Brevard County, Florida 32903
November 25, 2003 5:30 PM Indialantic Town Hall
MINUTES NO. 04-02
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON NOVEMBER 25, 2003.
Present:
Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Randall Greer, Member
Nancee J. Hay, 1st Alternate
Ed Washburn, Town Planner
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
Absent: Michael Melhado, Member
Keith Mauter, 2nd Alternate
1. CALL TO ORDER AT 5:30 PM
Chairman Kleving called the meeting to order at 5:30 PM.
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2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 04-01– Regular Meeting – November 4, 2003
Ms. Hay moved to approve Minutes No. 04-01. Mr. MacNeill seconded. Motion carried unanimously.
3. APPLICATIONS
A. Site Plan Approval Extension – One 8th Ave – Condominium Project – submitted by Magnolia Key Development, LLC, The Cochran Group (Site plan was originally approved May 27, 2003)
Attorney Phillip Nohrr, 1800 W Hibiscus Ave., represented Magnolia Key.
Attorney Nohrr advised that the project had received DEP notice to proceed and that architectural and mechanical plans had been submitted. He said his client was waiting on the structural plans that have been delayed due to a change in engineers.
Attorney Nohrr verified that no changes had been made to the approved plans.
Mr. MacNeill moved to grant a six month extension for the site plan approval. Ms. Hay seconded. Motion carried unanimously.
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance 04-01 amending Sec.17-106.4(6)(f) relating to transient signs for consistency with the Comprehensive Plan
Councilman McCabe, 900 S Miramar Ave., clarified that the ordinance had been revised to include a height limit consistent with other provisions of the code.
Mr. MacNeill moved to find Ordinance 04-01 consistent with the Comprehensive Plan Policy1.1, Objective 1, Future Land Use Element. Ms. Hay seconded. Motion carried unanimously.
B. Review of Code Sec. 17-126 – Adding Mixed Use to Zoning Code
Town Planner Ed Washburn explained his cost memo and again outlined the difficulties in dealing with the Department of Community Affairs regulations.
He also provided an update on a similar proposal in Indian Harbor Beach that, at this point, remains unresolved.
Mr. Washburn reiterated that the potential impact of the increased density must match a bank of units from which to draw.
The Board discussed finding the “bank” units as well as the impact on parking and police and fire protection.
Mr. Washburn pointed out that it was difficult to do mixed use on small parcels.
It was the consensus of the Board to monitor the progress in Indian Harbor Beach and table discussion to the February meeting.
C. Assisted Living Facilities – response from Attorney Gougelman
The Board discussed Attorney Gougelman’s memo and Mr. MacNeill pointed out that on page 31 in the second paragraph the term “Director of Community Development” should be replaced with “Building Official.”
Town Manager Chinault explained that the Town is restricted as to how they can address the assisted living facilities and maintained that changes need to occur at the state level.
Mr. Chinault gave background on the situation on Melbourne Ave.
Karen Turja, 303 Melbourne Ave., enumerated the restrictions Mr. Gougelman had suggested and urged they be adopted to strengthen the code. Ms. Turja viewed the “little” rules as deterrents to establishing such facilities in residential neighborhoods.
Mr. Chinault clarified that assisted living facilities cannot be restricted to multi-family zones based on state legislative action.
Mr. Washburn pointed out that changing the code would not affect the existing structure, as it does not meet the definition of an assisted living facility.
Mr. Chinault stated that the present situation would be referred to the Code Enforcement Board prosecuting attorney to determine any relief.
The Board agreed that Mr. Chinault, the Town Attorney and the Town Planner work on language to include more restrictions in the Code and bring it back to the Board.
The following members of the public addressed the issue:
Don McGee, 224 Melbourne Ave
Ken Turja, 303 Melbourne Ave
Marilyn Penn, 223 Melbourne Ave
Lisa Luthy, 1101 S Shannon
The Town Manager clarified for Mr. Bertel that the existing problem is an issue for the Code Enforcement Board.
Mr. MacNeill recommended tightening the code and then turn it over to the Code Enforcement Board to do their job.
D. Amending Code to require that residential site plans be reviewed by the Zoning & Planning Board – requested by John B MacNeill
Mr. MacNeill commented on discrepancies in the way different Building Officials had permitted certain properties. He pointed out that prior to 1994 the Zoning Board did review residential site plans and suggested that the Board again review conceptual site plans to determine the footprint of the building in order to keep the code consistent.
Mr. Kleving commented that the best defense for the Town codes is a good building official, building department and Town Manager.
Mr. MacNeill requested documentation on the code change in 1994.
The Board discussed the delay this might cause to an applicant.
The Town Manager pointed out that if the Board approves plans, there would be no latitude for staff to approve administrative or minor changes.
In Mr. Washburn’s opinion, reviewing the plans would slow down the process and create more problems than the Board needs.
The Board agreed to look at the history of the provision.
E. Regular Meeting scheduled for December 23, 2003 – reschedule or cancel
The Board agreed to cancel the December meeting and schedule an early January meeting if necessary.
5. REPORT FROM BUILDING OFFICIAL
6. REPORT FROM TOWN PLANNER
7. ADJOURNMENT
The meeting was adjourned at 7:05 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary