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2019.06.12_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH • PLANNING BOARD MINUTES Town Hall / Commission Chambers Date: June 12, 2019 3614 South Ocean Boulevard Time: 9:30 a.m. Highland Beach, Florida 1. CALL TO ORDER: Chairperson David Axelrod called the Planning Board Meeting to order at 9:30 a.m. and requested that all cell phones be silenced. 2. PRESENT UPON ROLL CALL: Board Member Brian DeMoss Board Member Eric Goldenberg Board Member Harry Adwar Vice Chairperson Michael Kravit Chairperson David Axelrod Town Attorney Rubin Deputy Town Clerk Beverly Wright Assistant to the Town Manager Terisha Cuebas ABSENT: Board Member Warren Lewis Board Member John Boden Chairperson Axelrod introduced the new members of the panel: Brian DeMoss, Eric Goldenberg, and Mr. Rubin. He mentioned that John Boden was in the hospital with some respiratory problems and could not attend the meeting. 3. PLEDGE OF ALLEGIANCE: The Board Members led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA: Chairperson Axelrod asked for any changes to the agenda and none were forthcoming. MOTION: Member Adwar moved to accept the agenda as presented. Vice Chairperson Kravit seconded the motion, which passed unanimously by voice vote. Planning Board Regular Minutes Wednesday, June 12, 2019 Pate 2 of 14 5. PUBLIC COMMENTS: Chairperson Axelrod asked if there were any public comments which were not related to Agenda Items. There was no comments from the public. 6. APPROVAL OF MINUTES: Chairperson Axelrod stated there were no minutes to approve. 7. OLD BUSINESS: Chairperson Axelrod stated there was no old business. 8. NEW BUSINESS: A. Application 419-0222 (4410 Tranquility Drive) The applicant is proposing to demolish the existing improvements and construct a new, two-story, single family residence. The new residence is proposed at approximately 7,136 square feet under air with a 3 -car garage for a total impervious footprint of approximately 3,297 square feet. A new in -ground pool, spa, and boat dock are also proposed. The lot is located in the Bel Lido subdivision, in the center of a cul-de-sac. The area of the lot is approximately 13,486 square feet. The applicants are David and Danielle Schneid. Vice Chairperson Kravit disclosed that he had spoken with the architect for the applicant and also with the landscape architect. He explained he had no economic connections with the applicants, other than the fact that he does business with the landscape architect, which would not affect his judgment. Town Attorney Rubin noted there was no apparent conflict. Chairperson Axelrod opened the meeting for Public Comments and the Terisha Cuebas swore in members of the public as a group. Building Official Jeffrey Massie announced he was presenting a relatively straightforward development review of a new two-story single-family house. His original opinion was that the plans for the project met the Town of Highland Beach zoning and government agency requirements, but new information has been brought to light subsequent to the submission of the staff report concerning the survey between 4416 and 4410. An independent survey was ordered regarding the original plat from Bel Lido in 1957. He had a presentation prepared having to do with old ways of measurement with "directional, delta, and tangents" versus the new way of measurement by GPS and point. He does not believe Mr. Schneid should be held up from being approved for his proposed development, but it will be necessary for the independent survey to match the plat in order to be accepted during the building permit review process so he can report to the Town Manager that the issue had been resolved. He continued that he saw nothing to prevent this Board from following his recommendation based on the condition that the new survey be accepted. Planning Board Regular Minutes Wednesday, June 12, 2019 Palle 3 of 14 Member DeMoss asked about the seawall, and if it was in conformance. Mr. Massie said he did not believe there was an engineering review on the seawall. A visual inspection could be conducted, but he believes that a separate proposal for a seawall cap and a dock with concrete piles would be put before the Board as a separate application at a later time, so issues with the seawall could be dealt with then. Vice Chairperson Kravit asked for clarification if the survey needed to be updated but not the plat itself. Mr. Massie stated the plat was fine, though it used the old ways of measurement. However, there was going to be a redesign by the architect to meet the setback requirement because there is a four -and -a -half foot shift on the survey from Pinnacle to the survey from KCI, which matches the plat. A rod was found a foot and a half out of range, and with radial measurements versus non - radial measurements, there were complications. The issue came to light two weeks ago when the two surveys were compared. Mr. Massie has been working with the architect to redesign for the setback requirement between 4416 and 4410. Chairperson Axelrod asked about the boat dock, requesting clarification that applicants will return with a separate boat