1974.09.19_PB_Minutes_RegularF'ATTACHMNTS 11A1i , 11Bu 1 ffcff, , I'D" , uEli , IfFil , 11G11. ff„ �
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MINUTES: PLANNING COMMISSION -SPECIAL MEETING -PUBLIC HEAR
THE CONSIDERATION OF THE PLANING COMMISSION'S FINAL REPORT -
ZONING, HELD SEPTEMBER .19, 1974.
Present were:Chairman Kemery,Messrs.Genovese,Johnson and Boscove.
Chairman Kemery called the meeting to order at 1:18 P.M., advising this
is a special meeting "Public Hearing" called for the consideration of
the Planning Commission's final report of Zoning, with due public notice
having been given on August 31, 1974, and September 13, 1974, in the
Boca Raton News, copies of the affidavit of publications and affidavit
of posting of the notice, and agenda, are attached. (See Attachments
"A" and "B".)
Chairman Kemery advised that if there was no objection, the proposed
Zoning Report would be read in its entirety. Immediately following the
reading, Chairman Kemery called for a five minute recess. The meeting
was again called to order at 4:10 P.M. Chairman Kemery asked for comments
or questions from the audience.
Mrs. Hauck,in audience, speaking on her own behalf and for Attorney
John Hyland, voiced an objection to the changes which would affect
the property identified as "Lots 16, 20, 21, 22, (RA-2, Russell Drive,
north side), a total of six lots." (The six include 18 and 19 ---not
mentioned by Mrs. Hauck at hearing.) Mrs. Hauck said she was pleased
with the 15' side set backs - 2 story. The limit of 3 units instead of
4, adding cost factor and increase of interest costs was objected to,
and the need for 4 units was stressed. A prolonged discussion ensued
with Mrs. Hauck and the members of the Planning Commission, involving
the proposed property limitations and resulting effects thereof. Chair-
man Kemery suggested a new building design to eliminate the "box de-
sign" of structures.
Colonel Johnson then stated "There are a number of areas in here which
both as a private citizen and property owner,. and
a Trustee of the Civic League, I should like to bring to your attention.
I will enumerate the areas of question."
Colonel Johnson discussed Section 5.5 e), (Height increases) and the
paragraph dealing with minimum rear yard footage, (5.13, b.8), with
Chairman Kemery, Attorney Sliney and Mr. Boscove, in depth. Colonel
Johnson indicated he felt the ratios as shown in the Table of Maximum
Densities (5.17 h), (Col. Johnson identified the paragraph as 15.17,
Page 28), were too high; in addition, he asked for a spelling out of
the details of the advantages of Paragraph 2, 6.1. (page 29) "In view
of the substantial public advantages..." Colonel Johnson considered
it more advisable to have more specific time limitations established
by the Town Commission and referred to Paragraph 3, Section 6.4.c..
The discussion continued, including reference to Section 9.3.b), (Pg.43),
(concerning variances and due notice required for public hearings).
Colonel Johnson questioned the application to variances. On Section
11, (Duties of Administrative Official, Board of Adjustment, CAB,
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MINUTES: PLANNING COMMISSION -SPECIAL MEETING -PUBLIC HEARING CALLED
FOR THE CONSIDERATION OF THE PLANNING COMMISSION'S FINAL
REPORT - ZONING, HELD SEPTEMBER 19, 1974.
Town Commission, and Courts) questioning the recourse of the petitioner
if approval is denied, Mr. Sliney, Town Attorney advised court action
could be taken in that event. Colonel Johnson, referring to Section
14.5 (Expiration of Building Permit), asked if authority should be
vested in the Zoning Administrative Official. The members of the
Commission agreed it should be. This concluded Colonel Johnson's
comments.
Mr. Milani, in audience, debated the effect of the proposed Zoning
changes on the future development of property now owned by him in
Highland Beach and requested changes in Zoning to allow his property
a PUD classification.
Ms. Merry Price, representing Morgan Schubert, discussed• the present
new RM3 rating, as it pertains to Lots 123 and 124, Ocean Terrace,
stating they were happy with the change and thanked the Commission
for the time and effort extended in completing the Proposed Zoning
Report.
Mr. Gibson questioned the effect of the proposed Zoning on his Lots
Nos. 21 and 22, in Bel Lido. The discussion following provided Mr.
10 Gibson with a more definite picture of the results as pertained to
his property.
Mrs. Crispi spoke of the proposed change from RM to RA; applicable
to Lots 5 and 6, Block 2, Bel Lido, and the effect upon plans for
future development of the property.
Mrs. Stewart discussed the contents of Paragraph 2. 9.2, (Special
Exceptions), in connection with the Board of Adjustment.
Colonel Hauck, Secretary of the Highland Beach Civic League, then
thanked members of the Planning Commission for their efforts and
expressed his appreciation of the work involved in connection with
the Zoning Report.
