1990.03.14_PB_Minutes_Regular:7
TOWN OF HIGHLAND BEACH, FLORIDA
PLANNING BOARD
REGULAR MEETING MINUTES
March 14, 1990
10:35 A.M.
In the absence of Chairman John E. Ward, Vice Chairman A. M. Fox, Jr.
called the Regular Meeting of the Planning Board, Town of Highland
Beach, Florida, to order at 10:30 A.M. in the Commission Chambers at
Town Hall.
Deputy Town Clerk Anne M. Kowals called the roll. Present were Vice
Chairman A. M. Fox, Jr., Regular -Members Amelie Leng, Arthur R. Keller
and Alternate Members Arthur J. Kiefer and Abraham Futernick who acted
in the capacity of Regular Members. Absent were Chairman John E. Ward
and Regular Member Helene Harris.
Also in attendance were Town Attorney David K. Friedman, Senior Planner
Jim Park of Gee & Jenson and members of the general public.
A MOTION was made by MR. KELLER/MRS. LENG to approve the Minutes of the
February 14, 1990 Regular Meeting of the Planning Board. The MOTION
carried favorably.
• Vice Chairman Fox, noting this meeting was delayed by one hour due to
Gee & Jenson Senior Planner Jim Park's expected arrival at approximately
10:30 A.M., suggested the Members review the topics to be discussed
during Mr. Park's presence.
Attorney Friedman noted that Chapter 32, entitled Consistency and
Concurrencyk includes a definition for Concurrency but does not include
one for Consistency. The Town Attorney, noting that there may be a
definition for Consistency in the Florida Statues, advised that same
should be included in Chapter 32.
Regarding Initial Determination of Concurrency, Item (e) on Page 32-5,
the Town Attorney questioned if perhaps Mr. Park means Preliminary Site
Plan when he refers to a Preliminary Development Plan. Mr. Keller noted
that perhaps Mr. Park is not using the Town's terminology.
Attorney Friedman advised that the Town should be careful with regard to
the Recreation Standards listed on page 32-9. The Town Attorney stated
that, on the whole, he thought that Recreation and Concurrency were
fairly well developed and would not be difficult to follow; however, he
questioned who would be responsible for the preparation of the Annual
Report referred to in Section 5 on page 32-5.
Senior Planner Jim Park arrived at this point in the Meeting at which
time Vice Chairman Fox, sitting in as Chairman, informed him that the
Members were in the process of reviewing Chapter 32.
•
Planning Board
Regular Meeting - Minutes
March 14, 1990
Paqe 2 of 4
When Attorney Friedman questioned the definition of the Final Develop-
ment Order referred to on page 32-2 (a) General Rule (2), Mr. Park ex-
plained that a Development Order says you have approval of the elected
body to do something, and as such, a Development Order is not issued by
the Building Official.
With regard to Page 32-5 (e), as discussed prior to Mr. Park's arrival,
it was agreed that Preliminary Development Plan will be changed to read
"Preliminary Site Plan" in order to avoid any confusion.
Relative to the Annual Report (Section 5, page 32-5), Mr. Park noted
that Report is the only way you can bring about the concurrency require-
ment and it is prepared by the Building Official. Mr. Park advised that
said Report tracks development for each year to see how close we are
tracking with the Comprehensive Plan. Mr. Park further advised that,
after receipt of the 1990 Census figures, the Town would review those
figures and, if they are a lot different than the Comprehensive Plan,
the Town would then amend its Comprehensive Plan. It is Mr. Park's
belief that the State will forward correspondence to all Committees
requesting that they look at the Comprehensive Plan and perhaps revise
them in relation to the 1990 Census tabulations.
Mr. Park noted that the Comprehensive Plan requires that the Town
achieve Concurrency; and, the Development Regulation gives latitude on
how the Town will achieve that Concurrency.
The Members discussed the Adopted Levels of Service (Item 6 on page 32-
7) at length. With regard to Potable Water, Mr. Park noted that
development activity shall not be approved unless sufficient capacity to
sustain the levels of service for Potable Water, as established in the
Town's Comprehensive Plan, is available. It was noted that the Town has
no control over the permitted South Florida Water Management District
allocations.
