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1987.10.28_PB_Minutes_Regularr_1 LJ TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD SPECIAL MEETING - MINUTES October 28, 1987 1:30 P.M. Chairman Rome called the Special Meeting of the Planning Board, Town of Highland Beach, Florida, to order at 1:30 P.M. in the Commission Chambers at Town Hall. The Town Clerk/Recording Secretary called the roll. Present were Chair- man D. R. Rome, Vice Chairman J. E. Ward, Regular Members M. A. Waldman, A. Leng, C. H. Bartlett, Alternate Members R. M. Gregerson and A. J. Harbin. Also present were Town Attorney D. K. Friedman, Town Clerk/Recording Secretary M. A. Mariano, Gee and Jenson Representatives J. Toshner and M. Bidwell and members of the general public. Chairman Rome noted that the purpose of this meeting was to review the preliminary elements which had been submitted by John Toshner at the October 14, 1987 Planning Board Regular Meeting. Chairman Rome indi- cated that the information requested from John Toshner by October 15, 1987 had been received; however, the Town Manager did not distribute same until yesterday. The Planning Board noted that there was confusion as to all the Rules which had been distributed and did not know which rules the Planning Board should proceed under at this point. Mr. Toshner advised that Rule 9J-5 was the administrative rule, with Chapter 163 being the enabling legislation. Although the Town can not formally submit its overall review of the Comprehensive Plan until 1989 under Rule 9J-5, or whatever the most current amendment is at that time, the Town could submit a review prior to 1989 on the remaining properties as an amendment under Chapter 163. The Town could also request a cursory review under the new Rules. The Town Clerk noted that the Town Commission had directed the Planning Board to review all remaining properties in Town, other than those amended this year, as soon as possible. Part of the reasoning for this is to have any new land use classifications in order prior to the settlement of pending litigation on some of the undeveloped properties. John Toshner noted that his present contract with the Town would cover such overall review. Additional funds might be necessary depending on the change in the submission rules by the state. Further, John Toshner noted that the Town had already been approved for an $11,400. grant to assist in this endeavor and was eligible for an additional $10,000. under a second phase of funding. PLANNING BOARD • Special Meeting - Minutes October 28, 1987 Page 2 of 5 With regard to an overall review, Mr. Toshner noted that the Town should be careful to determine the county and regional plans. The Town can not submit a plan which would be contrary to either the state, county or regional planning councils. With regard to model elements, it was noted that the Town Manager was in possession of a complete set of model elements for Adams County which could serve as samples to what is expected; however, each element must be tailored to the specific Town needs. It was noted that some of the model elements i.e. solid waste disposal, etc., might need the assistance of the Town engineers. With it being noted that the Town was in the process of obtaining new engineers, John Toshner'felt that most of the information which will be required would be available from exist- ing Town files. During discussion regarding the Town's mandate to comply with the state, county and regional plans, concern was expressed by both Chairman Rome and Member Waldman that local judges, when faced with litigation against the Town, were not aware of these mandates and should be given adequate information. It was noted that the Town should try to get support from the state, county and regional agencies in matters of litigation in that they have mandated some of the requirements being followed by the Town. • Attorney Friedman stated that the Town could possibly try to use state and county employees as expert witnesses; however, he did not know whether the state or county would allow this. Chairman Rome then discussed the difference between the review of the Comprehensive Plan and the review of the zoning ordinance and map. Chairman Rome stated that the first step was to review and update the Comprehensive Plan and the land use classifications therein. Once that is accomplished, then the next step would be to review and update the zoning ordinance and map to make it consistent with the Comprehensive Plan. Member Bartlett noted that the Planning Board should look at some of the immediate concerns and rezone some specific parcels. Mr. Toshner noted that this needed to be done systematically due to the fact that justification must be submitted for any land use changes to take place. The Town does not wish to pay for the necessary elements more than once, so an overall review using the same elements for the entire plan is the most feasible way to pursue the matter. Once an overall review is done, John Toshner stated that only a supplemental letter might be needed to re --submit the Comprehensive Plan under the 9J--5 Rule in 1989. John Toshner noted that with regard to the elements already submitted, being the Housing, Recreation and Open Space, and Conservation Elements, he wanted to know all comments of the Board. Further, if Board Members • had not had adequate time to review the submitted elements, then we would request that additional comments be sent to him in writing for consideration. PLANNING BOARD Special Meeting Minutes October 28, 1987 