Zoning and Planning Board

MINUTES

ZONING AND PLANNING BOARD February 28, 2017

A meeting of the Indialantic Zoning and Planning Board was held on Tuesday, February 28, 2017, in Indialantic Town Hall Council Chambers, 216 Fifth Avenue, Indialantic, Florida, as publicly noticed.

1. CALL TO ORDER:

Chairman Bertel called the meeting to order at 5:30 p.m.

PRESENT: Rick Bertel Chairman Mike McCabe Vice-Chairman John Estes Member Tom Kleving Member Dan Sullivan Member Edwin Mackiewicz 1st Alternate Wendy Grice 2nd Alternate Christopher W. Chinault Town Manager Cliff Stokes Building Official Joan Clark Town Clerk

2. APPROVAL OF PRIOR MEETING MINUTES:

A. Minutes 17-01 – January 24, 2017

* MOTION By Vice-Chairman McCabe to approve the minutes of January 24, 2017.

Mr. Kleving recalled he had left the meeting early, and requested this be reflected in the minutes.

The motion was seconded by Mr. Estes.

VOTE ON THE MOTION:

AYES: Bertel, McCabe, Estes, Kleving, and Sullivan

THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)

3. APPLICATIONS:

A. Site Plan Modification Application – Clayton A. Bennett, P.E., Bennett Engineering & Consulting, LLC – Windemere Inn, 805 & 807 S. Miramar

Zoning & Planning Board Minutes 17-02 Page 1 of 6 Avenue, Lots 11 through 14, Block 40, Plat of Indialantic by the Sea, ORB 3, Page 35 – Swimming Pool Addition to Existing Development.

Mr. Chinault advised this was a site plan modification for a swimming pool addition to an existing development. He stated that staff had no objections to the modification.

Mr. Estes questioned as to safety provisions. Mr. Chinault advised that the property owner would have to meet Health Department and DEP requirements, and was subject to obtaining a variance from the Board of Adjustment for construction beyond the Coastal Construction Setback Line.

Vice-Chairman McCabe asked if this would be constructed on pilings. Mr. Stokes advised it would. Discussion ensued with regard to construction.

* MOTION By Mr. Estes; Seconded by Mr. Sullivan, to approve the site plan modification application as recommended.

4. REPORTS AND DISCUSSIONS:

A. Review/discuss/approve Sidewalk Master Plan (postponed on January 24, 2017.)

Mr. Chinault recalled that this item had been postponed at the last meeting. He provided background information on the sidewalk planning process and noted that priorities for sidewalks were set as follows: (1) School access: South Palm Avenue and Grosse Pointe from SR-A1A to North Palm Avenue; (2) East/west connection for easier beach access; and (3) 200, 300, and 400 blocks of Sixth Avenue based on commercial activity.

He advised that sidewalk discussions originated with the Zoning & Planning Board in 2014.

Chairman Bertel noted that the vote on sidewalks had been postponed at the last meeting due to the lack of wanting to move forward. He referenced the number of emails received by Board Members and pointed out that there were a lot of people on the other end (against) of this issue.

Vice-Chairman McCabe advised that the sidewalk plan had been developed from the public meeting held on December 8, 2016. He pointed out that the plan was not set in concrete and could be modified now or in the future. Mr. Chinault

Zoning & Planning Board Minutes 17-02 Page 2 of 6 agreed, and advised that nothing would happen without Council approval and funding. He stated there was no sense in designing without a master plan.

Discussion was held with regard to foot traffic areas in Town.

Mr. Sullivan stated that this issue had taken on a life of its own.

* MOTION By Mr. Sullivan to abandon this plan.

THE MOTION DIED FOR LACK OF A SECOND.

Mr. Estes reiterated that sidewalks would not move forward without Council approval. Chairman Bertel noted that items approved by the Board go to Council. Mr. Chinault pointed out that the Zoning & Planning Board has been pro sidewalk and required ABC to install sidewalks. Mr. Estes agreed the Board had been pro sidewalk but noted that most people liked what the Town had. He believed the Town needed to listen to the community.

Discussion was held with regard to the sidewalk grant, current sidewalk usage, bicycle lanes, and handicapped accessibility.

Chairman Bertel opened the meeting to public comment.

Dave Berkman, 225 Eighth Avenue, stated that people were looking for bike paths; children ride their bicycles in the street. He believed there was a fundamental flaw in the study because it wasn’t based on observation.

Jim Powers, 206 Ormond Drive, expressed concern about costs associated with sidewalks to the Town and to property owners.

Sherry Jensen, 301 Seventh Avenue, stated she had emailed a petition with signature from 23 households (29 individuals) along Palm Avenue that opposed the installation of sidewalks. Data suggested 23 were opposed, 2 supported, and 2 were undecided or needed more information. Concerns included loss of privacy, noise, aesthetics, damage to sprinkler systems, loss of play area, and loss of area for parking.

Ms. Jenny Heptig, 240 Ninth Terrace, spoke against the installation of sidewalks and in favor of bike paths.

Mr. Loren Strand, 120 Ormond Drive, spoke against the installation of sidewalks, stating that people enjoy the Town they move freely in. He did not believe safety was an issue. He suggested the best pieces of the sidewalk plan be chosen and the rest rejected.

Zoning & Planning Board Minutes 17-02 Page 3 of 6 Mr. Vinnie Taranto, 313 Tenth Terrace, speaking as a handicapped person, stated he preferred to walk in the street because of the cracks in sidewalks. He noted there were pros and cons to sidewalks.

Ms. Gabrielle Strand, 120 Ormond Drive, stated that “not on my street” was the issue. She advised that residents used their front yards and many believed they were going to lose their front yard.

Ms. Sarah Webb, 401 South Palm Avenue, didn’t see the need for sidewalks; people don’t feel uncomfortable walking down the street.

Discussion was held with regard to the Board’s options in approving the plan (i.e. approve the plan but not as presented).

Mr. Kleving pointed out that no one seemed to be addressing the impervious area and the loss of drainage.

Vice-Chairman McCabe pointed out that they could white out everything except Sixth Avenue and still have a plan. Discussion followed regarding grant deliverables, Council consideration of the plan on April 12, 2017, and past accidents involving pedestrians.

* MOTION By Mr. Sullivan; Seconded by Mr. Kleving, to disapprove the sidewalk plan.

AYES: Bertel, Estes, Kleving, and Sullivan NO: McCabe

THE MOTION CARRIED 4 TO 1.

B. Review/discuss Resolution No. 17-06 relating to Section 6-11, Town Code, amending administrative fees for variances to cover additional costs incurred by the Town for radius packages from Brevard County, and find the amendment to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan.

Mr. Chinault advised that the Town was now required to purchase radius information from Brevard County. He advised that staff was asking for an increase in variance application fee from $350 to $400.

* MOTION By Vice-Chairman McCabe; Seconded by Mr. Kleving, to find Resolution No. 17-06 to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan.

Zoning & Planning Board Minutes 17-02 Page 4 of 6 THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)

C. Review/discuss Ordinance No. 17-08 amending Town Code Chapter 17, Article III, Variances, Section 17-141, by providing for the expiration of a variance under certain conditions. Find the amendment to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan.

Mr. Chinault advised that staff was trying to stave off what could become a problem over time. He explained that once obtained, a variance stayed with the land even if no action was taken by the property owner following approval. Ordinance No. 17-08 provided for the expiration of a variance if the owner changed his mind or took no action.

Chairman Bertel believed a twelve (12) month expiration might be too quick. Mr. Chinault pointed out that the property owner should be ready to proceed (i.e. have plans, etc.). Mr. Stokes believed one year was more than enough, and he pointed out that the variance would expire with the permit.

Ms. Grice questioned as to variances currently on the books. Mr. Chinault advised this ordinance would only affect new variances.

* MOTION By Vice-Chairman McCabe; Seconded by Mr. Estes, to find Ordinance No. 17-08 to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan.

AYES: Bertel, McCabe, Estes, Kleving and Sullivan

5. REPORT FROM BUILDING OFFICIAL:

A. Reports are included in packets for informational pages to the Board.

Mr. Stokes advised there were a few more houses coming in, and more houses coming down.

6. FUTURE AGENDA ITEMS:

No future agenda items were suggested at this time.

Zoning & Planning Board Minutes 17-02 Page 5 of 6 7. ADJOURNMENT.

* MOTION By Mr. Estes; Seconded by Mr. Sullivan, to adjourn.

The meeting adjourned at 6:50 p.m.

______Rick Bertel, Chairman ATTEST:

______Joan Clark, MMC, Town Clerk

Zoning & Planning Board Minutes 17-02 Page 6 of 6