dock proposal and that should not be included in the present deliberations. Mr. Massie agreed that was so. Mr. Axelrod confirmed that any approval given today would cover the house, the pool, and the spa, but not the boat dock. Mr. Massie agreed the approval was conditional on the final survey and that the dock and seawall cap would come before the Board at another time. Chairperson Axelrod asked if the pool deck was within the setback rules governing the Intracoastal, mentioning it looked very close to the water, and asked if the setback was four feet, versus the 20 feet needed for a house setback. Mr. Massie confirmed the setback was four feet but mentioned a green area between the dock and the pool deck, which would be used as part of the drainage calculation. Stuart Brenner of Brenner Architecture Group identified himself as the architect for the Schneids. He made himself available for questions. He compared the property to a slice of pizza and described some of the challenges of the design but assured the Board they would be taking care. of those challenges. Vice Chairperson Kravit asked about the eight downspouts, and suggested that if the applicants were amenable, the Board would like to see a shop drawing on the type of downspouts anticipated to be installed, to make sure they look good. Mr. Brenner agreed to submit that drawing prior to the downspouts being installed. MOTION: Member DeMoss moved to accept the plans as submitted with the conditions that the surveys be reconciled and that the dock plans be removed from the current application and resubmitted at a later time. Member Goldenberg seconded the motion. UPON ROLL CALL: Member DeMoss - Yes Member Goldenberg - Yes Member Adwar - Yes Planning Board Regular Minutes Wednesday, June 12, 2019 Pal4e 4 of t4 Vice Chairperson Kravit - Yes Chairperson Axelrod - Yes Motion carried on a 5 to 0 vote. B. Discussion of Ordinance Amendment Establishing Permissible Encroachments into Setbacks — Mary McKinney. Deputy Town Clerk Wright read the title of the Ordinance: An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 30: Zoning, amending Article 4: Zoning Districts, Section 30-66: Other Requirements, to modify the requirements to allow certain structures and items in setback areas, providing for severability, providing for the repeal of laws in conflict, providing for codification, and providing for the effective date. Chairperson Axelrod welcomed back Town Planner Mary McKinney. Town Planner McKinney reminded those present that the Town does not allow any accessory uses in setback areas. Prior to a year and a half ago, the Town did allow some items in setback areas. In order to accommodate residents, the staff drafted an ordinance which would allow some items in setback areas, which the Planning Board reviewed and approved. The Commission modified it and took out some of the items recommended by the Planning Board and allowed different items in. In the new code, some of the items allowed in setback areas are walkways, patios, and other hard surfaces no closer than four feet to the closest property line and no more than four inches above the finished grade, overhangs still in compliance with the Town Code, and air conditioning condensers or heat pumps not to exceed five feet in height from the finished grade unless otherwise approved by the building official due to flood elevation requirements - they shall not extend any closer than seven feet to the closest property line. Steps and stairways for the principal buildings shall not extend any closer than seven feet to the closest property line. Electric meters, fuse boxes, generator control boxes, and tankless hot water heaters shall be allowed to be mounted on the wall of the structure provided such attachments do not horizontally extend beyond the roof overhang or two feet from the exterior face of the wall, whichever is less. Post bibs are allowed to extend no further than two feet horizontally from the exterior face of the wall. Ms. McKinney mentioned that the line about two feet in height above the adjacent roofline is a typo which will be taken out. Other items in the new Code include fences, walls, and hedges which may be erected and maintained in accordance with the compliance of the existing Town Code, and permanently installed generators shall be allowed and shall not extend any closer than seven feet to the closest property line. Varied propane tanks, where the fillable portion of the tank is at or below the adjacent natural grade shall not extend any closer than ten feet to the closest property line, except in cases where there is a street or waterway adjacent to the property line, and in those cases, the tank may be placed no closer than five feet to the property line. Equipment allowed in setbacks that emit noise, odors, or fumes shall be fully shielded or screened via landscaping in such a way as to minimize such noise, odor, or fumes, as required by the building official prior to the issuance of a permit. Repair and maintenance of existing equipment structures within setback areas is Planning Board Regular Minutes Wednesday, June 12, 2019 Pal4e 5 of 14 allowed provided the repairs and