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1989.08.29_TC_Minutes_Special (2). ~ T f ,,.4 TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission PUBLIC HEARING Tuesday, August 29, 1989 4:35 P.M. Mayor Joseph A. Boulay called the a Public Hearing of the Town Commission of the Town of Highland Beach, Florida, to order at 4:35 P.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor John J. Basso, Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Doris M. Trinley, and members of the general public. The Mayor noted that the Public Hearing had been called for the purpose of receiving input on the following Resolution Approving Settlement: RESOLUTION APPROVING SETTLEMENT AGREEMENT ENTITLED "RECLARIFICATION OF SETTLEMENT STIPULATION: BETWEEN THE TOWN OF HIGHLAND BEACH AND HIGHLAND OCEAN ASSOCIATES LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP AND REGARDING THAT CERTAIN PARCEL OF PROPERTY LOCATED EAST OF STATE ROAD Al-A BETWEEN BEL AIR DRIVE AND BEL LIDO DRIVE, DESCRIBED AS TOWN LOTS 2P1 THROUGH 28, EAST". The Reclarification of Settlement Stipulation, as well as the Architectural Design Standards, which will be attached and made a part of the foregoing Resolution, were discussed. Also discussed were the Plans submitted by Highland Ocean Associates. The follow- ing changes on each of the documents were noted as follows: Reclarification of Settlement Stipulation. (1) Throughout, the Reclarification Ordinance No. 580 and Resolution No. 558, were inserted in the blanks. (2) On Page 2, Section 2, line 8, August 16, 1989 was changed to read August 15, 1989, with the rest of the sentence amended to read as follows: "and consisting of thirteen (13) sheets (A-1 through A-13) and Survey dated 11/8/88, and the docu- ment entitled "Highland Beach Project Design Architectural Stan- dards" dated, as last revised, August 29, 1989, (hereinafter the "Plan")." (3) On Page 4, preceding the last sentence in paragraph 5, the following language was added: "if at the end of said five (5) year period all required building permits for the Plan have not been issued by the Town, the Owner may seek an extension of time from the Town for an additional two (2) year period and the Town ~, Commission Public Hearing Minutes August 29, 1989 Page Two of Three approval of said request shall not be unreasonably withheld. If, however, at the end of the two (2) year extended period, all buildings permits have not been issued, then and in that event, the Town may, within its discretion, upon compliance with appli- cable law, rezone the property to a zoning classification that would allow no more that fourteen (14) single family homes for the entire property if such rezoning has not already been accomplished." (4) On Page 5, paragraph 7, the following sentence was added to the end of said paragraph: "In no event shall this credit entitle the Owner to a refund of any kind for fees previously paid, notwithstanding the amount of credit actually used by Owner ." Architectural Design Standards. (1) The first sentence was amended to read as follows: "All construction lot signage must be approved by the Town. • (2) Page 5, Landscaping and Irrigation, Section A. The last sentence of this section was amended to read: "Owner shall comply with the Xeriscape and irrigation guidelines established by High- land Beach. (3) Page 6, Exterior Lighting, Section A. The following language was added to the end of Section A: "and shall conform with Ordinance No. 554 of the Town for the protection of nesting sea turtles. It was noted for the record that with regard to overall site plan (alternate "A"), the word "optional" was omitted from the reference to the beach access easement. All of the amendments noted herein will be incorporated into the subject documents for purposes of proposed adoption of the Resolu- tion approving same, at a Special Meeting to be held following this Public Hearing. The Mayor requested public comment and input, however, no member of the general public desired to be heard on the issue. There being no further business to come before the Town Commission at this Public Hearing, same was adjourned upon proper MOTION at 4:35 P.M. ~'' ' "`' Town Commission Public Hearing Minutes August 29, 1989 Page Three of Three r.. . AT'~~ST 1~ ~~ ~ D AT E : ,/~,,~ . ~~3 APPROVED: Jose A. "Boul~y, Ma~iyor ~ Jo n J. asso, Vice Mayor ores R. R me, ommissioner <~ Marvin A. Waldman, Commisslo er ,~' - Be y Jean Stewart, Commissioner