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1989.01.11_PB_Minutes_Regular (2)TOWN OF HIGHLAND BEACH, FLORIDA • PLANNING BOARD PUBLIC HEARING - MINUTES Wednesday, January 11, 1989 10:30 A.M. Chairman Ward called the advertised Public Hearing of the Planing Board, Town of Highland Beach, Florida, to order at 10:30 A.M. in the Commission Chambers at Town Hall. The Deputy Town Clerk called the roll. Present were J. Ward, A. Leng, A. Keller, A. M. Fox, Jr., and H. Harris. Alternate member R. Gregerson was absent. Also present were Town Attorney D. Friedman, Deputy Town Clerk R. Bavender and members of the general public. Chairman Ward noted that the purpose of the Public Hearing was to review a proposed amendment to Chapter 30 of the Town Code of Ordinances entitled "Zoning" adding a new Section 5.18 entitled "Open Space Land and Recreational Land Dedication of Open Space Land or the making of "in lieu" payments by the developer of a multiple family units and single family units. The Planning Board Members read through, in its entirety, Ordinance No. Is 563. Mr. Ward commented on the Ordinance by referring to paragraph (g) on page 2, noting the words "reasonable period of time" in dealing with expending funds. Mr. Ward felt a time -frame should be addressed. After discussion, it was the general CONSENSUS of the Planning Board that the section in question should be left as it is. Mr. Ward addressed Section 3 by noting the last 4 words in that section; "has not been issued" and stated that if a permit is issued for property 10 years ago, but no action was taken on it, it might possibly be exempt from this Ordinance. Town Attorney Friedman suggested substituting the words "is not presently in effect" for "has not been issued." Mr. Keller made a MOTION to change the words "has not been issued" to "is not presently in effect" in Section 3 of Ordinance 563. The MOTION was seconded by Mrs. Harris and all members voted AYE. Mr. Ward called for public comment and Mr. Philip Colman, resident of Highland Beach, addressed the Board. Mr. Colman questioned the purpose of this meeting. Mr. Ward commented by stating this meeting was held to provide placement for Ordinance 563 in the Zoning Code. Town Attorney Friedman noted that when the Ordinance was previously adopted, it was not specified to go into the Zoning Code and since most developers tend to read the Zoning Code it should be incorporated into that section. • PLANNING BOARD Public Hearing - Minutes January 11, 1989 Page 2 of 2 Mr. Colman raised the question again regarding "reasonable period of time" in paragraph (g) on page 2. Mr. Colman stated he would be concerned about when the money would be expended to build recreational facilities to substantially benefit the residents of a new development. Mr. Friedman stated he felt there was not any time limitations put on expending funds due to the fact that it might be a lengthy process due to negotiations and such when purchasing land to build recreational facilities on. Mr. Colman noted that developers are mandated by the Town to start projects within a certain time -frame, mandated to have substantial completion within two years, and is suggesting the Town impose a time limit upon itself, just as it imposes time limits on developers. Mr. Colman went on to state he felt "this ordinance is unjust, unfair, arbitrary, discriminatory and confiscatory," but has paid his "dues" and would like to see some results. After much discussion regarding the time limit to put on the expending of funds, and upon wording from Town Attorney Friedman, the following MOTION was made by Mr. Keller/Mr. Fox: • The Planning Board recommends that the Town Commission adopt an Ordinance amending Chapter 30, creating a new Section 5.18 entitled "Open Space and Recreational Land Dedication" incorporating the provisions of Ordinance 563 with the following exceptions: 1. Section 1, subparagraph (g) of Ordinance 563 be amended to add the words "not to exceed five (5) years" after the words "reasonable period of time". 2. Section 3 of Ordinance 563 substitute the words "is not presently in effect" for the words "has not been issued". The MOTION carried unanimously with all members voting AYE. There being no further business to come before the Planning Board a MOTION to adjourn was made by Mr. Keller/Mrs. Harris at 11:30 A.M. Zy APPROVE: 4­0� Joh E. Ward, hairman A. Fox, Jr. a Am ie Leng Arthur . Keller d' ATTEST: DATE: Helene Harris rb