Melbourne Planning and Zoning Board FOC2026-0010: Eau Gallie Art Overlay Change for Coptic Church Site on November 5

The Melbourne Planning and Zoning Board will hold a public hearing on a change to the Eau Gallie Art Overlay Zone on Thursday, November 5, 2026, at 6:30 p.m. The request is Finding of Consistency FOC2026-0010 and Zoning Text Amendment TEXT2026-0010. It would remove the Archangel Michael Coptic Orthodox Church site from the overlay. The site covers about 1.4 acres on the east side of Guava Avenue, south of Law Street and north of Creel Street. City staff recommends approval. The board will make a recommendation to the City Council. The request is item 8 under Unfinished Business on the board's agenda.

What the Eau Gallie Art Overlay Change Would Do

The agenda lists David Taylor as the applicant and Archangel Michael Coptic Orthodox Church, Inc. as the property owner. The request would amend City Code, Part III, Appendix B, Article V, Section 3(A), as it relates to the overlay boundary.

The staff memo is from Cheryl A. Dean, AICP, Planning Manager, and is dated October 30, 2026. It states that the action would apply to four parcels on about 1.4 acres. The parcels are Tax Account Numbers 2717186, 2717187, 2717188 and 2717189. They are in the Eau Gallie CRA and Council District 2.

Today, the overlay's applicability section covers three areas.

• Property west of Pineapple Avenue, east of Avocado Avenue, north of Creel Street and south of McClendon.

• Properties along the west side of Avocado Avenue, south of Law Street and north of Creel Street.

• Properties along the east side of Guava Avenue, north of McClendon Street and south of Mathers Street.

The amendment would add one sentence to that section. It reads: "The following area, which encompasses the Archangel Michael Coptic Orthodox Church site, shall be excluded from the Eau Gallie Art Overlay Zone: Lots 1 through 7, Block 20, Village Plat of Eau Gallie subdivision (PB1 PG47)."

The memo states that the church owns about 1.6 acres in total. A 0.2-acre parking lot on the west side of Guava Avenue is not part of the area to be removed.

History of the Church Site and the Art Overlay

The memo states that the current church building was built in 1959 in the City of Eau Gallie. The church bought several properties in 2000. That same year, the City Council approved a conditional use to allow a church in the R-2 zoning district.

The City Council established the Eau Gallie Art Overlay in 2007 with Ordinance No. 2007-92. In 2008, the Council adopted land use and zoning changes on 30.86 acres in the overlay area. Later changes in 2011, 2014 and 2019 dealt with signs, parking, setbacks, uses and density.

The memo states that the overlay takes in 21 blocks in the northern expansion area of the Olde Eau Gallie Riverfront Community Redevelopment Agency (CRA).

According to the memo, the overlay was created to provide "an area that supports a live/work environment for artists, limited office, and low-intensity commercial uses while maintaining the residential character of the neighborhood." The Olde Eau Gallie CRA Advisory Committee recommended approval of the overlay zoning amendment on September 13, 2007.

The Legal Framework: Overlay Uses and the 30-Seat Church Limit

After the overlay was set up, the Future Land Use Map for the area changed from Low Density Residential to Mixed Use. The Zoning Map changed from R-2 to C-1 (Neighborhood Commercial). The code text in the packet states that overlay regulations only apply to properties with a Mixed Use future land use and C-1 zoning.

The memo states that the overlay allows the residential uses permitted under the old R-2 zoning. It also lists limited permitted uses, such as restaurants with 30 seats or less, music or art lessons, art studios and professional offices. Conditional uses include restaurants with 31 to 50 seats, churches with 30 seats or less and public utility service uses.

The memo describes the church as "an established church with 258+ seats" that was in place before the overlay. It states that the church became a non-conforming use under the 30-seat limit once the overlay took effect. Staff writes that the church use now has "no ability to rebuild at the current capacity or expand in the future."

Staff found the change consistent with the goals and objectives of the city's Comprehensive Plan. The memo cites Future Land Use Element Objective 1.22. That objective calls for the city to maintain, amend and develop land use regulations to carry out the plan.

Staff Findings and Recommendation

The memo lists six findings. Staff found that the change would have no adverse effect on the city's ability to provide adequate public services and facilities. Staff also found that it would not significantly change the general character of the city, cause depreciation of property values, or reduce the safety, light and general convenience of neighboring developments.

The memo gives three reasons staff can support the request. The new boundary would sit on the west side of Block 20, between the street and the alley right-of-way. Staff states that this would limit a parcel by parcel "in-and-out" pattern and make the overlay boundary easier to identify. The memo calls reducing the overlay "a logical action to reduce current development barriers."

The Community Development Department recommends approval of FOC2026-0010 and approval of TEXT2026-0010.

Who May Be Affected and What It May Mean for Them

The church owns the site that the request covers. The memo states that removing the overlay from the four parcels would allow the church to use the provisions and special allowances of the C-1 zoning district, the CRA and the CB-OZ for future redevelopment. The applicant states that the church plans to improve the property in phases. Those plans include a new sanctuary and compliant parking. The applicant wrote that "the Art Overlay creates non-conforming conditions that prevent the church from constructing a functional, code compliant sanctuary."

Staff states that the text amendment is specific to the church site. In the packet copy, the exclusion sentence is the only underlined new text. Staff found that the exclusion would let an existing house of worship stay at its present location while giving parishioners future expansion opportunities.

Hearing Process and Next Steps on November 5

The agenda lists declarations of conflict, disclosures and public comment before Unfinished Business. Item 8 follows item 7, a bookshop conditional use request.

The October 1, 2026, minutes in the packet record the Deputy City Attorney reminding the board that its role is to make a recommendation to City Council. The packet does not list a City Council date for this item.

The agenda states that anyone who decides to appeal a board decision will need a record of the proceedings. That person may need to make sure a verbatim record is made. Section 286.0105, Florida Statutes, requires this advice in meeting notices. Section 286.26, Florida Statutes, addresses access to public meetings for persons with physical disabilities.

Persons with disabilities who need special accommodation to take part should contact the Community Development Department at 321-608-7500 no later than 5:00 p.m., at least 48 hours before the meeting on Thursday, November 5, 2026, at 6:30 p.m., City Hall Council Chamber, 900 E. Strawbridge Avenue, Melbourne.