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1987.04.08_PB_Minutes_RegularY • TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING - MINUTES Wednesday, April 8, 1987 9:30 A.M. A Regular Meeting of the Planning Board was called to order at 9:40 a.m. on April 8, 1987 by Chairman Irving S. Saunders. The Recording Secretary called the roll. Also present were: Vice Chairman Doris Rome, Marvin A. Waldman, John Ward, and Abe Futernick (Alternate Member). Absent were Chris Bartlett and Amelie Leng. Also present were Town Attorney Thomas E. Sliney, Town Clerk Mary Ann Mariano, John Toshner (Consultant, Gee and Jenson), Town Manager Hugh D. Williams, Deputy Town Clerk/Recording Secretary Elizabeth Kolek, and members of the public. Building Official Bruce Sutherland was absent. MOTION was made by Doris Rome, seconded by Marvin Waldman, to approve the March 11, 1987 Regular Meeting. All voted AYE. The Board and Mr. Toshner congratulated Town Attorney Sliney on'the recent successful outcome of the Ocean Terrace suit. The members of . the Planning Board also congratulated Attorney Sliney, for the record. John Toshner, Planning Consultant with Gee and Jenson, was introduced. Mr. Toshner thanked the Board for their confidence and stated that their cooperation would be needed with the Comprehensive Plan in the course of the next two years. He also assured them it will be a job well done. The State of Florida, Department of Community Affairs and the Regional Planning Council recently has approved the Town's proposal and has given the Town permission to proceed with amending the Land Use Plan. Mr. Toshner has attended one meeting in Tallahassee with the Planning Division, to date. The grant application was extended from March 31, 1987 to the end of April 1987. Mr. Toshner will send the Planning Board a copy of a letter which gives a simple status report and action to be taken in the next few months. By September 1987, the first portion of our amended Comprehensive Plan must be submitted, as outlined in the contract and grant application. He suggested some minor changes (and gave reasons) to the grant application because the way the legislation is written, it does not address the smaller communities and will submit a revised grant application this month. Mr. Toshner stated that the Town technically does not have to submit a revised Comprehensive Plan for approximately two years (April 1989) and will hold public hearings, workshops, etc., before going to final hearings. , F] I Planning Board Regular Meeting Minutes April 8, 1987 Page 2 of 6 In reply to Mrs. Rome's question as to what the next steps are, Attorney Sliney said the Town Commission had a first reading on April 7 of the ordinance and that he was working with Attorney Friedman and the Town Clerk on a schedule for the completion of the Comprehensive Plan, which should by completed by May. Attorney Sliney stated that a Resolution was passed regarding no building permits in Town which constitutes Zoning in Progress on all parcels in Town for 6 months and it is up to the Town Commission to extend it or not, though it cant be extended indefinitely, since he felt it would not be fair to the property owners and the Courts also would not look favorably on it. The Town Commission will decide this spring on a Moratorium to take the place of Zoning in Progress. He also felt that some legal consequences could result if all parcels in Town were put under Zoning in Progress. Town Manager Williams stated that no new plans can be accepted at this time, due to the recent Resolution. Some parcels in Town are unique and it was felt that something needed to be done. The parcels being considered for changes were discussed and it was • agreed that no parcels will be singled out and all parcels in the Town would be studied, along with any rights from any Court decisions. Attorney Sliney stated there are rational reasons why the different areas or parcels are to be studied. Mr. Toshner stated it could take 1 1/2 years before the Town will have final hearings. Our amended plan can only be submitted after the County submits their plan, which is in progress now and will possibly take 1 1/2 years. The County staff is looking at major density reduction, due to public concern. Rule 9-J-5, which is part of their contract, states the Comprehensive Plan is to be completely modified. By September, to qualify for the grant money, certain steps must be completed. He will coordinate with the Town Attorney and will move ahead to pace ourselves properly. It is also possible to apply for additional funds. Doris Rome stated that she feels the Planning Board Members should have a copy of Chapter 9-J-5, of the Florida Administrative Code, if it is to be followed when the Comprehensive Plan is amended. Mr. Toshner stated that he will provide the Board with a copy of Rule 9-J-5. 0 Planning Board Regular Meeting Minutes April 8, 1987 Page 3 of 6 Chairman Saunders asked if it would be appropriate to include the Colman property in the study. Attorney Sliney felt it could be included and stated that the Town does not know the terms of the acquisition of this property and that we will know about the Colman appeal decision in 30 days, as the Town needs to know what the final disposition is, regarding that property, since this was hot the final decision John Toshner stated that having a public park, Jap Rock site, adds a new dimension to the community and needs to be considered. Traffic studies will be made, data will be collected, Building Department records studied, water supply and other projections will be taken into consideration and studied. He felt an overall review should be considered and look into every parcel. NEW BUSINESS: Plans for the Di Renzo site were reviewed by the Board, after it was determined that it was appropriate to do so, since some members objected to certain information not being provided on the plans. The lot size is 200 feet by 70 feet, building is 2600 square feet (a/c), outside of building is 34.4 by 54, dock is approximately 170 feet by 6 feet. The neighbor to South is Edgewater Townhouses and is across from Wiltshire House. The property to the North is owned by Highlands Place. Slattery and Root will obtain all Permits and said that the gentlemen in New York are currentiv aettina auotes for the grnwnil_ After discussion, a few amendments were made to the plan (RML-1 zoning), such as adding frosted glass to the outside lighting fixtures to diffuse brightness along A-1-A, change the location of the address numbers, and note the adjacent property owners on the plan. The architects, Slattery and Root, were requested to make the specified changes on all the copies of the plans in the Building Department today. MOTION was made by Marvin Waldman, seconded by John Ward, to give final approval of the plan for the building and the pool only and not the seawall, with the specified corrections made to the plan. The roll call vote resulted as follows: Abe Futernick For Approval Doris Rome Against John Ward For Irving Saunders For Marvin Waldman For The MOTION carried 4-1. 5- Planning Board . April 8, 1987 Page 4 of 6 Regular Meeting Minutes The Secretary was directed to notify the Building Official of this action. Mrs. Rome felt that the Building Official and his staff should not have to be put through extra work when incomplete plans are submitted with- out the requested or required information. She also felt the Building Department and the Town Clerk's Department were not working responsibly for the Town, a statement she retracted later in the meeting after the Town Clerk cleared up the matter pointing out to Mrs. Rome that the Town Clerk's Department has no direct control over the operation of the Building Department. OLD BUSINESS: Marvin Waldman and Doris Rome questioned if the material on the front of Villa Nova was correct and John Ward stated that the building is correct as approved. Mr. Ward had discussed it with the Building Official and the Code Enforcement Officer previously. It was noted that John Toshner, Planning Consultant, appears on the ® Agenda at this time but Mr. Toshner was hired by the Town after the Agenda was closed. The Agenda was amended on 3/31/87. Mrs. Rome felt the Town business comes before any other business to be discussed. Mr. Toshner, therefore, was heard at the beginning of todays' meeting. The proposed amendments to the Comprehensive Plan was discussed and the consensus of the board was to review all parcels in Town, whether it has a building on it or not, in order to lower density in the event the property was sold or disposed of in some other way. The Planning Board requested a shaded map of the Town for each member, to help with the Comprehensive Plan study, which shows the undeveloped parcels and that a Memorandum be sent to the Building Official requesting same by May 6, 1987, one week prior to the next meeting. John Ward stated that he feels that the Board should insist that the Building Department study plans thoroughly and not waste the Planning Board's time and make architects wait another month for a slight infraction on plans. Doris Rome cited the Di Renzo plan and stated that the Building Official should have noted in his letter on the plan if