maintenance do not exceed 50% of the value of the existing equipment and/or structures to be repaired or replaced. AC condensers and heat pumps may be replaced as long as they are being replaced in the same location and are of similar size. Town Planner McKinney made herself available for questions. . Member Goldenberg expressed his concern about the propane tanks being close to a neighbor. When a neighbor is concerned about this, he wondered if they could come back to the Board. Town Planner McKinney clarified that if propane tanks complied with the dimensions set out in the ordinance, it would not be necessary to come to the Board about that issue. Vice Chairperson Kravit asked about subitem A, walkways. That item indicates that patios, walking surfaces, "gathering, sitting" cannot be more than four inches above the finished grade. In the section about steps and stairways, it is indicated that stairway or steps for the principal building shall not extend any closer than seven feet to the property line. Vice Chairperson Kravit asked about the case where someone might have a spa that is part of their pool and there would be steps going up to the spa. The steps as well as the deck around the spa would be in violation of the four inches maximum above grade for those areas. He indicated this was a conflict. Town Planner McKinney explained that the side of the pool deck is allowed to be four feet. She asked if in Mr. Kravit's hypothetical, was he asking if the steps should be able to be more than seven feet. Vice Chairperson Kravit explained that if the edge of the spa is four feet from the property line and then there are steps, or even a raised deck around it, that would conflict with the seven feet requirement and the height would also be in conflict with the ordinance. Town Planner McKinney asked if he was suggesting reducing the seven feet for the steps or just adding a condition that if it is for the pool or spa, it is allowed to be closer. Vice Chairperson Kravit explained his hypothetical, stating the allowance for height of the deck is only four inches, and the steps would have to be seven feet out from the property line. He stated he believed those items should be an exemption. Ms. McKinney stated she understood and that that could be added to the ordinance. Vice Chairperson Kravit asked if by allowing the patio to only be four inches, how does that impact someone wanting to build a multilevel patio deck with changes of level. Town Planner McKinney explained that could not be allowed in the setback area. Inside the setback, it is allowable. Vice Chairperson Kravit reinforced he believed an exemption to allow a level for a spa was necessary. He also asked about item 4, Repair and Maintenance, where the item could remain in its current position as long as the repair did not exceed 50% of the value. He questioned whether that was in conflict with the Florida Building Code, because the Code allows one to replace and repair in kind. He believed a homeowner could come to the Board with that conflict. Town Planner McKinney agreed to look at the building code and change the ordinance if necessary. Chairperson Axelrod mentioned that with the new changes to the ordinance including the controls of heights and size, he was inclined to be in favor of it. Town Attorney Rubin explained that since the ordinance presented today was for discussion only, a motion was not needed to move forward. The ordinance would come back for public hearing at Planning Board Regular Minutes Wednesday, June 12, 2019 Pale 6 of 14 the next meeting. Town Planner McKinney confirmed she had taken note of the Board's recommendations. Mr. Brenner stated that since FEMA and flood elevations were now dictating the height of homes, sometimes a patio may be graded lower than the finished floor of the house, such as in a patio outside French doors. He asked what the solution was — stepping out of the house, one cannot put the stoop up too high, as it has to be no more than four inches above grade. A retaining wall could be put on the property line and the lot filled up, bringing up the ground one and a half feet, for example. He clarified that the goal was to keep things low, but there should be some relationship to FEMA levels. He spoke about a house he was doing in Miami with many different grade elevations and the complications involved. He stressed that because of FEMA, houses were being put up a couple feet higher than what grade currently may be at that property. He said he has to deal with grade to maintain a "certain amount of water on our lot" so sometimes retaining walls are necessary so the lot does not slope onto a neighbor's lot. He also mentioned the issue of air conditioners or generators going into the setback seven feet away from the property line. When heat pumps are described in the ordinance, he asked if that was an AC unit or a heat pump for pool equipment. He explained a pool heater may be smaller than an air conditioning unit, as were generators, and asked if those could be placed in the setback. Town Planner McKinney, off mic, said they could. Chairperson Axelrod asked Town Planner McKinney to take Mr. Brenner's suggestions. Vice Chairperson Kravit explained that currently, FEMA is requiring that houses in other parts of the country be raised up, with flood gates under the house and openings. This will be coming to Florida also in the near future. If houses will have to be 18 to 24 inches above the flood plain, that will create conflicts that will affect the ordinance at issue. He went on to say that if a house is at a certain grade level above the flood plain and needs three or four steps plus a stoop, this could affect the steps of the principal structure, requiring they be further out, so the Board needs to be cognizant of that. Doug Hillman of 4748 S. Ocean asked about the noise level of generators. He believes that is the biggest intrusion for the neighbor. He wondered if decibel level requirements needed to be added to the ordinance. He stated an air conditioner for a large home generates a great deal of noise and that the Board should consider decibel levels. Town Planner McKinney read a section of the ordinance concerning this issue: "Any equipment that emits noise or fumes shall be fully shielded or screened by landscaping, in such a way as to minimize noise, odor, or fumes." She stated the regulation was required "by the building official," so the building official would be reviewing all applications and would consider noise issues. Vice Chairperson Kravit commented that when a generator was ordered, there were options for more soundproof enclosures, and it was a good idea to protect the neighbors on each side. Generators are loud, especially when power is lost for days at a time. Impact resistant glass on newer homes helped with excess external sound, but he suggested Mr. Massie look at what was available to help achieve sound reduction, and perhaps the Board should set a minimum level for that. Planning Board Regular Minutes Wednesday, June 12, 2019 Page 7 of 14 Rick Greenwald of Tranquility Drive spoke about a situation he experienced where a backyard became a single -level extension from the back of the house out to and including the concrete dock. That structure was three and a half feet higher than his own house and required a large retention wall. His own house is a foot and a half higher than the house north of his. The house going in to the south of the new Tranquility Drive house, approved earlier by the Board, is three feet higher in the backyard than the current house, which will be demolished. He wanted to point out that there were many different levels of private homes, and that some attention would need to be paid to that in terms of cosmetics and drainage as it continues to occur. He believes there is some impact to "the people next door." Mayor Zelniker of 3912 S. Ocean Boulevard identified herself as the president of Regency Highland. She asked if the ordinance was just for single houses or did it apply to condominiums. She explained there were situations at some condominiums, such as her own, where a generator is right on the bottom floor. She suggested that if the ordinance was just for single family homes, it should be so stated. She asked for clarification about condominiums. Town Planner McKinney anticipated the ordinance would apply to condominiums as well. She mentioned some of the zoning districts that apply to Section C do include RMH zoning districts. Mayor Zelniker explained that the way condominiums were built in the 1970s; the generators were often built on the bottom floor. She asked if that meant the generator should be outside of the building. Member Goldenberg confirmed that with generators inside buildings, there were sometimes issues with exhaust on still days when the generator was running. Ms. Zelniker stated some people complained about the odor. She explained that many condos were built in the 1970s and asked if the ordinance passes; does it mean generators have to be moved, or do they only have to be moved if they break? Building Official Massie clarified that the question was about existing building code versus new construction. Buildings that were constructed in the 1970s are covered under the Florida Existing Building Code. Those buildings met the requirements of the life safety elements of the building code at the time of construction. If they come in for an alteration, for example removing or replacing a generator, then that would need to be done under the existing building code to see how it would apply. Would the new standards come into play? It would have to be looked at on a case- by-case basis. Typically, backup generators are required to have a negative pressure system to vent to the outside. The fumes are inconvenient, but there is nothing in the Florida Building Code about a smell, per se. It has to do with life safety. Those generators are allowed to be there until they are altered, and then they would have to be looked at case-by-case. Mr. Massie expressed he did not believe the ordinance at issue would affect that unless a new system was being put on the outside of the building into the setback area. Vice Chairperson Kravit noted that this was an example of an unintended consequence. He was unaware of any code violations for a generator inside a