1999.10.06_TC_Minutes_SpecialV ; ~
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TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
SPECIAL MEETING
Wednesdav, October 06, 1999 1.30 P M
Mayor Thomas J. Reid called the Special Meeting to order in
Commission Chambers at 1:30 P.M., advising its purpose was
discussion of and possible amendment to the following proposed
ordinance, which was given first reading at the October 05, 1999
Regular Meeting:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 30, ENTITLED "ZONING," OF THE CODE OF
ORDINANCES: ADDING SECTION 5.19 ENTITLED "DETERMINATION
OF FINISHED FLOOR ELEVATION," AMENDING SECTION 13.7
ENTITLED "BUILDING HEIGHT," ADDING SECTION 5.20 ENTITLED
"EXCEPTIONS TO BUILDING HEIGHT," AMENDING SECTION 13
ENTITLED "DEFINITIONS" BY PROVIDING DEFINITIONS FOR
BUILDING HEIGHT EXCEPTION, HABITABLE SPACE AND USABLE
SPACE.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor
Michael W. Hill, Commissioner John J. Sorrelli and Commissioner
Paul R. Kane were present. Commissioner Robert L. Lowe was absent.
Town Attorney Thomas E. Sliney and Town Manager Ben Saag were
present, as were Planning Consultant Marty Hodgkins of Duncan
Associates, Building Official Bob Dawson, and members of the
general public.
Following roll call, the Pledge of Allegiance was given.
During the course of the Special Meeting, the following Motions to
amend were made and approved regarding the proposed ordinance, all
by roll call vote, except as where so noted:
Section 5.19: Determination of Finished Floor Elevation:
(a) West of SR AlA: Consensus to approve as written.
(b) East of AlA: Addressed after No, (3) below)
(1) Consensus to approve as written.
(2) Amend: The area below the finished floor elevation may not be
used for sleeping purposes. (Commissioner Kane/Vice Mayor Hill)
(3) Amend: Delete. (Commissioner Kane/Vice Mayor Hill)
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. Minutes of Town Commission Special Meeting
October 6, 1999 Page 2 of 4
(b) Amend: East of AlA (Alternate as presented in Hodgkins'
memorandum of August 16, 1999)
"For all parcels east of SR AlA,
finished floor elevation shall be at
least the "design breaking wave
crest approach or wave approach as
superimposed on the storm surge with
dynamic wave setup of a one-hundred
year storm" elevation as determined
by DEP. The finished floor
elevation shall not exceed the
average height of the dune on which
the structure is to be located."
Alternate Figure 1, as presented in
the August 16, 1999 memorandum shall
also apply.
(Commissioner Kane/Vice Mayor Hill)
PER MR. HODGKINS, NUMBERS (1) AND (2) WOULD REMAIN AS PREVIOUSLY
AMENDED; NO. (3) WOULD REMAIN DELETED AND NO. (4) SHOULD NOW READ:
THE AREA BELOW THE CEILING SHALL NOT EXCEED 8'
IN HEIGHT MEASURED FROM THE FINISHED FLOOR
ELEVATION OF THE GARAGE.
In response, it was requested that the Town Attorney and Mr.
Hodgkins draft language that:
CAPS THE DISTANCE FROM THE GARAGE FLOOR TO THE
GARAGE CEILING AT 8', AND LIMITS THE STRUCTURE
BETWEEN THE CEILING AND FINISHED FLOOR
ELEVATION TO 30".
(Vice Mayor Hill/Commissioner Kane)
Further discussion amended the 8' height to 9'.
Roll Call:
Commissioner Kane........Yes
Commissioner Sorrelli....No
Vice Mayor Hill..........Yes
Mayor Reid ...............Yes
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Minutes of Town Commission Special Meeting
October 6, 1999 Paste 3 of 4
Section 2. Sec. 13.7:
13.7 Building height means the vertical distance between the
finished floor elevation and the following:
(b) pitched roof : the tni~-point between the bottQm__ of the
e.aves__.and the highest roof ridge or peak associated with
a structure [plus Figure 2].
(Vice Mayor Hill/Commissioner Sorrelli)
Section 3. Sec. 5.20
5.20 Exceptions to building height.
(a) Exceptions: Consensus to accept as written.
(b) Measurement: SEE 13.7 (b) ABOVE.
(c) Limitations:
(1) thru (7): Consensus to accept as written.
• (d) Elevators:
(1) thru (4): Consensus to accept as written.
(e) Observation Decks & Widows' Walks.
(1) Consensus to accept as written.
(2) Consensus to accept as written.
(3) Electricity, water and similar services shall not be
installed unless determined appropriate for
maintenance and safety.
