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1987.06.10_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA . PLANNING BOARD REGULAR MEETING -- MINUTES WEDNESDAY, JUNE 10, 1987 9:30 A.M. The Regular Meeting of the Planning Board was called to order by Vice Chairman Doris R. Rome at 9:30 A.M. on June 10, 1987 in the Town Commission Chambers at Town Hall. The Recording Secretary called the roll. Also present were Amelie Leng, Marvin A. Waldman, John E. Ward, Chris H. Bartlett (alt.) and Abe Futernick (alt.). Chairman Irving S. Saunders was absent. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, John Toshner of Gee and Jenson, Building Official Bruce Sutherland and Town Clerk/Recording Secretary Mary Ann Mariano. MOTION was made by Amelie Leng/Marvin Waldman to approve the Minutes of the May 13, 1987 Regular Meeting of the Planning Board and the May 20, 1987 Public Hearing as submitted. The MOTION carried unanimously with favorable votes. Vice Chairman Doris Rome read a note from Chairman,Irving Saunders, who resigned as Chairman of the Planning Board, requesting that Doris Rome take over the Chairmanship. MOTION was then made by Mr. Ward to nominate Doris Rome as Chairman. The nomination was seconded by Mr. Waldman and carried unanimously with favorable votes. Mr. Waldman then nominated John Ward for Vice Chairman which nomination was seconded by Mrs. Rome and carried unanimously with favorable votes. John Toshner of Gee and Jenson then noted that he was in attendance at the request of Attorney Sliney to discuss the Jap Rock issue and other aspects of the comprehensive plan. Attorney Sliney noted that the Planning Board would like to review some things set out in his May 14, 1987 letter regarding procedural aspects of making future land use changes, consideration of the vacant parcels in Town, and consideration of ocean front property not presently built on as high-rise condominiums. Chairman Rome then noted that the Jap Rock issue was not within the purview of the Planning Board at this time and requested that the discussion be limited to the aspects regarding the comprehensive plan. Mr. Ward noted the map which had been provided which identified all of the undeveloped property within Highland Beach. Mr. Toshner noted that he had looked at the map but was not sure what the Planning Board was looking for at this point from Gee and Jenson. Mr. Toshner further explained that Gee and Jenson would be reviewing the status of these properties throughout the process of reviewing the overall comprehensive plan and may be premature to address such parcels at this time. Mr. 40 Toshner noted that under the new regulations the overall review of the r I• PLANNING BOARD Regular Meeting -- Minutes June 10, 1987 Page 2 of 6 comprehensive plan could not be submitted to the DCA until April of 1989 and felt that any traffic or land use studies at this point in time would be premature. Mr. Ward asked whether the Planning Board would be able to begin the process of rezoning other property in Town now or having to wait for the overall review. Attorney Sliney noted that there were some practical problems to be solved in order to assure compliance with all of the new state regulations. Mr. Ward felt that at the last meeting, the Planning Board had been told that they can go ahead with some of the changes and submit them prior to April of 89. Town Manager Williams noted that the comprehensive plan review may or may not have an effect on the zoning in Town. Mr. Williams felt that Mr. Toshner was setting out the state regulations in trying to establish a timetable. Regarding specific rezonings, the Planning Board may want to look at, or not look at site specific proposals. Mr. Williams noted that it should not be a foregone conclusion that there will be rezonings just because the properties are studied. Mr. Williams further advised the Planning Board that Mr. Toshner and his firm had been retained to do an overall review of the comprehensive plan and if the Planning Board desired to do less review earlier, then they would need to address this matter without the assistance of an outside consultant until duly authorized to retain one by the Town Commission. Mr. Toshner explained that if the Planning Board indeed wanted to look at individual properties or less than an overall review, that these proposed changes could be submitted to the Department of Community Affairs under Chapter 163, as were the last changes, however they would need to be resubmitted in 1989 under the new state 9J--11 regulations. In any event, the reaffirmation of water, traffic and land use problems must be addressed both during an interim review process or during the overall comprehensive review process. Comments were made regarding a recent Supreme Court action which gave implications of the