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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 . _ H / F^RTLETT A ALTERNATE ICK (ALTERNATE 0