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2019.08.15_PB_Minutes_RegularTOWN OF HIGHLAND BEACH • PLANNING BOARD MINUTES Town Hall/ Commission Chambers Date: August 15, 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. He asked all present to please silence all cell phones/devices. 2. PRESENT UPON ROLL CALL: Board Member Ilyne Mendelson Board Member Brian DeMoss Board Member Eric Goldenberg Board Member John Boden Vice Chairperson Michael Kravit Chairperson David Axelrod Town Attorney Glen Torcivia Deputy Town Clerk Beverly Wright ABSENT: Board Member Harry Adwar 3. PLEDGE OF ALLEGIANCE: The Board Members Led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA: Chairperson Axelrod asked if there were any additions, deletions or corrections to the Agenda. There were none. MOTION: Member DeMoss moved to accept the Agenda as presented. Member Goldenberg seconded the motion which passed unanimously. 5. PUBLIC COMMENTS: Chairperson Axelrod indicated Public Comments were limited to 5 minutes each. He asked if there were any Public Comments. Mr. John Ross stated he lived in Casuarina. He asked if the Planning Board analyzed the ability of a proposed development to retain 100% of rainwater. He asked what standards were used to analyze a developments ability to retain rainwater. Planning Board Regular Meeting Minutes August 15, 2019 PaLye 2 of 9 Town Planner Mary McKinney responded the Town had a code which addressed stormwater management and each project was reviewed to determine the amount of runoff which might be produced. She stated every development was required to retain a certain percentage of stormwater on site per code. She explained stormwater retention was addressed prior to the Planning Board's review of a project and the Planning Board received the stormwater retention evaluation information. She indicated each development was required to retain the first one inch of stormwater runoff on site. Vice Chairperson Kravit stated when the Civil Engineers were designing a project there were State Agencies, County Agencies and Federal Agencies, such as the Lake Worth Drainage District and the South Florida Water Management District which, depending upon the project, reviewed the project and promulgated the requirement regarding how much water was to be retained on site and how the water was filtered and discharged. 6. APPROVAL OF MINUTES: A. July 10, 2019 Regular Minutes Chairperson Axelrod asked if there were any additions, deletions or corrections to the July 10, 2019 Regular Minutes. Hearing none, he called for a motion. MOTION: Member Goldenberg moved to approve the July 10, 2019 Regular Minutes. Member DeMoss seconded the motion, which passed unanimously. 7. OLD BUSINESS: There was no Old Business. 8. NEW BUSINESS: A. Welcome New Board Member Ilyne Mendelson Chairperson Axelrod welcomed Ilyne Mendelson as a new Board Member. He noted she previously served on the Planning Board, as well as the Board of Adjustment and Appeals. Member Mendelson stated (inaudible, microphone not on). B. PROPOSED ORDINANCE AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ARTICLE VI "FLOODPLAIN MANAGEMENT", DIVISION 1 "ADMINISTRATION", SECTION 20-346 "VARIANCES AND APPEALS", AMENDING CHAPTER 30 "ZONING CODE", ARTICLE II "DECISION MAKING AND ADMINISTRATION", SECTION 30-23 "BOARD OF ADJUSTMENT AND APPEALS; ARTICLE III "DEVELOPMENT REVIEW", SECTION 30-31 "DEVELOPMENT REVIEW ESTABLISHED" AND SECTION 30-40 "VARIANCES AND INTERPRETATIONS"; ARTICLE IV "ZONING DISTRICTS", SECTION 30-64 Planning Board Regular Meeting Minutes Aueust 15, 2019 PaLye 3 of 9 "PROPERTY DEVELOPMENT REGULATIONS"; AND ARTICLE VI "NONCONFORMITIES", SECTION 30-103 "NONCONFORMING LOTS OF RECORD," TO PROVIDE THAT CERTAIN VARIANCES SHALL BE DECIDED BY THE BOARD OF ADJUSTMENT AND APPEALS AND CERTAIN VARIANCES SHALL BE DECIDED BY THE TOWN COMMISSION UPON RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Chairperson Axelrod read Item 8B into the record. Town Planner McKinney reported over the past year the Commission discussed the most appropriate process for determining variances and/or appeals. She noted at the October 2, 2018 Meeting the Commission adopted Ordinance 18-008 which basically moved the decision-making authority from the Board of Adjustment and Appeals to the Town Commission and relegated the Board of Adjustment and Appeals to an advisory position. She stated since that time the Town Commission reconsidered the role of the BOAA as an advisory board, and granted the BOAA decision make ability for variances and appeals with low impact, while high impact variances and appeals would be decided by the Town Commission following an advisory recommendation from the Board of Adjustment and Appeals. She reported at the July 2, 2019 Town Commission Meeting the Commission directed Staff to revise the ordinance to return most of the decision- making authority to the Board of Adjustment for what the Commission referred to as low impact variances with high impact variances being decided by the Commission with a recommendation from the Board of Adjustment. She noted Staff made the recommended changes to the Ordinance with low impact versus high impact stipulations (referenced on page 2). She read through the definitions of low impact and high impact variances. She noted this ordinance was part of the Land Development Code and the Planning Board was required to review and make an advisory recommendation regarding anything related to the Land Development Code. Member Mendelson asked why the height restrictions for multifamily were not included in the definition of low