MEXICOBEACH  CITY OF MEXICO BEACH PLANNING AND ZONING MEETING PUBLIC WORKS BUILDING MONDAYJANUARYS, 2024AT 6:00 P.M.  Julie Gardner- - Post1 Lee Ellzey - Post 2 Jack Kerigan - Chair- - Post 3  Rock Kries - Post 4 Steve Cox - Post 5 Alternate 1- Open Alternate 2- Open Tammy Brunson, City Clerk  Clint McCahill, City Attorney Chris Hubbard, City Administrator  I. II.  ROLLCALL CONSENT AGENDA 1. Minutes - December 4, 2023  III. Swearing in of] Lee Ellzey and Rock Kries - City Clerk IV. Variance - Gulf View Motel - Allara Mills Gutcher, tpc  a. Open Public Discussion b. Close Public Discussion Discussion  d. Recommendation for Approval or Denial to City Council  V.  Proposed LDC Revision = Adding Lodging Establishments to General Commercial  Zoning District - Allara Mills Gutcher, tpc  a. Open Public Discussion b. Close Public Discussion Discussion  d. Recommendations for Approval or Denial to City Council  VI. MOTIONTO ADJOURN    Emailed to interested parties and posted on the city website on: 01/04/2024  Note: Copies of the Agenda items are posted on the City's Website mexicobeachfl.gov This meeting *You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation at this meeting because of adisability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior to the meeting. If you are hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the Florida Dual Party Relay System, which can be reached at 1-800-955-8770  willl be recorded on the website.  (TDD)    City of Mexico Beach MONDAY, DECEMBER 4, 2023-6:00PM  Planning & Zoning Meeting Minutes  The City of Mexico Beach Planning & Zoning Board met in ar regular meeting on Monday October 2, 2023, at 6:00p pma at the Public' Works Buildingi in Mexico Beach. Board members present were Lee Ellzey, Rock Kries, Julie Gardner, Steve Cox and Chairman Jack Kerigan. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney, Clint  McCahill. I. II.  Call to order: Mr. Kerigan called the meeting to order at 6: 00 pm.  Consent Agenda: Mrs. Gardner motioned, and Mr. Kries seconded to approve the meeting minutes from  October 2, 2023. Motion passed unanimously.  II. Regular Agenda:  1. Development Order for Forgotten Coast Villas was brought to the table. Carly Hanson, with tpc went over the Development Order request and was available for questions. Lance Watson with SCE gave an update on the changes to the project that were request last time they came before the board. Ms. Hanson and Mr. Watson were available for questions. Open public comment 6:04 pm- - No public comments were made. Close public comment 6:04 pm. Concerns were with stormwater drainage issues, maintenance of the grounds and ditches. David McCullough withJ JV Warren Construction explain how the drainage ditches will work once construction starts. Mr. Ellzey motioned, and Mr. Cox seconded to recommend approval oft the Forgotten Coast Villas Development Order. Motion passed unanimously. 2. Proposed LDC revision - Adding lodging establishments to General Commercial Zoning District was brought to the table. Carly Hanson, with tpc explained hotels and motels are not listed as an principal use in general commercial zoning. The 3 hotel/motels in the city are in general commercial. Open public comment 6:21 pm - No public comments were made. Close public comment 6:21 pm. Mr. Kries thinks there should be a way to grandfather in the 3 existing hotel/motels. He thinks moving them into general commercial would allow future hotels to build in residential areas. They are currently allowed in tourist mixed use and tourist commercial which is where they should stay. Mr. Ellzey motioned, and Mr. Kries seconded to table the item to the next meeting to allow staff to look at other options. Motion passed 3. Proposed LDC revision for accessory uses and accessory structures was brought to the table. Carly Hanson, with tpc went over the proposed change to section 2.02.02. Discussion included accessory structure height, sheds, fencing, hazardous materials, Open public comment 6:43 pm - Lisa Logan questioned 16ft structures in residential areas. She would also like to know what is driving these changes. Rusty Wright said do not let the maximum height go to be 241 fti in residential. Close public comment 6:51 pm. Discussion continued with accessory structure height regarding the chapel at the Driftwood Inn and is it possible to extend the Ordinance that allowed rebuildingi in a pre-Michael footprint. Mrs. Gardner motioned, and Mr. Kries seconded to table the item to allow staff to update the changes discussed and take the Ordinance 739 to council for possible extension. Motion passed  unanimously.  