Chairman Kemery called for a recess of the Public Hearing until
7:30 P.M. on Thursday, September 19, 1974. Mr. Boscove moved to
recess, Mr. Genovese seconded. Chairman Kemery, Messrs. Genovese,
Boscove, and Johnson, voted Aye. The meeting was recessed at 5:35 P.M.
0 Chairman Kemery again called the Special Meeting to order at 7:35 P.M.
ATTACHMENTS "A",1113", licit, lrDlr , ItEli , IfF,lr , I'G11
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MINUTES: PLANNING COMMISSION -SPECIAL MEETING -PUBLIC HEARING CALLED
FOR THE CONSIDERATION OF THE PLANNING COMMISSION'S FINAL
REPORT - ZONING, HELD SEPTEMBER 19, 1974.
A second roll call was made.
Present: Chairman Kemery, Messrs. Genovese, Boscove,
Schober and Johnson.
Absent: Dr. Guelzow and Mr. Wilcox.
Attorney Sliney presented Page 3 (a), Districts RS, RA, RM, TR, RPUD,
MS, (ATTACHMENT "C"). Following a reading of Section 3, District; a
general discussion of the contents ensued. Mr. Boscove offered the
motion to accept Section 3.1, with changes as submitted. Mr. Genovese
seconded and all members of the Commission voted their approval.
Mrs. Stewart in audience commented on paragraph three (3), Section 3,
"Districts", in connection with the wording "residence hotels and motels".
Mr. Boscove moved to change paragraph three (3), RM, (Page 3 b), to
be amended as read into the record. Mr. Johnson seconded, Chairman
Kemery, Mr. Boscove, Mr. Schober and Mr. Genovese voted Aye, the
motion was passed unanimously.
Clarification of paragraph 3 RM (a), Section 3, "professional service
is establishments"; Page 3 (c) and Paragraph 3 RM (b), Section 3, Page
3 (c), "private clubs", under Special Exceptions, was requested by
Mr. Totz, representing Mr. Urbanek; and by Mr. Milani. A general
discussion followed. The motion was offered by Mr. Boscove to accept
Paragraph 3 RM (b), amended to read "Residence Motels and Residence
Hotels". Mr. Genovese seconded the motion. Polling the Commission,
all members voted Aye. The motion was passed unanimously.
Changes in Section 1.1, Official Zoning Map, were suggested by Mr.
Boscove, who moved to accept changes as read. Chairman Kemery seconded
the motion. Voting Aye, were Chairman Kemery, Messrs. Genovese,
Schober, Boscove and Johnson. The motion was unanimously approved.
Changes on the following pages of the Zoning Report were discussed
and approved.
Page 13. Delete "Town Board", (5.10 b para. 4). Insert
"Zoning Administrative Official".
Page 22. Delete 3 a (5.13, 5 (v) line 3), insert 5.iv.
Page 23. Delete 5.13 b 4, insert new paragraph as read.
Page 25. Delete " 12" , (5.15 d) , 1 i) , insert " 16" , line
three (3). 5.15 b) Delete "Town Clerk" add
-Zoning Administrative Official".
•ATTACHMENTS "A", "B", "C", "D", "E", "F", "G". Page -4- ,
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MINUTES: PLANNING COMMISSION -SPECIAL MEETING -PUBLIC HEARING CALLED
FOR THE CONSIDERATION OF THE PLANNING COMMISSION'S FINAL
REPORT -ZONING, HELD SEPTEMBER 19, 1974.
Page 26. Insert "of the Code of Ordinances" (5.16 b) 4).
Page 28. Delete "h", delete paragraph seven (7), insert
"h", preceding paragraph seven (7). Insert
new paragraph in caps.
Page 31. 6.4 (2) (a), Following a discussion of re wording
of Section 5.19, the motion was made by Mr.
Boscove to approve Mr. Sliney's outline for a
suggestion for a Unity of Title provision, said
provision to be furnished the Secretary of the
Planning Commission prior to transmittal of the
Proposed Zoning Report to the Town Commission.
(ATTACHMENT "D" . )
Page 31. 6.4 b), add "to execute a Unity of Title
Declaration (See Section 5.19) where such is
deemed necessary by either the Planning Com-
mission or the Town Commission, and".
Page 35. Delete 6.5 (c) and (d), insert 6.5 (c) only.
Insert "and RM-3", Line six (6). Motion made
by Mr. Boscove seconded by Mr. Kemery, all
members of Planning Commission present, voted
Aye.
Page 36. Delete paragraph 6.7 c), insert new paragraph
with "RA", line one (1), line three (3), and
line six (6).
Page 37. 7.2. Change line one (1) to read "In RS and RA
Districts".
Page 42. 9.2 a). Delete words following "Planning Com-
mission", and add "or any other appropriate
agency in all cases involving requests for
special exceptions."
A discussion of the inclusion of the official survey map by Chairman
Kemery, Messrs. Boscove, Johnson, Genovese, Mr. Sliney, Ms. Stewart
and Ms. Ciomei followed. The origin of the title and description of
the Easterly Survey Line was covered. Mr. Schober advised that the
• rock shelf located approximately 50 feet off shore, protects the shore
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FOR THE CONSIDERATION OF THE PLANNING COMMISSION'S FINAL
REPORT -ZONING, HELD SE PTEMBER 19, 1974.
line. Chairman Kemery questioned the advisability of having planned
planted vegetation to afford protection to the beach. Mr. Schober was
of the opinion that it would not be advisable.
Mr. Boscove offered the motion to adopt Section 15.24 Definitions
describing the vegetation line, as follows;
"The Easterly Survey Line coincidental with the vegetation
line existing in 1959 shall be considered the basis for
determining a safe building and/or seawall line on the
dune of the ocean ridge in the Town of Highland Beach."
Mr. Genovese seconded the motion. Chairman Kemery Messrs. Boscove,
Genovese, Schober and Johnson voted Aye. The motion was unanimously
approved.
The motion was made by Mr. Boscove to delete the words following "90
days", line five (5), paragraph two (2) of 13.3, and insert "after
the public hearing (unless a longer period has been agreed upon by
the Town Commission) shall be deemed approval by the Planning Commission."
• Mr. Schober seconded, all members of the Commission voted their ap-
proval. The motion was passed unanimously.
Mrs. Stewart initiated a discussion on Section 5.2 a), (2). It was
the consensus of the members of the Commission that no change be made.
Mr. Milani addressed the Chairman and members of the Commission,
stating his intentions as concerned the development of property owned
by him in Highland Beach.
Mr,. Totz, representing Mr. Urbanek, noted the change from RM 30, to
RM 2A, which affected Lots 93, 94, 88, 95, 96 and 97. Discussion
followed. At this point Chairman Kemery asked for further comments
or questions. No further comments or questions were offered by the
members of the Planning Commission or audience and it was the consensus
of opinion that it would be in order to approve the text as amended
to be their Final Report -Proposed Zoning Ordinance. Chairman Kemery
then asked for a motion to approve the Proposed Zoning Ordinance as
amended. Mr. Boscove so moved, Mr. Schober seconded. Mr. Genovese,
Mr. Johnson, Mr. Boscove, Mr. Schober and Chairman Kemery voted Aye.
The motion was approved unanimously.
isMrs. Ciomei read the Letter of Transmittal as amended by the record.
(Attachment "E".) Mr. Genovese offered the motion that Mrs. Miller
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MINUTES: PLANNING COMMISSION -SPECIAL MEETING -PUBLIC HEAR-ING CALLED FOR
THE CONSIDERATION OF THE PLANNING COMMISSION'S FINAL REPORT-ZONING-9/19/74
be designated Secretary pro tem, to sign the Transmittal Letter in
the absence of Mr. Gaylord Wilcox, Planning Commission Secretary.
• Mr. Boscove seconded. All members voted Aye, the motion was passed
unanimously.
The motion to adjourn the Special Meeting was made by Mr. Boscove and
seconded by Mr. Johnson. Chairman Kemery, Messrs. Boscove, Genovese,
Schober and Johnson voted. Aye. The meeting was adjourned at 10:05 P.M.
The foregoing as read, meets w;t'h f*hP nnnrnval of
• Chairman Kemery called the Regular Meeting of the Planning Commission
to order at 10:10 P.M.
Present were: Chairman Kemery, Messrs. Boscove
Johnson, Genovese and Schober.
Chairman Kemery advised the usual order of business would be dispensed
with and the matter of the petition of Boca -Hi would be considered.
The letter dated September 5, 1974, (Attachment "F"), from Mr. Richard
B. Rodgers, President, Boca -Hi, Inc., and addressed to the Planning
Commission, Town of Highland Beach, was read. The motion was offered
by Mr. Boscove for a letter requesting their representative to be
present at a Workshop and Regular Meeting to be held on October 17,
1974, at 7:30 P.M. at the Town Hall, Highland Beach, Florida, to be
sent to Boca Hi, Inc. Mr. Schober seconded the motion. Chairman
Kemery, Messrs. Boscove, Johnson, Genovese and Schober voted Aye.
The motion was passed unanimously. (Attachment "G".)
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ATTACHMENTS "A", "B", "C", "D", "E", "F", "G". Page -7-
MINUTES: PLANNING COMMISSION -SPECIAL MEETING -PUBLIC HEARING CALLED
FOR THE CONSIDERATION OF THE PLANNING COMMISSION'S FINAL
• REPORT -ZONING, HELD SEPTEMBER 19, 1974.
Mr. Johnson moved to adjourn the regular meeting. Mr. Schober seconded
the motion, all members of the Commission voted their approval.
The regular meeting was adjourned at 10:40 P.M.
APPROVED ;' / vi2
Gaylo ilcox
• Secr ary
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