possibility of ruling out moratoriums and other prohibitive land use measures by municipalities. Mr. Toshner emphasized that if it seemed that Gee and Jenson were dragging their feet, it was due to their feeling that there was no degree of urgency at this time but in order to be in compliance with state law, the public participation plan, conservation, etc., are all of major concern and may be able to be done prior to the traffic and land use study which should be completed close to the end of the submission process in order to have valid statistics. Chairperson Rome noted that in any event whenever the public hearings and the public participation process is carried on with respect to the overall comprehensive plan review, it should be done when most of the residents are in Town. Mr. Waldman asked about the status of the requirement that only two 41 comprehensive plan changes be made per calendar year. Mr. Toshner d PLANNING BOARD • Regular Meeting -- Minutes June 10, 1987 Page 3 of 6 explained that although several properties may be considered, the submission of several properties at once is only considered one plan change. Mr. Toshner also explained that there are exceptions to the rule of two changes per year, citing an emergency situation. Mr. Waldman then noted that the rezoning of the Milani Property may be precluded due to the two changes per year rule if the County requested a rezoning in order to use that property as a public park. Mr. Toshner felt that the County may be able to request such rezoning under the exception and options offered to allow more than two land planning changes per year. Mr. Williams urged that the Planning Board remember that Palm Beach County Planning Agency whose rules are not yet promulgated must be considered in any future land use plan changes. Mr. Williams noted that subsequent to the last election, the Planning Board is no longer the local planning agency and has been superseded by the Palm Beach County Planning Agency who must be considered in any future amendments. It was the general consensus among the Planning Board Members that the Planning Board go ahead and look at some of the site specific problems within the Town prior to the overall review. Mr. Toshner was not sure that he felt there was a reason to look at this but if the Planning Board chose to do so such recommended modifications would have to be . justified by way of traffic studies, land use studies, etc. Mr. Toshner noted there was an interim review process built into the state require- ments which would allow municipalities to look at site specific problems prior to submission of an overall review in 1989. Mrs. Leng asked whether the Town Attorney had submitted his evaluation and rendered an opinion as to the legal aspects outlined in Mr. Toshner's earlier letter. Attorney Sliney noted that no such opinion had been rendered and was waiting until the state regulations stopped changing before such opinion could be given. Mrs. Leng asked whether the Planning Board could look at site specific problems at this time and if zoning in progress could eliminate the issuance of any building permits during the review process. Attorney Sliney could not give an immediate answer due to the recent Supreme Court decision as cited in the Sun Sentinel and Wall Street Journal articles appearing today and would look into this matter. Mr. Waldman noted that in his opinion the article only addressed when use of land is blocked. Mr. Waldman does not feel that review of a land parcel would constitute blockage and felt zoning in progress would be an option. Mr. Toshner noted that the Town can not take away "all use" or temporarily taking away use without compensation as had been done in the past by method of moratorium. It was the general consensus of the Board Members that some of the . larger parcels be isolated and looked at at this time, treating the recommendations as an amendment to the comprehensive plan. In that v PLANNING BOARD . Regular Meeting -- Minutes June 10, 1987 Page 4 of 6 regard, Mr. Toshner and Mr. Sliney were asked to meet and make up a tentative schedule to amend the plan to meet the present regulations under Chapter 163. Mr. Toshner gave a rough estimate as to time --frames on an overall review noting it would take approximately 33 months, or until January, 1990 before all would be complete. Mr. Toshner will redo such schedule and incorporate 9J--11 into same with regard to traffic, water, and population studies to be worked in. Mr. Williams noted that the Palm Beach County Planning Agency as well as the Treasure Coast Regional Planning Council would have to be built into this process. MOTION was made by Mr. Ward, seconded by Mr. Waldman, that a program be drawn up for the Planning Board's activities over the next one and a half years. The most pressing