Brevard County, Florida 32903
February 26 2002, 5:30 PM Indialantic Town Hall
MINUTES NO. 02-05
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON February 26, 2002.
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Michael Melhado, Member
Randall Greer, Member
Nancee J. Hay, Alternate
Keith Mauter, Alternate
Ed Washburn, Town Planner
Stan Krulikowski, Building Official
Chris Chinault, Town Manager
Barbara Brownlie, Secretary
1. CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
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2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 02-04– Regular Meeting – January 22, 2002
Mr. MacNeill moved to approve the minutes for discussion. Ms. Hay seconded.
Mr. MacNeill requested that the tape be reviewed and a statement by Ms. Zloch be included in the minutes.
Motion to approve the minutes as amended carried unanimously.
3. APPLICATIONS
A. Site Plan Review – 121-133 Fifth Ave
Brian Barber, 1804 Platt St, Melbourne, appeared as the contractor representing the property owners. Mr. Barber presented plans to combine the two separate buildings at 121-133 Fifth Ave and maximize the space available for parking. He also indicated that the plans included a new parking area entrance from Fifth Ave.
In response to a concern raised by Mr. Washburn, Mr. Barber advised that he had spoken with FDOT concerning the new curb cut and had received verbal approval.
Mr. Mauter pointed out a potential problem with the traffic entering from Fifth Ave. converging with the two-way traffic in the parking area.
The Board discussed the drainage situation and Mr. Barber advised that the site meets the criteria of retaining the first inch of rainwater and that the grade of the lot alleviates the flow of water into the street.
Mr. Bertel suggested pedestrian warnings since a previously unused entry on Fifth Ave will now be open to vehicles.
Mr. MacNeill moved to approve the site plan conditioned on moving the handicapped parking to the south, placing “do not enter” signage on the lot south of the entrance and placing pedestrian warning signage at the entrance. Mr. Melhado seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance 02-07 (transient signs) for consistency with the Comprehensive Plan
The Town Manager gave background information advising that the Ordinance is an attempt to clarify the intent of the current regulations concerning signs affixed to windows.
The Building Official advised that the maximum coverage for windows signs is limited to 8 sq. feet and there are a number of merchants in violation.
Mr. Kleving maintained that existing businesses reviewed the sign ordinances when they obtained their permits and it was not necessarily correct to change the rules because one business is violating the intent.
Mr. Washburn pointed out that correcting the problem at the Palace runs the risk of creating additional problems elsewhere.
Mr. Mauter felt that limiting the sign permit to a period of 30 days was too burdensome and recommended increasing the time to 90 days.
Mr. Washburn verified that the ordinance falls under the Comprehensive Plan Policy 1.1, Objective 1 of the Future Land Use Element.
Mr. MacNeill pointed out the possibility of circumventing the ordinance with signs that do not meet the definition of “transient” signs.
Mr. Melhado moved to find Ordinance No. 02-07 consistent with the Comprehensive Plan Policy 1.1, Objective 1 of the Future Land Use Element. Mr. Bertel seconded.
Motion carried with Mr. Kleving, Mr. Bertel, Mr. Greer and Mr. Melhado voting “yes.” Mr. MacNeill voted “no.”
B. Review of Ordinance 02-08 (skateboard ramps) for consistency with the Comprehensive Plan
Town Manager Chinault explained that Ordinance 02-08 is codifying a 1998 interpretation by the Board of Adjustment that skateboard ramps are not a permitted use in the residential districts.
Mike McCabe, 900 S Miramar, commented that if the change is predicated on the noise factor, there are many other activities that should be prohibited.
Mr. MacNeill pointed out that noise regulations already exist and that the ordinance is counterproductive to promoting public safety by not permitting the skateboard users on their own property and forcing them to use the streets.
Mr. Washburn verified that the ordinance falls under the Comprehensive Plan Policy 1.1, Objective 1 of the Future Land Use Element.
