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1987.10.14_PB_Minutes_RegularFJ TOWN OF HIGHLAND BEACH, FLORIDA . PLANNING BOARD REGULAR MEETING - MINUTES OCTOBER 14, 1987 9:30 A.M. Chairman Rome called the Regular Meeting of the Planning Board, Town of Highland Beach, Florida, to order at 9:30 A.M. in the Commission Chambers at Town Hall. The Recording Secretary called the roll. Present were Chairman 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 in attendance were Town Attorney T. E. Sliney, Town Clerk/Recording Secretary M. A. Mariano, Building Official B. Sutherland, J. Toshner of Gee and Jenson and members of the general public. Chairman Rome welcomed the new Alternate Members, Robert M. Gregerson and Anna J. Harbin. Upon MOTION by MR. WALDMAN/MR. BARTLETT, the Minutes of the Planning Board Regular Meeting on September 9, 1987, were approved as submitted. OLD BUSINESS • Old Business was taken up first inasmuch as Mr. Toshner was present. The Planning Board was to discuss the matter of reviewing the remainder of properties in Town for the purpose of amending the Comprehensive Plan. Chairman Rome stated that she was annoyed about getting last minute in- formation from Mr. Toshner to review. Chairman Rome stated that the Planning Board should receive any information for review at least one week prior to a meeting in order to allow the members time to pick up their mail and be prepared for a meeting. Mr. Toshner stated that the reprimand was well deserved and he would endeavor to have all informa- tion submitted to the Planning Board Members in ample time for review prior to a meeting. Substantial discussion took place regarding the procedure by which to accelerate the planning process in order to take up the remaining properties in Town for purpose of amending the land use plan. Mr. Toshner stated that the model elements were being worked on and would be submitted within 2 to 3 weeks for preliminary review by the Department of Community Affairs. Preliminary Element Drafts for Housing, Recreation and Open Space and Conservation will be handed out today. Mr. Toshner noted the overall review of the Town which will be required to be submitted by 4/1/89. Substantial discussion took place regarding i 0 PLANNING BOARD • Regular Meeting - Minutes October 14, 1987 Page 2 of 5 the necessity of accelerating the Town's review and changing the land use plan prior to this time. Attorney Sliney noted that there was an urgency in that the Town was involved in litigation with regard to most of the remaining large parcels of land, and some resolution as to the proper land use should be reached prior to the settling of these lawsuits. Attorney Sliney also felt that an amended contract with Gee and Jenson would be required in order for an interim review to take place. The Town Clerk indicated that the Town Commission had entered into a contract for two phases of review by the Planning Board with Gee and Jenson, the first being review of the RPUD's which had already been completed. The second phase of Gee and Jenson's contract called for all the remaining properties to be considered, which is what the Planning Board was desiring to do. The Town Attorney will meet with Mr. Toshner and the Town Manager to determine what amendments to the contract, if any, were necessary in order to proceed with the review. Mr. Toshner indicated further that the state had given a first round of funding for this process and that a second round of funding was being sought to assist the Town in this process. Mr. Toshner noted that the existing contract did call for the review of all of the remaining properties, however, due to the changing requirements promulgated by the state, there was a possibility that the contract would have minor amendments • needed. As expressed by Mr. Bartlett, and agreed to by the other Board Members, the Planning Board should go ahead and proceed with a review of the land use with the submission problems being solved when necessary. Mr. Toshner indicated that the Planning Board could attempt to amend the land use plan for the remaining properties, however, the state require- ments would be that the changes made would have to be backed up by the other information in the Comprehensive Plan for justification. This would mean that other modifications would have to be made to the plan prior to submitting even an amendment. Mr. Toshner then distributed the Preliminary Element Drafts for the Housing, Recreation and Open Space, and Conservation portions of the Comprehensive Plan. He, along with Mark Bidwell, Engineer with Gee and Jenson, went over the format with the Planning Board for their ease in reviewing same. It was noted that the data used in the preparation of the preliminary elements was taken from the 1980 census, which was acceptable under Section 9J--5, however, requested that if other data was to be used, please let them know. Mr. Toshner also noted that the Jap Rock matter had not been addressed and requested that the Planning Board review this and give some direction on this matter. The preliminary drafts will be worked on further, particularly the Goals and Objectives portions which would be submitted to the Board as soon as possible. Mr. Bidwell explained that the outline of each element was as follows: F' n U PLANNING BOARD Regular Meeting - Meeting October 14, 1987 Paqe 3 of 5 Introduction Body of Element - Inventory Analysis Recommendations Goals and Objectives Mr. Toshner stressed the point that this was not a finished document and further information and charts would be forthcoming. It was noted that Table 4 was missing and would be submitted to the Town within the next several days. A Special Meeting of the Planning Board was scheduled for Wednesday, October 28, 1987 at 1:30 P.M. to have an in depth review of the preli- minary elements with Mr. Toshner. The Planning Board then discussed an October 8, 1987 memorandum from the Town Manager in which he stated that the Town would not benefit from an early submission of the Comprehensive Plan changes. It was noted that the Town Commission's directive was to go ahead as soon as possible with the review of the remaining parcels. It was the consensus of the Planning Board that regardless of the Town Manager's October 8, 1987 memorandum, they would proceed as rapidly as possible with the review. At this point, Building Official Bruce Sutherland joined the meeting, at which time Chairman Rome offered the Board's condolences in the recent death of his wife. NEW BUSINESS PETER INCE FOR OWNER JOHN WYNNE - PRELIMINARY/FINAL SITE PLAN REVIEW FOR SINGLE FAMILY RESIDENCE (TOWN LOT #71 EAST) Mr. Ince was present and gave information regarding his request. It was noted that this property was being developed for one 7,000 sq. ft. single family residence instead of the allowable four units on the site. It was further noted that Mr. Ince had received approval for a variance in the width of this single family home in a multi -family zoning classification. The Board members reviewed the plans after which MOTION was made by MRS. LENG/MR. WALDMAN to approve the preliminary/final site plan for Town Lot #71 East. Upon roll call vote, this MOTION carried unanimously. ARCHITECT R. WM. CLAYTON, JR. FOR OWNER AUGUST D. DIRENZO -- PRELIMINARY/ FINAL SITE PLAN REVIEW FOR SINGLE FAMILY RESIDENCE (TOWN LOT #110 WEST) Mr. Clayton was present. Substantial discussion took place in that the Planning Board was only to review the plans for Lot #110 West, although is Mr. plans for Lot #111 West were also shown on the drawings submitted. Mr. Sutherland stated that the Planning Board had already approved those PLANNING BOARD • Regular Meeting -- Minutes October 14, 1987 Page 4 of 5 r L • plans as submitted for Lot #111 and that Lot #110 was being requested for approval at this time. Mr. Clayton further advised the Board that Mr. Direnzo was considering not building on Lot #111 and would only be building on Lot #110, leaving Lot #111 as open space. The structure proposed will be approximately 3,400 sq. ft. Considerable discussion took place regarding the lack of specific landscaping for Lot #110 and the construction of a proposed wall. Although Lots #110 and #111 are separate, the plans as submitted will make them appear as one site due to the proposed wall. Mrs. Leng requested to see the approved landscaping plan for Lot #110 West prior to any action being taken on the approval of Lot #111 West. Mr. Clayton was advised to re --appear at the November 11, 1987 Planning Board Meeting, after submitting a proper landscaping plan for Lot #110 West. Mr. Sutherland was also directed to attach a copy of the approved landscaping plan for Lot #111 West. The Planning Board then briefly reviewed the County's "Use It or Lose It" ordinance. Mr. Waldman noted that the Town has a present requirement for the loss of a site plan approval after 18 months. At- torney Sliney noted that the Town's ordinance was similar however, the County's was triggered to tie in with the review of the zoning on each affected parcel. The Town's 18 month restriction does not call for the review of zoning on a site. It was the consensus of the Planning Board that the Town should consider the adoption of a similar ordinance with appeal procedures. It was noted that in order to place these provisions within the zoning code, certain legal requirements would have to be followed, however, there might be a possibility of placing the same requirements in another portion of the code, or determining that the requirements were only administrative in nature and placing them in the zoning code without the full work hearing requirements. The Town Attorney will work on this with the Town Clerk and this matter will be discussed at the Special October 28, 1987 Meeting. Also with regard to the use it or lose it concept,. it was noted that such provisions would affect all site plans except those which were under separate agreement through negotiation with the Town Commission, i.e., Royal Highlands. Attorney Sliney noted that the County Ordinance does not do anymore than the Town has authority to do now, however, it would require the review of each property whose site plan approval has lapsed. Mr. Waldman asked Attorney Sliney whether the Town could make a stipula- tion that upon the transfer of property from one owner to another, that any agreements, etc., would be void and the property would revert to present zoning requirements. Attorney Sliney indicated that legally, regardless of ownerships, property rights go with the land. However, when it comes to the purchase of land with any judgements against it, a successor in interest could not rely on statements made by former owners, etc. PLANNING BOARD is October Meeting - Minutes October 14, 1987 Page 5 of 5 Chairman Rome noted information regarding the "Sunshine Law" as submitted by Mayor Stewart. Information from Attorney Sliney regarding a recent Margate settlement due to the Glendale case was noted. • 0 At the request of Mr. Bartlett, Mr. Sutherland gave an update on the Hoffman Project. It was noted that although it appeared as though dredging was taking place in the Intracoastal, due to erosion on this property, the property line actually extended to where the work was being performed. It was also noted that all work being performed was with proper permits from both the State and Town. A barrier island is being created with a lagoon East of such island for a future marina. Attorney Sliney noted that the Town had not given any approval for any structure nor marina at this point. Mr. Bartlett asked whether the present permits given by the Town would give greater leverage and hurt in future negotiations by implications that the Town has condoned the developers expenditure of substantial sums on the site. Attorney Sliney noted that safeguards had been taken in the present settlement stipula- tion which would not allow the owners to make such implications. It was further noted that with regard to the removal of the mangroves and vegetation, that the owners were being required to replace same on a 3 to 1 ratio, which was being monitored by state inspectors. Upon proper MOTION and second, this meeting adjourned at 11:45 A. M. APPROVED: D. 1Z. Rome, Chairman � J. Ward, Vice Chairman M. Waldman est: Amel'e Len 00 (, Date: ��-�6-�, C. H. Bartlett