Brevard County, Florida 32903
May 25, 2004 5:30 PM Indialantic Town Hall
MINUTES NO. 04-08
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL MAY 25, 2004.
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Randall Greer, Member
Dayle Ewald, 1st Alternate
Shannon Watson, 2nd Alternate
Ed Washburn, Town Planner
Mike McCaughin, Building Official
Barbara Brownlie, Secretary
Absent: Rick Bertel, Member
Nancee J. Hay, Member
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. 04-07– April 27, 2004
Mr. MacNeill moved to approve Minutes No. 04-07. Mr. Greer seconded. Motion carried unanimously.
Ms. Watson requested that Item E under Applications be deferred to the next meeting to allow time to determine from legal counsel if there were grounds to have it resubmitted.
The secretary reported that the Town Manager had consulted with the Town Attorney and that he had advised that any person could request a rehearing on an issue.
Ms. Ewald joined Ms. Watson in her request based on the fact that there was no new information.
Mr. Kleving respectfully turned down Ms. Watson’s request since the 2-2 vote at the April meeting reflected no definitive decision.
3. APPLICATIONS
A. Request for Site Plan Modification – detached sign - Surf Style, 101 Miramar Ave – requested by United Sign of Florida, Inc
Warren Mattingly, 1029 Aurora Rd., United Signs, represented Surf Style.
Mr. Mattingly explained that the application is for a 32 sq. ft. detached sign in front of the building. He clarified that it would be lit internally and that it would cast no glare beachward.
Mr. Mattingly presented photographs depicting the location of the proposed sign and showing it would have no effect on nesting turtles, as it is not visible from the beach.
Mr. Mattingly also informed the Board that the unused flood lighting and poles had been removed from the site.
Building Official Mike McCaughin reported that the applicant had met all staff concerns.
It was clarified that the sign was not indicated on the original site plan.
Mr. MacNeill moved to approve the site plan modification. Ms. Ewald seconded. Motion carried unanimously.
B. Request for Site Plan Modification – fence installation along portions of the east and north sides of old Summit Building, 25 Fifth Ave – requested by Mike Montgomery
Mike Montgomery, 373 Planters Dr, Indialantic, stated that the requested fencing was another detail added as the renovation progresses. He explained that it would provide a barrier between the building and parking area to allow for outdoor seating. He clarified that it was the same fencing used along other parts of the building.
Mr. Greer moved to approve the site plan modification. Mr. MacNeill seconded. Motion carried unanimously.
C. Request for Site Plan Approval – proposed restaurant, 205 Fifth Ave - requested by Djon Pepaj
Djon Pepaj, 1001 S Riverside Dr., presented his site plan for a proposed 42 seat restaurant in the vacant florist shop location.
Mr. McCaughin reported that both the Town Planner and Town Engineer had reviewed the plan and that their comments had been addressed. He also pointed out that the outdoor seating in the front depicted on the rendering had been eliminated and that the sign projecting above the roof line would be relocated.
Mr. McCaughin also clarified that hooking up to city sewer would be part of the construction plans.
Mr. Kleving questioned the dumpster location and lack of landscaping plan required for a change of use per Code Sec. 17-126(14)(b).
The Building Official explained that staff had viewed it as an existing building.
Mr. Pepaj said there would be coconut palms and other landscaping.
Mr. Pepaj clarified that there were 36 seats inside and six outside along the sides of the building.
The Building Official verified for Mr. MacNeill that the plan met the seating to parking ratio.
Scott Smith, 321 7th Ave., spoke against approving the site plan based on problems associated with City Tropics.
It was clarified for Mr. Smith that the site plan included no neon lighting.
It was also clarified for Mr. McNeill that outdoor seating in the front was not a consideration at this time and that the liquor license will be for beer and wine.
Mr. MacNeill moved to approve the site plan with the stipulations of a permanent landscaping plan for the front setback area as required by the change of use provision in the code and that the Board review any application for a change in the status of the liquor license.
Ms. Watson questioned when the increase in traffic generated by the restaurant could be addressed.
Mr. McCaughin pointed out that traffic is addressed in the Comprehensive Plan.
Mr. MacNeill added that the permitted uses in the commercial district encompass the foreseeable traffic.
Ms. Ewald seconded the motion to approve the site plan with stipulations. Motion carried unanimously.