Mr. MacNeill enumerated several instances where the ordinance was not consistent with objectives of the Recreation and Open Space Element.
Ms. Hay pointed out that the Town had no space suitable for a municipal skateboard ramp.
Mr. Chinault advised the Board that they are not being asked to be for or against skateboard ramps, but only to provide the correct information to the public.
In response to a question from Mr. McCabe, Mr. Chinault stated that the Board could at any time recommend changes in the ordinance to the Council, but that the decision of the Board of Adjustment can no longer be appealed.
Mr. Washburn clarified that the Code does not currently say that skateboard ramps are a permitted use in the residential districts. He added that although some elements of the Comp Plan might support skateboards, anyone would be hardpressed to find a policy that supports skateboard ramps in a residential backyard since the intent of the Plan is to preserve the residential character of the Town.
Mr. Chinault clarified that the Board of Adjustment decision applied to “residential districts.”
Mr. Greer suggested a clearer definition of a skateboard ramp be included in the Code.
Mr. Kleving moved to find Ordinance 02-08 consistent with the Comprehensive Plan Policy 1.1, Objective 1 of the Future Land Use Element.
There was no second.
Mr. MacNeill moved to request of the Town Council if they have any interest in having the Zoning & Planning Board revisit the Code Section 17-112 and come up with a new ordinance. Mr. Greer seconded.
Mr. Kleving recommended that first the language be codified and then brought back to the Zoning & Planning Board.
Mr. Washburn clarified that taking no action on consistency does not prevent the Council from enacting the Ordinance.
Mr. MacNeill’s motion carried with Mr. MacNeill, Mr. Greer and Mr. Melhado voting “yes.” Mr. Kleving and Mr. Bertel voted “no”.
C. Review of Code Sec. 17-132(6) - hours of operation for outdoor cafes – requested by Djon Pepaj
Djon Pepaj, 1001 S Riverside Dr and owner of City Tropics, requested that the Board recommend to Council that the hours of outdoor café operation be extended from 10:00 PM to 1:30 AM.
Mr. Pepaj explained that he had 40 outside seats in a totally open area on the northeast side of his building which faces another C zone. Mr. Pepaj felt the extended hours would allow him to better compete with similar neighboring establishments.
Mr. Melhado proposed asking Council that the Board review the entire outdoor café code section.
Mr. MacNeill disclosed that he had toured other businesses in Town and the neighboring vicinity and he reported on their hours.
Mr. Chinault explained that the Town was working to tighten the enforcement of the current code. Mr. Chinault also felt that extending the hours for the City Tropics location would not affect any residential areas because he is surrounded by commercial and RP zoning.
Mr. Melhado also noted that there are issues with amplified music being against code.
Mr. Melhado moved to strongly recommend that the Council review Code Section 17-132(6) to extend the hours of operation of outdoor cafes as it relates to the impact on surrounding areas. Mr. Greer seconded. Motion carried unanimously.
D. Front yards
Mr. Chinault explained that this issue is a result of a recent interpretation by the Board of Adjustment concerning front yards. Mr. Chinault presented a revised illustrations (C) for an “L” shaped property with the front property line following the lines of the structure. He maintained that substituting this illustration clarifies the issue and enhances the intent of the code.
Mr. Washburn agreed that the new illustration depicts the way the code has always been interpreted in the past.
Mr. Melhado moved to recommend to Council that they substitute attachment C for the current attachment A. Mr. MacNeill seconded. Motion carried unanimously.
5. REPORT FROM BUILDING OFFICIAL
Mr. Krulikowski’s statistics for January were included in the folders.
He also reported on Surf Style and Indialantic One.
6. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7. ADJOURNMENT
Mr. Mauter recommended that the wording from 17-46 be incorporated into 17-30.
Mike McCabe requested that the Board address setbacks and height limits in the “T” district.
The meeting was adjourned at 7:15 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary