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1984.07.10_TC_Minutes_Workshopf • TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission WORKSHOP MEETING TO REVIEW PROPOSED ZONING REVISIONS Tuesday, Jul 10, 1984 10:15 A.M. A Workshop Meeting to review proposed revisions to the Zoning Ordinance was called to order by Mayor Louis Y. Horton at 10:15 a.m. in the Town Commission Chambers at Highland Beach Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, Commissioners William E. Paul and Betty Jean Stewart. Commissioner John J. Basso was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Elaine W. Roberts; Building Official Bruce Sutherland; Town Clerk Mary Ann Whaley; citizens and the general public. Dr. Richard Orman, representing Ocean Terrace Properties, Inc. was present regarding Lots 101 E and 101 W. Dr. Orman urged the Town Commission to consider raising the height limitations with regard to Lot 101 W to 120 feet rather than the proposed 80 feet. Dr. Orman stated that justification existed for the change of this figure due to • the fact that this property was bounded on both sides by twelve story buildings and that it would create a hardship on the property owner to be required to build an eight story building between them. Dr. Orman further stated that if the height limitation to 120 feet was allowed in the RMH district on the ocean side only, that this would be the only undeveloped property affected by the change. Dr. Orman stated that with regard to Lot 101 W, same would be required to be developed in conformance with the Town Code in effect at the time of development. Dr. Orman stated that not only would the approval of this request make the east side development more marketable, it would alleviate any "jagged tooth" effect along that portion of AlA. Discussion then ensued regarding the proposed zoning revisions with specific emphasis on the following: Section 9. Special Exceptions. This matter was discussed with it being the consensus that all special exceptions should be heard and decided upon by the Town Commission, and the Section was amended to reflect same. Section 5.15 (d) regarding the alignment of existing seawalls was then discussed. The Town Manager advised that Chapter 21 in the Town Code provided for a hearing by the Board of Adjustment relating to the alignment of existing seawalls making it impractical to comply with required setbacks, and that the zoning ordinance as written required hearing by the Planning Commission and Town Commission on this matter. • It was the recommenation of the Town Attorney as well as the consensus of the Town Commission that the Planning Commission/Town Commission Town Commission ii-orkshop Meeting July 10, 1984 Page 2 of 4 • procedure be adhered to. The Town Attorney will draft an Ordinance amendment Chapter 21 of the Town Code to make this requirement consistent. Further, the provisions of Town Code Setion 21-3 will be incorporated into Section 5.15 (a) as sub-section (6). Sections 5.1 and 5.2: Pursuant to the recommendation of Mr. Ron Hoggard of Gee & Jenson, Section 5.1 was deleted, Section 5.2 became 5.1 which was replaced with new Sections 5.1 (a) and 5.1(a)(1) as follows: Fences, Walls, Hedges (a) Height limits The following height limits shall apply to fences, walls, and hedges. (1) Required front yard property line: 2.5 feet. as measured from adjacent natural grade. Maximum height may be increased to 6 feet, provided that fence, wall, or hedge is set back from front property line at least 5 feet. Section 5.1 (c) was amended by the deletion of the following words: • "along property lines" Section 5.3 will become Section 5.2 with sub-section (b) being amended as follows: (b) Pools and pool decks. (1) Above ground pools are prohibited. (2) Swimming pools must be setback at least 25' from the edge of pool to the front property line and at least 10' from the rear and/or side lot line. Swimming pool deck or decks must be setback at least 20' from the front property line and at least 4' from the rear and/or side lot line. In uses where the rear property line borders a public body of water, the pool deck or decks may extend to the right-of-way line or bulkhead line, whichever is further landward. Note: During this discussion, a lunch recess was taken from 12:10 p.m. until 1:30 p.m. • Town Commission Workshop Meeting `July 10, 1984 Page 3 of 4 (3) Swimming pools in the front yard shall be concealed • from view from public thoroghfares. Section 5.2 (d)(2): delete the words "floating docks". With regard to Section 5.6 (Old Section 5. 7) Temporary Structures, it was the consensus of the Town Commission that this Section be divided down with Section (a) relating to the erection of such structures and Section (b) relating to the uses of such structures i.e. re-sales, etc. Attorney Sliney will submit a recommendation regarding the amendment of this Section. Although it was the general consensus that enforcement of any provisions regarding re-sales would be difficult, it was also the consensus that this matter be regulated in some way. Further discussion regarding the proposed revisions to the zoning ordinance was deferred, until a semi-final draft of the entire proposed ordinance could be obtained from the Town Clerk reflecting all of the proposed recommendations to date. The Town Clerk stated that this draft would be available by July 17, 1984. A Workshop Meeting to continue the study of this matter was called for July 24, 1984 at 10:00 a.m. Discussion ensued regarding the request as submitted by Mr. Earl Totz on behalf of Drexel Management, Inc. for an extension of time on that project. The Town Attorney gave a tentative opinion that no justification existed for the extension inasmuch as no evidence had • been submitted by Drexel to substantiate a claim that delays prevented the commencement of the project. Further discussion regarding the information as submitted, the drainage on the property and other factors regarding this project was held. The Town Manager indicated that during discussions with Mr. Totz, it was alleged that during the initial discussions on the project, the Town Commission at that time expressed an awareness that delays would be expected on the project. The Town Manager will research this claim and report back to the Town Commission. A Special Meeting was called by the Town Commission for the purpose of further discussion on this matter for July 24, 1984 at 9:30 a.m. Commissioner Stewart then requested a report on the Mayor's meeting with representatives of the Palm Beach County Fire Department. Mayor Horton reported that he had met with Assistant Chief Larry Koester and the Town Attorney regarding the proposed County Contract for fire services. It was noted that the Town requested the consideration of a credit for the facilities and services provided for the Del Trail Fire Department. This request was being relayed to the appropriate officials of Palm Beach County for consideration. The Town Manager reported that the Greeley and Hansen report regarding the Highland Beach/Delray Beach Sewer Issue had been forwarded to the Town Engineers (CDM) for review. At the recommendation of the Town Attorney, the Town Manager will request the engineer's comments regarding the report in writing by July 23, 1984. • Town Commission '' Workshop Meeting July 10, 1984 Page 4 of 4 • There being no further business to come before the Town Commission at this Workshop Meeting, the meeting was adjourned at 4:15 p.m. APPROVED: Louis Orton, Mayor Ma~y~Lyjuise ~~Blosser,Vice Mayor Ooh asso, Commissioner William E. Paul, Commissioner Bett Jean Stewart, Commissioner ATTEST: • TOWN CL RK DATE: C7