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Here’s The Scoop…Master Plan Steering Commmittee/Planning & Zoning Meeting 1/26/09…

AND THEY’RE OFF….TO THE RACES….

MPSC -P&Z MEETING 6;30pm….JARVIS HALL…televised/online…after the Special Meeting called for Decorum…at 5pm (previous post)…

PUBLIC WELCOME….

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THE AGENDA

I – ROLL CALL

II – APPROVAL OF MINUTES

III – OLDBUSINESS

1.- EL MAR DRIVE PROJECT

a.-  Lighting- Mayor Minnet

b.- Sandra Booth proposal

c.- Grants

d.- General Discussion (public invited)

2.- SIGNAGE FOR PAVILION

IV- NEW BUSINESS

1.- The Overlay District (MPSC & P & Z)

a. Town Memo- per questions to Overlay Districts…(see below)

V- PUBLIC COMMENTS

VI- ADJOURNMENT

…………………………………………………………………………………

MEMORANDUM…

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Better late than never…….

From the Town Manager….

‘Following please find the answers to the questions posted on your October 25,2008 letter regarding possible changes in the Overlay Districts discussed at a joint session held on 10/21/08 by the Master Plan Steering Committee and the Planning and Zoning Board:

1. Is habitation on the first floor possible in buildings located east of El Mar Drive?

ATTORNEY RESPONSE: I think the answer to this question is dependent upon federal/and or state (the Florida Building Code) law, rather than Town Ordinance. I think the answer to the question is “no”, but perhaps Development Services knows the answer for sure? STAFF RESPONSE: Habitable first floors are possible in buildings located east of El Mar Drive. All habitable structures shall be elevated at or above an elevation which places the lowest horizontal structural member above the 100-year storm elevation as determined by the Florida DEP in the report titled “One-Hundred-Year Storm Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line” That would be 19.1 ft above the mean sea level per the Stae DEP. As  a reference the crown of the road on El Mar Drive might be between 10 and 13 ft. above the mean sea level.

2. Referendums were held in 1998 and 2006. Can the Town Commission in the future change by ordinance or must we change by referendum?

ATTORNEY RESPONSE: If I understand this question correctly ( if they are asking whether the Charter can be changed by simple ordinance, without the need for a referendum), the answer would be “no”.

3. Are setbacks and height limits stated by actual working in the 1998 and 2006 referendums?

ATTORNEY RESPONSE: I think the 1998 referendum was based upon an Ordinance that contained the precise wording of the proposed Charter changes. The 2006 referendum was based upon a citizen petition and after approval in referendum, the Town Attorney drafted the actual charter revisions. In any event, I believe the current wording of the Charter is consistent with both referenda.

4. When the Overlay Districts were recently removed did we go back to 33 foot height limit etc?

ATTORNEY RESPONSE: While the Charter potentially allows a greater height, I believe that, after the repeal of the Overlay Districts, there are not currently any zoning districts which provide for the construction of a new building in excess of 33 feet.

5. Can we use beach easements as green space and or for density of building?

ATTORNEY RESPONSE: I would generally defer to Development Services in terms of whether beach easement areas may be considered for open space requirements and/or for density calculations. TOWN PLANNER: We would need a little more information to give a site specific answer but in most cases that answer would be No. If you are asking if green area in a PUBLIC ROW (assuming the beach access is public) can be used to help sites green space requirements, I would say No. But, if you are asking about green space in a dedicated public access easement that is part of the overall site where the building will be located, then I would say Yes. STAFF RESPONSE: As per 30-481 (b) (1) Pervious area for beach front properties can only be calculated within the platted lot lines. Not that portion that they have riparian rights to. To the best of my knowledge, there is no statute or Town ordinance that prohibits the use of the beach area, within the plotted lot lines, for calculations of density. The portion of the beach that may have riparian rights to may not be used to calculate density.http://en.wikipedia.org/wiki/Riparian_water_rights

http://www.dep.state.fl.us/beaches/publications/tech-rpt.htm

6. Can we require a district to be termed hospitality only?

ATTORNEY RESPONSE: We have the legal ability to limit permitted uses in  a particular district solely to “hospitality” uses. However, such a limitation may be alleged to inordinately burden the rights of landowners within such a district, and may form the basis of a claim for compensation under the Bert J. Harris Jr. Private Property Owners Protection Act.http://www.florida-eminent-domain.com/private-property-act.html

7. We would also like a comparison of Land Use Codes from 1972 and 1998.

STAFF RESPONSE: Need to prepare RFP to hire a consultant if Commission want to proceed with comparison.

BC…What an unfortunate … sub-standard……and  unnecessarily late response to these committees…If the Town Attorney was answering the Town Manager or Staff by phone or in person…they did not do his reputation any favors by making it appear as such… …the response from him should have been research in print…YIKES…

more to come …after the meeting…

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