue forward. The ordinance would have allowed for existing facilities to be converted to a Bed & Breakfast if the building met residential architectural standards. The problem was that the applicant wanted multiple uses to be allowed on the property. He has since filed an appeal to challenge the Town Planner s determination that the property wasn t used as residential in the past. VIII. ITEMS TO BE ADDED TO THE AGENDA FOR FUTURE MEETINGS For September s meeting, the Board will discuss a rainwater management plan to

address fill height standards and discuss recommendations from the Town Planner regarding minor grading/minor fill and lot coverage/accessory structure size. IX. Adjournment Member Belsten moved to adjourn; seconded by Member Evans. Motion carried 5-0. Meeting adjourned at 8:06 p.m. ATTEST: David Campbell, Chairman Nancy Wilson, Town Clerk

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700 US Highway One, Suite C North Palm Beach, FL 33408 561-863-2722 M E M O R A N D U M To: Tim Day, Town Manager From: Corey W. O Gorman, AICP Cliff Repperger, Town Attorney Zoning Official Elizabeth Mascaro, Finance Manager Re: Land Development Code Review Date: June 19, 2017 Revised August 2, 2017 This memorandum reviews the proposed changes to the Town of Melbourne Beach Land Development Code (LDC), for your review and input. This review is limited to the proposed changes, and is intended to identify possible conflicts and issues. This effort also includes review of the proposed changes relative to the Town of Melbourne Beach Comprehensive Plan (Comp Plan). Although this review is as thorough as possible, it may not be all inclusive. In addition, this memorandum includes recommendations for additional review for consistency with the Comp Plan and/or internal to the LDC. This additional review is only applicable if it has not already been completed. Town of Melbourne Beach Comp Plan Regarding the Comp Plan, the Future Land Use Element (FLUE) includes definitions, many of which have been incorporated into the proposed LDC amendments and states that these definitions have been created for use with the Melbourne Beach Comprehensive Plan. The Comp Plan also includes Table 5 which lists permitted uses by land use category and which include changes to proposed allowable uses. In addition, several (FLUE) policies include dates-certain for completion of amendments to the LDC and are as follows: 1

Policy 2.2: Prior to January 1, 2012 review and revise Code of Ordinances, as necessary, to comply with goals, objectives and policies of the Comprehensive Plan as updated in November of 2010. Policy 8.1: Prior to January 1, 2012 review, and analyze, and amend as necessary, ordinances, that prohibit development, that is not consistent with sound engineering practices considering existing topography and soil conditions. Policy 9.1: Prior to January 1, 2012 adopt ordinance, that allow the installation of utility facilities in a manner consistent with surrounding land-uses. Policy 9.2: Prior to January 1, 2012 revise the Code of Ordinances to provide for electrical utility substations to be located in any zoning district within the Town. Include compatibility and buffering standards in the Code of Ordinances to ensure that any adverse impact of the electrical substation is minimized to the greatest extent feasible. Policy 11.1: Prior to January 1, 2012 review, analyze, and amend as determined necessary, the established criteria within the Code of Ordinances that provide standards upon which commercial land-use plan amendments and rezoning requests may be reviewed. The criteria shall be designed to ensure that any proposed future land uses are consistent with the surrounding area and will not encourage further requests for conversions into areas where such land-use would not be deemed appropriate. Review of amendments to the LDC are recommended in consideration of Comp Plan definitions, the policies above and changes to Table 5 to ensure consistency with the Comp Plan if not already done. LDC Amendments Following is the review of proposed LDC amendments beginning with the definitions section of Chapter 1A. 1A Land Development Code 1A-3 Definitions There are defined terms in section 1A-3 which are amended, but which either have very limited use in the code or no use other than in that definition. Examples of such defined terms include: Aquifer; Automotive Repair Facilities; Available Capacity; Average Daily Traffic; Background Traffic; Barrier Island; Buildout Period; Business Structure; Food Truck; Local Road; Mixed Use; Neighborhood Park; Nightclub; Feathered Flag Sign; Significant Project. o Note that some of these definitions appear to be similar or identical to terms defined in the Comp Plan. 2