building. The Code requires that the exhaust for any generator be a certain distance away from intakes for other ventilation equipment and operable windows and doors. His concern was with generators inside buildings which are Planning Board Regular Minutes Wednesday, June 12, 2019 Pate 8 of 14 specifically designed for those buildings. Putting a new generator in, outside, requires running new diesel lines, perhaps moving a tank, and it doesn't make sense. As long as the Code says it can be replaced in kind, then the condo or the building/hotel should be allowed to do that. The Florida Building Code has no provisions that allow Highland Beach to become more stringent without submitting new requests to them on a two-year basis for approval. There were no further public comments. Chairperson Axelrod requested Town Planner McKinney return with the ordinance at the July meeting, incorporating this meeting's feedback. C. Discussion on Getting a Boat for Intracoastal — Member Adwar Member Adwar remarked that the problem of speedboats in coastal waters was out of hand. There are more wave runners, canoes, small boats, and water-skiers speeding on the Intracoastal than ever before. For safety's sake, it is necessary to purchase a police boat to stop speeding and prevent accidents. The Coast Guard is limited in what they can do. The area cannot get a wake zone because Boca and Delray have wake zones, and "that's a problem." Former Mayor Hegelund (ph) got the Coast Guard to open the bridges on the hour and half hour but would not give a wake zone to slow down the traffic. The seawalls are being badly battered on the Intracoastal. The Coast Guard will help the Town get a boat. The problem is getting worse every day for residents on the Intracoastal, especially on the weekends. There is a place for a police boat behind Town Hall. New docks were put in next to Delray Sands but boats cannot be parked there because they would be so badly battered. Boats need to be lifted out of the water because the waves will cause the boats to hit the concrete walls. He said something must be done. Member DeMoss asked what Boca and Delray did for this issue, and what the cost would be for the boat and personnel. Member Adwar said there was an old estimate of $50,000 but that was ten years ago. Delray and Boca both have a wake zone and so don't have the problem. Member Goldenberg added that Delray and Boca have patrols on the waterway, as does the Coast Guard Auxiliary. He believes the expense of the boat, the maintenance, the dock, and the personnel for the boat is a very large cost, which will be hidden until it gets installed. He would be in favor of a no wake zone, but he believes the marine industry would fight that because there is no place for them to run boats to test them. He stated there was a cost for living between the Intracoastal and the ocean, and his own condo will have issues with their seawall eventually. Vice Chairperson Kravit stated that without a speed limit along Highland Beach and without a no wake zone, the officer for the boat would not be able to provide citations or enforce the speed limit. He feels purchase of a boat would be a luxury without a speed limit or no wake zone to enforce. Chairperson Axelrod mentioned that this issue was discussed by the Planning Board years ago. The price was found to be exorbitant for a small town. The Intracoastal is combined with Boca and Delray, so they can choose not to patrol the Highland Beach area. He confirmed the speed limit is 25 miles per hour and having a boat is not going to help the Town. Without a no wake Planning Board Regular Minutes Wednesdav, June 12, 2019 Pale 9 of 14 zone, boats will still be going 25 or 30 miles an hour, and a Town boat will not be able to do anything. Member Goldenberg mentioned that the west side of the Intracoastal belongs to Boca and Delray and getting a no wake zone would require their approval. He suggested a sign on Mr. Adwar's property, and Member Adwar said he was made to take down signs. Chairperson Axelrod opened the floor to public comments. Fred Rosen of Braemar Isle stated he believes Delray and Boca will not cooperate, but if the Town purchased a used boat with a blue light and assigned an officer on weekends just to go up and down on the east side of the canal, most people seeing a blue light will slow down. He believes some of the large boats will slow down. Even a third less abuse on the seawalls will save millions of dollars. Coronado has problems, the hotel has problems, and eventually the Town will have problems. The expense of replacing seawalls is so high, anything the Town could do to help, such as the cost of one officer for Saturday and Sunday, would be a good investment for the Town. Member Adwar listed several seawalls that were in bad condition, such as the Coronet and Delray Sands and stated an empty lot next to Delray Sands has a seawall in "terrible array." A police boat will slow down people from making wake that pounds against the seawalls. Six years ago $300,000 was paid for seawall repair. It will cost a lot for Coronet and Delray Sands to repair their seawalls. He said everyone who lives on the Intracoastal will pay indirectly. Alan Polin of 3912 S. Ocean Boulevard welcomed new Member Goldenberg and congratulated him. He stated he empathized with Member Adwar's concerns. He agreed that wakes had a detrimental effect on seawalls but felt it would be premature for the Town to invest in a boat and incur the expense of maintenance, as well as operation costs such as gas and labor. He shared a story of Hillsboro Beach where the town bought a boat to enforce their existing no wake zone, which is a big difference from the current Highland Beach situation. Effort and energy and resources would be better spent in engaging a lobbyist. That's the way the system works right now, and without any change in the speed limit on the Intracoastal, there is no chance to address the destruction of seawalls. He stated a change in speed limit should be the focus of further efforts on the topic. Member Goldenberg suggested a compromise, which was to ask the Commission to speak with the police department to communicate with Delray and Boca to see if those towns could be more vigilant in their patrols in enforcing the speed limits that are already in place. He felt they might be amenable since they lost a police chief to a wake accident on the west coast of Florida. He suggested this request for more vigilance in speed limit enforcement might work. Rick Greenwald remarked that the speed limit was 25 or 30 depending on whether it was manatee season or not. He believes Boca has four or five police boats docked on the east side of the Intracoastal. The idea of the boat with a blue light to slow things down is a good idea. Large boats at 25 or 30 miles per hour push a lot of water and can create three-foot wakes. He suggested the police chief talk to Boca and see what kind of sharing arrangements could be worked out or see if Planning Board Regular Minutes Wednesdav, June 12, 2019 Page 10 of 14 they could patrol this stretch more. They tend to patrol more south than north. A small operation on the weekends would be difficult to assess without a pilot project. Member Adwar did not wish to make a motion but reiterated that Delray and Boca have a no wake zone. Highland Beach has wave runners doing figure eights, speed boats with waterskiing and wave riding, all of which cause a hazard to people in canoes and kayaks. Chairperson Axelrod reminded Member Adwar that the discussion at hand was about getting a boat, and that the wake problem was understood. Member Goldenberg commented that a motion might be made to ask the Commissioner to have the police chief talk to Boca and Delray about being more vigilant in enforcement. MOTION: Member Goldenberg moved to ask the Commissioner to have the police chief talk to Boca and Delray about being more vigilant in enforcement. Member DeMoss seconded the motion. UPON ROLL CALL: Member Adwar - Yes Member DeMoss - Yes Member Goldenberg - Yes Vice Chairperson Kravit - Yes Chairperson Axelrod - Yes Motion carried on a 5 to 0 vote. 1). Presentation on Coronado Seawall Replacement at 3400 South Ocean Blvd., presented by Building Official Jeffrey Massie. Building Official Massie remarked the prior discussion was a wonderful segue into the current topic. A handout was given to the Board showing plans for the Coronado, which were going straight to the Commission for approval. In the interests of continuity, the Town Manager thought it would be prudent to bring this matter to the attention of the Planning Board in case there were any additions to bring to the Commission for their consideration. A report from Cummins and Cederberg described the current status of the seawall at the Coronado as serious. Serious is defined as an advanced deterioration or overstressing or breakage. There is evidence of structural damage to the Coronado seawall, and repairs may need to be on a high priority basis. After serious, the next level is critical, which means the seawall has already failed. A serious condition can generate a proactive response, whereas a critical condition generates a reactive response, which is something "you don't want to be dealing with." The serious condition at Coronado includes severe cracking on a seawall panel. Cummins and Cederberg conducts annual inspections because of recommending replacement of that seawall back in 2018. Mr. Massie showed photos from the report, showing exposed reinforcement in the king pile and shear cracking in the concrete. Shear failure means complete failure of a king pile. Planning Board Regular Minutes Wednesday, June 12, 2019 Pap_e 11 of 14 The plan is to demolish 443 feet of the Coronado seawall with removal of the connection of the finger docks, which will be reconnected once the seawall is in place and a new seawall cap constructed. The existing elevation of the seawall cap is 4.2 at the Coronado, which does not meet the 4.5 requirement, which constitutes 6 feet above mean sea level. At its original construction, it was a little short on the elevation. The new plan is to raise the seawall to 5.5, which meets the requirement for the flood plain. Sheet piles will be driven to encapsulate existing king piles where possible, and kings piles that are out of range