1984.07.24_TC_Minutes_Workshop~ :.
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
WORKSHOP MEETING TO REVIEW
PROPOSED ZONING REVISIONS
Tuesday, July 24, 1984 10:00 A.M.
A Workshop Meeting was called to order by Mayor Louis Y. Horton at
10:05 a.m. in the Town Commission Chambers of Highland Beach Town
Hall. Also present were Vice Mayor 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 and Town Clerk Mary Ann Whaley.
This meeting was called to review proposed zoning revisions, however,
prior to the review, a letter from Camp Dresser and McKee, the Town's
Engineer's dated July 23, 1984 regarding the wastewater study
performed by Greeley and Hansen on the Highland Beach/Delray Beach
sewer issue was read into the record. The Town Commission directed the
Town Attorney to draft a letter to Delray Beach stating the Town's
position on this matter, incorporating several aspects of the CDM
letter. Mr. Sliney indicated that he would prefer some technical
• advice on the matter and would meet with Commissioner Basso upon his
return to receive same. It was further the consensus of the Town
Commission that this issue be addressed annually with an audit being
supplied by Delray Beach to Highland Beach. It was noted that the
Town had until July 31, 1984 to respond to the study as submitted by
Greeley and Hansen. Mr. Sliney will draft a letter for Town
Commission review early during the July 31, 1984 Workshop Meeting for
approval or possible amendment, and then it will be hand carried to
Delray Beach the same date.
Upon discussing the zoning revisions, it was agreed upon to schedule
the adoption process of the ordinance to provide for a first reading
on the proposed Zoning Ordinance at a Special Meeting on July 31, 1984
with proposed adoption of same at a Special Meeting on September 4,
1984 at 9:30 a.m. to provide ample time to read the Ordinance in its
entirety. Public Hearings on the proposed amendments will be held on
August 7 and 21, 1984 at 5:01 p.m. with advertisements therefor being
published on July 31 and August 16, 1984 in accordance with state
statutes.
Attorney Sliney requested that the final zoning map be made available
prior to the meetings on this matter. Mrs. Roberts indicated that
several minor changes were to be requested on the proposed map,
however, she would advise Mr. Ron Hoggard of Gee and Jenson that the
map was needed as soon as possible.
The proposed draft of the Zoning Ordinance was then reviewed page by
page by the Town Commission. During the review, a lunch recess was
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workshop Meeting on Zoning
• July 24, 1984 Page 2 of 5
taken from 12:00 noon until 1:00 p.m.
Items discussed included:
Time-share provisions, which Attorney Sliney will review and
submit a recommendation.
The provision of language prohibiting hotels, motels, private
clubs and other commercial uses in all zoning districts.
The provision of "private recreational uses" under Accessory Uses
rather than Special Exception Uses in the RS district.
The omission of "public recreation facilities" from the Special
Exception catagories in all zoning districts.
Referring to the State Coastal Construction Control Line
throughout the ordinance rather than Coastal Construction Control Line
to conform to the definition of same.
Inclusion of the Accessory Use catagory in the RML-2 district
which had been inadvertently omitted.
• Moving the last sentence of the second paragraph in Section
4.4(e)(8) to become the last sentence of the first paragraph in said
Section.
Correcting Section 4.5(e)(1) to provide 6,000 square feet of land
area per dwelling unit with reference to Two-family dwellings rather
than 5,000 square feet.
Removal of the term "(total 12,PJ00 sq. ft.)" regarding minimum
lot areas in the RML-l, RML-2 and RMH zoning districts.
Amendment of Section 4.6 (11) to read "Maximum building height.
Seventy (70) feet. Building height may be increased to eighty (80)
feet where parking is located throughout the area beneath the
principal building."
The inclusion of a new Section 5.1(b) to provide for requirements
regarding tennis courts in front yards to provide that same be placed
at least 10 feet back from the front property line with protective
landscaping at least 6 feet high being placed at least 5 feet from the
front property line. The present Section 5.1(b) will become Section
5.1 (c) omitting the phrase "of the beach".
Regarding Section 5.6, Temporary Structures, a sentence will be
included as follows: "Examples of permitted temporary structures
• include but are not limited to real estate offices for original sales
only and construction trailers. An additional paragraph will be added
to this Section as follows: "Dune walkovers and gazebos are
considered expendible structures and are not bound by time limits. A
permit is required."
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Town Commission
Workshop Meeting on Zoning
July 24, 1984 Page 3 of 5
Section 5.7 regarding Developments divided by road right-of-ways
will be amended by providing an exemption for those properties as
provided for in Section 5.16, and further a statement that density
transfers are not allowed will be included in this Section.
Section 5.8 (c) regarding off-street parking requirements will be
amended by deletion of the present second paragraph and substituting
in lieu thereof the following: "Basement or underground garages shall
have a floor elevation of not less than 7.5 feet above mean sea
level."
Section 5.9 (c)(1) regarding off-street loading will be amended
to include the term "clubhouse".
Section 5.11 (g) regarding "Water Yards" will be deleted.
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Regarding Section 5.14, Protection of Ocean Ridge, the Town
Attorney will provide language regarding the disturbance of sand and
the requiring of a permit therefor.
Section 5.14 (c) will be amended to include language providing
that the foundation for said building shall not be commenced until a
building permit has been issued and the seawall completed if planned.
The final sentence of Section 5.15 (b)(4) will be deleted.
Under 5.16, Unity of Title Declaration, the following language
will be included: "If such lots are combined, the total permitted
dwelling units shall not exceed the combined total of each individual
lot".
Section 6.2 regarding "Rights" shall be deleted with the
following language being substituted in lieu thereof: "To avoid undue
hardship, nothing in this ordinance shall be deemed to adversely
effect any permits existing and in force at the effective date of this
ordinance".
In Sections 6.6 (c) and 6.9, the term "appropriate body" shall be
replaced with the term "Town Commission and Planning Board".
Throughout the proposed ordinance, the term "Planning Commission"
shall be replaced with "Planning Board".
Under Section 7.1, Duties of Building Official, language will be
inserted to provide that the appropriate Boards transmit their
recommendations to the Building Official who, in turn, will submit
same to the Town Commission for final review and approval. Further,
the provisions of Section 8.1 will be included in this Section and a
re-numbering of Section 8 being done.
Section 7.2 , Planning Commission duties shall read as follows:
"Planning Board duties. The Planning Board shall review all matters of
community planning, Site Plan Reviews and plat reviews for
subdivisions with a recommendation of approval, approval with
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Town Commission
Workshop Meeting on Zoning
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conditions, or disapproval by a majority vote being submitted to the
Building Official for transmittal to the Town Commission." An addi-
tional paragraph will be added to this Section as follows: "Acting as
the Local Planning Agency, the Planning Board will be responsible for
review of the Comprehensive Plan and Zoning Code, making
recommendations to the Town Commission."
Section 7.3, Community Appearance Board duties shall read as
follows: "The Community Appearance Board shall review all matters of
aesthetics of the community as hereinafter provided and provided in
the Town Code of Ordinances with a recommendation of approval,
approval with conditions or disapproval by a majority vote being
submitted to the Building Official for transmittal to the Town
Commission."
The term "building permits" will be included in the second
sentence of Section 7.4, Town Commission responsibilities.
The first paragraph, as well as sub-section (a) of Section 7.5,
Board of Adjustment, will be deleted.
Section 8.2 Permits required will be amended by adding the
following sentence to the end of the first paragraph: "No separate
• piling permit will be issued."
Attorney Sliney will submit the language for a new Section 8.3
providing the procedures to be followed in the flow of plans from
submission to approval and permitting.
In Section 10 (a) the term "new development" will be replaced with
the term "construction".
Section 14J(b)(6) will be amended to include "fire lanes".
Section 10(b)(17) will be amended to include "the roof".
Section 10(b)(22) entitled "Landscaping Plan" will be included.
Section 11(b) will be amended by the deletion of the word "as"
from the final sentence thereof.
Section 11.1 regarding Votes required to reverse decision of
Building Official or to decide in favor of applicant, will be reviewed
and possibly amended by Attorney Sliney.
The Mayor will provide language to replace that in Section 13.7
regarding the definition of "building height" to distinguish
requirements on the east side of AlA and the west side of AlA.
• The Town Attorney will provide definitions for the terms
"commencement" and "construction" for inclusion in Section 13-7.
Section 13.11 will be amended by deleting the second sentence
thereof relating to motels.
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Workshop Meeting on Zoning
July 24, 1984 Page 5 of 5
Sections 13.14, Motel, residence, and 13.15, Motel, transient,
will be deleted in their entirety.
Section 13.19 will be amended by inclusion of the word "Control"
between the words "Construction" and "Line".
Section 13.28, regarding "Time-share plan" will be amended by the
deletion of the term "other than an exchange program".
Mrs. Roberts reported that she was getting the information regarding
the height of buildings adjacent to the Ocean Terrace property as a
result of a request from Dr. Richard Orman to consider the increasing
of height in the RMH district.
Vice Mayor Blosser noted that no provision regarding the Greening
Committee, which was to be put in the purvue of the Community
Appearance Board had been made and should be considered, as well as a
provision regarding defining "townhouses" with a view toward the
regulation of heights therefor.
• With the complete proposed Zoning Ordinance being reviewed, it was
noted that as previously approved, first reading of same would be held
on July 31, 1984. There being no further business to come before the
Town Commission at this Workshop Meeting, same was adjourned at 5:55
p.m.
APPROVED : ~-a.a/
Louis Y. Horton, a or
~ll~ _ . ~_ _ r~ (.fin _
Ma~'~Loui15e G. Blosser,Vice Mayor
dbti /./ Basso, C:ommissi~o er
William E. Paul, Commissioner
Betty can Stewart, Commissioner
ATTEST:
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• TOWN CL
DATE: '~~~~