o It is recommended that defined terms with limited use in the code be evaluated to determine if they should be included in applicable code sections or if they have relevance in the current code and how these definitions implement the Comp Plan, if at all. There are terms such as Consistent, Floor Area and Rendition which are defined in Section 1A, and which are used in other sections of the code. However, as these terms are not capitalized in other code section, it is unclear if their use is as per the definition. o Note that the terms Consistent and Floor Area are also defined in the Comp Plan. o It is recommended that use of these terms be evaluated to determine if their definition is intended to apply where used in the code, and how these definitions implement the Comp Plan, if at all. The definition of Accessory Use or Structure is amended to separate use and structure. The new definition of Accessory Structure includes the provision that accessory structures are not attached to the principal structure by wall or roof. When applied in Section 7A, the term remains accessory uses and structures, not differentiating between use and structure. o Note that the term Accessory Use is also defined in the Comp Plan. o It is recommended that the definition of Accessory Use and Accessory Structure be reviewed in context with the application of Accessory Uses and Structures in the district regulation, in Section 7A-57, and in the Comp Plan, to ensure that there are no conflicts. The definition of Bed and Breakfast Inn is amended from a use (i) consisting of a building(s) designed and used as a single-family detached dwelling; (ii) consisting of a single-family dwelling unit together with rental to include multi-family, either attached or detached, and adds language regarding owner / operator physically resides on the premises. The existing definition goes on to specify that the Bed and Breakfast is not a rooming house, hotel, motel etc., and the definitions of hotel and motel are also being amended. o Note that a privately initiated text amendment for Bed and Breakfast Inn was recently considered by the Town, but not approved. o It is recommended that the current proposed amended definition be reviewed to ensure that it accomplishes the Town s intent in consideration of Hotel and Motel definitions, and recent discussions regarding this type of use if necessary. The code defines Buffer, Open Space and Buffer, Vegetative, however the term used in Section 9A is Landscape Buffer. o Note that the terms Buffer, Open Space and Buffer, Vegetative are defined in the Comp Plan. o It is recommended that these terms be evaluated to determine if a definition of Landscape Buffer is needed, and/or if Open Space and Vegetative Buffer are to be used, and how these definitions implement the Comp Plan if at all. 3

The code adds a definition for change of use, which is to change from the use existing to any other use. In Section 7A, this term is currently applied in 6B and 7C zoning districts for bar/lounge and restaurant special exception uses to determine when a wall must be installed. The revised code applies this requirement which is triggered by a change of use to 4RM, 5RMO, for special exception uses (in general) in 6B and 7C, and in Section 7A-50 for the provision of off-street parking. o Note that Comp Plan Objective 2.0 states that Development as defined by the Comp Plan shall be consistent with all land use compatibility standards included in the Comprehensive Plan and Code of Ordinances. The Comp Plan also defined Development as including a reconstruction, alteration of the size, or material change in the external appearance of a structure on land, and includes a definition for Compatibility. o It is recommended that the term change of use be evaluated to determine if it is intended to apply to a change from the existing use to any other use, or if it intends to apply to changes in the category of use. For instance, if there is a change from one special exception use to another special exception use. It is also recommended that where a change of use includes Development as defined by the LDC, that the related requirements be reviewed for consistency with applicable policies and language in the Comp Plan (for compatibility, etc.). The definition of Dwelling Unit, Single-Family is revised to delete other than a mobile home, and the term Manufactured Home is revised to include formerly Mobile Home and other language defining that structure. o It is recommended that these definition changes be evaluated to determine the intent, and if the allowance of manufactured homes in residential districts is intended. There are separate definitions for Development Order, Final Development Order, and Development Permit. o Note that these terms are defined in the Comp Plan. o It is recommended that these terms be evaluated in context with other code sections to ensure consistency of usage. The definition of Principal Use of Structure is amended to separate use and structure. When applied in Section 7A, the term remains principal uses and structures and does not differentiating between use and structure. o It is recommended that the definition of Principal Use of Structure be reviewed in context with its usage in the district regulation to ensure that there are no conflicts. The definition of Public School is deleted and the definition of School, Other is modified to be inclusive of all types of schools. In 7A for 1-RS, 2-RS and 3-RS districts the use K-12 Schools is added as an allowable use. Current language in LDC Section 7A-40 states that all existing churches, schools., etc., in residential 4

districts are conforming, but no such uses may expand beyond the parcels on which they are located. o It is recommended that definitions for school be reviewed in context with the usage in the district regulations to ensure consistency. The definition of Tree is revised to remove language regarding the trunk diameter, however section 9A requires a permit to remove any tree. o It is recommended that this modified definition and the requirement for a permit be evaluated to determine the intent for obtaining a permit. 2A Comprehensive Plan This section includes minor changes from town to Town, and the addition of language regarding the role of the Local Planning Agency, which is designated as the Planning and Zoning Board. Section 7A-135 through 7A-137 address the establishment of, the proceedings of, and powers and duties of the Planning and Zoning Board. It is recommended that the proposed amendments to Chapter 2A and Chapter 7A (Section 7A-135 through 137) be reviewed for consistency, if it has not already been done. 3A Concurrency This section includes minor changes from town to Town, and changes the term construction to development in section 3A-6. It is recommended that the use of the term development be reviewed to determine if it is referencing the defined term in Section 1A, and if so should it be a capitalized term. 4A Buildings; Flood Protection; Coastal Construction This section includes minor changes from town to Town, and changes minimum wind speeds which serve as a basis for design of structures. It is recommended the proposed wind speeds be verified as to compliance with current building and other codes as appropriate. 5A Coastal Setback Regulations This section includes minor changes from town to Town. It also amends Section 5A- 6 Variances, to include written approval of the State of Florida with the application for a variance, and deletes several required exhibits for the variances. Review of the deleted language is recommended to ensure consistency with Building Code and Comp Plan, if not already done. 5

