Brevard County, Florida 32903
March 26 2002, 5:30 PM Indialantic Town Hall
MINUTES NO.
02-06
MINUTES OF A ZONING AND PLANNING BOARD
MEETING HELD IN THE INDIALANTIC TOWN HALL ON MARCH 26, 2002.
Present:
Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Michael Melhado, Member
Randall Greer,
Member
Nancee J. Hay,
Alternate
Ed Washburn, Town
Planner
Suzanne Novack,
Attorney
Stan
Krulikowski, Building Official
Chris Chinault,
Town Manager
Barbara
Brownlie, Secretary
Absent: Keith
Mauter, Alternate (excused)
1. CALL TO
ORDER AT 5:30 PM
Chairman Kleving
called the meeting to order at 5:30 PM.
2.
APPROVAL OF PRIOR MEETING MINUTES
A.
Minutes No. 02-05– Regular Meeting – February 26, 2002
Mr. Melhado
moved to approve Minutes No. 02-05. Mr. MacNeill seconded. Motion
carried unanimously.
3.
APPLICATIONS
A. Site Plan Approval Extension – The Cochran Group - multi-family and
office development - 8th Av & A1A
Chairman
Kleving advised that the Board typically has renewed site plan approval
extensions for a period of six months.
Attorney Douglas
Marks, representing the Cochran Group, gave background information and advised
that the process for meeting the conditions of the site plan as approved on
October 9, 2001 is still ongoing.
In response to a
question from Mr. MacNeill, Mr. Marks advised that no decision has been made on
pursuing an appeal for the balconies.
Town Manager
Chinault clarified for Mr. MacNeill the delay in the appeal process and
explained that it was not entirely due to the applicant.
Mr. Melhado
moved to approve the site plan approval extension based on the originally
submitted plans. Mr. Kleving seconded.
Mr. Kleving
advised the public that any comments should be heard by the Town Council.
Motion carried with
Mr. Kleving, Mr. Bertel, Mr. Greer and Mr. Melhado voting “yes.” Mr.
MacNeill voted “no.”
4.
REPORTS AND DISCUSSIONS
A.
Review of Ordinance 02-09 (front yards) for consistency with the Comprehensive
Plan
In response to a question from Mr. MacNeill, Mr. Chinault clarified that the
ordinance will not affect the restriction on boats or recreational vehicles in
front yards.
Mr. Washburn
advised that the ordinance was consistent with the Comprehensive Plan Policy
1.1, Objective 1, Future Land Use Element.
Mr. MacNeill
moved to find Ordinance 02-09 consistent with the Comprehensive Plan Policy
1.1, Objective 1, Future Land Use Element. Mr. Bertel seconded.
Motion carried unanimously.
B. Outdoor Display – C-2 District
Mr. Chinault explained that this matter was referred to a committee to bring
ideas back to the Board. He stated that the recommendations were not
those of staff.
Paul Dubey, Dubey’s T-Shirt Factory, 115 S Miramar, presented proposed language for outdoor display in the C-2 district as researched by the Fabyans for the Board’s review.
Mr. Dubey explained that the proposed ordinance is an attempt to compete with the recently opened “city type” stores by providing a way to “catch the eye” of the impulse buyer.
Annette Bernard, Kite World, 109 S Miramar, agreed that the smaller businesses cannot compete with the window displays of the two new shops and supported the proposed language.
Mr. Chinault clarified that staff is seeking input from the merchants and the Board and that staff will examine definitions and refine the proposal in ordinance form when the study has been completed.
Luis Rivera, 109 S Miramar, explained that Ms. Walker had researched other jurisdictions and their suggestions were based on that information.
The Board questioned whether the language as proposed was effective enough to allow a more equal competition.
Mr. Washburn advised that the Board needs to determine a way to allow the flexibility to draw attention to these businesses without passing the same provisions on to the larger stores. He also advised that the Board needs to provide a reason to allow that flexibility in the C-2 district only.
Mr. Washburn also suggested an inverse formula for the area permitted to be covered or number of items allowed to be displayed based on store area/window area.
Mr. Chinault suggested an ordinance that sunsets and can be reevaluated, refined or repealed at a date certain.
The Board requested the applicants to provide additional information for the next meeting including code restrictions and pictures of outdoor displays in other jurisdictions, the frontage, square footage and window areas of the effected businesses and a workable number of items to be displayed.
5.
REPORT FROM BUILDING OFFICIAL
In response to
a question from Mr. Bertel, Mr. Chinault clarified the situation with the
unfinished side wall at Surf Style. He explained the contractor is pursuing
legal action to resolve the problem of access with the abutting business.
Mr. MacNeill
reported that he had received complaints concerning the glare emanating from
the lights at Surf Style.
Mr. Melhado
questioned whether the lights were indicated on the site plan.
Mr. Krulikowski
advised that the lights were not on the original site plan and that the
contractor is working to reduce the glare.
Attorney Novack
advised that if there is a violation, the owner must be given adequate time to comply
before legal action can be taken.
Mr. Washburn
pointed out that not everything is required to be on a site plan but it still
must be in compliance with the Code.
Mr. MacNeill
questioned the definition of accessory structure as opposed to playground
equipment based on an inquiry from a neighbor.
Mr. Chinault
explained that the Code does not regulate playground apparatus.
6.
REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
7.
ADJOURNMENT
Mike McCabe,
900 S Miramar, explained the research he had previously provided to increase
the required setback with building height. He requested that the Board review
this for the next meeting.
The meeting was
adjourned at 6:45 PM.
_______________________________
Tom
Kleving, Chairman
_____________________________
Barbara Brownlie, Secretary