the seawall was to be repaired or replaced. Marvin Waldman noted that the Town Code of Ordinances (Chapter 21-4) states that the owner must keep seawalls in good repair. .. o v Mqq Planning Board Regular Meeting Minutes April 8, 1987 • Page 5 of 6 Mrs. Rome stated that she feels the Building Inspector is not inspecting and issuing citations for seawalls. She felt this seawall is a disgrace. Abe Futernick stated that a seawall's disrepair is not easily visible from above the water and the services of a marine engineer is needed for a thorough evaluation. Doris Rome suggested that a Memorandum be sent to the Code Enforcement Officer, Tony Abbate, to notify the owner regarding the deplorable condition of the wooden construction fence, which faces A-1-A at the Bassolino house under construction and to repair it. The secretary was directed to send such a Memorandum. Site plan reviews were dimensions should be on easier for the Board to The Board felt that the identified on the plan. after a builder pulls a 12 months or they lose discussed and the Board felt that all outside the plan itself and scaled down to make it review and to avoid delays for the builder. neighboring properties should also be The members felt the time element involved permit, which presently is 18 months, should be all fees paid. Mr. Marshall was present today in error, since Peter Ince will be • resubmitting a revised plan for their property, the Board could not make a decision today. He was told to notify the Board in proper time to be placed on the next agenda. In reply to questions by the Board about why there seems to be no action by Teron International, Attorney Sliney stated that all time frames are defined for Royal Highlands, which is 18 months for completion. He felt that site plan approval time, before a permit is pulled, should be changed. It now is 8 months to get a permit, after site plan approval. It was suggested by the Board that the 1/3/86 Building Outline be submitted to the Town Commission for possible revision. Town Clerk Mariano stated that approval for a model at Royal Highlands (Teron) was given in the past 60 days to upgrade the facade and the landscaping of the model. Work is in progress on the seawall. The recent fire on the roof of Regency Highlands was discussed and the Wagy gazebo, since there were some conflicting statements heard by Board members as to whether or not the structure will be rebuilt. Attorney Sliney stated that a uniform solution should be worked out for all and that safety, fire, and any health violations should be corrected. Town Clerk Mariano stated that the matter is presently before the Code Enforcement Board and will be taken up at their next meeting on April 15. The recent sewage overflow problem in Boca Raton was discussed and Marvin Waldman felt that solid waste disposal is a problem and should be considered in growth management, since there is a problem all over South Florida. V Planning Board Regular Meeting Minutes April 8, 1987 • Page 6 of 6 The Planning Board requested Abe Futernick to review applications for site plan review with the Building Official and review and revise Building Department procedures (1/86) and incorporate the property survey and names of adjacent..properties or owners in this application form for site plan review. John Ward questioned how the Board should handle coercion and threats of litigation made by developers, as has occurred in the past. Attorney Sliney stated that this is heard often but the Board members should disregard it. Attorney Sliney sent a recent article to the Town Commission which concerned the liability of public official cases in a zoning context, that the developers do not automatically have the highest and best use of a property, only a reasonable use. Reasonable use is not open to lawsuits and is the best protection against suits. When reviewing all parcels for the proposed amendments to the Comprehensive Plan, it was the consensus of the Board to also reveiw all parking lots and passive park lots in Town, including the Holiday Inn property which presently has no zoning, but has a 20 year expiration date. Chairman Saunders stated that the next Regular Meeting of the Planning • Board will be held on Wednesday, May 13, 1987 at 9:30 a.m. MOTION to adjourn the Regular Meeting of the Planning Board was made by Marvin Waldman, seconded by John --War . Al`vote AYE. The meeting was adjourned at 11:45 a.m. APPROVED: ATTEST: �O �✓ DATE: %,� zi iy6' I r >-S . Saund - , airman Doris R. Rome, Vice Chairman Ma i A. Waldman, Regular Member �: Jo" T. Ward, Regular Member Abraham Futernick, A LeLnaLe Member