2018.08.08_PB_Minutes_Regularr ..
TOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MINUTES
Town Hall / Commission Chambers Date: August 8, 2018
3614 South Ocean Boulevard Time: 9:30 AM
Highland Beach, Florida
1. CALL TO ORDER:
Chair David Axelrod called the Regular Meeting to order at 9:30 AM. Roll call was
taken by Deputy Town Clerk Terisha Cuebas followed by the Pledge of Allegiance.
PRESENT UPON ROLL CALL:
Board Member Peter Rodis
Board Member Barry Donaldson
Board Member Warren Lewis
Board Member Evelyn Weiss
Vice Chair Michael Kravit
Chair David Axelrod
Town Attorney Brian Shutt
2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Town Attorney Shutt requested to move the Presentation on Sunshine and Public
Records Law to the end of the meeting. The item was moved to 7E under New
Business.
Hearing no further additions, the agenda was accepted as amended.
3. PUBLIC COMMENTS AND REQUESTS:
Allan Goldstein, 4307 Intracoastal Drive, provided comments with regard to the
current code and the proposed changes as it relates to parking and the complications
that may be caused.
John Boden, 3407 South Ocean Boulevard, provided comments with regard to the
safety of the crosswalks and the need for effective signs. Mr. Boden demonstrated an
example of a flashing sign.
4. PRESENTATIONS:
None.
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Wednesdav, August 8, 2018 Pap_e 2 of 8
5. APPROVAL OF MINUTES:
• July 11, 2018 Regular Meeting
Chair Axelrod asked if there were any corrections to the minutes of July 11, 2018.
MOTION: Member Lewis moved to accept the minutes from July 11, 2018 and as
presented. Member Weiss seconded the motion, which passed unanimously.
6. OLD BUSINESS:
None.
7. NEW BUSINESS:
All those providing testimonies on the applications were sworn in by Deputy Town
Clerk Cuebas.
Member Donaldson disclosed he had working experiences with a Landscape
Architect that was present and sworn in but has no association with this particular
application. Town Attorney Shutt asked if there would be a financial gain or loss by
Member Donaldson based upon any action taken. Member Donaldson advised there is
none.
Vice Chair Kravit disclosed he personally knows and has reviewed plans with one of
the applicants but advised there is no financial interest.
A. Application No. 18-0550 — 2352 South Ocean Boulevard
CONSIDERATION OF A SITE PLAN APPROVAL FOR THE
CONSTRUCTION OF A NEW 2 STORY SINGLE FAMILY HOME
CONSISTING OF A 4 CAR GARAGE AND APPROXIMATELY 7,122
SQUARE FEET UNDER AIR.
APPLICANT: Brenner Architecture Group
Chair Axelrod read the title into the record. He asked if any other Board members
had any ex -parte communications to disclose. Hearing none, the public hearing
opened at 9:45 AM.
Building Official Ken Bauer presented the item to the Board and advised that the
principal structure does comply with the Town of Highland Beach's Code of
Ordinances however there were no dimensions submitted for the dock pavers and
appear to encroach the side setbacks.
Member Lewis questioned if other than the pavers, there are any variances
associated with the application. Building Official Bauer advised there were not
and for the most part, everything presented meets the zoning requirements.
Planning Board Regular Minutes
Wednesday, August 8, 2018 Paue 3 of 8
Chair Axelrod questioned what is allowed to be inside the setbacks. Building
Official Bauer advised that the required setbacks are outlined in the Code of
Ordinances but there are no provisions for pool equipment or generators, etc. and
what can be allowed in the setback.
Chair Axelrod noted that in the plans submitted there are four air conditioners, a
fountain, barbeque and pool appear to be into the required setback. Building
Official Bauer advised he did not see anything that was into the setback that is not
allowed.
Staff Presentation:
Member Donaldson read the definition of a setback and questioned Town
Attorney Shutt to advise if the barbeque, which is proposed in the plans, is
considered a structure. Member Donaldson advised it has a roof and looks
permanent so therefore would be considered a structure and appears to impose
into the setback.
Building Official Bauer advised that the question was raised during the zoning
review and there is nothing in the Code of Ordinances that restricts the barbeque
from where it is currently proposed.
Vice Chair Kravit reiterated the definition of a setback and read the definition of a
structure as outlined in the Code of Ordinances. Vice Chair Kravit advised if it
meets the requirements of a structure then it can not be built within the setbacks.
Member Weiss was concerned with parking.
