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2019.11.14_PB_Minutes_Regular-- ._'.• TOWN OF HIGHLAND BEACH • PLANNING BOARD MINUTES Town Hall / Commission Chambers Date: November 14, 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: Member Ilyne Mendelson Member Eric Goldenberg Member Harry Adwar Member John Boden Vice Chairperson Michael Kravit Chairperson David Axelrod Town Attorney Leonard Rubin (ph) ABSENT: Member Brian DeMoss 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 Goldenbery, moved to accept the Agenda as presented. Member Adwar seconded the motion, which passed unanimously. 5. PUBLIC COMMENTS: Chairperson Axelrod asked if there were any Public Comments not related to Agenda Items. There were none. Planning Board Regular Meeting Minutes November 14, 2019 Page 2 of 8 6. APPROVAL OF MINUTES: There were no Minutes for approval. Chairperson Axelrod noted he felt Member Adwar's absence from the prior meeting should be excused as Member Adwar had a severe illness in the family and was required to be out of town. He asked for the forthcoming minutes to reflect Member Adwar's absence as excused. 7. OLD BUSINESS: There was no Old Business. 8. NEW BUSINESS: A. APPLICATION NO. 19-0360 (JAMES AND DONNA JENDRUCZEK) APPLICATION BY JAMES AND DONNA JENDRUCZEK TO REMOVE AN EXISTING 480 SQUARE FOOT MARGINAL WOODEN DOCK, REMOVE TOP 1 FOOT OF THE EXISTING RETAINING WALL, INSTALL NEW SECTION ON TOP OF EXISTING 87 LINEAR FOOT RETAINING WALL, KEEP EXISTING SEA WALL CAP AND INSTALL A 273 SQUARE FOOT CONCRETE MARGINAL DOCKING STRUCTURE AT 1087 BEL LIDO DRIVE. Chairperson Axelrod asked those who were to give testimony at today's meeting to stand and be sworn in. Deputy Town Clerk Beverly Wright swore in those who were to give testimony during today's meeting. Chairperson Axelrod read Item 9A into the record. He asked if there were any ex parte communications to disclose; there were none. He opened the Public Hearing and asked Town Planner Mary McKinney to approach the podium. Town Planner McKinney discussed the application (microphone not on, difficult to hear). She indicated the applicant provided a letter to the Town from Dynamic Engineering Solutions dated September 11, 2019, certifying the existing seawall was suitable for the proposed design. She reported the dock would be raised 18 inches above the existing cap and would be self -supported with helical piles land side, and concrete piles water side. She noted the applicant obtained the Army Corp and DEP permits and per Town Code Section 30-68H, would comply with all standards listed: 1). The installation shall be subject to approval by the Planning Board at an advertised public hearing; 2). The Planning Board shall have final decision-making authority over the granting of an approval for the Dolphins, pilings, boat lifts and moorings; 3). Appeals of the final decision of the Planning Board shall be filed in the 15th Circuit Court in Palm Beach County and appeals shall be filed within 30 calendar days of the decision. She displayed and discussed an illustration of the proposed pilings and seawall. She indicated Staff recommended approval of the plans to remove an existing 480 square foot marginal wooden dock, remove the top 1 foot of the existing 86 linear foot retaining wall, install new section on top of existing retaining wall, keep the existing seawall cap, and install a 273 square foot concrete marginal docking structure. She stated, following approval by the Planning Board, and prior to initiation of construction, the applicant was Planning Board Regular Meeting Minutes November 14, 2019 Page 3 of 8 required to obtain a building permit from the Town of Highland Beach Building Department. She noted building permits would not be issued by the Town until all required federal, state, county or other applicable government approvals and permits were obtained. She indicated the Building Official and Town Planner reviewed the application and submitted documents and certified the plan met the Town of Highland Beach zoning code and other governmental agency requirements. Chairperson Axelrod noted the seawall was in place for this project; therefore, the final approval was in the hands of the Planning Board; as such, this application would not go before the Town Commission. Town Planner McKinney concurred. Member Goldenberg asked if the applicant was simply capping and increasing the height of the seawall. Town Planner McKinney responded in the affirmative. Chairperson Axelrod asked the applicant to come forward with any comments. Mr. Taylor Crips (ph) stated he was the contractor for the project. He indicated the project was necessary due to the rising tides. He stated Town Planner McKinney accurately reviewed the details of the project. Member Goldenberg asked if all necessary notifications to the surrounding landowners had been sent. Town Planner McKinney responded in the affirmative; the Town had not received any comments for or against the project. Chairperson Axelrod asked if there were any public comments; hearing none, he closed the public hearing. MOTION: Vice Chairperson Kravit made a motion to approve. Member Mendelson seconded the motion. ROLL CALL: Vice Chairperson Kravit - Yes Member Mendelson - Yes Member Goldenberg - Yes Member Adwar - Yes Member Boden - Yes Chairperson Axelrod - Yes The motion carried. B. APPLICATION NO. 19-0368 (VASILIO ANTONIADIS) APPLICATION BY VASILIOS ANTONIADIS, REPRESENTED BY JOHN DYKINGA OF OCEAN ONE MARINE, FOR A 309000 LB CAPACITY EIGHT PILING BOAT LIFT WITHIN EXISTING SLIP NO. 15, WHICH IS PART OF THE OCEAN COVE DEVELOPMENT DOCKING FACILITY. Planning Board Regular Meeting Minutes November 14, 2019 Page 4 of 8 Chairperson Axelrod read Item 9B into the record. He asked if there were any ex parte communications to disclose; there were none. He opened the public hearing and called Town Planner McKinney to the podium. Town Planner McKinney reported this was an application for a 30,000 -pound capacity, 8 piling boat lift within existing slip #15, which was part of the Ocean Cove Development Docking Facility. She displayed and discussed the map of the area. She noted the applicant had obtained the Army Corp and DEP permits and Staff had reviewed the application for compliance with Town Code. She indicated notice had been sent to all surrounding property owners and the Town had not received any comments for or against the project. Member Mendelson asked if any of the surrounding docking site had boatlifts. Town Planner McKinney responded in the negative. Chairperson Axelrod asked if the applicant wished to make a presentation. The applicant, John Dykinga, indicated the project was straight forward; a 30,000 -pound lift would be constructed at slip # 15. He noted the lift was approved by the HOA. He indicated he had the Army Corp and DEP permits. Member Goldenberg asked about the boat, which would be stored in the lift. Mr. Antoniadis responded he had not yet purchased the boat. Vice Chairperson Kravit asked about the lift height. Mr. Dyking responded lift height depended upon piling height. He noted the boat would only be lifted high enough to be above storm tides. Vice Chairperson Kravit asked if there was a zoning requirement, which set the height from average sea level to the bottom of the boat. Town Planner McKinney noted there was a zoning code, which addressed the height requirement measuring from the bottom to the superstructure. She stated the Planning Board should have Staff work to improve this zoning code. She discussed an application being reviewed by Staff, which was extremely involved and extended back to 2016. Vice Chairperson Kravit stated he recalled discussing boat dock height with the Planning Board previously and he felt whatever decision was made today should include a height limitation. Town Planner McKinney suggested the Planning Board direct Staff to research and modify the code to clearly reflect piling height requirements. Chairperson Axelrod indicated the Planning Board suggestion regarding height requirements was brought before the Town Commission and was not approved. Discussion ensued regarding what current zoning codes required, directing Staff to research and improve zoning codes regarding piling and boat lift heights difficulties, which could arise for larger boats with rising sea levels, and no residents opposing this application. Member Boden noted it was difficult to define boat heights. He suggested investigating other municipalities' codes in this regard. Vice Chairperson Kravit stated he wished to know what zoning code currently required prior to approving this application. Member Mendelson indicated the Planning Board needed to know this code for consideration during deliberation. Discussion ensued regarding the applicant being Planning Board Regular Meeting Minutes November 14, 2019 Page 5 of 8 subject to current code requirements regardless, not being able to impose a requirement which was not codified, and not requiring the applicant to wait until code was adjusted prior to application approval. Chairperson Axelrod asked if there were any public comments. Ms. Peggy Gossett -Seidman was sworn in by Deputy Town Clerk Wright. Ms. Peggy Gossett -Seidman stated she was speaking as a resident, not as a Commissioner. She stated she and her family spoke with the Army Corp (regarding an issue prior to her running for Commissioner) who indicated it was very difficult to determine a mean water line and establish boat height requirements due to a multitude of factors: locations vary, tide levels vary, boat sizes vary, etc. She noted her family was the first to install and use a boatlift on the intercoastal in her neighborhood. She reported the Army Corp recommended installing the lift at the mean water mark, which was done; however, as a result the motor remained in the water half the day after the boat was lifted, which was not a good situation. She explained Highland Beach code would need to be configured by location. She noted view obstruction would need to be included in code as well. She stated there were many factors which would need to be considered when writing code requirements. She discussed the benefits and disadvantages of no wake zones and violations of no wake zones. She discussed the benefits and disadvantages of boatlifts. She noted the information she gathered could be provided to the Planning Board for review. Discussion ensued regarding further discussion of potential code requirements. Chairperson Axelrod asked if there were any further comments; hearing none, he closed the public hearing. MOTION: Member Mendelson made a motion to approve. Member Goldenberg seconded the motion. ROLL CALL: Member Mendelson - Yes Member Goldenberg - Yes Member Adwar - Yes Member Boden - Yes Vice Chairperson Kravit - Yes Chairperson Axelrod - Yes The motion carried. C. REVIEW AND DISCUSSION OF THE CROSSWALK ENHANCEMENT PROJECT Town Manager Labadie stated the Town had been moving forward with KCI Engineering on the Crosswalk Project. He reported the designs were complete, the bid documents were 85% complete, and the next step was obtaining the FDOT permit. He stated he would come before the Town Commission next week at the request of FDOT for another item approval and he hoped this Planning Board Regular Meeting Minutes November 14, 2019 Page 6 of 8 would be the last request by FDOT for a resolution authorizing his signature on the permit. He indicated after his signature was authorized, he hoped FDOT would issue the permit. He stated yesterday, at the Appropriation Subcommittee of Transportation and Tourism, an appropriation request (by Highland Beach) was approved and would move forward to the Committee level for approval. He stated Highland Beach requested to partner with the State in some, or all, of the funding for the Crosswalk Enhancement Project. He stated he believed a portion of this project would cost more than the Charter provision of $350,000. He stated hopefully, the State would assist with the funding, specifically for the embedded lighting, which was included as an add alternative. He discussed the Crosswalk Project plans, which included crosswalk locations, signs, lights, striping, ADA improvements, signals, embedded lighting, etc. He noted the crosswalks were not "stop traffic" crosswalks and pedestrians would need to be aware of traffic flow while crossing. He discussed the embedded lighting add alternate estimated cost. He discussed the potential addition of a white LED light at the top of each crosswalk pole, which would alert drivers to crosswalk locations at night. He stated this would be a straightforward project, there were no crosswalk realignments, and no power was required as all lights would be solar powered. He displayed and discussed an illustration of the proposed crosswalk design. He noted the lights would be easy to replace. He stated the Crosswalk Project was moving forward and would begin once the FDOT permit was issued. Member Boden stated he was not an advocate for in -road lighting, as it was expensive to maintain. He indicated he hoped this would be the first item removed from the project. He indicated placing the flashing light below the crosswalk sign made it more difficult to see. He explained by placing the lights higher on the crosswalk sign pole, there would be fewer rear end collisions. Town Manager Labadie stated the light was required to be a minimum of 7 feet high. Discussion ensued regarding difficulty seeing past large trucks, embedded road lighting, more lighting equaling more visibility, placing flashing beacons at the top of the sign, and placing flashing lights at the bottom and top of the sign. Member Mendelson stated she felt embedded lighting was an excellent idea. She noted she believed the residents would appreciate the embedded lighting. She asked how long the project would take once begun. Town Manager Labadie stated he hoped to break ground after the holidays; the project should take approximately one month to complete. Member Mendelson asked if there would be disruption along AIA. Town Manager Labadie responded in the affirmative; he stated he would not classify the disruption as "a lot" of disruption. He indicated there would be less disruption if the embedded lighting was not installed. He discussed the construction signage and possible traffic disruption required to mill the road for embedded lights. Member Adwar asked about the road construction signage. Town Manager Labadie displayed and discussed the road construction signage, which would be utilized during the project. Chairperson Axelrod asked when the State Legislative Session ended. Town Manager Labadie indicated the State Legislative Session was from January through May. He noted once the Session began, if it looked possible Highland Beach might receive funding for the Crosswalk Project, the Town may wish to slow down the process in the hopes of obtaining funding. He noted the local delegation and the County were in support of this project. He indicated he would keep the Planning Board and Town Commission updated. He indicated the signs could be installed first and the embedded lighting could be delayed for future installation. Planning Board Regular Meeting Minutes November 14, 2019 Page 7 of 8 Member Boden recommended installing the signs and sign lighting as soon as possible and recommended waiting to install the embedded lights. Town Manager Labadie stated this could be done. Member Mendelson commended Commissioner Gossett -Seidman for her efforts regarding the Crosswalk Project. Vice Chairperson Kravit stated he felt the Crosswalk Project was an excellent endeavor. He reported his research indicated horizontal lights were more effective than LEDs and the embedded lights were very effective at night. He stated the LED light to illuminate the crosswalk sign was also important and was effective late at night even being a low-level illumination. He indicated he was excited about this project. He thanked Commissioner Gossett -Seidman. He noted if one life could be saved over the next 20 years it was worth the effort and expense. Member Adwar asked about the Florida Power and Light (FPL) streetlight, which was out on A IA. Town Manager Labadie responded notification had been sent twice regarding this streetlight; Staff was communicating daily with FPL in this regard. Member Adwar reported FPL indicated the light fixture itself needed repair. Member Goldenberg stated he felt the Crosswalk Project was a wonderful project; his only concern was the crosswalks would not automatically stop vehicles. He stated the big issue would be enforcement. He noted it was important to encourage the Police Department to strictly enforce the crosswalks. He recommended building a model of the crosswalk to place on display for residents to view. Member Boden concurred. He recommended a public education project be included in the Crosswalk Project for pedestrians and drivers. Vice Chairperson Kravit indicated there were many videos online, which illustrated the crosswalks; building a model would increase construction costs. Member Mendelson agreed; building a model was time consuming and expensive. She recommended creating a picture display for the Town Hall Lobby. Member Goldenberg explained he was recommending a small table model for display not a full-size construction model. Chairperson Axelrod noted this Item did not require a motion. He thanked Town Manager Labadie for the update. Mr. Fred Rosen stated recently he was in Deerfield Beach on a rainy night approaching a crosswalk, which contained embedded lights. He indicated the embedded lights were extremely effective and he felt embedded lights would be an excellent safety feature for Highland Beach. Chairperson Axelrod indicated if the State did not approve funding, the various condos associated with the crosswalks could be approached for possible funding. He agreed embedded lighting was important and effective. 9. ANNOUNCEMENTS: Deputy Town Clerk Wright made the following announcements: Planning Board Regular Meeting Minutes November 14, 2019 Page 8 of 8 1. Town Commission Regular Meeting —November 19, 2019 — 1:30 PM 2. Town Commission Regular Meeting — December 3, 2019 — 1:30 PM 3. Light Up the Holidays and the 70th Town Anniversary Event - December 5, 2019, from 6:30 PM to 8:30 PM Deputy Town Clerk Wright indicated she would distribute the 2020 calendar meeting dates at the end of today's meeting. Chairperson Axelrod commented the Planning Board Meetings would be held the second Thursday of every month. He noted no holidays affected this schedule; however, this was a tentative schedule. 10. ADJOURNMENT: Chairperson Axelrod called for a motion to adjourn. MOTION: Member Adwar moved to adjourn. Member Goldenberg seconded the motion, which passed unanimously. The Meeting was adjourned at 10:26 a.m. APPROVED at November 12, 2019 Planning Board Meeting: David Axelrod, Chairperson ATTEST'; 'Q 1t rr •y 2J 1`� �A� A te, Wright "Nd� Deputy Town Clerk Transcribed by: TEI/he