Minutes 051226

City Council Meeting · 2026-05-12 · minutes

[1416 Highland Avenue; case Ordinance No. 2026-19] Ordinance No. 2026-19, "Creative Playground" was approved on its second reading and public hearing. The ordinance grants a conditional use to allow the sale and consumption of alcoholic beverages (beer and wine) as an accessory use to an interactive arts and crafts business. The project is located in a 1,654± square foot unit within a 3-unit building on 0.20±-acre developed land, zoned C-3 (Central Business District), on the west side of Highland Avenue, south of Eau Gallie Boulevard and north of Montreal Avenue (1416 Highland Avenue). The owner is Gorezik LLC, and the applicant/representative is Joshua Lehman. The first reading was on 4/28/2026, and the P & Z Board reviewed it on 4/2/2026. The motion to approve was based on the findings and conditions within the Planning and Zoning Board memorandum. The roll call vote was unanimous in favor. [case Ordinance No. 2026-20] Ordinance No. 2026-20, "Olde Eau Gallie Riverfront CRA Plan Amendment" was approved on its second reading and public hearing. This ordinance amends Chapter 20, Article VI, Olde Eau Gallie Riverfront Community Redevelopment Agency to update the duration of the Agency consistent with the Revised and Restated Interlocal Agreement with Brevard County and Brevard County Resolution No. 2026-031. The P & Z Board reviewed it on 4/2/2026, and the first reading was on 4/28/2026. There were no comments during the public hearing. The motion to approve was carried unanimously. [D.B. Lee Water Reclamation Facility; Melbourne City Hall] The Consent Agenda was approved unanimously. It included two items: 1) Utilization of contract pricing for paving at the D.B. Lee Water Reclamation Facility, with Concurrent Utility Services LLC, Rockledge, FL, for an estimated amount of $124,131. 2) Purchase of Verkada security cameras and an access control system for Melbourne City Hall, Project No. 10925, with Atlantis Electrical Systems, LLC, Palm Bay, FL, for $316,326. [1300 South Babcock Street; case Ordinance No. 2026-21] Ordinance No. 2026-21, a Conditional Use request for a "Circle K Convenience Store" was denied on its first reading and public hearing. The request was to allow a convenience store with gas pumps in a C-P (Commercial Parkway) zoning district with site plan approval to redevelop 2.1± acres of property located on the west side of South Babcock Street, south of NASA Boulevard and north of Hibiscus Boulevard (1300 South Babcock Street). The owner is Lemonade MM Melbourne Babcock LLC, and the applicant/representative is Jarod Stubbs, PE, Kimley Horn & Associates, Inc. The P&Z Board recommended approval on 4/16/2026. Concerns were raised by Council Member Mimi Hanley regarding compatibility with the Comprehensive Plan, potential depreciation of property value, and reduced safety, light, and convenience for neighboring developments. Nicholas West, representing the Rialto Place ownership group, spoke against the project, stating it deviates from the Comprehensive Plan and imposes harm. The motion for denial was based on the application failing to satisfy review criteria in Appendix B, Article IX, Section 5(C)(2)(d) regarding significant adverse impacts on livability and usability of nearby land due to noise, dust, fumes, smoke, glare from lights, late-night operations, odors, truck and other delivery trips, outside displays, storage, activities, potential for increased litter, and privacy and safety issues. The motion carried unanimously. [case Ordinance No. 2026-22] Ordinance No. 2026-22, "Mayfair Community Development District Contraction" was approved on its first reading and public hearing. This ordinance amends City Code, Chapter 20, Article IX, Section 20-289 and Section 20-291, regarding a contraction to the jurisdictional boundaries of the Mayfair Community Development District. The P&Z Board/Local Planning Agency found the request consistent with the Comprehensive Plan and recommended approval on 4/16/2026. The applicant is the Mayfair Community Development District. The proposed amendment provides a new legal description and an updated drawing of the district area. The CDD is contracting to 154.13± acres. All landowners within the existing boundary have consented. The motion to approve was based on the findings in the Planning & Zoning Board memorandum and carried unanimously. [case Ordinance No. 2026-23] Ordinance No. 2026-23, "Modifications to Affordable Housing Development" was approved on its first reading and public hearing. This ordinance amends City Code, Appendix B, Article V, Section 4, Affordable Housing Development, to align with the definition of affordable housing and its application to Live Local Act projects as defined in Florida Statutes. The modification ensures consistency and prevents interpretation as rent control. The P&Z Board voted unanimously to recommend approval on 4/16/2026. The motion to approve was based on the findings in the Planning & Zoning Board memorandum and carried unanimously. Board Appointment: Request for waiver of Sections 112.313(3) and 112.313(7), Florida Statutes, on behalf of John Huy (Affordable Housing Advisory Committee) who has a contractual relationship with the City. The waiver was approved pursuant to Section 112.313(12), Florida Statutes, regarding his relationship with Jobear Contracting, Inc. for technical support and repair/maintenance services for the remainder of Fiscal Year 2026. The motion carried unanimously. Note: Mr. Huy was not reappointed. Board Appointment: Michael Miller was reappointed as a regular member to the Affordable Housing Advisory Committee. The term is from May 13, 2026, through May 12, 2031 (five-year term). The motion carried unanimously.