Petitioner's Presentation:
Stuart Brenner, Brenner Architecture Group, provided testimony in response to
the questions raised by the Board members regarding the proposed structures that
are into the setbacks. He advised that his interpretation of the setback is for the
structure itself. He explained that the barbeque is sitting 3 feet off the ground and
is not considered a structure of the home.
Chair Axelrod questioned what is the exact height of the house. Mr. Brenner
advised that the allowable height is35 feet at the midpoint of the roof and the
proposed height is 30 feet 5 inches. He advised that the home meets and complies
with all height and setback requirements.
Chair Axelrod commented on the codes that deal with variances. These codes are
very lax and need strengthening. Mr. Minor indicated that he would look into
this.
Planning Board Regular Minutes
Wednesday, August 8, 2018 Page 4 of 8
Board Discussion:
Town Attorney Shutt questioned Mr. Brenner regarding the pavers outlined in the
plans and asked for clarity if they are encroaching in the setback. Mr. Brenner
advised the pavers in the back of the home, which Building Official Bauer
referenced are not final and once finalized will come back before the Board.
Building Official Bauer advised that the plans as submitted are for the review of
the board, which is not just inclusive of the home structure. Mr. Brenner clarified
his statement that the plans include the pool and pool deck and they do meet the
setback requirements of the Code of Ordinances. The dock is a separate permit by
the Army Corp of Engineers which will be coming back before the board.
Member Rodis questioned the projected cost of the final property. Mr. Brenner
advised the final home will be about $2.8 million. Member Rodis asked if the
home is going to be occupied and when will construction be completed. Mr.
Brenner advised the home is being built for the owner and his wife and the project
will be completed about 18 months from the beginning of construction.
Vice Chair Kravit asked for the dimension of the metal roof overhang for the
barbeque and how far is it projecting out of the building. Mr. Brenner advised the
projection is about 4 feet.
Member Donaldson withdrew his question proposed about the roof as the
dimensions do comply with the requirement.
Public Comments:
There were no public comments.
Chair Axelrod closed the public hearing at 10:02 AM.
MOTION: Vice Chair Kravit moved to approve Application No. 18-0550 except
the paver dock area that is shown on the plan as it is not included in this approval
process. The motion was seconded by Member Lewis.
UPON ROLL CALL:
Vice Chair Kravit
- Yes
Member Lewis
- Yes
Member Donaldson
- No
Member Weiss
- Yes
Member Rodis
- Yes
Chair Axelrod
- No
Motion passed on a 4 to 2 vote.
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Wednesday, August 8, 2018 Paye 5 of 8
B. Application No. 18-0576 — 3519 South Ocean Boulevard
CONSIDERATION OF A MAJOR MODIFICATION APPROVAL TO THE
CURRENT RESIDENCE CONSISTING OF HURRICANE AND
STRUCTURAL DAMAGE REPAIR, BRINGING THE RESIDENCE UP TO
CODE INCLUDING MECHANICAL, ELECTRICAL, PLUMBING AND
STRUCTURAL, CONSTRUCTING NEW TIE BEAMS, COLUMNS AND
TRUSSES, AND INSTALLATION OF NEW IMPACT WINDOWS AND A
METAL ROOF.
APPLICANT: Marcucella Development, Inc.
Chair Axelrod read the title into the record. He asked if any other Board
members had any ex -parte communications to disclose. Hearing none, the
public hearing opened at 10:04 AM.
Staffs Presentation:
Building Official Ken Bauer presented the item to the Board and advised that
the proposed plans do comply with the Town's Code of Ordinances, however,
the notice to proceed has not been received from the Florida Department of
Environmental Protection.
Member Donaldson questioned if interior walls are being removed and redone.
Building Official Bauer advised that the proposed plans do include interior
modifications as well. Member Donaldson noted that the application has a Level
2 alteration when in fact more than 50% is being modified which should classify
as a Level 3. Building Official Bauer agreed.
Petitioner's Presentation:
Paul Charette, Charette International Architecture, advised the proposed plans
remove the roof, include a new roof, some interior changes and will bring the
home up to code.
Member Rodis questioned the amount of the final project and how long it will
take to complete. Mr. Charette advised from the beginning of construction the
project should be completed in about 8 months and the total cost is about
$500,000.
Public Comments:
There were no public comments.
Board Discussion:
Vice Chair Kravit mentioned his concern with the flooding on AIA and with
that in mind would like to impose a condition that the flooding is looked at and
designed to ensure there is no flooding in the swale area. Mr. Charette stated
that would be agreeable.
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Wednesday, August 8, 2018 Paye 6 of 8
Chair Axelrod closed the public hearing at 10:11 AM.