impact. Town Planner McKinney discussed the Town Commission's reasoning in this regard. Member Mendelson indicated she felt multifamily height restrictions and ground level setbacks should be grouped together; either both being decided by the BOAA or both being decided by the Town Commission. She asked if appeals regarding BOAA decisions were sent to court. Town Planner McKinney responded in the affirmative. Member DeMoss had no comment. Member Goldenberg agreed with Member Mendelson. He stated the multifamily height restrictions and setbacks should both go to the Town Commission with recommendations from the Board. He noted this would enable the Community to have more input. Vice Chairperson Kravit stated he believed all decisions and all variances should be heard by the Board of Adjustment and the high impact decisions should go before the Town Commission for final approval after being heard by the Board of Adjustment. Member Mendelson explained this was the case: all variances were reviewed by the Board of Adjustment; however, the high impact decisions were reviewed by the BOAA and sent to the Town Commission for final decision. Planning Board Regular Meeting Minutes August 15, 2019 Page 4 of 9 Member Boden stated he agreed with the Ordinance as written. Chairperson Axelrod stated he was against this and all decisions should be made by the Board of Adjustment and Appeals. He stated the Board of Adjustment and Appeals should be trusted to make the right decisions as the individuals serving on the BOAA were more qualified than the individuals serving on the Town Commission to make variance decisions. Vice Chairperson Kravit indicated the Board of Adjustment and Appeals would review a case and make a recommendation to the Town Commission. He noted 90% of the projects he presented to cities and towns for development with requested variances ultimately were required to be approved by a City Council or Town Commission. He stated this ordinance instituted a checks -and - balances -type system and was a worthwhile process. Member Mendelson stated she felt either the BOAA should have full authority or the Town Commission should have full authority regarding multifamily projects. She stated splitting the authority for multifamily project variances between the Town Commission and the BOAA could become complicated, especially if a multifamily developer needed a variance for both height and setback requirements as this would require the developer to come before two separate governing bodies for the same project. MOTION: Member Goldenberg moved for all multifamily ground level setbacks and height restrictions to go to the Board of Adjustment and Appeals for review and recommendation to the Commission. Member Mendelson seconded the motion. Member Boden asked for clarification of the proposed change in the ordinance by Member Goldenberg's motion. Town Planner McKinney explained the motion was to change the ordinance to send variances regarding ground level setbacks for new and existing multifamily developments to the BOAA for -review and recommendation and the Town Commission for final decision. Discussion ensued regarding the motion, the ordinance, proposed changes to the ordinance, history of the ordinance, and unintended consequences. Vice Chairperson Kravit stated he worried about variances being approved by the BOAA or Town Commission prior to project review by the Planning Board as this nullified the Planning Board's authority. He proposed variances come before the Planning Board prior to review by the BOAA and Town Commission. He stated he believed it was important for the Planning Board to have input regarding the appropriateness of a variance prior to review by the BOAA and then the Town Commission. Member Goldenberg agreed with Vice Chairperson Kravit. Member DeMoss agreed with Vice Chairperson Kravit. He stated review by the Planning Board would reduce the number of variance applications. Member Mendelson, stated the Planning Board was being asked to review the ordinance which determined whether the BOAA or Town Commission reviewed variances and had final authority over decisions. She stated standard process has always been: 1) present a project to the Building Planning Board Regular Meeting Minutes August 15, 2019 Page 5 of 9 Department, 2) bring variance requests before the BOAA or Town Commission, and 3) after approval of variances bring final project request before the Planning Board. She stated Vice Chairperson Kravit was proposing a change to the entire process and she did not feel this was appropriate at this time. Discussion ensued regarding Town Code and processes, the need for the Planning Board to review variances, Vice Chairperson Kravit's recommendation being a change to the process as a whole which was unrelated to Item 8B, the Item before the Planning Board (Item 8B) being a recommendation regarding a proposed ordinance, giving the Planning Board authority to approve projects with conditions of approval prior to variance approval, and the Planning Board having the right to express it did not approve a project variance when it reviewed a project. Chairperson Axelrod recommended voting on the motion at hand if there was no further discussion specifically regarding the motion. He asked if there were public comments. Mr. Doug Hillman stated he lived in Dalton Place. He reminded the Planning Board of the complicated Toscana project and the multimillion -dollar suit which followed. He noted the Toscana project had height and density issues. He recommended including variances for density. Member Mendelson stated setbacks