Brevard County, Florida 32903
August 24, 2004 5:30 PM Indialantic Town Hall
MINUTES NO. 04-11
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL AUGUST 24, 2004.
Present: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Randall Greer, Member
Nancee J. Hay, Member
Dayle Ewald, 1st Alternate
Shannon Watson, 2nd Alternate
Mike McCaughin, Building Official
Ed Washburn, Town Planner
Barbara Brownlie, Secretary
Absent: Rick Bertel, 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. 04-10– July 27, 2004
Ms. Hay moved to approve Minutes No. 04-10. Mr. MacNeill seconded. Motion carried unanimously.
3. APPLICATIONS
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance No. 04-12 – Amending Sec. 17-106.3(5) relating to political signs for consistency with the Comprehensive Plan
The Town Manager clarified some of the provisions questioned by the Board.
Mr. MacNeill gave background explaining that the ordinance had been amended in February 2004 based on Attorney Gougelman’s report on a court decision finding time restrictions on political signs were a violation of free speech rights.
Mr. MacNeill reported that Mayor Trott had requested that the changes be revisited based on the clutter evident throughout the Town and that the Council approved the ordinance by a 3-2 vote.
Ms. Hay pointed out the inconsistency of three different time periods for specific types of signs.
Town Planner Ed Washburn also recommended a single time period to eliminate confusion and make enforcement less difficult unless there was some legal reason for their inclusion.
Mr. MacNeill moved to find Ordinance 04-12 consistent with the Comprehensive Plan Policy 1.1 Objective 1, Future Land Use Element. Mr. Greer seconded.
Motion carried with Mr. Kleving, Mr. MacNeill, Mr. Greer and Ms. Ewald voting “yes.” Ms. Hay abstained.
It was the consensus of the Board to request that the Council be informed of the enforcement difficulties associated with the different amount of times.
B. Decorative Fences in C, C-1 and C-2 – Draft Ordinance for discussion
Ms. Ewald questioned whether permitting front yard fences for residences located within the “C” zone would open the door to allowing such fences in the residential zones.
The Town Manager clarified that the issue deals with zoning classification and not use and could result in some discrepancies.
Ms. Watson pointed out that outdoor café fencing is not subject to the same regulations and perhaps should also be included.
Ms. Watson requested that a discussion of outdoor café fencing be placed on the next agenda.
Mr. MacNeill noted that the outdoor café fencing is actually structural and more massive than a decorative fence to provide protection.
Mr. McCaughin provided the Town color chart and the Board discussed the matter extensively.
Cliff Cook, 401 N Riverside Pl., addressed the color issue.
It was the consensus of the Board to limit the color to the single lightest color on each panel of the Sherwin-Williams Company’s Colors Sample Chart or white.
The Board also agreed to amend 17-188 (2)(b) to include vegetation.
Mr. MacNeill moved to approve the draft as amended and with the color stipulation. Ms. Hay seconded. Motion carried unanimously.
The Building Official will present the final draft at the September meeting.
C. Residential Glare
Mr. MacNeill gave background pointing out that, since no ordinance exists, people who are bothered by this issue have no recourse. He maintained that the same restrictions in effect for commercial properties should be carried over to residential properties with certain exemptions.
Mr. MacNeill claimed it is a matter of aesthetics of the community and a quality of life item.
Ms. Hay also mentioned that she experiences a problem with neighbors’ lights but does not feel comfortable approaching her neighbor.
The Board discussed the difficulties of enforcement and the setting of a standard to determine a violation.
Mr. Kleving commented that he had reluctance with passing ordinances to cover every discomfort that might exist and did not consider this a prominent problem. He also noted that the issue had been before the Council twice with no action.
Cliff Cook explained that he had requested that the Board review the issue because of complaints he had received as a Councilman. He also considered it a quality of life issue and noted other small towns throughout Florida do have such ordinances on the books. Mr. Cook specifically objected to bright mercury vapor lights on photocells that shine every night from dusk to dawn.
Gabrielle Strand, 120 Ormond Ave., agreed it would be helpful if there were a process in place to address a complaint.
Mr. MacNeill said that approaching a neighbor to resolve the problem can lead to mixed reactions and supported requesting that the Council again review an ordinance.
Mr. Washburn, reviewing ordinance 00-08, thought that the code could be enforceable after one visit and not the three as stated. Mr. Washburn also felt that most people would comply if there were something on the books.
The board discussed how to get away from the subjectivity of using the term “visual discomfort” as a standard.
Mr. Cook suggested using the term “spillover lighting.”
The Town Manager clarified that the charge from the Council was to request that the Zoning Board re-review and update Ordinance 00-08.
Mr. Cook brought up including an exemption for holiday lighting as it was a concern with the Council.
It was the consensus of the Board to request that the Town Manager obtain the opinion of the Town Attorney on amending Ordinance 00-08 to exempt holiday lighting, to determine if three visits was legally necessitated and to include police or Town Manager designee as those able to cite a code violation.
Mr. MacNeill also suggested exempting motion sensitive security lighting and the Board debated the necessity.
It was the consensus to review Ordinance 00-08 with the attorney’s opinions at the September meeting.
5. REPORT FROM BUILDING OFFICIAL
In addition to his monthly statistics, Mr. McCaughin gave updates on on-going projects.
In response to a question from last month, Mr. McCaughin reported that the second floor at City Tropics had been permitted by two prior building officials for office space during the construction process.
Ms. Hay received an update on 1010 Wavecrest.
Mr. Cook raised the issue of the pumping station at 2nd and Riverside and the Building Official indicated it was a county project. The Town Manager directed the Building Official to cite the property owner of the staging area containing the POD.
Ms. Watson questioned how the second floor at City Tropics was permitted without going through the Board and how that situation could be prevented in the future.
Mr. Chinault suggested that the rationalization lies in the documentation of several different building officials over the construction period and that without contacting them we cannot know what actually transpired.
Ms. Watson requested that the Building Official look into how the neon lighting at City Tropics was permitted and report at the next meeting.
6. REPORT FROM TOWN PLANNER
Mr. Washburn left the meeting earlier due to a prior commitment.
7. ADJOURNMENT
The meeting was adjourned at 7:05 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary