April 10, 2007 - City of Melbourne, Florida

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CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL APRIL 10, 2007 Jake Wise, applicant, explained that this project was approved through City Council with a plat and multiple site plans. It includes commercial frontage, over 1,000 linear feet, along Eau Gallie Boulevard and 204 residential units behind it. Through the master planning process, they split up with multiple property owners the commercial portion into three main lots with a parent tract. They master planned the entire development identifying one single entrance onto Eau Gallie Boulevard. This was done so seven to 10 lots would not be seeking a driveway connection and access to Eau Gallie Boulevard. The master plan provides for shared parking, landscaping, site lighting, irrigation, common architecture, etc. Continuing, Mr. Wise said this is located on a scenic corridor. His personal office is on this property. They purchased and built on this property without realizing they do not meet City Code requirements with respect to lot size. Mr. Wise stated that they would like to continue to operate the entire site as it has been master planned with limited access onto the public right-of-way. Michael Brutz, 2351 West Eau Gallie Boulevard, and Scott Krasny, representing Halifax Properties, LLC, were present and available for questions. Mayor Goode closed the public hearing. There were no disclosures by Council. Moved by Palmer/Corby for approval of the subdivision variance based on the findings and conditions contained in the Planning and Zoning Board memorandum. Mrs. Palmer stated that she doesn’t like the way this happened; however, it is an attractive development, it has added to that corridor, and she appreciates the limited access. The question was called. Motion carried unanimously. The next three items were considered together: 25. ORDINANCE NO. 2007-22 (ANNEXATION AREA A): (First Reading/Public Hearing) An ordinance calling for a special election for an annexation referendum, as authorized by Special Act, for property located north and south of Aurora Road, east of Wickham Road and west of Croton Road. 26. ORDINANCE NO. 2007-23 (ANNEXATION AREA B): (First Reading/Public Hearing) An ordinance calling for a special election for an annexation referendum, as authorized by Special Act, for property located north and south of Aurora Road, east of Wickham Road and west of Croton Road. 27. ORDINANCE NO. 2007-24 (ANNEXATION AREA C): (First Reading/Public Hearing) An ordinance calling for a special election for an annexation referendum, as authorized by Chapter 171, Florida Statutes, for property located north of Aurora Road on Helen Street, Lewis Street, Thomas Drive and Linda Lane. Page 28 of 35
CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL APRIL 10, 2007 Attorney Gougelman read each ordinance by title. Mayor Goode opened the public hearing. Ronald Fashano, 521 Palmetto Drive, representing Fishy’s Pub, Inc., stated that he is here regarding Ordinance No. 2007-23. He stated that his business is governed by the County’s rules and regulations with regard to hours of sale of alcohol. He operates a pub and if he were under City jurisdiction, he would lose 72 hours per month in operation. This would impact his income as well as the income of his employees. Mr. Fashano asked Council to deny the ordinance. He commented that since he purchased the business, he has eliminated undesirables and has made visual improvements to the property. Mrs. Corby asked Mr. Fashano to breakdown the 72 hours of lost time. Mr. Fashano said that in the City he could not open until 9:00 a.m. and on Sundays, he could not open until 1:00 p.m. In the County he can open at 7:00 a.m. seven days a week. Mrs. Dittmer clarified that City regulations allow the sale of alcoholic beverages to begin at 7:00 a.m. She confirmed that it is restricted until 1:00 p.m. on Sundays. Mrs. Corby pointed out that Mr. Fashano would lose six hours per week. Mr. Fashano replied that he stands corrected. Mayor Goode said that he has received a lot of complaints about the 1:00 p.m. Sunday restriction in Melbourne. Regarding the ordinance, he explained to Mr. Fashano that this simply calls for an election; people in the neighborhood will decide whether to annex. Following a brief discussion, Attorney Gougelman said that if the property is annexed, the City could not take away the use; however, the business would be subject to City of Melbourne regulations regarding hours of sale of alcoholic beverages. Council could propose a change in hours; however, it would have to apply City-wide rather than to an individual property owner. Mr. LaRusso added that we were petitioned by residents in the area. The City Manager clarified that the City asked the Legislature to grant the City of Melbourne special dispensation to hold an election because more than 70% of the land is owned by property owners that are not registered voters. This does not satisfy the State Statute requirements to conduct a typical mail ballot annexation referendum. The enclave area has been a difficult area to provide City/County services. Legislative authority to conduct an election will expire in December 2007. In the meantime, staff took the time to have additional conversations with the residents; two neighborhood meetings have been conducted. Staff has advanced the idea that people in these areas have a chance to vote and make a determination. Kipp Cooper, 1282 Bluff Avenue, Palm Bay, stated that he owns the property where Mr. Fashano’s business is located. He added that he also owns the Happy Acre Mobile Home Park. Mr. Cooper said that one of the reasons he purchased property in the County is because of coverage from the Sheriff’s Department. He added that the City’s Planning Page 29 of 35
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April 10, 2007 - City of Melbourne, Florida

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