MOTION: Member Donaldson moved to approve Application No. 18-0576
with the condition that the swales and driveway meet Florida Department of
Transportation regulations and requirements. The motion was seconded by Vice
Chair Kravit.
UPON ROLL CALL:
Member Donaldson
- Yes
Vice Chair Kravit
- Yes
Member Weiss
- Yes
Member Lewis
- Yes
Member Rodis
- Yes
Chair Axelrod
- Yes
Motion passed on a 6 to 0 vote.
Discussion ensued with regard to what questions the board members can ask of
an applicant.
C. Update on the Status of Request for Qualifications (RFQ) No. 2018-04 —
Landscape Architecture/Civil Engineering.
Public Works Director Soper provided an update regarding the status of RFQ
2018-04 and the process used to make up the Selection Committee whom will
provide the recommendation to the Town Commission.
Vice Chair Kravit advised that one of the responses received for the RFQ was
submitted by a company his firm has retained for several projects however, he
has no financial gain but he believes it would be beneficial to not sit on the
Selection Committee. Member Donaldson volunteered himself to be a member
of the Selection Committee to represent the Planning Board. He also disclosed
that he had a previous working relationship with one of the proposers but has no
current or future projects with them.
Discussion ensued with regard to the selection of members from the various
Town Board's to be on the Selection Committee for RFQ 2018-04.
Member Donaldson questioned Public Works Director Soper with regard to the
process after the Selection Committee makes their recommendation to the Town
Commission. Public Works Director Soper explained how the RFQ process will
work once the highest-ranking firm has been identified.
Planning Board Regular Minutes
Wednesday, Ausust 8, 2018 Page 7 of 8
D. Discussion on Recent Memo Received from the Department of
Transportation.
a. Presentation by: Vice Mayor Alysen A. Nila
Vice Mayor Nila presented this item and provided a presentation with regard to
the vision of Ocean Walk & More. The presentation included examples of
crosswalk lighting systems, colored bike lanes, illuminated walk paths, drainage
improvements and underground utilities.
Public Works Director Soper advised that Exhibit A of RFQ 2018-04 has a broad
outline of the scope of work which can be provided to the Florida Department of
Transportation. Interim Town Manager Thrasher provided an explanation of the
timetable as understood from his communication with the Florida Department of
Transportation.
Discussion ensued between the Board Members regarding the overall vision of
Ocean Walk & More and what information should be provided to the Florida
Department of Transportation to outline the scope of work for the project.
MOTION: Vice Chair Kravit moved to recommend to the Town Commission to
go ahead with securing design documents for the Smart crosswalk system
incorporating a 16 inch concrete ribbon on either side of it, so that Florida
Department of Transportation could pave up to that ribbon and inside the ribbon,
whether we decide to use for the crosswalks (concrete, pavers, asphalt, etc.) that
will not affect Florida Department of Transportation system and the illuminated
LED system could be mounted to the concrete ribbon and not be affected by the
moratorium. The motion was seconded by Member Lewis.
UPON ROLL CALL:
Vice Chair Kravit
- Yes
Member Lewis
- Yes
Member Rodis
- Yes
Member Donaldson
- Yes
Member Weiss
- Yes
Chair Axelrod
- Yes
Motion passed on a 6 to 0 vote.
MOTION: Vice Chair Kravit made an amended motion to recommend to the
Town Commission to modify the RFQ vision to include the painted 4 or 5 -foot
bicycle lanes, underground utilities and whatever elements were not clarified in
there and send that vision to the Florida Department of Transportation and TPA to
be used for the 2020 project. The motion was seconded by Member Donaldson.
Planning Board Regular Minutes
Wednesdav, August 8, 2018 Pap -e 8 of 8
UPON ROLL CALL:
Vice Chair Kravit
- Yes
Member Donaldson
- Yes
Member Lewis
- Yes
Member Rodis
- Yes
Member Weiss
- Yes
Chair Axelrod
- Yes
Motion passed on a 6 to 0 vote.
E. Presentation on Sunshine and Public Records Laws by Town Attorney Brian
Shutt, Esq.
Town Attorney provided a presentation with regard to the Sunshine and
Public Records.
Discussion and questions ensued between the Board Members and Town Attorney
Shutt with regard to how Board Members should respond in certain situations.
8. ADJOURNMENT:
There being no further business, Chair Axelrod called for a motion to adjourn the
meeting at 11:40 AM.
MOTION: Member Weiss moved to adjourn the meeting at 11:40 AM. The motion was
seconded by Member Lewis, which passed unanimously.
APPROVED:
ATTEST:
erisha Cuebas, Deputy Town Clerk
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