Brevard County, Florida 32903
November 23, 2004 5:30 PM Indialantic Town Hall
MINUTES NO. 05-02
MINUTES OF THE ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON NOVEMBER 23, 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
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. 05-01– October 26, 2004
Ms. Hay moved to approve Minutes No. 05-01. Vice Chairman MacNeill seconded. Motion carried unanimously.
3. REPORTS AND DISCUSSIONS
A. Review of Ordinance No. 05-07 – outlining fence requirements for outdoor cafes – for consistency with the Comprehensive Plan
Vice Chairman MacNeill moved to find Ordinance 05-07 consistent with the Comprehensive Plan. Ms. Hay seconded.
Ms. Watson thought that the purpose of the ordinance was to provide some continuity between decorative fencing in the commercial district and the outdoor café fencing.
Town Manager Chinault presented background information on the proposed ordinance, noting that these changes were being presented to make fence requirements more consistent and to clean up the reference to Code Sec 17-88 as it pertains to outdoor cafes.
Ms. Watson expressed concern that some other provisions of Code Sec. 17-88, e.g. setback requirements, would also be eliminated.
The Board discussed the purpose and structure of outdoor café fencing as opposed to decorative fences and how aesthetics might apply.
Motion to find Ordinance 05-07 consistent with the Comprehensive Plan Policy 1.1, Objective 1, Future Land Use Element carried unanimously.
The Board requested that the fence/hedge requirement for outdoor cafes be added to the agenda for the January meeting for further discussion.
B. Residential Glare – review of memorandum from Town Attorney
Mr. MacNeill supported the ordinance as a response to the proliferation of photo-cell driven mercury vapor and sodium vapor street light type security lighting
Town Planner Ed Washburn stated that, in his experience throughout the county, he has not come across a real problem with residential to residential glare.
Mr. MacNeill maintained that there have been no complaints because there is no ordinance.
The Board discussed the effect on holiday lighting and the problems with enforcement.
Based on the Board’s comments, Mr. Washburn recommended the following revisions to the proposed ordinance:
Sec. 10-29(3) – changing the number of visits required to determine a violation from 3 to 1 and amending the provision allowing 30 days to correct the violation to a “reasonable time as determined by the Code Enforcement Officer.”
Add subsection (c) – Holiday Lighting Exempt. All holiday lighting is exempt.
Mr. MacNeill moved to forward the proposed ordinance as amended to the Town Council. Ms. Hay seconded. Motion carried unanimously.
4. REPORT FROM BUILDING OFFICIAL
The Building Official presented his report in the new format.
Ms. Watson received clarification on the neon lighting on City Tropics Bistro.
Mr. MacNeill received clarification on the prohibition of bar-b-que stands in the C-2 district.
5. REPORT FROM TOWN PLANNER
Mr. Washburn had no report.
6. ADJOURNMENT
The meeting was adjourned at 6:45 PM.
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Tom Kleving, Chairman
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Barbara Brownlie, Secretary