Brevard County, Florida 32903
October 26, 2004 5:30 PM Indialantic Town Hall
MINUTES NO. 05-01
MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL OCTOBER 26, 2004.
Present: John MacNeill, Vice Chairman
Nancee J. Hay, Member
Dayle Ewald, 1st Alternate
Shannon Watson, 2nd Alternate
Mike McCaughin, Building Official
Ed Washburn, Town Planner
Barbara Brownlie, Secretary
Absent: Tom Kleving, Chairman
Rick Bertel, Member
Randall Greer, Member
1. CALL TO ORDER AT 5:30 PM
Vice Chairman John MacNeill called the meeting to order at 5:30 PM.
2. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 04-12– September 21, 2004
Ms. Ewald moved to approve Minutes No. 04-12. Ms. Watson seconded.
Ms. Watson requested that on page 2, paragraph 2 the phrase “under the 35’ height restriction” be inserted.
Motion to approve the minutes as amended carried unanimously.
3. REPORTS AND DISCUSSIONS
A. Review of Ordinance No. 05-01 – extending the sunset provision relating to hours of operation for certain outdoor cafes until December 31, 2005 - for consistency with the Comprehensive Plan
Ms. Hay moved to find Ordinance No. 05-01 consistent for discussion. Ms. Ewald seconded.
Ms. Watson was concerned that the ordinance was not consistent with the Comprehensive Plan as it is contrary to the low density residential character of the Town.
Mr. Washburn clarified how the land development regulations can be applied to consistency. He also pointed out that the Comprehensive Plan provides for commercial uses to serve the needs of the residents.
Ms. Watson pointed out that the ordinance as it stands provides for commercial and professional uses within restricted hours.
Ms. Ewald received clarification on the background for the change in the ordinance.
Mr. MacNeill felt the ordinance conflicted with Goal 1 of the Future Land Use Element as to how it benefits the residents.
Motion to find the ordinance consistent with the Comprehensive Plan failed with the following roll call vote: Ms. Watson - “no”
Ms. Ewald - “no”
Ms. Hay - “no”
Mr. MacNeill - “no”
Ms. Watson moved to find Ordinance No. 05-01 not consistent with the Comprehensive Plan Goal 1, Objective 1, Policy 1.1, Future Land Use Element. Ms. Hay seconded. Motion carried unanimously.
B. Review of Ordinance No. 05-02 – extending the sunset provision relating to the maximum size for transient signs until December 31, 2005 - for consistency with the Comprehensive Plan
Ms. Hay moved to find Ordinance No. 05-02 consistent for discussion. Ms. Watson seconded.
Mr. MacNeill provided background on the ordinance.
The Building Official stated that he has received no complaints on transient signs other than that some have not been permitted.
Ms. Hay questioned the conformity of certain businesses with large window spaces.
Mr. Washburn clarified that the criteria appears to be the visibility from the road.
Ms. Watson questioned the purpose of the 14’ height restriction feeling it might be better to have signs displayed higher than eye level to prevent blocking vision.
Ms. Ewald received clarification on the permitting process and enforceability from the Building Official.
Mr. MacNeill favored the ordinance as it limits signage in a reasonable fashion.
Ms. Hay amended the motion to find Ordinance No. 05-02 consistent with the Comprehensive Plan Goal 1, Objective 1, Policy 1.1(d), Future Land Use Element. Ms. Ewald seconded. Motion carried unanimously.
C. Review of Ordinance No. 05-03 – amending Sec. 17-88 by allowing decorative fences within the front yard areas of commercial properties - for consistency with the Comprehensive Plan
Ms. Watson moved to find Ordinance No. 05-03 consistent with the Comprehensive Plan for discussion. Ms. Hay seconded.
The Board commended Mr. McCaughin on the extensive work he had done on drafting the ordinance.
Mr. MacNeill reported that the Council had discussed increasing the permitted height to allow for finials.
It was the consensus of the Board to leave any amendments up to the Council.
Motion to find Ordinance No. 05-03 consistent with the Comprehensive Plan Objective 1, Policy 1.1, Future Land Use Element carried unanimously.
D. Set date for workshop with Town Attorney – Wednesday, November 10 at 5:30 pm or Monday, November 15 at 5:30 pm
It was the consensus of the Board to hold the workshop on Monday, November 15 at 5:30 PM.
4. REPORT FROM BUILDING OFFICIAL
Mr. McCaughin reported that the new data system was now operational and that significant changes would be made in the monthly reports.
Mr. MacNeill pointed out that the Council had waived permit fees for hurricane related damage through December 31, 2004.
Mr. McCaughin also presented a rendering for renovations to a business on A1A.
It was the consensus of the Board that, since the renovations only involved changes to the façade and did not affect the footprint, it could be handled by the Building Official.
5. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
Mr. MacNeill brought up the fact that the Zoning Board comments do not always reach the Council and sought a way to address the issue.
It was the consensus of the Board to request that the Council address this issue as an agenda item.
7. ADJOURNMENT
The meeting was adjourned at 6:35 PM.
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John B. MacNeill, Vice Chairman
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Barbara Brownlie, Secretary