Mr. Keller stated that the Town is behind 5 years with regard to South
Florida Water Management District allocations for potable water; and,
cutting density is not wrong as the water supply should be above what is
required.
Mr. Park informed the Members that Gee & Jenson has prepared and
presented to the Town Commission a report on the Bike Path which has
serious problems that can not be solved easily.
The Members discussed Chapter 31 (Resource Protection Standards) at
length. Mr. Park noted that this is a very complicated matter and they
referred to the Comprehensive Plan where it is noted that the Town wants
to preserve the wetlands, etc., and encourage healthy vegetation and
habitat in order to be environmentally responsible.
• Planning Board Regular Meeting - Minutes
March 14, 1990 Page 3 of 4
Members engaged in a lengthy discussion with regard to the Town's
Xeriscape Ordinance and Manual. Mr. Park noted that this document
presents problems due to the fact that the Town has a Xeriscape
Ordinance which is a lot more than Xeriscape; (it discusses standard
maintenance, pruning, mowing, a landscape plan is required) it contains
may things that are beyond the simple Xeriscape Landscaping which
requires the use of plants that need little water. The Manual contains
a page listing shrubs that are desirable which have nothing to do with
Xeriscape as such. Mr. Park noted that the Comprehensive Plan indicates
the Town will continue to enforce the Xeriscape Ordinance, therefore, it
will be retained and kept in the Code. Mr. Park noted that the
Xeriscape Ordinance covers fundamentals above Xeriscape which creates a
problem with the Xeriscape Ordinance; he would like to remove any
duplication to avoid confusion and he suggested it be called "Xeriscape
and General Landscape Requirements". It was recommended that the most
stringent requirements be used and placed in the proper sections in the
Code.
Both Mrs. Leng and Mr. Keller agreed that the Xeriscape is becoming a
national scale and therefore the Xeriscape Ordinance should be the
Town's guide (where there is conflict, remove it) and, refer developers
• to the Town's Xeriscape Ordinance. Attorney Friedman advised that,
where there is conflict, the Xeriscape Ordinance shall control; and,
Chapter 31 (as submitted to the Members for today's meeting) has to be
condensed. The Town Attorney requested that Mr. Park make sure the
language in the Xeriscape Ordinance is consistent with the language in
the Xeriscape Manual.
Following extensive deliberation of the Town's Xeriscape Ordinance and
Manual, Mr. Keller stated that he does not like the recommendation (made
by Mr. Park) to change the title of said document. Mr. Park noted that
in the back of the Xeriscape Ordinance, the Town has included the Tree
Pruning Ordinance thereby making this document a potpourri which is far
removed from the Xeriscape Ordinance.
When questioned by Attorney Friedman with regard to the title of Chapter
31, Mr. Park responded that the title (Resource Protection Standards)
came from the State's Model of Development Protection Code.
Mr. Park noted that the Board of County Commissioners of Palm Beach
County, Florida, have adopted County Ordinance No. 90-2 with regard to
the Coastal Protection; if it applies in the Town, it must be adopted by
the Town by Resolution.
The Members discussed the "Comparison of existing and proposed Multi-
family Zoning Density Regulations" prepared by Gee & Jenson and Mr. Park
recommended the information be incorporated in terms of density, maximum
height and maximum building coverage in the Zoning Code; they could be
adopted as guidelines for people to use and may be available from the
Building Official.
• Planning Board
Regular Meeting Minutes
March 14, 1990 Page 4 of 4
C
At the conclusion of the lengthy discussion, Attorney Friedman requested
that Mr. Park submit the amended drafts (of the topics discussed this
day) to the Planning Board Members at least 10 to 12 days prior to the
advertised Public Hearing which is scheduled for April 11, 1990 at 10:00
a.m. (following the Regular Meeting scheduled on April 11, 1990 at 9:30
a.m.) .
A MOTION by MR. KELLER/MRS. LENG to adjourn this Regular Meeting of the
Planning Board carried without objection. Vice Chairman Fox, who
chaired this Planning Board Meeting, adjourned same at 12:40 P.M.
APPROVED: (ABSENT)
John E. Ward C an
ox, Jr., Vic Cha
A.M. jirman
Amelie Leng
Arthur R.-Xeller
(ABSENT)
Helene Harris
Ar-t44ff-r--),T. K
Ab aham Fu
ATTEST:
Date
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