will be removed. Batter piles will extend into the new proposed seawall cap every other rib. A recommendation will be made to the Commission on July 2 to approve the plan as soon as possible due to the serious condition. Chairperson Axelrod asked if the Board needed to approve anything because pilings were involved. Mr. Massie said no, since no new pilings out into the water would be added. The team will be removing the dock portion up to the first mooring pile, so no new pilings will be driven. The project at issue is more for the seawall cap. Chairperson Axelrod asked if the docks would remain the same, and Mr. Massie confirmed they would. The only change would be some steps down would be added because of the elevation change in the seawall cap. Member Adwar asked if the cap on top would be replaced, and Mr. Massie confirmed there would be a new cap with rebar. The design for that was contained in the package given to the Board. Mr. Massie explained some of the details contained on the design drawings regarding reinforcing steel and how the seawall would be reinforced. No motion was needed as this item was brought for discussion and questions only. Member DeMoss asked about the condition of the finger docks and their pilings. Mr. Massie replied they were serviceable but some shielding might need to be added to the pilings in the future. He said there appeared to be no other issues at present. Member Goldenberg asked if Coronado's seawall would be higher than their neighbor would, and Mr. Massie confirmed that -was correct. The various seawalls would be uneven in height on the Intracoastal. Expansion joints would connect the current seawall project to adjacent seawalls so as not to put undue stress on those structures. There was discussion about other places where the walls were uneven. Mr. Massie explained that all the seawalls will have to "come to me" eventually to be raised. E. Discussion on Resolution of Intent to Adopt a Moratorium FINAL 6.3.19 — Mary McKinney. Chairperson Axelrod explained he would not read the title of 8.E. because there were some late changes on it. The staff came up with an alternative plan, and Town Planner McKinney stepped to the lectern to clarify. Town Planner McKinney explained that in reviewing the Comprehensive Plan update that the Commission and Planning Board have been working on for almost a year, a problem was revealed on the land use map, which was a designation called `potential conservation.' She explained that these green shaded areas on the map do not have specific boundaries and one has to guess where Planning Board Regular Minutes Wednesday, June 12, 2019 Pacye 12 of 14 they actually lie. The staff therefore desired a moratorium on development in order to have time to study the issue and come up with a definition of the term, but it was ultimately concluded it would be best to just delete `potential conservation' from the map, keeping the known designations and not opening the Town to future lawsuits, since even the staff cannot define what the designation means. The staff is currently asking for direction to do an amendment to the map by deleting `potential conservation' from parcels and bringing the amended map to the Board for approval, and ultimately to the Commission, so that the map would be clean and properly designated. Member DeMoss asked if the staff was still requesting a moratorium, and Town Planner McKinney said no. The current request was to forget the moratorium and to instead create a clean land use map with proper designations so potential developers could know what was allowed for land use and zoning. Member DeMoss asked about the land south of Toscana and its use, and Town Planner McKinney stated it was multifamily residential, six units per acre, but with the `potential conservation' overlay. MOTION: Vice Chairperson Kravit moved to recommend removal of the `potential conservation' designation from the land use map. Member DeMoss seconded the motion. Member Goldenberg expressed concern about someone requesting to develop property between now and the time the map is amended, and what should be done. Town Planner McKinney explained that it takes three months for the process to get through the various Town entities at present so that would not be an issue. Member Goldenberg stated that certain residents felt the moratorium was targeted to them specifically, and if they come back and want to develop their land and find their land use has changed, they will continue to feel targeted. His concern is for not having a moratorium while the map is being amended. Town Planner McKinney agreed that a moratorium was still possible if the Board chose to impose one, but she expected the land use change to be completed by the next Board meeting. Member Goldenberg expressed that he felt that was reasonable. Chairperson Axelrod gave some background for the issue, stating it had come up in 2015 and was not well thought out at the time. No one knows exactly who owns some of the property. The goal now should be to remove the designation and then find out ownership of the property. He felt that leaving the moratorium in place leaves the Town open to legal