July 28, 2015

This material was filed under
[ Zoning and Planning Board - Meeting Minutes ]
July 28, 2015

TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
LOCAL PLANNING AGENCY/ZONING AND PLANNING BOARD
July 28, 2015, 5:30 PM Indialantic Town Hall
MINUTES NO. 15-06

MINUTES OF A ZONING AND PLANNING BOARD MEETING HELD IN THE INDIALANTIC TOWN HALL ON JULY 28, 2015

PRESENT Rick Bertel, Chairman
Mike McCabe, Vice-Chairman
Tom Kleving, Member
Edwin Mackiewicz, 1st Alternate
Tina Descovich, School Board Representative
Cliff Stokes, Building Official

ABSENT: Dan Sullivan, Member
John Estes, Member

1. CALL TO ORDER AT 5:30 PM

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

2. APPROVAL OF PRIOR MEETING MINUTES

A. Minutes 15-05 – February 24, 2015

Mr. Kleving moved to approve the minutes. Mr. Mackiewicz seconded. Motion carried unanimously.

3. APPLICATIONS

A. Site Plan Application – ABC Liquors, Inc., 300 N Miramar Avenue, Indialantic, FL 32903, Lots 12, 13, 14, and 15, Block 65 – Retail Building

John Kelly, engineer for ABC Liquors Inc., 300 N Miramar Avenue, Indialantic, FL 32903, Lots 12, 13, 14, and 15, told the Board that he was here to answer any questions they might have about the site plan.

Town Manager Christopher Chinault told the Board that he recommends approval subject to having approval from Council of a Stormwater Maintenance Agreement. The Town Manager also wanted to make the Board aware of three other issues from the staff which the Board was given in a memo dated July 10, 2015. The three issues are the type of architectural period theme, the size of the signs to be on the building and the glare from the light fixtures.

Steve Rivera, representing ABC Liquors, Inc., spoke to the Board about the light fixtures for the building and the parking lot. Mr. Rivera also spoke about the size of the signs they wanted to put on the building. They would like to put signs of forty-eight square feet rather than thirty-two square feet. Mr. Rivera brought several pictures showing existing ABC Liquor buildings.

Rex Weeks, construction manager for ABC Liquors, Inc., also spoke to the Board about the lights and signs that ABC Liquors would like to have on the building.

Mike Stafford, 120 Third Avenue, Indialantic, Florida, 32903, said he was concerned about the amount of traffic levels. Mr. Stafford said that there is too much traffic in the neighborhood now and it’s going to be increased with the opening of ABC Liquors.

Louis Postma, 112 Fourth Avenue, Indialantic, Florida, 32903, acquired about the closing times of the new ABC Liquor store and feels that the access should be from A1A.

Gary Van Zonneveld, 104 First Avenue, Indialantic, Florida, 32903, told the Board he wanted to bring up some points for them to think about. Mr. Van Zonneveld said he is concerned about the amount of traffic throughout the neighborhood. He said he believes that there will be double the amount of cars because ABC Liquors parking lot will be twice the size of their old store. He also told the Board that with people having parties, usually during holidays and having several drinks and might go back out to ABC Liquor to buy more drinks if they run out and now they are driving with several drinks in their system through the neighborhood.

Linda Postma, 112 Fourth Avenue, Indialantic, Florida, 32903, told the Board that she is worried about the amount of traffic accidents that have already occurred on Third Avenue and concerned that it will only increase with the new store. Ms. Postma is also concerned that all the extra traffic will be pushed into the neighborhood.

Chairman Bertel told the Board that many residents have voiced their concern about the amount of traffic that might occur in the residential areas since the access to ABC Liquors will be from Second Avenue and Third Avenue only.

Mr. Mackiewicz said he would like to see something in writing from FDOT about having an access located on A1A into ABC Liquors.

After discussion, the Board decided to table ABC Liquor’s site plan application until they confirm with FDOT about the access being on A1A.

B. Site Plan Application – Wendy’s, 205 S Miramar Avenue, Indialantic, Fl 32903, Lots 6, 7, 8, 9, 20, 21, 22, and 23, Block 38 – Restaurant

Nicole Weir, representing Wendy’s, 205 S Miramar Avenue, Indialantic, FL 32903, Lots 6, 7, 8, 9, 20, 21, 22 and 23, Block 38, told the Board that the building needed a facelift. Ms. Weir said they were removing the glass atrium and adding an outside eating area.

Town Manager Chinault told the Board that the Town recommends approval.

Mr. Kleving recommended to Ms. Weir that Wendy’s paints the parking stripes and the parking stoppers.

Mr. McCabe moved to approve the site plan as submitted. Mr. Kleving seconded. Motion carried unanimously.

4. REPORTS AND DISCUSSIONS

A. Resolution 15-09 regarding permit/application fees – to find consistent with the Town’s
adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land
Use Element of the Plan

Town Manager Chinault told the Board that he recommends that the application fee for a variance be increased from $225 to $325. He gave the Board examples of other cities and towns variance fees which were all larger then the current fee of $225.

Mr. McCabe moved to approve the increase of the variance fee to $350. Mr. Kleving seconded. Motion carried unanimously.

B. Ordinance 15-05 relating to grading and drainage – to find consistent with the Town’s
adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land
Use Element of the Plan

Town Manager Chinault explained to the Board that this ordinance is to simply fix some typos.

Mr. McCabe moved to approve Ordinance 15-05. Mr. Kleving seconded. Motion carried unanimously.

C. Ordinance 15-06 relating to opening soon, grand opening signs and banners – to find
consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1,
Objective 1, Future Land Use Element of the Plan

Town Manager Chinault told the Board that presently opening soon signs are not allowed. He said that the ordinance would allow for more flexibility for allowing the signs to be up for a longer period of time.

Mr. McCabe moved to not approve Ordinance 15-05 because it is not consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan. Mr. Mackiewicz seconded. Motion carried unanimously.

5. REPORT FROM BUILDING OFFICIAL

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

6. FUTURE AGENDA ITEMS

There were no future agenda items.

7. PUBLIC COMMENT

Linda Postma, 112 Fourth Avenue, Indialantic, Florida, 32903, gave her concerns and interpretation to the Board about Ordinance 15-07. Ms. Postma’s main concern was that the ordinance stated that the Town’s Planning and Zoning Board, sitting as the Town’s Local Planning Agency, has reviewed this Ordinance and found it to be consistent with the Town’s Comprehensive Plan. Ms. Postma said she did not see in any of the past agendas or minutes that the Board approved this ordinance.

Town Manager Chinault told Ms. Postma that he would look into it.

Louis Postma, 112 Fourth Avenue, Indialantic, Florida, 32903, told the Board that he feels the first reading of the Ordinance 15-07 was done fraudulently and under false pretenses. He also said that he feels since the Council voted on this ordinance at their last meeting that the ordinance should be fixed and done over again.

8. ADJOURNMENT

Mr. Kleving moved to adjourn the meeting at 7:36 pm. Mr. Mackiewicz seconded. Motion carried unanimously.

________________________
Rick Bertel, Chairman

________________________
Jennifer Small, Secretary