affected density. Mr. Doug Hillman noted apartment size also affected density in terms of number of units built. He stated he felt all multifamily projects should go before the Town Commission for final decision. He indicated having a Board consisting of qualified individuals review a project and make educated recommendations was of high benefit to the Town Commission; however, it was important for the Town Commission to review all multifamily projects, especially in light of possible litigation. Mr. John Ross stated he would like to see a chart and checklist of materials which would accompany a request to issue a permit. He stated he believed the current process was not clearly understood. He agreed multifamily project variances should go before the Town Commission for final decision. He stated a chart and checklist would better enable the, public to understand the process steps and requirements regarding variances. He indicated the chart could be changed as necessary. He noted the process as a whole needed to be accessible and efficient. Mr. Fred Rosen stated he lived in Braemer Isle. He agreed all high impact variances should be reviewed by the Town Commission. Member Mendelson asked if density variances should be included in the motion. Town Planner McKinney indicated there were no variances permitted for density; also, condo associations had density regulations. Member Boden suggested the motion be tabled until the language could be reviewed for clarity. Town Attorney Torcivia clarified the motion. Planning Board Regular Meeting Minutes August 15, 2019 ROLL CALL: Member Mendelson - Yes Member Goldenberg - Yes Member DeMoss - Yes Member Boden - Yes Vice Chairperson Kravit - Yes Chairperson Axelrod - Yes The motion carried. Page 6 of 9 Chairperson Axelrod asked if discussion could continue regarding the non -agenda topics brought up by Vice Chairperson Kravit and Mr. John Ross. Town Attorney Torcivia responded in the affirmative. He stated basically the Agenda was being amended to include a discussion topic. Vice Chairperson Kravit explained when a developer applied for a project there were outlined procedures to follow through a document called the "Florida Building Code." He noted the Florida Building Code, Chapter 2 — Permits, explained the procedure to be followed for submission and issuance of building permits, explained the responsibilities of the building officials, and outlined a time frame for residential building permit issuance (30 days). He stated a clear list of documents required to be submitted with the application was provided in the Florida Building Code. He stated the Town should have a checklist regarding Town procedures and requirements; however, he was unsure. He noted the checklist was usually included in the book of ordinances. He stated the Town could provide a short document which described the procedure and pointed to where the requirements could be found (Chapter 2 of the Florida Building Code online). He noted waiting a year to get a permit for a generator was outrageous and should never have occurred. Town Planner McKinney stated Highland Beach had applications available online (the development order application, building permit application and variance application) which clearly listed the start to finish application process and included a checklist. She stated if there was any confusion regarding the process the Building Department Staff was prepared to assist and answer questions. She indicated the Building Department provided first class treatment to all customers and residents. She stated it was frustrating there was so much misinformation being spread regarding the Building Department. She explained in the case of the generator application which took a year to approve, there were complications out of control of the Building Department which caused the delay, as well as delays caused by the applicant. Chairperson Axelrod agreed the Building Department was not at fault regarding the generator application case; there was no in -town Planning Department or Town Planner during the time of the application. He explained the Town had been in a transition process when this occurred. He stated with the new Building Department and Town Planner McKinney the system was running very smoothly. Town Planner McKinney noted all applications were online and easily accessible. Member Goldenberg stated he recommended a flow chart of how things would happen, for example, would the application go straight to the Board of Adjustment and Appeals, be approved, Planning Board Regular Meeting Minutes AuLyust 15.2019 Pace 7 of 9 and the process was complete or would it next go before the Planning Board. He stated he believed a partnership between the two Boards was important and an Agenda item needed to be added to the next meeting regarding flow chart development. Chairperson Axelrod stated the Planning Board reviewed variance applications after approval by the BOAA. Town Planner McKinney stated the Planning Board reviewed variance applications when reviewing new projects; the Planning Board did not review variance applications related to completed projects, such as a variance application for generator at an established single-family home. Town Planner McKinney explained the variance application process as related to the Boards for a new build single family home project: first, the application would go to the Building Department for review, the Building Department would inform the applicant the project did not meet code requirements; next, the applicant could file a variance application with the Board of Adjustment and Appeals and if approved, then the application would come to the Planning Board. She explained the Planning Board had the right to deny the variance which was approved by the BOAA. She stated if the Planning Board decided against the project and variance the applicant could either adjust the project to eliminate the need for a variance or the applicant could take the case to court. Member Mendelson reviewed the multifamily project variance application process: first, the project would go to the Building Department, the Building Department would inform the applicant the project did not meet code, requirements, following which the applicant could file a variance application with the Board of Adjustment and Appeals; if approved, the project would next go before the Town Commission, following which the Planning Board would review the project and make a recommendation to Town Commission. Town Planner McKinney explained the Planning Board had final say on most projects; therefore, the Planning Board had the right to deny a multifamily project at which point the applicant could change the project to fit code or take the case to court. Member Mendelson asked if the BOAA and/or Town Commission approved a variance, and the Planning Board denied the variance, would the applicant have a cause of action to sue the Town. Town Planner McKinney stated the Planning Board had a right to deny applicants. Member Goldenberg stated he understood the Town Commission attempted to clean up this process in an effort to shorten Town Commission meetings which were running for hours due to the number of nonimpact variances it was required to approve. He stated he believed a flow chart should be developed for submission to the Town Commission regarding the application process as it related to the Boards. Town Attorney Torcivia stated these concerns should be discussed at the next meeting. He noted a flow chart could be developed at the next meeting. Chairperson Axelrod asked if Town Planner McKinney was correct in indicating all projects were ultimately decided by the Planning Board. Town Attorney Torcivia responded he believed so, but he wished to research this matter further to be certain. Planning Board Regular Meeting Minutes August 15, 2019 Page 8 of 9 Member Mendelson asked if the Planning Board was a quasi-judicial board. Town Attorney Torcivia responded in the affirmative. Chairperson Axelrod noted in many municipalities the Planning Board was completely separated from the Commission and operated under its own authority. Discussion ensued regarding variance and code, allowing the Town Attorney time to research the subject, and adding this subject as an agenda item for the next meeting. Mr. Doug Hillman stated he lived at Dalton. He stated he had been sitting through board meetings for the better part of a year. He noted the boards were becoming more and more important to the Town. He stated the Commission wished to strengthen the boards and encourage board membership; as such the Commission was giving deciding power back to the boards. He explained this was another reason the process was changed. He stated he felt this had been an excellent Planning Board Meeting with excellent discussion. Chairperson Axelrod suggested postponing review of procedures and protocols with development of a flow chart until the October meeting, as the meeting in September.would barely make quorum. Member Goldenberg agreed and stated he believed the flow chart would be helpful to both the boards and the public. Town Planner McKinney asked for direction. Vice Chairperson Kravit asked Town Planner McKinney and Town Attorney Torcivia to prepare a flow chart which illustrated the typical and atypical processes of submitting for a project, submitting for variances, and ultimately submitting for a building permit, including where the applications went, how the process flowed, what boards the application went before and the hierarchy of the process. Member Mendelson asked for the flow chart to also differentiate between single family and multifamily applications, and to clearly indicate who the final decision maker was in regards to each type of project and application. C. APPROVAL OF PLANNING BOARD MEETING DATES Chairperson Axelrod asked if there was any discussion or comment regarding the list of Planning Board meeting dates for the next year. Member Boden asked if the proposed calendar corresponded with the third Thursday of each month. Chairperson Axelrod responded in the affirmative, with the exception of the meeting scheduled for September 12, 2019. Discussion ensued regarding the September meeting date. MOTION: Vice Chairperson Kravit moved to approve the proposed Planning Board meeting dates with any corrections or changes to the dates which may be necessary. Member Mendelson seconded the motion. ROLL CALL: Vice Chairperson Kravit - Yes Member Mendelson - Yes Planning Board Regular Meeting Minutes August 15, 2019 Member Goldenberg Member DeMoss Member Boden Chairperson Axelrod The motion carried. 9. ANNOUNCEMENTS: Yes - Yes - Yes - Yes Deputy Town Clerk Beverly Wright made the following announcements: Page 9 of 9 1. Town Commission Budget Workshop Meeting — August 20, 2019 — 12:00 PM 2. Town Commission Workshop Meeting — August 27, 2019 — 1:30 PM. 10. ADJOURNMENT: Chairperson Axelrod called for a motion to adjourn. MOTION: Member Goldenberg moved to adjourn. Vice Chairperson Kravit seconded the motion, which passed unanimously. The Meeting was adjourned at 11:39 a.m. APPROVED at-tlle Septexifb 12, 2019 Planning - A, ATTEST:.IJ . &ve Wright Deputy Town Clerk Date