1990.08.22_TC_Minutes_Specialw
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
PUBLIC HEARING/SPECIAL MEETING
Wednesday, August 22, 1990 5:01 P.M
Mayor Joseph A. Boulay called the advertised Public Hearing/Special
Meeting of the Town Commission, Town of Highland Beach, Florida, to
order at 5:01 P.M. in the Commission Chambers at Town Hall. Others
present were Vice Mayor Bill Paul, Commissioners Marvin A. Waldman and
Harold C. Chambers. Commissioner Betty Jean Stewart was absent.
Also 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.
Mayor Boulay noted this advertised Public Hearing/Special Meeting was
called for the purpose of receiving public comment and giving final
reading to, and considering the adoption of five proposed ordinances.
At this time, Attorney Paul Mehr of Winthrop, Stimson, 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)
reiterated the prepared statement which he voiced before the Town
• Commission at the August 7, 1990 Public Hearing. The statement noted
that, relative to his client's property, the ordinance is invalid and
improper in its entirety and, once again, urged the Town Commission not
to pass the proposed zoning ordinance or to exempt his client's property
from said ordinance.
Attorney Sliney recommended that, following the reading in full of each
ordinance, same be discussed amongst the Town Commission (with comments
from the public encouraged) and adopted one by one. Relative to the
first proposed ordinance, Attorney Sliney noted that Exhibit A is the
map (dated 06/13/90) submitted to the Town Commission by the Planning
Board on 06/13/90.
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 N0. 503;
PROVIDING FOR THE APPROPRIATE REVISION OF THE OFFICIAL
ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.
The proposed ordinance, which was read in its entirety, received lst
reading on 08/07/90 and was published on 08/08/90. During discussion,
it was noted that Town Lots 4 and 6 West and 4 and 5 East were purchased
by Palm Beach County and, under the Comprehensive Plan, are designated
as RO (Recreation/Open Space). It was further noted that, on the zoning
map, the East side property is designated RS (Residential) and there
Y
s
Town Commission Public Hearing/Special Meeting Minutes
August 22, 1990
Page 2 of 4
would be no problem if the Town Commission were to amend the map to
change the West side to a GSD (Government Service District) zoning
designation. Following the discussion, MOTION was made by COMMISSIONER
WALDMAN/COMMISSIONER CHAMBERS to MOVE that the zoning map be amended
from the RML designation to GSD designation on the West side. A roll
call vote resulted as follows:
Vice Mayor Paul "AYE" Commissioner Chambers "AYE"
Commissioner Waldman "AYE" Mayor Boulay "AYE"
•
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.
The proposed ordinance, given lst reading on 08/07/90 and published on
08/08/90, was read in its entirety. Following discussion, MOTION was
made by COMMISSIONER WALDMAN/VICE MAYOR PAUL to MOVE the ordinance be
adopted as of this date. A roll call vote resulted as follows:
Vice Mayor Paul "AYE" Commissioner Chambers "AYE"
Commissioner Waldman "AYE" Mayor Boulay "AYE"
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
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
Town Commission Public Hearing/Special Meeting Minutes
August 22, 1990
Page 3 of 4
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.
The proposed ordinance, read in its entirety, had 1st reading on
08/07/90 and was published on 08/08/90. COMMISSIONER WALDMAN/COMMIS-
SIONER CHAMBERS MOVED to adopt the ordinance just read. Mayor Boulay
noted said ordinance was entitled "Zoning". A roll call vote resulted
as follows:
Commissioner Chambers "AYE" Commissioner Waldman "AYE"
Vice Mayor Paul "AYE" Mayor Boulay "AYE"
At this point, it was noted that the last two proposed ordinances remain
to be addressed and it was the general consensus that Senior Planner Jim
Park's presence was no longer required. Therefore, Mr. Park departed
the meeting at approximately 6:00 P.M.
Town Manager Mariano noted all Commission Members were sent a copy of a
letter from Attorney Dan Rosenbaum advising that a meeting regarding the
Broadview Litigation has been set for Tuesday, August 28, 1990 at 1:00
P.M. at Attorney John Dotterrer's office, 125 Worth Avenue, Suite 310,
Palm Beach, Florida, which meeting conflicts with the Town Commission
Workshop Meeting on that date at 1:30 P.M. Following brief discussion,
Commissioner Waldman suggested that the Mayor and Commissioner Stewart
attend the meeting in Palm Beach while Vice Mayor Paul chairs the Work-
shop Meeting which will be attended by Commissioners Waldman and
Chambers. It was noted that Town Attorney Sliney would also attend the
Broadview Litigation Meeting in Palm Beach. Should there be no quorum
for the Town Commission Workshop Meeting on August 28, 1990, the Town
Clerk would announce that fact in the Commission Chambers on that date.
As there were three Commission Members present to continue with the
advertised Public Hearing/Special Meeting, Commissioner Waldman,
requesting to be excused, left same at approximately 6:10 P.M.
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.
Town Commission Public Hearing/Special Meeting Minutes
August 22, 1990
Page 4 of 4
The proposed ordinance received lst reading on 08/07/90, and published
on 08/08/90, was read in its entirety. VICE MAYOR PAUL/COMMISSIONER
CHAMBERS MOVED to adopt this ordinance and to include today's date on
page 35. The roll call vote resulted as follows:
Commissioner Chambers "AYE" Vice Mayor Paul "AYE"
Mayor Boulay "AYE"
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.
Following the reading in its entirety of the proposed ordinance which
had 1st reading on 08/07/90, was published on 08/08/90, a MOTION by VICE
MAYOR PAUL/COMMISSION CHAMBERS to MOVE the adoption of this ordinance,
. resulted in "AYE" votes cast by Vice Mayor Paul, Commissioner Chambers
and Mayor Boulay.
There being no further business to come before the Town Commission at
this advertised Public Hearing/Special Meeting, upon MOTION by COMMIS-
SIONER CHAMBERS/VICE MAYOR PAUL, Mayor Boulay adjourned same at 7:45
P.M.
APPROVED:
ose h Boulay, Mayor
Bill Paul, Vice Mayor
r in A. Waldman, Commissioner
(Absent)
Bet an St r Commissioner
a er Toner
ATTE
Date