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1986.08.13_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING - MINUTES AUGUST 13, 1986 9: 30 A.M. Vice Chairman D. R. Rome called the Regular Meeting of the Planning Board, Town of Highland Beach, Florida to order at 9:30 A.M. The recording secretary called the roll. Present were Vice Chairman D. R. Rome, M. A. Waldman, J. E. Ward, A. Leng and A. Futernick (alt.). Also present at this Regular Meeting were Town Attorney T. E. Sliney, Town Manager H. D. Williams, Recording Secretary A. M. Kowals and a few Town residents. Absent from this meeting were Chairman I. S. Saunders and C. H. Bartlett (alt.) . The members accepted and approved the minutes of the Regular Meeting of July 9, 1986, and the Special Meeting of July 25, 1986, as written. NEW BUSINESS BIEHL RESIDENCE (LOT 10, BLOCK 2, BEL LIDO SUB -DIVISION) FINAL SITE PLAN REVIEW, ARCHITECT P. J. SLATTERY, PRESENT. The first agenda item, said Vice Chairman Rome, is a final site plan review of the Biehl Residence (lot 10, block 2, Bel Lido Sub -division). Representing Dr. Albert G. Biehl was Architect Paul J. Slattery of Slattery and Root Architects. Mrs. Leng said members received a memorandum from Building Official B. Sutherland, dated July 28, 1986, stating "this application now meets all requirements of the Town Zoning Ordinances and the requirements of the Standard Building Code". However, continued Mrs. Leng, the application does not meet all the requirements of the Planning Board. Vice Chairman Rome added the plans are not complete as they do not include a landscaping plan, lighting plan, pool plan and it does not show the adjacent properties. Architect Slattery said the complete plans that included the landscaping and pool location were submitted by General Contractor Larry Graue. As for lighting, there will be no landscape lighting except for soffit lights at the entrance and on the rear deck, continued Mr. Slattery. When Vice Chairman Rome said only down -cast spotlights are allowed, Architect Slattery stated the double head spotlight is for security „measures and will be used in emergencies only. PLANNING BOARD Regular Meeting August 13, 1986 Page 2 of Z Vice Chairman Rome said the Biehl Residence looks lovely but the Planning Board can not approve the application as the site plan is incomplete (the Planning Board requires landscaping, lighting and pool plans). Vice Chairman Rome instructed the recording secretary to forward a memorandum to the Building Official requesting the Building Official makes sure that, as far as site plans are concerned, all seven items listed on the "Application for Site and Plan Review" and all items required under Section 10 (b) of the Highland Beach Zoning Code are included with all submitted plans. The Planning Board members agreed this matter should be postponed until the next Regular Meeting on September 10, 1986. Architect Paul Slattery said he will submit another set of complete plans for the Biehl Residence. Vice Chairman Rome said the next item on the agenda is the adoption and/or ratification of procedures to provide and encourage public participation in the Comprehensive Land Use Plan Process. Attorney Sliney apologized to the members for having submitted the proposed •resolution regarding public participation requirements for the Comprehensive Planning Process just prior to this meeting which did not allow the members time to review the subject matter. Continuing, Attorney Sliney said we have had adequate public participation; however, I have given all a copy of the Administrative Rules. It is necessary for the board to adopt something today, stated Attorney Sliney, since a Special Workshop Meeting is scheduled for August 20 and other Workshop Meetings for the Comprehensive Plan may be required. Florida Administrative Code Rule 9J-5.004 is to encourage written comments from the public, said Attorney Sliney. Town residents are informed of all meetings via public notices that are posted on bulletin boards in Town Hall and listed on the local cable television government channel. Mr. Waldman suggested press releases (to be approved by the Planning Board) be given to newspapers such as the Miami Herald, Sun Sentinel, etc., to inform the public as to what the Planning Board is trying to accomplish. Town Attorney Sliney recommended the members go through the proposed resolution list and incorporate Mr. Waldman's suggestion in Section 3. The members discussed Section 1 and agreed that notice shall be mailed out • at least fourteen (14) days prior to the date of the Planning Board Meeting. FA PLANNING BOARD Regular Meeting August 13, 1986 Page 3 of 7 Members also agreed the following should be added to the end of Section 1: "In case of condominiums, cooperative apartments or homeowners associations, notice shall be sent to the President, members of the Board of Directors and Manager only with the suggestion that they post and circulate the notice to their membership." Following a discussion of Section 3, members agreed to include the following: "It is further the intention of the Planning Board to issue periodic press releases during the pendency of any Compre- hensive Plan amendments to keep the public informed as to the status of Comprehensive Plan amendments." Section 3 was amended to read: "Commencing September 1, 1986, notice of each Planning Board Meeting relating to the Comprehensive Planning matters is to be advertised in a newspaper of general circulation and/or advertised on cable television, if available." At this point, Town Manager Williams questioned why the board was even considering this matter as the Town has a variety of ways to communicate with Town residents. Mr. Waldman said the members are trying to get public participation; what the Planning Board has done to date has not worked. We want public participation not just from the people affected by the land use changes. Mr. Futernick stated the agenda for the Planning Board Meeting complies with the rule; as long as we are going by the rules, we can not force the people to attend our meetings. When Mr. Futernick questioned if the Town Commission would approve of press releases issued by the Planning Board, Town Attorney Sliney advised that once the Planning Board adopts the proposed resolution, he will forward a memorandum to the Town Commission regarding this matter; the Planning Board will not do anything that will violate the Town Commission. When Mr. Ward asked if we have any guarantees that our press releases will be published, Mr. Williams said the Town supplies the information - the papers may not publish it. Continuing, Town Manager Williams advised published ads printed in the legal section of the Boca Raton News are paid for by the Town. That is a newspaper of general circulation and it meets the requirements, said Mr. Williams. 0 PLANNING BOARD Regular Meeting August 13, 1986 Page 4 of 7 Town Manager Williams stated the Mayor's Newsletter which contains information regarding the Town and the meeting dates of the various boards is mailed to all Highland Beach residents. Members were advised the agenda for the August 20 Workshop Meeting of the Planning Board was submitted to the Cable Company for listing on the government channel; however, Town Manager Williams informed the board that the unit that puts the information on the television screen is temporarily out of order. In discussing Section 4 which deals with provisions to insure opportunities for the public to provide written comments, the members agreed said written comments should be submitted prior to the meeting. When members discussed responses to the written comments, Town Attorney Sliney said the board has an obligation to receive and review the comments. If someone asks for a response, the board chairman would simply reply "We have reviewed the comments and we will take them under advisement", stated Attorney Sliney. It was agreed that "prior to the meeting" should be added to the end of paragraph (A) of Section 4. Paragraph (C) of Section 4 was revised as • follows: "Notices that written comments from the public are being sought and that such comments should be addressed to the Chairman of the Planning Board shall be printed in the Mayor's Newsletter. It is suggested that these notices be posted on Town Hall bulletin boards, condominium bulletin boards and other community bulletin boards. Regarding Section 6 (A), Mr. Ward suggested a minimum of twenty (20) minutes be changed to "A period of time be allocated for public comments". Following a lengthy discussion regarding the proposed procedures for public participation in the Comprehensive Land Use Plan Process, members were prepared to present their MOTION. Mr. Waldman made a MOTION, seconded by Mrs. Leng, to adopt this resolution as amended. The roll call vote resulted as follows: Mrs. Leng 'aye' Mr. Waldman 'aye' Mr. Futernick %aye' 0 Mrs. Rome Faye' Mr. Ward ' aye' FA PLANNING BOARD Regular Meeting August 13, 1986 Page 5 of 9 Vice Chairman Rome acknowledged receipt of a copy of the Shoreline Management Plan for Palm Beach County (prepared by Olsen Associates) from Commissioner Stewart. Members are requested to read the report and pass it on to the next person. Vice Chairman Rome read the report and stated that if this Town does not adopt a Shoreline Management Plan, the county will do it for us. Town Attorney Sliney said the report relates to something that was discussed at the Town Commission Meeting. There are new guidelines if any coastal community has to revise their plan. We are a coastal community and we addressed having a plan on call, continued Attorney Sliney. Town Manager Williams said the Town Commission is having a workshop on this matter. We are a coastal community with most of the coastal property in private ownership. If we ever have to revegetate the beach, we will have to forget it as we can not afford it and we will not receive help from any group, said Town Manager Williams. When Vice Chairman Rome said she is anxious to get sand from the Royal Highlands Project to her part of Town, Mr. Williams advised Royal Highlands is willing to donate the sand at the site (the sand is free, you must pay to move it). Town Manager Williams said the Town will be the lead agency; they will send out letters to the Southern section beach property owners advising of the availability of sand from the Royal Highlands Site. The sand, said Town Manager Williams, can not be taken off that side of the beach but it can be moved to other areas on the East side. Mr. Waldman said only beaches without seawalls should be renourished as a seawall destroys the natural action of the waves. Town Manager Williams said they are not technically allowed to permit a seawall. Royal Highlands received permission to construct a seawall because they will complete a 150' of rock revetment on the beach. The members requested some guidance as to how the Planning Board Workshop Meeting of August 20, is to be handled. Town Attorney Sliney stated he views it as a meeting of property owners themselves. Members should talk about the notice and the written comments. The members run the meeting as they want; talk to property owners then open the meeting up to the public. (This is not a public hearing). Have as many public comments as you like. E • PLANNING BOARD Regular Meeting August 13, 1986 Page 6 of 7 In discussing the Byrd Beach Property (the Frederick Parcel) at the North end of Town, Town Manager Williams said the Town Commission took the position on conceptual plans; they get the plans first, then the Planning Board gets the plans. The conceptual plan for this site is premature, continued Mr. Williams. Town Attorney Sliney said Attorney Eisen who represents the new property owners (Frederick Parcel -East side) sent conceptual plans to the Town and the Town Attorney. They are proposing five single family dwellings on the ocean side with a minimum acreage of 30,000 sq. ft. per unit. Vice Chairman Rome read into the minutes a memorandum from the Building Official, dated August 1, 1986, to the Planning Board advising the area on the West side, presently zoned RS, does not meet the required minimum of 30,000 sq. ft. per dwelling unit. Town Attorney Sliney said they are proposing to do what the Planning Board would like them to do; however, the actual plan must be reviewed in accordance with Mr. Williams' letter of August 13, 1986, to Attorney Robert A. Eisen. Mr. Waldman, said an article in the Miami Herald on May 25, 1986, stated . that Paul W. Hoffman is suing Walter Zaremba. Attorney K. Slinkman, representing Mr. Hoffman, claims the project may be in jeopardy because failure of the owners to proceed with certain work could jeopardize outstanding environmental permits on the land. Vice Chairman Rome said under the ordinance of the Town, Hoffman was not allowed to transfer property; Mrs. Rome could not find any record where the Town Commission gave permission for the sale of that property - it was against the RPUD Ordinance. Town Attorney Sliney said who owns the land is not important, it's what they want to use the land for that is important. Mr. Waldman said the Town should adopt the position there is no RPUD and just wait and see what they want to do with the land. Town Attorney Sliney said the Town is treating it as lot by lot zoning; we are talking to Broadview, then Hoffman because it is lot by lot. When members questioned if Mr. Toshner will attend the Workshop Meeting on August 20, Mr. Williams said that will be an information gathering meeting only and Mr. Toshner's presence will not be needed. Mr. Waldman made a MOTION to adjourn the meeting. Mrs. Leng seconded the MOTION. All members agreed. Vice Chairman Rome adjourned the Regular Meeting of the Planning Board at 11:45 A.M. ✓. PLANNING BOARD Regular Meeting August 13, 1986 Paste 7 of 7 APPROVED: (absent) I. ;S. Saund7$, Chairman D. R. Romfe, Vice Chairman 4 //, la' 01- M. A. Waldman J. Er . and r. Ame%/Ie/ Leng A. 'Futernick' (alt. ) 0