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1989.11.08_PB_Minutes_RegularTOWN OF HIGHLAND BEACH . PLANNING BOARD REGULAR MEETING - MINUTES Wednesday, November 8, 1989 9:30 A.M. The Regular Meeting of the Planning Board was called to order in Com- mission Chambers at 9:30 A.M. by Vice Chairman A.M. Fox, Jr. Deputy Town Clerk Doris Trinley called the roll. Present were Vice Chairman Fox, Regular Members Amelie Leng, Arthur Keller and Helene Harris and Alternate Member Arthur J. Kiefer. Chairman John E. Ward was absent. Also present were Attorney David Friedman and members of the general public. A MOTION was made by Mrs. Leng/Mrs. Harris to approve the minutes of the October 11, 1989 Regular Meeting, as amended to include the correct spelling of Mrs. Harris' first name. All members voted AYE. Vice Chairman Fox noted the Board had been informed that Jim Park, Senior Land Planner for Gee & Jensen, would be arriving about 15 min- utes late. As Mr. Park was to give his recommendations to the members regarding their responsibilities of implementing several elements and policies of the recently adopted Comprehensive Plan, Vice Chairman Fox suggested that the Board move onto New Business at this time. Before this was done, Mrs. Harris questioned the Town Attorney re- garding deletions and insertions noted in Ordinance 574, particularly the retitlement of Sections 8 and 9, wherein "Administration, enforce- ment, violations and penalties" were totally deleted to rename the Section "Building and Site Plan Review Procedures," while in renaming Section 8 to Section 9 only "Administration" was deleted so the title reads "Enforcement, Violations and Penalties." During the discussion Attorney Friedman noted that Chairman John Ward had worked closely with this ordinance and suggested that Mrs. Harris check with him for an explanation. He also said that when the ordinance is finally codified, consistency will be evident. Harold Chambers, 2524 S. Ocean Boulevard, who was first on the agenda for New Business was present at this time; however, he was to be repre- sented by Attorney Doak Campbell who had not yet arrived, so the Board went on to the next item on the agenda. Final Review for Single Family Residence, 1070 Bel Lido Drive, Block 4, Lot 1, Bel Lido. Submitted by Amelung Construction; E. Garrett/Owner. Amelung Construction representatives Ciro Gomez, Supervising Contrac- tor,and Dennis Spanola approached the Board and the members convened to the table to review the submitted plans. Mr. Keller asked why the Planning Board • Regular Meeting - Minutes November 8, 1989 Page 2 of 5 Building Official was not at the meeting and was informed that Mr. Heithaus was attending a seminar out of Town. Messrs. Gomez and Spanola told the members that no changes had been made to the plans since they had been approved by the Community Appearance Board. They pointed out the privacy wall that had come under discussion at that meeting, explaining that the 6' height was in compliance with code according to the Building Official. Mr. Keller asked if there was a cinder catcher for the fireplace on top of the stack and Mr. Gomez replied that one was placed at the bottom of the fireplace only. Asked by Mrs. Harris how large the house would be, Mr. Spanola replied that the structure would encompass 3,581 sq. ft. in total. Mrs. Leng asked how many air conditioners would be utilized; Mr. Spanola replied two units would be installed. After some further discussion, Mr. Keller/Mr. Kiefer made a MOTION to approve Sheets 1 through 5, dated September 26, 1989, depicting the residence of Eugene Garrett, 1070 Bel Lido Drive, Block 4, Lot 1, Bel Lido, as submitted by Amelung Construction Co. All members voted AYE. By this time Jim Park had arrived and the members returned to the first item on the agenda. • Discussion of Elements and Policies of Comprehensive Plan which require Implementation by the Planning Board. Mr. Park presented two handouts to the members, i.e., a copy of the Department of Community Affairs "Procedures and Criteria for the Review of Local Government Land Development Regulations" (Rule Chapter 9J-24) and a copy of the Table of Contents Sheet from their Model Land Development Code . Because of the language of Regulations, he added, all Comprehensive Plans will have to stand a broader range of tests to be deemed adequate. He also informed the Board of a State statute which requires that Land Development Regulations be reviewed and re- vised by every municipality within a year of submitting a Comprehensive Plan. The members and Mr. Park discussed the elements and policies assigned to the Planning Board for implementation. Among the areas covered were the need for a monitoring system to be put in place when these elements and policies are implemented, as well as the need to spell out criteria that will be equitable for all property owners. As regards obtaining grants, Mr. Park felt the Town would be eligible for $15,000 or so, but a work product must be submitted if funds are applied for and that product must withstand DCA review, as well as State review. Mr. Park felt the work product could be accomplished in two ways: (1) review pertinent ordinances and amend them, but do not incorporate them into concise document and (2) review and amend perti- nent ordinances and combine them into a single document. Planning Board • Regular Meeting - Minutes November 8, 1989 Page 3 of 5 Mr. Parks noted that the State does not require zoning districts as such, only land use districts. He also expressed the opinion that al- though the implementation of the Town's Land Development Regulations requires revisions and incorporation of new features into same, that this should be able to be accomplished by April 1, 1990. Mr. Friedman said he would like to have it done by March 28, 1990. Mr. Park agreed, noting that the lack of vacant land in Town would preclude an elaborate effort. Other elements and policies were then discussed, which included housing, solid waste, sanitary sewer, traffic circulation, stormwater manage- ment and re -development. Regarding re -development, Mrs. Leng requested Mr. Park to address how re -development would apply after a severe storm or hurricane where the CCCL would be altered. Mr. Park replied that the CCCL is not, in fact, a prohibition line against construction; if so, he continued, the State would have to say the CCCL was inviolable. Therefore, the Town must address re -development and set criteria which, if met, would afford the right to build. Mr. Park then advised the Board that it would be beneficial to get all related ordinances together and also to get other problems out of the way, such as different definitions of the same thing appearing in sev- eral ordinances. Also, in response to Mrs. Leng's question, Mr. Park said that the Town would be able to get assistance from South Florida Water Management District regarding environmental issues. Mr. Fox said that from the information imparted by Mr. Park today, it was evident that the Board would need his help on an ongoing basis as they prepared to implement those elements and policies for which they are responsible. Mr. Fox further stated that he and Mr. Ward would be back in touch with the Town Manager to arrange for such assistance, not only from Mr. Park, but from others in the firm when technical aspects were to be addressed. Final Review for After -the -Fact Satellite Dish, 2524 S. Ocean Blvd., Lot 126W, submitted by Harold Chambers/Owner. Doak Campbell, attorney for Harold Chambers, summarized events that led to Mr. Chambers being in violation of Code, advising the Board that his client had already received approval, with amended plans regarding sub- stitution of three sabal palms with one canopy tree on the north side, from the Community Appearance Board. He was appearing before the mem- bers today to ask their approval regarding structure and wind resis- tance, Mr. Campbell stated. After being advised by Attorney Friedman that they need only consider the criteria as set forth in Town Code 9-12.1, the members convened to the table to review and discuss the plans. 0 Planning Board Regular Meeting - Minutes • November 8, 1989 Page 4 of 5 When questioned about the location of the dish, Mr. Chambers said it was so located on his property as to avoid any obstruction in receiving satellite communications due to other structures. Mr. Fox brought up the fact that on the plan transmittal sheet, the Building Official had noted the plans did not meet Town requirements. As was noted earlier in these minutes, Building Official Harry Heithaus did not attend this meeting, so an answer as to specific requirements not met could not be immediately forthcoming. Mr. Keller asked Mr. Chambers if the fidelity of reception would be decreased if the dish were ground mounted. Mr. Chambers replied that it would since the dish must rotate. Attorney Campbell expressed the opinion that "lowered" might be a better choice of words in this regard, as his client considers the dish to be ground mounted. Mr. Keller continued his questioning of Mr. Chambers, referring to the "sway" factor of the pole during heavy winds or storms. Mr. Chambers explained how the pole was solidly sunk in cement and that in the event of heavy storms or hurricane conditions, he would remove the dish from the pole promptly for safety's sake. He then drew a sketch showing how the panels in the dish could be "popped out" quickly. Mrs. Harris asked at what point Mr. Chambers would determine if a storm was severe • enough to remove the dish from the pole and he replied that he has had extensive experience with storm conditions, having owned hotels on the west coast of Florida which were located in hurricane evacuation areas. He also stated that he would not be concerned with the "survival" of the dish if weather conditions were such as to pose a threat to safety. Although the members concluded that the dish itself was within Code as regards size limitation and wind resistance to 120 MPH, they discussed at length whether the dish was actually ground mounted since it is also attached to the house itself with a bracket. Mrs. Leng pointed out that she was a member of the Community Appearance Board when the ordinance regarding satellite dishes was formulated and expressed the opinion that apropos the term "ground mounted" the members were dealing with semantics in this discussion. She also indicated that this case was a good example of the need for very clear ordinance language perti- nentto definitions. Mrs. Leng also expressed concern that Mr. Chambers was being responsible only after -the -fact and also that the installers of the dish had not applied for permits. After some further discussion, a MOTION was made by Mrs. Leng/Mrs. Harris that the dish meets all requirements, except the Planning Board finds that it is not ground mounted and, therefore, the Town Commission would have to approve the satellite dish located at 2524 S. Ocean Blvd., Lot 126W, Harold Chambers/Owner. 0 Planning Board Regular Meeting - Minutes • November 8, 1989 Page 5 of 5 A roll call vote resulted as follows: Mr. Kiefer.....................NAY Mrs. Leng.................... .AYE Mr. Keller.....................AYE Mrs. Harris....................AYE Mr. Fox........................AYE Attorney Friedman then stated that since the Town is not in the busi- ness of installing satellite dishes, it would seem the ambiguity of the term "ground mounted" could have been clarified if the Building Official or someone with an engineering background were in attendance. Mr. Kiefer remarked that he considered the dish to be ground mounted and, meeting all other requirements, it would be non -conforming only if it extended beyond the 20' height limitation. At this point Vice Chairman Fox read into the record the transmittal sheet signed by the Building Official, dated October 3, 1989, which stated that the dish did not meet Town requirments. In this regard, Attorney Friedman instructed the clerk to request a memo from Mr. Heithaus explaining why the installation did not meet Town •requirements. (The clerk will respond to this directive and supply copies of said memo to all members.) The next Regular Meeting date was then announced to be December 13, 1989. There being no further business to come before the Board, the meeting was adjourned at 11:35 A.M. upon MOTION by Mrs. Harris/Mr. Kiefer. APPROVE: -ABSENT - John E. Ward, Chairman A.M. Fox, Jr., Vice Chairman A Amalfi Leng A 't ArthuY R. Keller ,Nt- t e A-P Heleng--Harj'is Arthur J. Kf fe WTTES DATE: