Brevard County, Florida 32903
January 22 2002, 5:30 PM Indialantic Town Hall
MINUTES NO. 02-04
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 22, 2002.
Present: John MacNeill, Vice Chairman
Rick Bertel, Member
Michael Melhado, Member
Randall Greer, Member
Nancee J. Hay, Alternate
Keith Mauter, Alternate
Ed Washburn, Town Planner
Chris Chinault, Town Manager
Barbara Brownlie, Secretary
Absent:Thomas Kleving, Chairman
Stan Krulikowski, Building Official
1. CALL TO ORDER AT 5:30 PM
Vice Chairman John B. MacNeill called the meeting to order at 5:30 PM.
2. OATH OF OFFICE FOR NEW MEMBER
A. Keith Mauter
The secretary administered the Oath of Office to Mr. Mauter.
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3. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 02-03– Regular Meeting – December 27, 2001
Mr. Melhado moved to approve Minutes No. 02-03. Ms. Hay seconded. Motion carried unanimously.
4. APPLICATIONS
A. Site Plan Review – Philomena Zloch – Community Residential Home – 230 Melbourne Ave
Town Planner Ed Washburn advised that, based on State statutes, a community residential home is a permitted use in a residential district. Mr. Washburn also reminded that the Town Attorney had issued an opinion stating that community residential homes cannot be prohibited. He pointed out that the Town did adopt a code more restrictive than that of the State and outlined the requirements of the Town’s administrative permit.
Philomena Zloch, 230 Melbourne Ave., presented her site plan and stated that she is attempting to maintain the integrity of her family (which includes two elderly relatives in need of assistance), and generate necessary income while remaining within the parameters of the law.
Ms. Zloch clarified that she knows of no other facility within 1000 ft. of the proposed site.
In response to a question from Mr. Bertel, Ms. Zloch responded that she was “informed by a neighbor that the property had been used as a group home in the past, but that she was unaware of and surprised by” that information.
The Board discussed the number of people permitted to reside in the home including family members, clients and caregivers.
In answer to a question from Ms. Hay, Ms. Zloch responded that the Fire Department had approved the access and number of exits.
Ms. Mia George, an assisted living provider for eight years and consultant to Ms. Zloch, provided information on the state rules and regulations for the program which is administered through the Department of Elderly Affairs.
Mr. Washburn advised that the Town’s administrative permit is valid for one year and subject to renewal annually.
It was determined that the parking issue cited in Mr. Krulikowski’s memo of 1/16/02 had been resolved, the baths were adequate and the safety code had been addressed.
Ms. Zloch advised that a site plan approval letter must accompany her application to the state. She also stated that if she leaves the premises, her state license would no longer be valid.
Mr. Washburn advised that Code Section 17-115 overrides the home occupational license restrictions.
Ms. Zloch explained how residents are selected and verified that she would have the right to refuse any state referral. She added that she would not be comfortable with wheelchair bound residents and that her preference was to work with women.
Karen Turja, 303 Melbourne Ave., read and presented to the Board a statement protesting approval of the site plan. She also provided information on a previous unlicensed use of the home as a care facility.
Mr. Washburn clarified that this would not constitute a change in usage from residential to commercial.
Mr. Chinault informed the Board that the Town has not contacted Harris Sanitation concerning any requirements for a dumpster as noted by Mrs. Turja.
The Board again went over the number of residents, the square footage requirements and the staffing necessary.
Mr. Washburn cautioned that if the site plan is approved, it be approved for exactly what the applicant is requesting.
Don McGee, 224 Melbourne Ave., presented a petition opposing the use of the home as a nursing home/elder care facility. He also questioned the effect on neighboring property values.
Richard Hunter, 225 Melbourne Ave., expressed concern with the type of occupants the state might approve as residents.
Marilyn Penn, 223 Melbourne Ave., expressed opposition.
Bev Harris, 401 So. Palm Ave., believed it was inconceivable for one person to care for four persons 24 hours a day, seven days a week.
It was the consensus of the Board to take no action pending receipt of further information concerning: Staffing requirements
Traffic that might be generated
Procedure for disposal of medical waste
Safety regulations concerning the swimming pool
Fire code requirements
Location of the nearest licensed facility
Consistency with Sec 11 of the Fl Accessibility Code for Building Construction
Harris Sanitation requirements
B. Site Plan Review – Indialantic One – Condo Project – Watson Ave & SR A1A
Rob Lee, Lee Engineering Inc., presented the site plan for Indialantic One, a three story 42 unit condo at the corner of Watson Ave. and SR A-1-A. Mr. Lee explained that is an irregularly shaped parcel encompassing about 2.4 acres of land. He stated that the main access would be from Watson providing safety of ingress and egress and allowing a greater amount of landscaping on the A-1-A frontage.
Mr. Lee did point out some disagreement with the density computation as the Town code references the ocean bluff line and the plans utilize the mean high water line based on the re-construction of a previously destroyed seawall.