D. Request for Site Plan Approval – additional parking area, 235 Fifth Ave -requested by Djon Pepaj
Mr. Pepaj explained that the plan calls for installing five parking spots on the property directly east of City Tropics.
Mr. Kleving questioned the placement of the tire stops on the east side cutting back the 18’ parking area.
The Building Official agreed to consult with the Town Engineer and Public Works to determine if this would have any effect on DOT standards.
Mr. McCaughin also clarified that FDOT would need to approve the curb cut.
It was verified for Mr. MacNeill that this would not interfere with the school zone and that a “right turn only” sign would be placed at the exit.
Mike Smith, 305 7th Ave., questioned the drainage.
Mr. McCaughin pointed out that there are on-site retention ponds that would increase the drainage and had been approved by the Town Engineer.
Mr. MacNeill moved to approve the site plan with the provision that the parking space dimensions be reviewed as pertaining to the placement of the wheel stops. Mr. Greer seconded.
Ms. Watson questioned whether the additional parking would be used for the newly approved restaurant site.
Mr. Kleving noted that the restaurant site plan met the parking requirements and that this parking was “above and beyond.”
Motion to approve the site plan with the provision carried unanimously.
E. Request for reconsideration of Site Plan Modification– addition of bar on existing patio, 249 Fifth Ave – requested by Djon Pepaj
Mr. Pepaj explained that the plan calls for a free standing bar structure with a floating roof to alleviate congestion and better distribute people using the deck.
The Building Official clarified that it would have to meet all construction standards.
The following spoke against approving the site plan:
Scott Smith
Marvin Wright, 300 7th Ave.
Shelia Trott, 211 8th Ave.
Mike Smith
Mr. McCaughin verified that the addition is consistent with the Comprehensive Plan and the Code. He pointed out that the bar does not affect seating or parking and that there is no material change to the use of the deck or the property.
Mr. Kleving pointed out that it is not in this Board’s purview to regulate noise, parking, etc. and that these concerns need to be brought before the Town Council.
Mr. MacNeill reminded the audience that the provision affecting the hours of operation of the outdoor café sunsets in December and that the public needs to let the Council know that there are concerns.
Mr. MacNeill moved to approve the site plan modification as presented. Mr. Greer seconded. Motion carried with Mr. Kleving, Mr. Greer and Mr. MacNeill voting “yes.” Ms. Ewald and Ms. Watson voted “no.”
In response to a question from Ms. Watson, Mr. Pepaj addressed the concerns that had been raised.
(At this point, Mr. Washburn arrived.)
4. REPORTS AND DISCUSSIONS
A. Review of Code Sections 17-4 (33) – height, building and 17-92 – Building Grade to require a single consistent benchmark – requested by John B. MacNeill
Mr. MacNeill pointed out that this Board had approved a condo project using one street to determine the roof height and a different street to determine garage floor elevation and that there is nothing in the code to prohibit this.
Mr. McCaughin agreed that there is conflict and ambiguity in the code language.
The Board requested that the Building Official draft revised ordinance language for review.
5. REPORT FROM BUILDING OFFICIAL
Mr. McCaughin reported that the issue of neon discussed earlier is addressed in Code Sec. 17-106.1(3) and is prohibited as a source of illumination except where specifically permitted.
The Building Official also reported on ongoing and upcoming projects.
6. REPORT FROM TOWN PLANNER
Mr. Washburn reported that there was still no word on the mixed-use application in Indian Harbour Beach.
In response to a question from Ms. Watson, Mr. Washburn explained that the Comprehensive Plan traffic provisions rely on concurrency with the state and separate A1A and 5th Ave. (regulated by the State) from the local streets. He clarified that adding parking spaces for the commercial development on 5th Ave. would not trip the threshold on the local streets.
7. ADJOURNMENT
Mr. MacNeill brought up the idea of a workshop dealing with the “circle of influence” for Zoning and Planning issues. The Board agreed to request that a workshop be scheduled.
Scott Smith reported on a conversation with Mr. Pepaj.
Ms. Ewald brought up behavior of the audience and Mr. Kleving requested that a copy of the meeting procedures be provided in the future.
The Board discussed with Mr. Smith how the residents could seek recourse from disruptions in the commercial district.
The meeting was adjourned at 7:45 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary