Brevard County, Florida 32903
February 22, 2005 5:30 PM Indialantic Town Hall
MINUTES NO. 05-05
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 22, 2005.
PRESENT: Tom Kleving, Chairman
John MacNeill, Vice Chairman
Rick Bertel, Member
Randall Greer, Member
Nancee J. Hay, Member
Shannon Watson, 2nd Alternate
Ed Washburn, Town Planner
Christopher Chinault, Town Manager
Barbara Brownlie, Secretary
ABSENT: Dayle Ewald, 1st Alternate
Mike McCaughin, Building Official
This meeting was tape recorded. Records are indexed and filed for ready reference where such have been summarized in typed minutes.
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. 05-04– January 25, 2005
Ms. Hay moved to approve Minutes No. 05-04. Mr. MacNeill seconded. Motion carried unanimously.
3. APPLICATIONS
4. REPORTS AND DISCUSSIONS
A. Review of Ordinance 05-08 - Amending Sec 17-131 by changing “dwellings” from a permitted use to a prohibited use in the C-2 zoning district – for consistency with the Comprehensive Plan
The Town Manager provided background pointing out that the ordinance cleans up the Code and makes it consistent with the Comprehensive Plan.
Mr. MacNeill disclosed that he had seen the property and spoken to the owner of the building housing existing apartments in the C-2 district and he questioned the effect of the change in that particular situation.
The Town Manager advised that any existing dwellings would be grandfathered in as a non-conforming use. However he pointed out that, according to the Building Official, these units were being rebuilt as office space and, if so, would not be permitted to revert back to residences at any future date.
Mr. Bertel questioned whether this provision would preclude allowing mixed-use in the future.
Town Planner Ed Washburn clarified that the DCA would not permit an increase in density in Indialantic under the existing circumstances.
Mr. Washburn pointed out that the Comp Plan is the controlling regulation regardless of what the Code states and that the State requires the Code to conform to the Comp Plan.
Djon Pepaj, 1000 N Riverside Dr., questioned the land use before the Comp Plan was adopted.
Mr. Washburn advised that if 50% of a non-conforming structure is destroyed that structure must be rebuilt to conform to Code.
Mike Gunn, 109 S Miramar and owner of the building in question, clarified that the second floor unit was not entirely destroyed by the hurricane and that he is repairing it as an apartment.
Ms. Watson recommended changing the word “dwellings” to “residences” to avoid confusion and for consistency in the Code.
Ms. Hay moved to find Ordinance No. 05-08 consistent with the Comprehensive Plan Objective 1, Policy 1.1, Future Land Use Element. Mr. Greer seconded.
Motion carried with Mr. Kleving, Mr. Greer and Ms. Hay voting “yes.” Mr. Bertel and Mr. Mac Neill voted “no.”
B. Review of Code Sec 17-106.4(10)(a) – Private parking lot signs permissible only in black and white – Requested by Council
The Town Manager gave background explaining that code regulating these signs is very specific allowing for only black ad white. He related that the Council had requested the Board consider the issue to determine if signs matching the color of the building might be permissible.
Mr. MacNeill stated that there are many existing non-conforming signs and that he favors architectural and color consistency rather than black and white.
Ms. Watson pointed out that no materials for such signs were specified in the Code. She favored allowing colors but recommended establishing an architectural review committee to determine what would be acceptable.
Mr. MacNeill stated that he did not support putting more restrictions on businesses in Town.
Mike McCabe, 900 S. Miramar, brought up other considerations including uniform regulatory signs, size, height and illumination.
Mr. MacNeill recommended striking “black and white only” from the Code and not specifying materials.
Ms. Watson again stressed the need for an architectural review committee to develop a long range plan.
Mr. Kleving failed to see a need to change the Code for one person who might have a problem and favored leaving the wording as it is.
Mr. MacNeill moved to recommend leaving the Code as written. Ms. Hay seconded. Motion carried unanimously.
C. Review of Draft Ordinance amending Code Sec. 17-132(11) – Outdoor cafes
Mr. MacNeill summarized the changes in the draft ordinance.
Djon Pepaj commented that the ordinance is too limiting in the 50% open requirement and the choice of materials.
Mr. Washburn advised that it is more difficult to write an ordinance listing only non-permitted materials and that an architectural review board could provide for more flexible regulations. However, he added that it is difficult to find qualified members to serve on such a board.
Ms. Watson again stressed the importance of forming an architectural review committee to allow business owners to optimize their property within the confines of the Town’s vision.
After some discussion, Mr. Kleving stated that this is an issue for Council and not the Zoning & Planning Board.
Mike Gunn suggested listing prohibited materials in the ordinance.
Dave Berkman, 225 8th Ave., recommended reconsidering glass.
Mike McCabe provided historic information on outdoor café fencing concerns.
Ms. Watson recommended specifically referencing that construction must meet the Florida Building Code to provide for consistency and ease of use for residents.
The Board agreed to the following changes:
(b) Fence construction must provide at least 50% visibility
(d) include “tempered glass and lexan” after ”metal”
add “Other non-prohibited materials can be considered by the Board.”
Mr. MacNeill moved to forward the draft ordinance as amended to Council. Ms. Hay seconded. Motion carried unanimously.
D. Discussion of parking requirement for outdoor cafes as it relates to occupancy– requested by Ms. Ewald
Due to Ms. Ewald’s absence, this item was tabled to the March meeting.
5. REPORT FROM BUILDING OFFICIAL
In response to a question from Mr. Kleving, the Town Manager stated that staff would recommend to Council that permit fees for hurricane damage be waived for an additional 90 days after the March 31, 2005 expiration.
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