ramifications. He favored going forward with the staff's recommendation. He opened the floor to public comments. Alan Polin commented on his conversation with the Town Planner about getting the code, land use, and comprehensive plan all in coordination, consistency, and good order without contradictions. From a legal standpoint, he suggested there be specificity in putting into the formal regulatory scheme what he called "formulas." He explained this as the net developable space on any vacant parcel. Currently, there is a gross formula — six units per acre, for example. Practically, when staff analyzes a site plan, they have to know the net developable space, meaning other regulatory agencies weigh in on the development, agencies such as the Florida Department of Environmental Protection, the Army Corps of Engineers, the South Florida Water Management District, etc. Those agencies might subtract spaces such as wetlands, mangroves, and may only Planning Board Regular Minutes Wednesday, June 12, 2019 Pap_e 13 of 14 give a permit to dredge and fill a certain portion. He suggested the Commission adopt a formula and examples to put into the Code to clarify the net developable land area for any parcel. His understanding is calculations for development need to be on net information, not gross information. He asked the Town Planner to elaborate on the conversation they had. Town Planner McKinney explained that the current land use map has category designations as well as "up to" densities on it. Coming up with a net formula would be difficult without a full development proposal. If the staff arbitrarily comes up with a net, it puts the Town in a position of legal jeopardy. She felt that trying to apply something like a formula might create a legal problem. Chairperson Axelrod commented that going forward, there was time to explore that issue. Right now, however, the issue at hand was repealing the ordinance that is there. Vice Chairperson Kravit asked if there were green space requirements that would restrict the amount of land that could be developed, and the Town Planner said there were some FAR in the comprehensive plan and policies about protecting mangroves. There were also stormwater management restrictions that applied, and height restrictions. Vice Chairperson Kravit asked for confirmation that with the height restriction, FAR, green space requirements, and units per acre, there was "only so much that could be built anyway." Town Attorney Rubin clarified that it was not possible to know until an application was in, because of FARs that would need to be applied. Some sites might have wetlands, and also drainage needs to be designed, parking that is impervious versus pervious. Several development factors come into play, but they are very specific to the particular parcel. Vice Chairperson Kravit commented that once the development proposal comes in, the Town has the right to review it and request conditions of approval, but since landowners have the right to develop their land, the Town also has the right to require modifications to any plan. Member Goldenberg asked for clarification on what the Town Planner was asking from the Board. Town Planner McKinney stated she wanted the Board to direct staff to go forward with the land use map amendment to remove the `potential conservation' designation. Chairperson Axelrod commented that a repeal of the ordinance that was from 2015 would be in order. Member Goldenberg again asked for clarification, and Town Planner McKinney confirmed the changes would come back in ordinance form at the next meeting so it could be actioned. The Town Clerk read her notes on the motion that was currently on the floor: A motion "for removal of potential area of land use map change." Town Attorney Rubin clarified that the motion was to remove the `potential conservation' land use category. He further clarified that the Town Planner was asking to authorize staff to move forward with the change. Member Goldenberg asked for clarification, that "we're not removing anything until staff comes back to us." Town Attorney Rubin confirmed that was so, it was merely to move forward "with that concept," and explained that the Commission can only remove something by ordinance but it would have to come through the Planning Board first. Planning Board Regular Minutes Wednesday, June 12, 2019 Page 14 of 14 UPON ROLL CALL: Member DeMoss - Yes Member Goldenberg - Yes Member Adwar - Yes Vice Chairperson Kravit - Yes Chairperson Axelrod - Yes Motion carried on a 5 to 0 vote. 9. ANNOUNCEMENTS: Deputy Town Clerk Wright announced: • The Natural Resources Preservation Board Quarterly Meeting will meet June 13, 2019 at 9:30 AM. • A Town Commission Workshop Meeting will be held June 25, 2019 at 1:30 PM. 10. ADJOURNMENT: Chairperson Axelrod called for a motion to adjourn. MOTION: Member Adwar moved to adjourn. Member Goldenberg seconded the motion, which passed unanimously by voice vote. The meeting was adjourned at 10:55 a.m. APPROVED at the July 10, 2019 Planning Board Regular Meeting: ATTEST. CD, . t wfrr way JL1� r y A. Wrig t Deputy Town Clerk David"Axelrbd, Chairperso Transcribed by: TEI/mra i//(/m 0/q Date