1987.07.08_PB_Minutes_Regularle
TOWN OF HIGHLAND BEACH, FLORIDA
PLANNING BOARD
REGULAR MEETING - MINUTES
Wednesday, July 8, 1987 9:30 A. M.
The Regular Meeting of the Planning Board was called to order by Chairman
Doris R. Rome at 9:30 a.m. in the Town Commission Chambers of Town Hall.
The Recording Secretary called the roll. Also present was Regular Member
Amelie Leng. Alternate Members Chris Bartlett and Abe Futernick were
present and acted as Regular Members. Regular Members Irving S.
Saunders, Marvin A. Waldman, and John E. Ward were absent.
Also present were Town Attorney Thomas E. Sliney, John Toshner of Gee and
Jenson, and Town Clerk/Recording Secretary Mary Ann Mariano.
MOTION was made by Amelie Leng/Chris Bartlett to approve the Minutes of
the June 10, 1987 Regular Meeting. The MOTION carried unanimously with
favorable votes.
Chairman Rome asked Attorney Sliney about the tentative schedule for
zoning amendments. Attorney Sliney explained that this schedule was for
the amendment of the zoning map implementing the recently adopted
is Comprehensive Plan amendments under Ordinance No. 549 on May 5, 1987. It
was noted that the next step for the Planning Board was to schedule a
Public Hearing at which time the Board would solicit public input into
this process. Gee and Jenson are now in the process of amending the Land
Use Plan Map which is a part of the Comprehensive Plan, however, the
zoning map can only be amended by following the state requirements which
call for public participation. It was the consensus of the Planning
Board that the feasible category for those properties changes in the
Comprehensive Plan would be RML--1, which calls for up to eight (8)
dwelling units per acre. Mr. Futernick expressed his concern regarding
the recent Supreme Court ruling in the Glendale, California case
involving land use. Attorney Sliney did not feel that this case was
applicable inasmuch as the Planning Board was looking at the implement-
ation of zoning already changed in the Comprehensive Plan.
Chairman Rome stated that inasmuch as the Town Commission did not adopt
the Building Moratorium Ordinance, it was important that the zoning
amendments be made as soon as possible. Attorney Sliney concurred in Mr.
Bartlett's position that the Town's position with regard to the zoning
changes was strengthened, inasmuch as the State has already approved the
Town's changes in the Comprehensive Plan process.
MOTION was made by Abe Futernick/Chris Bartlett to set a Public Hearing
on August 19, 1987 at 1:30 p.m. to consider the designation of those
properties changed in the Town's Comprehensive Plan per Ordinance
No. 549 to RML-1, noting that the Supreme Court decision has been
considered in this action. This MOTION carried unanimously with
favorable votes.
Planning Board Regular Meeting
July 8, 1987
• Page 2 of 4
Mr. John Toshner of Gee and Jenson then addressed the Planning Board, re-
capping the discussion of the previous Planning Board Meeting. Mr.
Toshner again explained to the Planning Board that the Town's overall
review of the Comprehensive Plan could not be submitted until April of
1989. With regard to this matter, Mr. Toshner noted that a progress
report in compliance with the grant requirements had already been sent to
the DCA with another report due on September 30. Mr. Toshner noted that
there might be a possibility for additional grant monies to help
subsidize the cost of the Comprehensive Plan review. Mr. Toshner stated
that within the next sixty days, Gee and Jenson would be putting together
significant information regarding the conservation elements for
submission and use in the Comprehensive Plan review process.
Attorney Sliney then discussed his recent meeting with Mr. Toshner and
outlined those items contained in his July 6, 1987 letter to Chairman
Rome and members of the Planning Board, noting that any plan amendments
would have to be consistent with County and Regional Growth Plans.
Chairman Rome noted a technical assistance form which needs to be sent
in in order to have a representative from the DCA attend a Planning Board
meeting to address the issue of tentative reviews and the changes in the
rules for overall review of the Town's Comprehensive Plan. Attorney
• Sliney will fill out the form and request that a representative attend
the August 19, 1987 Meeting of the Planning Board. At the recommendation
of Mr. Toshner, he will also have a representative from the County level
of planning attend the August 19, 1987 Meeting to provide a consistency
in addressing the issues concerning the Town and its proposed schedule
for Comprehensive Plan Review. Mr. Toshner noted that the County was
holding a first reading on July 14, 1987 of proposed Traffic Performance
Standards which might be something that the Town might want to look at
for possible municipal implementation. Chairman Rome noted that with
regard to the traffic flowing through Town, a request for traffic
signalization within the Town to deter "thru traffic" had been denied by
the DOT.
The Planning Board expressed their desire to move as quickly as possible
with Comprehensive Plan amendments without having to wait until the April
of 1989 timeframe by means of an interim report. Mr. Toshner and
Attorney Sliney will work together to compose a tentative schedule to
accomplish this. Mr. Toshner noted that his present contract with the
Town was for the overall review of the Comprehensive Plan and would not
include any interim review work. The Planning Board consensus was that
inasmuch as the Town would not have any moratorium, the Comprehensive
Plan should be studied and amended as soon as possible. Attorney Sliney
was asked to compose a letter for Chairman Rome's signature, to the Town
Commission, emphasizing their concern and requesting that whatever
additional funding is necessary be appropriated in the 1987/88 FY Budget
to retain Mr. Toshner for work necessary for an interim review.
•
Planning Board Regular Meeting
July 8, 1987
• Page 3 of 4
Discussion then took place regarding the meeting to be held on August 19,
1987 and the fact that the Regular Meeting, as well as a Public Hearing,
will be held. Inasmuch as there will be outside representation from DCA
and the County, it was felt that they should be given a time certain,
rather than having the Regular Meeting follow the Public Hearing with no
definite time. MOTION was made by Amelie Leng/Chris Bartlett to hold the
Public Hearing on August 19, 1987, at 3:00 p.m. rather than 1:30 p.m.
This MOTION carried unanimously. The Regular Meeting would then be held
at 1:30 p.m. at which time the representatives from DCA and the County
would be heard with respect to the upcoming Comprehensive Plan Review.
It was noted that the Members of the Planning Board had copies of Rule
No. 9Jr11, but not 9J--5. Attorney Sliney stated that he would see that
the Planning Board Members were supplied with all the Rules involved in
the implementation of Comprehensive Plan reviews and amendments.
A letter dated June 25, 1987 to Bruce Sutherland, regarding 1004 Russell
Drive, Boca Cove, was discussed; however, no action was necessary. This
letter involved a complaint of an owner in that down -zonings had made his
mortgage non -saleable due to non -conformity in replacing the structure.
It was noted that most properties in Town would be in the same position
• which was a problem with the lenders and not the fault of the Town and
that there was no action to be taken on the matter. Attorney Sliney
further noted that should any structure be destroyed beyond 70% (which is
the amount allowed in order to rebuild), the Board of Adjustment may be
an avenue to go after considering insurance factors and the feasibility
of rebuilding. The Planning Board will look into this 70% factor when
reviewing Chapter 30.
Discussion took place as to whether those properties which had been
reclassified under the Comprehensive Plan in the recent amendment could
come in for permits under their old classifications up until the zoning
map is actually amended. Attorney Sliney noted that State Law prohibits
any permits being issued which are in conflict with a municipal
Comprehensive Plan and, therefore, those affected properties could not
receive permits for anything above eight (8) units per acre. Attorney
Sliney will write a letter to the Town Building Official advising him of
this.
There being no further business to come before the Planning Board at this
time, the Regular Meeting adjourned at 11:05 a.m.
• Planning Board Regular Meeting
July 8, 1987
Page 4 of 4
APPROVED: f--t f `?
DORIS R. ROME, CHAIRMAN
(ABSENT)
JOHN E. WARD, VICE CHAIRMAN
(ABSENT)
MARVIN A. WALDMAN
(ABSENT)
I RV-1.,NG S .
AMELIE
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ICK (ALTERNATE
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