unanimously.    City of Mexico Beach MONDAY, DKCIMEER4,03-600-M  Planning & Zoning Meeting Minutes  V.  Adjournment: Mr. Kerigan adjourned the meeting at 6:43 pm.  By:  Attest:  Chair, Jack Kerigan  City Clerk, Tammy Brunson    TPc the planning collaborative Memorandum: for Record  December 29, 2023  To: From: RE:  Mr. Chris Hubbard, City Administrator City of Mexico Beach Allara Mills-Gutcher, AICP  Gulfy View Motel- - Variance Application for Accessory Structure (swing with pergola and  deck)  Project Address: 1404 Hwy 98 (Gulf View Motel) Parcel ID: 04383-000-000 Applicant Contact: Charles Smith (northern half)  Future Land Use Map Designation: General Commercial (southern half) and Residential Low Density  Zoning District: General Commercial  Section 1:Project Description and Variance Request  The applicant is requesting that consideration of a variance be givenf for the Gulf View Motel located at 1404 Hwy 98, a +/-0.345 acre parcel. The variance requesti is to allow foray pergola on a deck witht two swingsto! be constructedwithint thet front cornersetback (see companyngdocumentisubmitedbyte applicant). Due tot the construction of the deck, the structure is considered" permanent'bythe building  department.  The applicant provided the following reason for the variance request:  "Rebuilding previous swing with pergola that was existing before Hurricane Michael prior to the storm. Due to regulations for motelp parking, thisi is the only viable placement that swing can be  placed to: sit and enjoy the view of Gulf for Motelguest."  The following photographs were obtained from historical data sourced from Google Maps:  Page 1of5    OTE  Source: Google 2015 archive  4 MOTEL  Source: Google 2011 archive  Varying information to assist in the determination of the requesti is needed but was not provided (or The proposed setbacks witht the installation of the pergola/swing (Section 7.04.02.B.2) Ifthiss structure willl be installed within an existing dedicated parking space Ifthis structure will exceed the maximum impervious surface allowed Section2.04.01.0) Ifthe structure will be located within any required buffer or landscape area Section2.04.01.B) The dimensions of the accessorystructure (Section 2.04.01.E)  otherwise not legibly provided) byt the applicant. This includes:  Page 2of5    Section 2: RegulatoryF Factors  The primary use of this propertyi is as al lodging establishment. Policy1.1.4.F lists allowable usesw within the General Commercial Future Land Use category, whichi includes those that are also allowable within Pursuanttos Section2.02.01.E6, allowable accessory usesi include: "areas and shedsf foroutside: storage". All otherusesa are prohibited. From al land use planning perspective, this requesti is not consideredause, but a structure which is subordinate and relies upon the primary use. Therefore, the accessory uses Thosef factorsthat are eligible for thei issuance ofav variance include bulkr regulations: such as lot size, floor area ratio, lot coverage, opens space, and building setbacks (Section 7.04.02.C). Therefore, in relation to this request, the only eligible factori in the grantingo ofav variance is the setback insofar as much that the "Setback" is defined in Section 6.01.00 as: The lateral distance between the right-of-way line and the roadside business, building, gasoline pump, curb base, display stand, or other object. The provision of the setback willr resulti ins spaceforvehicles tos stop orpoabetwenswalecliediesondlerohteway line.  the Tourist Commercial category. This includes "lodging".  section of the zoning district allowances does not apply here.  use and structure are otherwise allowable.  The front of the primary structure is considered the portion facing HWY98. Required setbacks for the GeneralCommercial portion of the site are:  Front: Twelve (12) feet Rear: Ten (10) feet Corner: Twelve (12) feet  Side: Ofeet if attachment easement isi inj place, five (5) feet if abutting residentialproperty  "Lot, Corner"is definedinSection: 3.00.04 as: A lot abutting on and at the intersection oftwo/2) ormore No methodology is supplied within the Code to determine the corner setback requirements and how those are met. In addition, within this zoning district, the Codei is silent on side etbackwhentheresnt an attachment easement in place or when the property does not abut' "residential property". Arressonystructure'se defnedinsection204.00 as: "A: structureofanature' incdentlondsubondnate tothep principalstructure. Acresonystructuresshol. be located on the same lot as the principal structure to which they are accessory. Unless otherwise provided, if on the same premises where a building is attached to the, principalbuilding, its shallb be considered a part thereof, not an accessory building." .  streets. This lot would therefore be defined as a corner lot.  Page 3of5    Section 3: Facts and Findings  1. Consistency with Mexico Beach Land Development Code a. Article VIIS Section 7.04.02 Variances  The Land Development Code establishes measures for Hardship Relief including variances in Section 7.04.00. "The purpose of this section is to provide a method of relief forp property owners inac condition where literalapplication oft this Code willi inflict practical difficultyoru unnetessalynardshpstoaparticular propertyor: site that is uncommonto otherp propertiesin Mexicol Beach,t throughn nof fault of thep property Subsection D) of this same section includes standards of review stating, "the applicant must submit a variance equesthaidemonstates thei followings standards haveb beenmet. Allstandardshereint mustb be found met prior tot the granting of av variance." "1 The standards forr review: are analyzed below. 1. Specialconditions or physicaldrcumstances exist which are particular to the land and which are not applicable to other land subject tot the same regulations or policies such as the parcel size, shape, or topography of the land. For example, the variance is necessary to protect against ReviewersResponse: Therei iscurrently a (motel) built ont thes site that lies within the requiredsetbadks. The applicant did not demonstrate that there are special conditions or physical circumstances that are particular tot the sitea and whicha are not applicable to therlandsubyecttothe: samer regulationsorpolides . Thes special conditions and circumstancesthat: exist dor not resultf fromt the actions oft the property owner or applicant or are a self-imposed hardship, nor could the condition or circumstances be corrected or avoided byt the property owner or applicant. As such, the issuance of the variance shall not conferon thep petitionerthe grant ofa a specialp privilege. For example, a propertyowner cannot bei issueda a setback variance on a property that can reasonably contain a house witha Reviewer's Response: The applicant has indicated that the proposed swing and pergola with a deck existed prior to Hurricane Michae alongside the motel. The swing and pergola are evidenced by this report's findings through historical photos, but the deck could not be confirmed. The condition that caused the removal of the previous swing and pergola was not caused by the applicant. However, the swing andp pergolas should have beeni includedinther redevelopment planoft thiss sitet toavoid ther necessity of this request. Due tot thel lack of nomatonsuppledbytne. applicant such as setback oft thep placement 3. Ther reliefgranted is ther minimum degreeofrelefneesany tor make possible the reasonableuse  owner."  wetland infill or protected trees from impact or removal.  This criterion is not met.  smaller footprint.  of the structure, this criterion cannot be determinedi to be met.  of the landi in compliance with all othera applicable regulations.  Page 4of5    Reviewer's Response: Due to the lack of information provided by the applicant, the issuance of this variance cannot be determined as "minimum degree of relief necessary". In addition, without the constructionofthes swing and pergola, thes site is still ablet to aonabybeuedasamatel Thiscriterion 4. Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties that are subject to the same regulations or policies or Reviewer's Response: The motel is currently constructed on the site within the required setbacks. The literal interpretation of the setbackr requirements doesr not deprive the: applicant of the right to have the use oft this property. Although the view of the Gulf may not bea accessible, the swing and pergola could be  isr not met.  would rendert the enforcement of this Code impractical.  placed elsewhere on the site. This criterion is not met.  