Brevard County, Florida 32903
April 23, 2002, 5:30 PM Indialantic Town Hall
MINUTES NO. 02-07
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 23, 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
Laura Eaton, Secretary
1. CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
Mr. Kleving read the procedure for public speaking.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 02-06– Regular Meeting – March 26, 2002
Mr. Melhado moved to approve Minutes No. 02-06. Ms. Hay seconded. Motion carried unanimously.
(Mr. Bertel arrived at 5:35 PM.)
3. APPLICATIONS
A. Site Plan Approval Extension – Cingular Wireless
Town Planner Ed Washburn concurred with the Town Manger’s memo to extend the approval for a period of two months.
Ms. Eaton clarified that Cingular has shown no effort to move forward since the initial approval.
Mr. Washburn speculated that the two-month extension might encourage Cingular to take some action and explained that a six-month extension was not automatic.
Mr. Mauter recommended that the Board not extend the approval because no good faith effort has been made.
Mr. Melhado moved to not grant an extension. There was no second.
Mr. MacNeil moved to extend site plan approval for two months. Mr. Kleving seconded. Motion carried unanimously.
B. Eckerd Drug Store – 100 N. Miramar – Storage units/dumpster for remodeling
Mr. Kleving advised that Town staff had recommended approval for up to six weeks.
Mr. MacNeill moved to approve the recommendation of the Town Manager subject to the stipulations in his memo dated April 23, 2002. Mr. Melhado seconded.
Tom Schoen, Assistant Manager of Eckerd’s, 100 N Miramar Ave., advised that loading will be done from the side door during the renovation. He clarified that the work encompasses interior shelving and counter tops.
Motion to approve storage units/dumpsters carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance 02-12 (extended hours for outdoor cafes) for consistency with the Comprehensive Plan
Mr. Washburn clarified that the phrase “will promote the public safety, welfare and economic order of the community” is standard language incorporated in all ordinances.
The Board discussed the implications of the ordinance and the sunset provision.
Mr. Melhado moved to find Ordinance No. 02-12 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
Anne Fabyan, 6815 S A1A, Melb. Bch, co-owner of property in the C-2 district and tenants Paul Dubey and Annette Bernard were present. Ms. Fabyan submitted photographs of similar shops in Vero Beach with outdoor displays and also referenced the ordinance language introduced at the previous workshop session.
Ms. Fabyan maintained that the present outdoor displays are positive factors that make people want to shop in Indialantic.
Mr. Washburn clarified that this issue applies only to the C-2 district and identified the following issues which should be addressed in the proposed ordinance:
a. specific street frontage for stores permitted to have outdoor display
b. square footage of the permitted display
c. number of permitted items
Ms. Bernard, 801 N Ramona and owner of Kite World, stated she now has approximately 45’ of frontage, 190 sq. ft. of window area and displays 10-12 items.
Mr. Dubey, owner of Dubey’s T-Shirt Factory, claimed 55’ of street frontage and 290 sq. ft. of window area, displaying 1 item for every 3 feet for a total of 12-15 items.
Luis Rivera, Kite World, expressed concern with too many items lined up along a storefront.
Mr. Washburn pointed out that the Board could recommend a sunset provision to the Council and also advised that they need to consider enforcement.
Mr. Mauter recommended a maximum height and width be added to the total square footage of any article.
Ms. Eaton clarified that the businesses have been made aware of the new ordinance concerning transient signs and that they have been given until September 30, 2002 to correct any violations.
The Board discussed limiting the display based on linear street frontage rather than square footage, giving visibility to those stores with small frontages.
Mr. Washburn will draft an ordinance with those changes as discussed to paragraph 1 for the May meeting.
C. Setbacks and Height Limits
Mike McCabe, 900 S Miramar, maintained that tying height to setbacks in the T district would allow more separation of buildings and more breezeway area.
Mr. MacNeill reported that Councilman Fischer had discussed this issue as “down zoning” at the last meeting and had requested it be placed on the agenda. Mr. MacNeill suggested forwarding this background material to the Council.
Mr. Washburn cautioned that we do not want to create non-conforming structures. He pointed out that the problem is not with the breezeway, but with those parcels which front on both Wavecrest and A1A.
Mr. Melhado maintained that the current code is restrictive enough and that there is no reason to change the Code.
Scott Bell, 1005 S. Shannon, inquired if any member of the Board saw a problem with the Cochran Group property.
Mr. Melhado pointed out that the Board had requested that the Council clarify the breezeway and that it was never addressed.
Mr. McCabe stated that he could refer his research to Councilman Fischer.
Mr. MacNeill moved to recommend that the Council review setbacks in the Tourist zone with regard to the ratio of setback to height. Mr. Bertel seconded. Motion carried unanimously.
5. REPORT FROM BUILDING OFFICIAL
Mr. Kleving questioned the $25.00 cost of permit 02-00090 for a $6,000 fence.
Mr. Melhado requested a status of the lights on Surf Style.
6. REPORT FROM TOWN PLANNER
Mr Washburn had no report.
The Board discussed site plans changes and what triggers a return to the Board for further approval.
7. ADJOURNMENT
The meeting was adjourned at 7:15 PM.
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Tom Kleving, Chairman
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Laura Eaton, Secretary