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1987.05.20_PB_Minutes_RegularJ TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD PUBLIC HEARING - MINUTES Wednesday, May 20, 1987 1:30 P.M. A Public Hearing of the Planning Board was called to order at 1:30 p.m. by Vice Chairman Doris Rome. The Recording Secretary called the roll. Also present were: Marvin A. Waldman, John Ward and Chris Bartlett. Absent were Chairman Irving Saunders, Amelie Leng and Alternate Member Abe Futernick. Vice Chairman Rome stated that the purpose of this Public Hearing was to elicit public comment on a proposed building permit moratorium ordinance, titled as follows: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO BE DESIGNATED AS THE BUILDING PERMIT MORATORIUM ORDINANCE; RELATING TO SUSPENSION OF APPLICATIONS FOR BUILDING PERMITS FOR NEW CONSTRUCTION AND THE ISSUANCE THEREOF; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING THE LEGISLATIVE INTENT AND PURPOSE OF THIS ACT; DECLARING A MORATORIUM ON APPLICATIONS FOR AND ISSUANCE TO BUILDING PERMITS FOR NEW CONSTRUCTION; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Attorney Sliney gave the Planning Board a status report on this proposed ordinance, citing the Planning Board's action on January 14, 1987 recommending the adoption of the building permit moratorium ordi- nance. Attorney Sliney further explained that due to time constraints, and other pending matters, the Town Commission had not been able to address this issue within the required 90 days of Planning Board action which necessitated the Public Hearing being held today. Attorney Sliney also attested to the fact that all required notices and adver- tising had been done for this Public Hearing in compliance with state law. Vice Chairman Rome noted that although all advertising requirements had been met, there were no members of the public present to give input into the proposed ordinance. Mr. Waldman then stated that inasmuch as there was no input from any members of the public regarding any negative aspects of the proposed ordinance, that the following language be treated as a Resolution of the Planning Board: "WHEREAS, the Town of Highland Beach has applied for modification of its Water Use Permit; WHEREAS, in connection with the Town's application, the South Florida Water Management District has prepared a staff report regarding the Town's water supply; Planning Board Public Hearing May 20, 1987 Page 2 of 4 WHEREAS, pursuant to a Salt Water Intrusion Monitoring Program, the District found that existing wells have incurred salt water intru- sion; WHEREAS, the District report determined that the capacity of ex- isting wells has declined from a design capacity of 2360 GPM to 1760 GPM; WHEREAS, the District report determined that "interconnects" cannot be used as part of a long-term water supply source because of the different types of chlorine residual used by neighboring munici- palities; WHEREAS, the District report further determined that well rehabil- itation will not provide a long-term solution to the Town's water supply difficulties; WHEREAS, to mitigate the salt water intrusion problem, the District has concluded that the Town should shift its pumpage to west- ward wellfields; WHEREAS, the District report recommends that the Town permit ex- pire on February 15, 1989; WHEREAS, the District report further called for an evaluation by the Town prior to said date of long-term water supply alternatives and long term supply plan; WHEREAS, the Town has requested the engineering firm of Camp, Dresser & McKee to submit a proposal for locating a new wellfield and outlining a water conservation plan; WHEREAS, with respect to sewer facilities, the Palm Beach County Solid Waste Authority, by letter to the Town dated October 24, 1986, has stated its "significant concern" regarding the ability of the current system to accomodate Palm Beach County's solid waste disposal requirements; WHEREAS, the concerns of the Solid Waste Authority, as related in said letter, were based upon the following statements: A. The County is currently served by two (2) Authority disposal facilities; Dyer Boulevard Landfill and Lantana Landfill. B. Lantana Landfill is scheduled for closure, pursuant to a Florida Department of Environmental Regulation Consent Order, on March 1, 1987. C. The anticipated remaining life of the Dyer Blvd. Landfill at current generation rates, is approximately 30 months. V/ Planning Board Public Hearing May 20, 1987 Page 3 of 4 D. Replacement facilities for the Dyer Boulevard Landfill will not be available until late 1987 or early 1988. E. Replacement facilities for the Lantana Landfill serving southern Palm Beach County are to date unidentified; WHEREAS, the Solid Waste Authority has advised that its ability to accomondate further growth is "severelly constrained" until additional disposal facilities are sited; NOW, THEREOFORE, the Planning Board of the Town of Highland Beach, Florida, hereby resolves: Section 1. Short Title. This ordinance shall be known and may be cited by the short title of "Building Permit Moratorium Ordinance" of the Town of Highland Beach. Section 2. Legislative Finding of Fact The matters contained in the preamble hereof are hereby declared to be true and correct and con- stitute a legislative factual determination thereof. Section 3. Legislative Intent and Purpose It is the purpose and �intent of this ordinance to ensure sufficient water supply within the - Town for residential usage, to provide adequate water supply for fire- fighting and to provide adequate water supply for other emergency cir- cumstances. It is the further purpose, therefore, to enact and adopt hereby a moratorium on the acceptance of all petitions for rezoning, and applications for and issuance of building permits for new construc- tion, excluding single family structures, accepting only applications for buidling and remodeling permits for existing building. Section 4. Moratorium. There is hereby recommended to the Town Commission that there be declared a moratorium on the approval or acc- eptance, any other action that would allow for the construction or ex- pansion of any new construction, issuance of building permits for new construction, excluding single family structures, accepting only appli- cations for building and remodeling permits for existing buildings and building permits for single family use on approved building lots for a period of six months. Mr. Waldman continued by stating that due to the foregoing conditions, plus other conditions such as added traffic, ecological and environ- mental pollution that the Town would suffer should any further develop- ment be permitted, MOTION was made to accept the Resolution of the Planning Board and recommend the adoption of the Building Permit Mora- torium Ordinance by the Town Commission. This MOTION was seconded by Mr. Ward. Under discussion, it was agreed to amend the Motion to change the wording of the Resolution from "for a period of six months" t,o "for a period of not less than six months and more if determined J J . . W Planning Board May 20, 2987 Page 4 of 4 Public Hearing necessary by the Town Commission". The MOTION as amended carried unan- imously with favorable votes. During discussion, Mr. Ward read some excerpts from documentation being distributed by Mr. Colman as sales brochures for Villa Nova which indi- cated that the developer was very much in agreement with the Town's concepts of assuring the continuation of the Town's quality of life and provision of essential services by the limiting of growth. There being no further business to come before the Planning Board at this time, the meeting was adjourned at 1:50 p.m. APPROVED:(Absent) Irving S. Saumde , Chairman Doris R. Rome, Vice Ch irman Mar in A. Waldman John Ward (Ab ent) Amelie Le C. H. Bartlett (alternate) DATE:— �j