Paqe 3 of 5 Chairman Rome noted the creation of Patch Reef Park in Boca Raton which had not been listed in the Recreation Element as a nearby facility. Mr. Toshner will look into this. Mr. Waldman recommended that Gee and Jenson make a copy of any back up material used to determine criteria that the Town has to follow and send a copy to each of the District Judges as information to help them when they are adjudicating municipal lawsuits. Mr. Toshner was quick to point out that the Town has won most of the lawsuits it has had; however, felt that Mr. Waldman's recommendation was a good one. With regard to the distribution of information to Planning Board Members, Chairman Rome requested that Mr. Toshner send any information directly to her and she would see to it that it was promptly distributed to the Planning Board Members. With regard to the Housing Element, Mr. Toshner noted that there were several questions which he would need to meet with the Town Manager and the Building Official on. Mrs. Leng asked whether all Comprehensive Plans were being based on figures from the 1980 census. Mr. Toshner noted that the law stated that the most current information available be used and if the Town had any more recent information, they would be happy to use same. Mrs. Leng • suggested that maybe an updated Community Survey be attempted. Attorney Friedman recommended that Mr. Toshner review the Comprehensive Plans of other comparable areas i.e. Ocean Ridge, Manalapan, Gulf Stream, etc., to get some ideas as to how their elements are being handled. Mr. Toshner noted that this was an excellent idea and would pursue it. Mr. Toshner stated that he had a concern with the coastal element also. Discussion ensued regarding a traffic study being done. Mr. Waldman pointed out that Highland Beach is the only coastal community without an access over the Intracoastal within its municipal boundaries and was dependent upon Boca Raton and Delray Beach for access to the mainland. Mrs. Leng was concerned that a traffic study might convince the DOT that A-1-A required widening, which the Town had fought for years. Mr. Waldman pointed out that there is absolutely no four laning of A-1-A anywhere in Palm Beach County, and that the DOT most likely would not want to start that practice in Highland Beach. Mr. Toshner noted that a traffic study would reveal a problem with an ability to serve more traffic and thereby justify the limiting of growth within Town. Attorney Friedman noted that any traffic study done should also show all the disadvantages in widening A-1-A along with an inability to serve more traffic. Mr. Ward noted that any traffic study done should be done during the season, i. e. December - March, for an accurate count. Attorney Friedman noted that there had been a traffic study done by a • Mr. Moss which had come up during the Colman litigation which proved to PLANNING BOARD • Special Meeting - Minutes October 28, 1987 Page 4 of 5 be adverse to Colman and had never been submitted into the record. Mrs. Leng asked whether we could use that report as an advantage to us at this time. This will be considered. • • Mr. Bartlett stated that he felt it was inevitable that A-1-A would have to be widened at some point. Mrs. Rome then cited a letter from David Friedman to Mary Ann Mariano which asked to schedule times for public hearings, etc., for review of the Comprehensive Plan. It was determined that this letter was not relevant anymore and should be discarded. Mr. Toshner noted that work on the elements would continue with the land use element being the final one done. Mr. Toshner will work to provide a tentative schedule for review of the individual elements; however, he noted that he would have to first find out where some of the information is located so there might have to be some flexibility in the schedule. Mr. Toshner will attempt to get a tentative schedule in chronological order for the Planning Board by their November 16, 1987 meeting. The Town Clerk noted that the status of the review of the Comprehensive Plan would be placed on every Planning Board agenda, with specific elements reviews listed when they become available. Discussion then ensued as to whether the Town could use a "Comprehensive Plan in Progress" method to prohibit the submission of any development plans while the Comprehensive Plan is being reviewed. Attorney Friedman noted that once the Town gets to the zoning map review, then such a method could be used. It was then noted that the Town had adopted an ordinance requiring water impact studies on all new proposed development. Mr. Waldman asked what would happen if the Town wanted to challenge an impact study submitted by a developer. Mr. Toshner recommended that the Town adopt a policy which would require the developer to pay any costs incurred in the Town's having the impact study reviewed by an independent engineer. With regard to the "Use it or Lose it" county ordinance, the Planning Board noted that Attorney Sliney felt that the Town already had more protection than given in this ordinance in that site plans in Highland Beach lose their approvals if no permit is obtained within 18 months. At this time, the property could be reviewed for any possible land use changes. There being no further business to come before the Planning Board at this meeting, same adjourned at 3:20 P.M. • • 0 PLANNING BOARD Special Meeting - Minutes October 28, 1987 Atte t: Date: /'I -/(_07 APPROVED: Paae 5 of 5 D.,-R. Rome, Chairman J E. Ward, Vice Chairman M. X`Waldman n Amelie Leng H. Bartlet