question at the moment is the examination and possible rezoning of all vacant properties in the Town of Highland Beach which were not included in the last land use amendment taking into consideration water supply, sewage problems, the density of the Town, the need for evacuation in a hurricane and traffic circulation. Under discussion, Mrs. Rome expressed her concern that some of the • properties along the ocean front that were developed, i.e. motels (Boxwood, etc.), should also be considered. Mr. Toshner also felt that anything having an impact on current zoning should be added to the motion in addition to traffic circulation, etc. The MOTION was then amended as approved by Mr. Ward and Mr. Waldman to read as follows: "That a program be drawn up for the Planning Board's activities over the next one and a half years. The most pressing question at the moment is the examination and possible rezoning of all vacant properties and any other properties which may be considered advisable to undertake for consideration in the Town of Highland Beach which were not included in the last land use amendment, taking into account consideration of water supply, sewage problems, density of the Town, the need for evacuation in a hurricane, traffic circulation and any other items which may be of impact on the current zoning". This MOTION was adopted unanimously as amended. Mr. Toshner and Attorney Sliney will work up a proposed time schedule for the July 8 meeting. It was noted that several Planning Board Members would be away at this time, however, the remaining Members will look over the proposed time table. Mr. Toshner was thanked for his attendance at this meeting. J PLANNING BOARD Regular Meeting r Minutes • June 10, 1987 Page 5 of 6 OLD BUSINESS Under Old Business, the Planning Board reviewed the final site plan of the Dieter Heuser Home (Lot 13, Block 3, Bel Lido Sub --Division). The Planning Board noted that the plan had been reviewed at a prior meeting and a request had been made for new landscape plans and the submission of colors and pictures of the lighting. Mr. Sutherland noted that all the requirements on the plans had been complied with. Mrs. Leng felt that the landscaping plan such as the one produced at this meeting by Mr. Heuser should be required on all single family homes. Mr. Sutherland will encourage single family homes to submit such plans in the future. The Planning Board all reviewed the plans as submitted after which MOTION was made by Mrs. Leng/Mr. Waldman to approve the final plans for the Dieter Heuser House (Lot 13, Block 3, Bel Lido Sub -- Division). This MOTION carried unanimously with favorable votes. Mrs. Rome then questioned the status of the Building Department Pro- cedures which had been sent to the Town Manager for transmittal to the Town Commission for action. The Town Clerk advised that the Town Com- mission had reviewed the proposed procedures and had directed the Town Manager to handle those administrative requests through his office and that of the building official. Further, with regard to those procedural recommendations involving judicial matters, the Planning Board will be advised to submit such recommendations when the overall zoning ordinance • is considered. Mr. Williams will be sending a memorandum to the Planning Board to this effect. Upon questioning as to the status of the Teron Property, Mr. Sutherland noted that under the settlement negotiations with the Town, Teron had two years for substantial completion of the project which will expire in November of 1987. Mr. Sutherland did note there were no end provisions in this settlement negotiation inasmuch as the agreement read that ad- ditional permit fees would be imposed if in fact the project were not completed in the time frame allowed under the settlement stipulation. Mr. Sutherland noted that he was meeting with Mr. Schmidt, Vice President of Teron, on Friday of this week to express the Town's concerns in the progress of that project. With regard to the discussion involving proposed comprehensive plan changes, Mr. Williams advised that he could arrange for a representative of the Department of Community Affairs to address the Planning Board at their August meeting to discuss the rules and regulations set out in the most current state laws. Inasmuch as there will be several members of the Planning Board on vacation, the August meeting was set for Wednesday, August 19, at 1:30 P.M. Mr. Williams will have a representa- tive of the DCA available at that meeting. There being no further business to come before the Planning Board at this meeting, the meeting adjourned at 11:15 A.M. Ll PLANNING BOARD Regular Meeting - Minutes June 10, 1987 0 Page 6 of 6 APPROVED: DORIS R. ROME, CHAIRMAN JOHN E. WARD, VICE CH-,ALRMAN IRVING SAUNDERS MARVI A. WALDMA,N�k-g-q 17 vlz r C AMELIE LENG