6A Subdivision This section includes a minor change from town to Town. No recommendations regarding these changes. 7A Zoning Section 7A-31(b), 7A-32(b), 7A-33(b) and 7A-35(b) add allowable uses for Electric Utility Substation and K-12 Schools, however neither use is defined. Also, Section 7A-40 addresses schools. Table 5 of the Comp Plan includes a Permitted Use Description including public and private kindergarten through 12 th grade (K-12) schools meeting standards for property size and location consistent with the Brevard County School District standards, and electric utility substations meeting compatibility standards. As noted above, Policy 9.2 of the Comp Plan requires amendment to the code by January 1, 2012 to provide for electric utility substations in any district subject compatibility standards. o Recommend the addition of these uses be considered in relationship to proposed amendments to definitions for school uses, and evaluation of K-12 allowance relative to section 7A-40 restrictions. o Recommend evaluating consistency of the addition of electric utility substation uses with Comp Plan Table 5 and Policy 9.2. Sections 7A-34(i) and 7A-35(i) modify the language for the required installation of a fence or wall when uses in this district abut single-family use or district. For lots that are developed on or before May 1, 2012 the language requires a fence or wall to be construction when there is a change of use or when the existing site is substantially redeveloped. It is recommended that the term change of use be evaluated to determine if it is intended to apply to a change from any existing use to any other existing use, and how that is intended to relate to the uses allowed under these 4-RM and 5- RMO districts. Section 7A-36(i) and 7A-37(i) modify the language for the requirement to install a fence or wall when abutting residential. For lots developed on or before April 1, 2013 the language requires a fence or wall to be construction when there is a change of use or when the existing site is substantially redeveloped. It is recommended that the term change of use be evaluated to determine if it is intended to apply to a change from the existing use to any other use, and how that is intended to relate to the uses allowed under these 4-RM and 5-RMO districts. 6

Section 7A-38(b) adds Houses of Worship as an allowable use in the 8-B Residential Business district. It is recommended that this addition be reviewed for Comp Plan consistency. Section 7A-38(d) adds personal service establishments, business schools and public recreation uses to the list of allowable special exception uses. It is recommended that this addition be reviewed for Comp Plan consistency. Section 7A-39 revises the intent language for the 9-I Institutional District and adds allowable uses including libraries and special event uses. It is recommended that this addition be reviewed for Comp Plan consistency. Section 7A-50 proposes amendments which appear to consolidate uses which have the same parking requirement. Changes which may affect existing uses include calculation based on gross floor area, and the change for schools 9 th grade and below. It is recommended that the proposed gross floor area calculation and increase for schools are evaluated to determine if they may cause the creation of nonconformities. Section 7A-51 makes several references to the Planning Official, however Section 1A defines the Zoning Official which is the most common usage in the LDC. Recommend revising Planning Official to Zoning Official. Section 7A-51 addresses site plan approval (including site plans which accompany special exception uses) with review by staff and the Planning and Zoning Board, and final approval by the Town Commission. Section 7A-51 adds paragraph (c)(3) for review of site plans by the Board of Adjustment which accompany a special exception application, and differentiates between special exception site plans and special exceptions. In Section 7A-152(c) the Board of Adjustment is granted the power to approve special exceptions in paragraph (1). Paragraph (2) of this section outlines the submittal requirements which includes a site plan similar to the requirements in 7A- 51, along with architectural and other review standards. Review of the proposed language in 7A-51 and 7A-152 is recommended to ensure consistency for the special exception review process and submittal requirements. Section 7A-51(f)(1) adds language for construction to be substantially in accordance with the site plan, and allowing for deviations to be approved by staff with substantial deviations requiring Town Commission approval. Recommend review of the proposed language to ensure consistency with the intent. 7

Section 7A-51(f)(3) adds language regarding the time limitation on validity of the special exception from approval of the special exception with the provision that code changes which occur after special exception approval will be applicable to the new site plan approval. Recommended review of the revised language to ensure that it is consistent with the intent. Section 7A-53(11) includes language regarding sites that do not conform with requirements of the LDC must come into compliance when developed, or when the value of redevelopment is 50% or more of the value of current improvements. It is recommended that this language be reviewed for consistency with referenced code sections and with Article V. Nonconforming Uses. Section 7A-71. Dog Friendly Dining Program is deleted. It is recommended that deletion of this program is reviewed to determine if it prohibits businesses currently operating under this program. Section 7A-85. Nonconforming Characteristics of Use is added. Characteristics of use refer to improvements such as off-street parking, loading and landscaping, and the addition of this language allows that use to continue unless abandoned or terminated or required to be eliminated or brought into conformance by other applicable provisions of this code. It is recommended that this language be reviewed for consistency with other similar LDC provisions. 8

AGENDA. Planning and Zoning Board Regular Meeting at 7:00 PM. Meeting Date: Tuesday, September 5, 2017