Brevard County, Florida 32903
June 22, 2004 5:30 PM Indialantic Town Hall
MINUTES NO. 04-09
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL JUNE 22, 2004.
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Randall Greer, Member
Dayle Ewald, 1st Alternate
Shannon Watson, 2nd Alternate
Ed Washburn, Town Planner
Mike McCaughin, Building Official
Barbara Brownlie, Secretary
Absent: 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. 04-08– May 25, 2004
Mr. MacNeill moved to approve Minutes No. 04-08. Mr. Greer seconded. Motion carried unanimously.
3. APPLICATIONS
A. Site Plan Approval Extension Request – Indialantic One Condominium 601 N Miramar Ave. (Site plan approval was originally granted January 22, 2002, a six month extension was granted July 23, 2002; a 2nd six month extension was granted January 16, 2003, a 3rd July 22, 2003 and a 4th December 30, 2003)
James Mayes, 3172 Tuscawilla Dr., Melbourne, advised that the construction plans had been submitted to the Town. He stated that the motel presently on site would be closed down this coming Friday and that the contractor was applying for a construction fence and demolition permit.
The Building Official reported that he had received a full set of construction plans and that they were under review.
Mr. Mayes clarified that all state permitting had been acquired except the FDOT permit that has been submitted pending the approval of the local building department.
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Mr. MacNeill moved to extend the site plan approval for an additional six months. Mr. Greer seconded. Motion carried unanimously.
(Ms. Watson arrived at this point.)
4. REPORTS AND DISCUSSIONS
A. Outdoor Lighting – Review, consideration and recommendation for prohibiting glare from lighting onto adjacent properties. (Requested by Town Council)
The Town Manager gave background explaining that an ordinance prohibiting glare in the residential districts had been considered by the Town Council in the past. He reported that the ordinance had failed on first reading by a 2-2 vote.
Mr. Chinault indicated that the Council has requested that the Board revisit the issue for comment and recommendations.
In answer to a question, Mr. Chinault stated that he was not aware of receiving any recent complaints.
Mr. McCaughin reported that it had received no complaints nor was it a problem in Cocoa Beach where he was formerly employed.
Mr. Chinault also reminded the Board that there are existing regulations concerning commercial properties and that this is not the issue.
Town Planner Ed Washburn pointed out an inconsistency in the draft ordinance language recommending that the terms “or public rights-of-way, streets or highways” be included in subsection (b)(3).
Mr. Washburn advised that the county does have lighting standards that are enforced using light meter equipment that necessitates specialized training. He added that most “resident to resident” issues are resolved quickly by those involved.
Mr. MacNeil gave background on the issue.
Mr. MacNeill supported an ordinance restricting glare defined as a matter of seeing the source of the lighting. He recommended exempting motion sensor timed security lighting and controlling glare by limiting the power of the source of the lighting to 60 watts.
Mr. MacNeill also felt that complaints were limited because the subject is not addressed in the code.
The Board discussed the issues of enforcement including cost and personnel, the subjectivity of the terms used in the ordinance and the impact on holiday lighting
Mr. Washburn questioned if the number of complaints warranted enacting an ordinance.
Mr. Kleving saw it as “micro-managing” residents’ business and questioned whether it would be worth the effort and expense involved. He indicated that in his experience in other cities, he had heard of very few complaints concerning residences.
In order to gauge interest in the issue, the Town Manager suggested publicizing the hearing in the newsletter to encourage the public to attend and express their views at the August meeting.
It was the consensus of the Board to place the issue on the August agenda.
B. Fences in C, C-1 and C-2 – Possibility of permitting decorative fences in front yards of commercial properties (Requested by Town Council)
The Town Manager gave background indicating that an unpermitted fence had been erected in the front of a commercial building and that Code Enforcement was addressing the issue.
Mr. Chinault indicated that such fencing is required for outdoor cafes but prohibited for decorative purposes. He also stated that the existing fence does not look bad and that the Council had requested the Board to determine the feasibility of changing the code to accommodate such fencing.
Mr. Chinault outlined some of the issues that would need to be addressed in permitting such fencing.
Mr. Kleving commented that what might work for one establishment might not necessarily work for all.
Dr. Tom Netter, 230 Fifth Ave., the property at issue, explained how the fence came to be erected and that it was a way to approve the curb appeal of his office. He stated that when he became aware that it was a violation, he had contacted Town Hall to determine if there was a way to bring it into compliance.
Dr. Netter also indicated that, if necessary, he would be willing to take the fence down.
Mr. MacNeill provided historical information on the reason for prohibiting fencing in front yards.
The Board discussed the possibility of allowing such fencing to enhance curb appeal and agreed that there would need to be severe limitations.
Mr. Chinault emphasized that this was dealing only with commercial properties.
Mr. Washburn suggested that the Board make a recommendation to the Council if they feel the issue has merit and abate the Code Enforcement process concerning Dr. Netter until the issue can be resolved.
It was the consensus of the Board to consider a draft ordinance at a future meeting.
C. Building Height and Grade – Draft Ordinance for discussion
Mr. McCaughin presented a draft ordinance and gave background on its origin.
He clarified that the ordinance is an attempt to create a single benchmark and clarify current code sections eliminating the many cross-references concerning building height. He also pointed out that he attempted to avoid creating non-conformities in existing buildings.
Mr. McCaughin illustrated how the draft ordinance might have applied to current and existing projects and raised some issues for further consideration.
The Board responded positively and agreed to table discussion to the next meeting to allow time to study the draft and come up with any suggestions or recommendations.
5. REPORT FROM BUILDING OFFICIAL
In addition to the statistical report, the Building official gave updates on current projects.
6. REPORT FROM TOWN PLANNER
Mr. Washburn provided an update on Indian Harbour Beach’s application for mixed-use zoning. He reported that the state would not permit the city to capture density from existing residential areas, using only the park areas. In his opinion, the outlook for the Town’s own attempt to apply for mixed-use would most likely not be approved because it increases the density of land use on the barrier island.
Ms. Watson received clarification on Code Sec. 17-2. (3)(a)(b) which reads:
(3) This chapter shall be construed to:
(a) Preserve and enhance the one‑family residential character of the town, making provision for such other uses as will contribute to this end; and,
(b) Prohibit such other uses as would be in conflict therewith, and strictly limit the intensity and extent of permitted uses, the intensification and expansion of which would detract from the predominantly one-family residential character of the town, impair property values, or disturb the sense of security of community character that is an inseparable part of the enjoyment of the ownership of property. (Code 1962, 28‑2)
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7. ADJOURNMENT
The meeting was adjourned at 6:50 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary