1990.08.07_TC_Minutes_Specialy A
• TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
PUBLIC HEARING
Tuesday, August 07, 1990 8:00 P.M.
Mayor Joseph A. Boulay called the advertised Public Hearing of the Town
Commission of the Town of Highland Beach, Florida, to order in the Com-
mission Chambers at Town Ha11 at 8:15 P.M. Others present were Vice
Mayor Bill Paul, Commissioners Betty Jean Stewart and Harold C.
Chambers. Commissioner Marvin A. Waldman was absent.
Others in attendance were Town Attorney Thomas E. Sliney, Town Manager
Mary Ann Mariano, Town Clerk Anne M. Kowals, Senior Planner Jim Park of
Gee & Jenson, and members of the General Public.
It was noted that this advertised Public Hearing was scheduled for the
purpose of receiving public comment with regard to the following
proposed ordinances:
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
RELATING TO REZONING, PROVIDING FOR THE AMENDMENT OF THE
"OFFICIAL ZONING MAP" OF THE TOWN OF HIGHLAND BEACH AS
INCORPORATED BY REFERENCE IN ORDINANCE NO. 503;
• PROVIDING FOR THE APPROPRIATE REVISION OF THE OFFICIAL
ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH TO REPEAL CHAPTER 28-1/2 ("TREES, SHRUBS AND
VEGETATION") AND ADOPT IN ITS PLACE A NEW CHAPTER 28-1/2
("XERISCAPE - LANDSCAPE REQUIREMENTS; INSTALLATION AND
MAINTENANCE"); PROVIDING FOR A STATEMENT OF PURPOSE; PRO-
VIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PRO-
VIDING FOR CONFLICTS; PROVIDING FOR LANDSCAPE DESIGN
STANDARDS; PROVIDING FOR XERISCAPE PRINCIPLES;.PROVIDING
FOR SITE DESIGN STANDARDS; PROVIDING FOR IRRIGATION
DESIGN STANDARDS; PROVIDING FOR PLANT MATERIAL AND
INSTALLATION STANDARDS; PROVIDING FOR MAINTENANCE
STANDARDS FOR CULTIVATED LANDSCAPE AREAS; PROVIDING FOR
MAINTENANCE OF NATURAL PLANT COMMUNITIES; PROVIDING FOR
LANDSCAPE PLAN REQUIRED; PROVIDING FOR VESTED RIGHTS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PRO-
VIDING FOR FEES; PROVIDING FOR ADMINISTRATIVE GUIDELINES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND, PROVIDING FOR AN EFFECTIVE DATE.
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH CHAPTER 30 ENTITLED "ZONING" SO AS TO AMEND
SECTION 4.3 ENTITLED RESIDENTIAL MULTIPLE FAMILY-LOW
,•
Town Commission Public Hearing Minutes
August 07, 19941
Page 2 of 5
DENSITY (RML-1); REPEAL SECTION 4.4 ENTITLED RESIDENTIAL
MULTIPLE FAMILY-LOW/MEDIUM DENSITY (RML-2); RENUMBER AND
AMEND SECTION 4.5 ENTITLED RESIDENTIAL MULTIPLE FAMILY-
MEDIUM DENSITY (RMM), RENUMBER AND AMEND SECTION 4.6
ENTITLED RESIDENTIAL MULTIPLE FAMILY-HIGH DENSITY (RMH);
AND, RETITLE AND AMEND SECTION 5.17 DRAINAGE; FOR THE
PURPOSE OF PROVIDING REVISED REQUIREMENTS FOR MINIMUM LOT
AREA; MAXIMUM DENSITY, MAXIMUM BUILDING HEIGHT, AND MAXI-
MUM LOT BUILDING COVERAGE; PROVIDING FOR STORMWATER MANA-
GEMENT REGULATIONS; PROVIDING FOR CODIFICATION; AND ALSO
PROVIDING FOR AN EFFECTIVE DATE.
4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH TO CREATE CHAPTER 31, ENTITLED "RESOURCE PROTECTION
STANDARDS"; PROVIDING FOR A STATEMENT OF PURPOSE; PROVID-
ING FOR TREE AND UNDERSTORY PRESERVATION; PROVIDING FOR
LETHAL YELLOWING DISEASE; PROVIDING FOR ENVIRONMENTALLY
SENSITIVE LANDS; PROVIDING FOR HABITAT OF ENDANGERED OR
THREATENED SPECIES; PROVIDING FOR FLOODPLAINS; PROVIDING
FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.
• 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH TO CREATE CHAPTER 32 ENTITLED "CONSISTENCY AND
CONCURRENCY DETERMINATIONS"; PROVIDING FOR DEFINITIONS;
PROVIDING FOR DETERMINATION OF CONCURRENCY; PROVIDING FOR
A SYSTEM FOR THE MANAGEMENT OF CONCURRENCY; PROVIDING FOR
AN ANNUAL REPORT; PROVIDING FOR ADOPTED LEVELS OF
SERVICE; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR
AN EFFECTIVE DATE.
Town Attorney Sliney announced the second advertised Public Hearing/
Special Meeting for the proposed ordinances is scheduled for Wednesday,
August 22, 1994! at 5:411 P.M. at Town Hall, 3614 South Ocean Boulevard,
Highland Beach, Florida.
Mayor Boulay, noting Senior Planner Jim Park of Gee & Jenson is present,
stated the ordinances will be addressed one by one with comments from
the public and commission received after discussion of each ordinance.
Paul Mehr, an Attorney with Winthrop, 5timson, Putnam and Roberts of
Palm Beach, Florida, representing Sentinel Communities, Inc. and a
receiver of Broadview Federal Savings Bank (a joint venture known as
Hidden Harbor Development owner of the Hidden Harbor RPUD projects which
include Town Lots 59, 60, 62, 65, 69 and 70), noted that, as to his
client's property, the ordinance is invalid and improper in its
entirety; it would infringe on his client's vested rights. Attorney
Mehr advised that they have instituted civil action against the Town of
• Town Commission Public Hearing Minutes
August 07, 1990
Page 3 of 5
Highland Beach for depravation of civil rights, taking of the property
and inverse condemnation. Further, Attorney Mehr urged the Town Commis-
sion not to pass the proposed zoning ordinance or to exempt his client's
property from said ordinance.
Attorney Sliney, referring to the property at the South end of Town
which is designated RO on the Future Land Use Map of the Comprehensive
Plan and relates to the park property, noted that Jim Park, Senior
Planner at Gee & Jenson, submitted three possible solutions regarding
the designation of the park property: 1) designate both portions of the
park site GSD - Government Service District; 2) utilize as special
exception for essential public structures which provision is already in
the Town's Code of Ordinances and allows a park in the RS and the RML
districts; and, 3) establish a new zoning district which could be called
Park and Recreation. Senior Planner Park advised that option 1 or
option 2 would be satisfactory; and, the Town would be consistent with
what has already been done on the plan if it were to use option 1 which
is to utilize the district it already has - GSD. Mr. Park noted that
option one is what he would recommend. Following substantial discussion
regarding this proposed ordinance, it was suggested that the record
reflect that the Town Commission Members are leaning to option 1 (GSD).
• The Town Attorney noted that the Commission's decision will be incorpor-
ated into the proposed ordinance at the August 22, 1990, Public Hearing/
Special Meeting at 5:01 P.M.
Attorney Sliney advised that the ordinance requirement was satisfied by
the reading, by title, of the proposed ordinances at the preceding
Regular Meeting; said proposed ordinances will be read in entirety, as
amended, at the August 22, 1990 Public Hearing/Special Meeting.
Mayor Boulay, noting the second proposed ordinance is described as a
Xeriscape Ordinance, requested comments. When Town Manager Mariano
stated that the definition for both "turf" and "vegetation inventory"
seems to have been omitted, Mr. Park advised that it could be that this
information was placed in the new Chapter 31.
Mr. Park, explaining the proposed ordinances, advised that they took the
Xeriscape Ordinance and various sections of the Town Code in an attempt
to blend them into two basic sections of the Code of Ordinance, the
first of which was Chapter 28-1/2 "Trees, Shrubs and Vegetation". With
the State requiring Communities to pay more attention to natural vegeta-
tion and the preservation of wetlands and habitats and preservation of
trees that exist during the course of construction, Gee & Jenson took
sections of the Town Code dealing with preservation of natural vegeta-
tion and placed them in a new Chapter 31 entitled "Resource Protection
Standards". Regarding the omission of the definition, as cited by the
Town Manager, Mr. Park, noting that a quick glance indicates same is not
included in Chapter 31, advised that there is no definition for pavement
therefore there is no definition for turf; however, a definition for
vegetation inventory, which is important, will be included.
Town Commission Public Hearing Minutes
August ~7, 1990
Page 4 of 5
Mayor Boulay noted that the third proposed ordinance was a change in the
classification of zoning. Attorney Sliney advised that the proposed
ordinance under discussion at this time is the more traditional zoning
ordinance that actually amends categories and changes densities, changes
heights, changes square footage areas and other items which are more
traditionally zoning. This proposed ordinance takes the existing zoning
classifications of RML-1 and RML-2 and combines it into one RML zoning
classification and changes the density, height and other aspects of that
particular zoning district; RMM is changed as far as its zoning regula-
tions and so is RMH. When requested by the Mayor, no public comments
were forthcoming.
The Mayor, noting the fourth proposed ordinance is titled "Resources
Protection Standards", requested public comments; none were
forthcoming.
Mayor Boulay noted the fifth proposed ordinance is titled "Consistency
and Concurrency". Mr. Park, explaining this proposed ordinance, advised
that the State's 1985 Growth Management Legislation says that Cities,
Towns and Counties should plan for the future and develop new Comprehen-
• sive Plans. The State insists (and the Statutes dictate) that no local
government shall issue permits for development unless there is suffi-
cient public infrastructure available to serve that development. That
is stated in various ways in the Comprehensive Plan which sets forth the
standards regarding the number of gallons of water per capita that will
be consumed in a City, how high the flood water will be allowed to rise
in the storm drainage system, and the output in terms of sewage on a
per capita basis. With these standards set in the Comprehensive Plan,
the Town must now adopt an ordinance that says how we go about allowing
development to occur and make certain that we do not violate the
standards we put in the Comprehensive Plan. This new Chapter of the
Town's Code sets forth a procedure that will be used; it states the
burden of proof is on the developer of the property in the Town to
undertake the necessary studies to demonstrate to the Town at the time
he comes forward with a proposal that his project will not overload the
infrastructure system in any way. The professionals engaged by the
developers not only design the buildings but also look at what impacts
that project will have on the systems that will serve it. Chapter 32
also includes a single requirement for the Town which is necessary for
this system to work; that is, each year, the Town will look at the
building permits it has issued and it will review the analysis that had
been presented to the Town from the various proposers for development.
The Town can now identify, at the end of each year, how much capacity
remains in the various systems; or, is the Town approaching a point
where a building moratorium is required or are improvements necessary to
allow development to continue. At the end of each year, it is the
Town's responsibility to look at the infrastructure facilities and make
certain that the capacity is there so that, as of January 1, they can
continue to issue permits in the Town. A request for comments was made
by Mayor Boulay; none were forthcoming.
Town Commission Public Hearing Minutes
August 07, 1990
Page 5 of 5
Attorney Sliney reiterated the second Public Hearing which is set for
Wednesday, August 22, 1990 at 5:01 P.M. at Town Hall, 3614 South Ocean
Boulevard. Immediately following the Public Hearing, a Special Meeting
of the Town Commission will be called to order for the purpose of taking
final action on these proposed ordinances.
Mayor Boulay noted that copies of the ordinances may be inspected at the
Town Hall.
MOTION was made by COMMISSIONER CHAMBERS/COMMISSIONER STEWART to adjourn
the advertised Public Hearing. Mayor Boulay adjourned same at 840 P.M.
.,~.
APPROVED • ~-=~ ._ ._ ~~_, '~~~ ~ ~--
:--- .:_
~ Joseph A. Boulay Mayo
~ .,
~~~
Bi Paul, Vice Mayor
(Absent)
Marvin A. Waldman, Commissioner
Bet n , Commissioner
~~ ~ ` ~~
r~la' C.- Chas, Commissioner
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