1982.06.23_PB_Minutes_SpecialPage -1- 1
MINUTES: PLANNING COMMISSION/LOCAL PLANNING AGENCY, TOWN OF HIGHLAND
BEACH, FLORIDA. PUBLIC HEARING. JUNE 23, 1982. SPECIAL
EXCEPTION, C. MILANI, LOTS 4 & 5 EAST.
• Acting Chairman Dr. Gilbert P. Weiss called the meeting to order at 10:00
a.m., advising this is a Public Hearing called for the purpose of examin-
ing a petition for approval of a special exception for Town Lots ##4 and
#5 East. Dr. Weiss advised that proof of publication was on file with the
Town. The recording secretary called the roll. The agenda is attached.
Present: Dr. G. P. Weiss, Dr. G. C. Linn, C. Nastri,
E. L. Snyder, I. S. Saunders
Absent: W. J. Wernecke
Dr. Richard Orman, representing Mr. C. Milani, petitioner, advised members
of the Planning Commission that the request for special exception was made
to allow for a change in setbacks as stated in Ch. 30, Sec. 4.3.16, Pg.30-
11 of the Code of Ordinances, Town of Highland Beach, Florida.
Following examinatirn of plans and presentation by Dr. Richard Orman, Mr.
Kurt Kettlehut and Mr. Robert Vaughn explained the cut in the parking
garage area and noted the parking spaces eliminated by the cut were re-
located to a treed area as indicated on plans. Mr. Kettlehut noted the
enlarged community activity area shown on plan and he advised that trees
existing on the site will be saved if possible and relocated if necessary,
or replaced. The sea grapes are to be preserved if possible.
At the conclusion of the review,Acting Chairman Dr. G. P. Weiss called for
comments from the audience. Mrs. Leng spoke of staking trees and shrubs
on the property for preservation. At the conclusion of Mr. Kettlehut and
Mr. Vaughn's review, Dr. Weiss called for a motion. Mr. Saunders moved
that "the preliminary site plan presented to the Planning Commission, be
accepted pending final submission with all the comments and necessary add-
itional changes that are forthcoming. I propose that the Planning Com-
mission grant the approval of the request for special exception." Mr.
Snyder seconded the motion. Dr. Linn voted aye, Mr. Nastri, aye, Mr. Snyder,
aye, Mr. Saunders, aye and Dr. Weiss, aye. The approval covers Lots 4 & 5
East, only.
Town Attorney T. E. Sliney noted the Planning Commission has received a
memorandum from Mayor Louis Y. Horton, dated June 22, 1982, addressed to
the Planning Commission/Local Planning Agency, subject: Zoning in Progress,
which reads as follows:
"The Town Commission does not agree that the refusal of the
Florida Supreme Court to hear an appeal of the Buntrock
(Sanibel) case has any effect upon the doctrine of "Zoning
in Progress". Until such a time as this is established, any
• hearings or actions of Town Boards must be conditioned in
nature and all petitioners are to be made aware that definitive
actions contrary to that doctrine are not possible. (Signed)
Louis Y. Horton, Mayor. Copy attached.
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MINUTES: PLANNING COMMISSION/LOCAL PLANNING AGENCY TOWN OF HIGHLAND
BEACH, FLQRIDA. PUBLIC HEARING JUNE 23, 1982 SPECIAL
EXCEPTION, C. MILANI, LOTS 4 & 5 EAST.
• Attorney Sliney noted that "The Town Commission is still reviewing the
Zoning in Progress situation so, again, this approval would be conditional
also depending upon what the Town Commission decides."
Chairman Weiss instructed the Recording Secretary to prepare a letter of
transmittal for signature and distribution to the members of the Town
Commission, copy attached.
At the conclusion of the review of the request for Special Exception, Acting
Chairman Weiss noted that he had changed the agenda for the public hearing
in two areas, one was to review a site plan as submitted by Mr. Milani as
an alternate site plan to be transmitted to the Town Commission with the
original site plan for the special exception, so that the Town Commission
might have the benefit of seeing an alternate site plan that does not re-
quire a.special exception by the Town Commission. Dr. Weiss noted that a
review of this alternate site plan might result in a revised opinion re-
garding the request for special exception.
Mr. Digby C. Bridges, representing Mr. Milani, reviewed the plans submitted
as alternate proposed plans. His review included reference to the daylight
code plan; a water retention design to divert concentration of water in
certain areas and a recommendation that only one driveway be developer and
brought up to 8.5 from SR AIA. Mr. Bridges indicated the proposed plans
were for a two structure project, a north tower with a total of 13 stories,
10 residential, 1 lobby, 1 parking and 1 recreational area. A south tower,
with a total of 9 stories, 7 residential, 1 lobby and 1 parking.
At the conclusion of Mr. Bridges presentation, Acting Chairman Weiss called
for a motion. Mr. Snyder moved that the Planning Commission approve the
alternate plan which was presented to us after we had approved the first
plan. Mr. Nastri seconded the motion. Dr. Linn voted aye, Mr. Nastri, aye,
Mr. Snyder, aye, Mr. Saunders, aye and Dr. Weiss, aye.
Dr. Weiss noted the third phase of the meeting was to discuss the moratorium.
Members were advised that the current moratorium being utilized by the Town
of Highland Beach, was declared invalid as a result of the Sanibel/Buntrock
decision with the refusal of the Supreme Court of Florida to hear it.
Acting Chairman Weiss noted that the Planning Commission must set a date
for a public hearing for a discussion of the moratorium. The Town Com-
mission is required to hold two public hearings.
Town Manager E. W. Roberts noted that Mayor Horton, in a memorandum dated
June 21, 1982, to the Planning Commission, made the following requests:
1. To give the Town Commission recommendations on the
• possibility of placing a one year limit on the life
of approved site plans
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•
MINUTES: PLANNING COMMISSION/LOCAL PLANNING AGENCY TOWN OF HIGHLAND
BEACH, FLORIDA. PUBLIC HEARING JUNE 23, 1982. SPECIAL
EXCEPTION, C. MILANI, LOTS 4 & 5 EAST.
2. To investigate and recommend steps to be taken
in establishing a moratorium which would meet the
dictates of the Sanibel Case.
Dr. Weiss will contact Mayor Horton.
Dr. Weiss advised the schedule for meetings in July to be as follows:
** TUESDAY JULY 20, 1982 PUBLIC HEARING
9:00 A.M. TO CONSIDER RECOMMENDATION
OF ADOPTION OF A BUILDING
MORATORIUM
** TUESDAY JULY 20, 1982 REGULAR MEETING
IMMEDIATELY FOLLOWING
PUBLIC HEARING
** THIS PUBLIC HEARING AND REGULAR MEETING SCHEDULE WAS CHANGED AS FOLLOWS:
MONDAY JULY 26, 1982 PUBLIC HEARING
• 10:00 A.M. TO CONSIDER RECOMMENDATION
OF ADOPTION OF A BUILDING
MORATORIUM
MONDAY JULY 26, 1982 REGULAR MEETING
IMMEDIATELY FOLLOWING
PUBLIC HEARING
Acting Chairman Weiss advised that the regular meeting scheduled for July
will include election of officers.
Dr. Weiss noted receipt of a letter dated June 4, 1982 written to Mr. Ben
S. Stephenson by Mayor Horton, copy attached. Dr. Weiss advised the members
that a memorandum had been sent to Mayor Horton in reply to inquiries and
added the remazks contained in the letter were his own opinion and not
necessarily those of the other members of the Planning Commission.Copy attached]
The public hearing was adjourned at 10:45 a.m.
APPROVED:
Dr911a
t P. We
• Nastri
Dr. G. C. ffin
, Acting Chairman ..- E "'L.
. w.
and
,-)Secretary
Lucille S. Miller
Recording Secretary