Mr. Lee also explained the trash system that will utilize internal chutes with the trash collected in portable dumpsters within the building. He verified that the dumpsters would be moved out only for pick-up and requested clarification as to whether a dumpster enclosure, which would encroach into the breezeway area, would be required at the pick-up point.
Mr. Lee mentioned that they plan to apply for several variances including:
Construction seaward of the Coastal Construction Control Line
Dumpster enclosure height in the breezeway area (if necessary)
Garage floor elevation lower than the grade of the road
Mr. Washburn pointed out that this Board cannot determine the point to be used for the density calculation which will affect the number of units permitted and the breezeway requirement. He advised that this issue should be resolved by an independent party.
Mr. Lee felt they could comply with all requirements outlined in the Town Manager’s 1/17/02 memo and the Engineer’s 1/22/02 letter.
Mr. Chinault added that the applicant is willing to work with the Town to develop the Watson access area into a park-like setting continuing to provide a safe public access to the beach.
The Board discussed the logistics of the garbage disposal system and whether the enclosure is required at the point where the dumpsters are kept e.g. the building or at the pick-up point.
Mr. Lee clarified for Harry Vickers, owner of property on Fifth Ave., that this receptacle method was approved by Harris Sanitation for residential use.
Mr. Melhado moved to conditionally approve the site plan as presented subject to compliance with Items 1 through 8 of the B.S.E. comments dated 1/22/02, Items 1 through 10 of the Town Manager’s memo of 1/17/02, obtaining a variance for the garage floor elevation, a letter from Harris Sanitation verifying that the procedure outlined is acceptable to them and resolution of the density calculation to the Town Manager’s satisfaction. Ms. Hay seconded. Motion carried unanimously.
5. REPORTS AND DISCUSSIONS
A. Review of Ordinance 02-04 for consistency with the Comprehensive Plan
Mr. Washburn advised that the ordinance was consistence with the Comprehensive Plan Land Use Regulations.
Mr. Melhado moved to find Ordinance No.02-04 consistent with the Comprehensive Plan. Ms. Hay seconded. Motion carried unanimously.
B. Dumpster enclosures
Mr. Chinault explained that this item was left with no clear resolution and that the applicants would be better served if they appear before the Council with some clear sentiment from this board.
H.L. Clark, 3700 N. Riverside Dr. and owner of the 225 Mall, again presented his petition and outlined the problems encountered with the required dumpster enclosures.
Harry Vickers, owner of property at 423 Fifth Ave., reported on his discussions with Harris Sanitation and stated he would pursue the portable dumpsters referred to earlier.
Mr. Bertel pointed out that the purpose of the enclosures is to preserve the beautification of the Town.
Mr. Washburn acknowledged that he knows of no alternatives for a commercial property.
Mr. MacNeill passed the gavel to Ms. Hay.
Mr. MacNeill moved to forward this item to the Town Council to ensure that the Mayor and Council hear the concerns of the merchants and read the petition. Mr. Melhado seconded. Motion carried unanimously.
C. Front yards
This item was tabled to the next meeting.
D. Outdoor advertising
Mr. MacNeill stated that the subject of outdoor display in the C-2 district had been brought up in the past, but no action was taken by Council.
Mr. Chinault advised that code violations still exist and the issue has never been resolved. He observed that the previously drafted ordinance did not provide any significant changes and asked if the Board was interested in exploring a way to possibly accommodate those beachside activities unique to the C-2 zone.
Mr. Bertel observed that the situation has changed with the arrival of the larger beach area businesses that make it more difficult for the smaller shops to compete.
Anne Fabyan, owner of 105-25 So. Miramar, stated that as the property owner she had been cited for code violations of her tenants. She reported that she had been advised by Mayor Cochran and the Building Official to come before the Board to request some initiative to make the code more user friendly.
Mr. MacNeill suggested re-working the drafted ordinance incorporating suggestions from the merchants.
Annette Bernard, owner of Kite World, stated that it is an economic situation and that she is willing to review the code and work within the Town’s safety concerns.
Ms. Fabyan volunteered to co-ordinate an effort to provide some language with which to work and requested a motion in support of that effort.
Mr. Washburn recommended a workshop using input from the merchants.
Mr. Bertel moved to hold a workshop to discuss the outdoor display ordinance as it effects the C-2 district utilizing input from the businesses involved. Ms. Hay seconded. Motion carried unanimously.
6. REPORT FROM BUILDING OFFICIAL
The Building Official was not present. Statistical reports were included in the files.
7. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
8. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. MacNeill passed the gavel to Ms. Hay.
Mr. MacNeill nominated Mr. Kleving as Chairman. Mr.Melhado seconded. Motion carried unanimously.
The gavel was passed back to Mr. MacNeill.
Ms. Hay nominated Mr. MacNeill as Vice Chairman. Mr. Greer seconded. Motion carried unanimously.
9. ADJOURNMENT
The meeting was adjourned at 8:20 PM.
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John B MacNeill, Vice Chairman
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Barbara Brownlie, Secretary