The grant ofther reliefv will not bei in derogation oft the generalintentand; purpose oft this Coder nor ReviewersResponse: The grant of the relief will not bei in derogation of the general intenta and purpose of this Code nor the goals, objectives, or policies of the Comprehensive Plan. This criterion is met. The issuance of the variance will not create an inconsistency from the existing character of the area surrounding the site. Fort the purpose of this measure, surrounding site" shall mean those parcels which are within a five- -hundred-foot radius of the subject parcel, or within the same Reviewer's Response: The issuance of the variance would allow for an accessory structure to be potentially located within the corner setback( (additional information is neededf forverification). The use and construction of this structure is not inconsistent with the existing character of Mexico Beach as a  the goals, objectives, or policies of the Comprehensive Plan.  platted subdivision, as applicable.  beach front community. This criterion is met.  Section 4: Recommendation  Thev variance application documents dor not containt ther neededmiomatontomaeeadetemhatiomad recommendationt fort the issuance ofthe corner setbackvariance. On that merit alone, this applicationi is Thep procesforavariance is consderedquas-pdicalandthereforethe Citymusti include findings off fact  recommended for denial since an adequate review cannot be conducted.  int the approval or denial of this request.  Page 5of5    2.02.02 Zoning Districts E. General Commercial I.D District Intent family residential at a maximum density of 18 dwelling units per acre and commercial land uses as defined below. 3.Principal Uses  2.A Allowable Location  This zoning district allows for single The General Commercial Zoning District is allowed within the  General Commercial Future Land Use Category.  4. Uses Allowed 5.F Prohibited Uses 6. Accessory Uses  With Council Approval  a. Community centers and fraternal lodges. b. Commercial or trade schools wharves, and such as dance and martial arts studios C. Department stores and other retail: sales stores, such as shoe stores, clothing stores, pharmacies, florists, and book stores. d. Funeral homes, cemeteries, and mortuaries. e. Farm and garden supply, building supply, and vehicle parts and accessories (including vehicle sales'service/epair). f. Grocery stores, supermarkets (including convenience stores), and specialty food stores (such as meat markets and bakeries). g. Hospitals h. Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, or bicycle repair shops). - Restaurants including open air cafes. j. Shopping centers (but not regional malls or centers). Theaters and auditoriums. I. Plant nurseries. m. Veterinary offices and animal hospital with outside kennels.  a. Condominiums a. Landfills. similar structures handling centers. in City Waters. C. Borrow pits.  Restricted: outside storage shall be enclosed by opaque fencing ofat leasts six (6) feet in height.  b. Docks, piers, b. Hazardous waste Areas and sheds for  collection and d. Pastures, forestry, feed lots, No accessory buildings and buildings which used fori industrial are ana accessory to storage of hazardous, these agricultural uses. e. Junkyards and shall be located nearer salvage yards. f. Medical marijuana treatment line. center  incendiary, noxious, or pernicious materials than one hundred (100) feet from any property Prohibited: All other uses.    n. Wholesale and retail businesses for storing and/or distributing goods. 0. Mobile home parks, recreational vehicle. and travel trailer parks. p.. Arcades, billiards/pool parlors, bowling alleys, indoor recreational centers, and gymnasiumsispas' health clubs. q. Small taverns and bars. Residential Single Family Multi-family Educational facilities (public or private) u. Public buildings and grounds V. Pre-school and day care facilities (public or private) W. Churches X. Cemeteries without funeral homes, Residential care facilities, Z. Group homes aa. Other similar institutional uses. bb. Personal service businesses where the service is performed on an individual-o-indvidual basis, including barber shops, beauty shops, boutiques, studios, or other similar uses. cc. Professional offices dd. Medical offices or clinics Government offices ee.Lodging Establishments ff. Financial institutions gg. Temperary- ses, as defmned in Section XX.