(Commissioner Kane/Vice Mayor Hill)
(4) Consensus to accept as written.
(5) Consensus to accept as written.
(6) Consensus to accept as written.
(7) Swimming pools, spas, Jacuzzis, and hot tubs, but no
other recreational facilities, shall be allowed on
a roof top of a single family dwelling.
Recreational facilities of this nature may be
permitted on the roof of a multiple family dwelling
• if approved by the Town Commission.
(Commissioner Kane/Commissioner Sorrelli)
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Minutes of Town Commission Special Meeting
October 6, 1999 Paae 4 of 4
(8) Consensus to accept as written.
(9) The decks, walks, safety railings and other
building height exceptions shall be constructed in
a manner consistent with the architectural style,
colors and materials of the principal structure.
Section 4. Section 13 of Town Code:
13.7a Consensus to accept as written.
13.30 Consensus to accept as written.
13.31 Consensus to accept as written.
Review of the proposed ordinance ended with a MOTION by VICE MAYOR
HILL/COMMISSIONER SORRELLI that the Town Attorney and Mr. Hodgkins
prepare a draft incorporating the amendments made today for the
Commission's review .
There being no further business to come before the Commission at
this time, Mayor Reid adjourned the Special Meeting at 4:10 P.M.
upon MOTION by COMMISSIONER SORRELLIjVICE MAYOR HILL.
Note: A copy each of the proposed ordinance submitted on
September 15, 1999 by Town Attorney Sliney, as well as
Mr. Hodgkins' August 16, 1999 memorandum re "Draft Code
Amendments Affecting Building Height" attached to and
made part of these Minutes.
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APPRO ~~
Thomas J. Reid, Mayor
Joh~`J. Sorre~~,i, Commissioner
i
Michae W. +' 1, is or
C.C.._
Paul R. Kane, Commissioner
- Absent -
Attes
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Date : l~~Z ~4'
Robert L. Lowe, Commissioner
~ 2000 Glades Road Albany
State 400 Boca Raton
_,
Boca Raton, FL 33431-8599 Bu alo
HODGSON RUSS Thomas E.Sliney 561-394-OSOOt10CAttATOx '~
Partner 561-736-2177 PALM sEACH New York
ANDREWS F,xT:3osz 954-764-2440saowAan Toronto
WOODS ~ tsliney@hodgsonruss.eom BAx: 561-394-3862 Palm Beach Gardens
GOODYEARtrr ~"~'`~` www.hodgsonruss.°om
ATTORNEYS A T LAW Susan K. Baumel, P. A. Stephanie A. Russo
Lawrence F. Beyer Elam K Scoler
Lacy Corman, P.A. Thomas E. Sliney, P.A.
George F. deClaire
Anthony L. Dutton, P.A. James A. Porter, P.A.
September 15, 1999 7effiey s. Geller of counsel
Richard A. Goetz, P.A.
Michael H. Goya, P.A. t:F.smavT na New Yoax
James M. Hankins, P.A. Paul R Comeau
Mr. Ben Saag, Town Manager Diane Nowak Kent Mark S. Klein
Paul fi. Roman Stephen M. Newman
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, FL 33487
Dear Ben:
Re: DRAFT ZONING ORDINANCE CHANGES
As you know, on August 11, 1999, the Planning Board transmitted its recommendations
for zoning ordinance changes to the Town Commission. The Town Commission is to now
review those recommendations and determine whether it desires to adopt or modify those
recommendations. For discussion purposes at the September Workshop meeting I am enclosing
a draft ordinance which has been prepared based on the recommendations of the Planning Board
• and in the same format. However, as you will recall, the Town's planning consultant in his letter
of August 16, 1999, gave alternative recommendations for several of the more controversial
items which you and the Town Commission will want to review as part of a comprehensive
review of the proposed changes. The Town Commission can change the draft ordinance by
following the alternate recommendations or by proposing some other alternate solutions, if it so
chooses.
After the September Workshop Meeting I will work with Doris Trinley to schedule the
required public hearings. We will have a first reading of the Ordinance on October 5, 1999,
which will allow us to move the matter forward. During the month of October we can meet with
the consultant and with anyone else that the Town Commission wishes to involve in the process.
Please distribute a copy of this letter and the draft ordinance to all of the Town
Commissioners.
Very truly yours,
HODGSON, RUSS, S, WOODS & GOODYEAR, LLP
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By:
TES:sIs Thomas E. Sliney
Enclosure
FLADOCS:39591_1 (%JROI)
12577.0050
A Registered Limited Liability Partnership Including Professional Associations