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2009.11.12_PB_Minutes_Regular•'~` ~ 6 B 1: ~~ ~~~ ° ' F-'• m ~~ TOWN OF HIGHLAND BEACH i s;• ~R'~/ ~3: ~ :~i • ~o." ~r'•. ~ ;~•_% MINUTES OF THE ~'~~ ~` ' • • •'•* = PLANNING BOARD REGULAR MEETING Thursday, November 12, 2009 9:30 AM Members Present: Chair Louis P. Stern, Vice Chair Joseph Yucht, Board Member Max Angel, Board Member Beverly Knight, Board Member Patricia Pembroke, Board Member Paul Resnick, and Board Member Dennis Sheridan. Also Attending: Town Attorney Tom Sliney, Town Manager Dale Sugerman, Deputy Town Clerk Valerie E. Oakes and members of the general public. CALL TO ORDER: Chair Stern called the Regular Meeting to order at 9:30 AM. Roll call was taken by Deputy Town Clerk Oakes. The Pledge of Allegiance followed. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA: MOTION: Vice Chair Yucht moved to approve the agenda as presented. Board Member • Sheridan seconded the motion, which passed unanimously. PUBLIC COMMENTS AND REQUESTS: None. PRESENTATIONS: No presentations. APPROVAL OF MINUTES: MOTION: Vice Chair Yucht moved to approve the minutes from the October 7, 2009, Regular Meeting. Board Member Sheridan seconded the motion, which passed unanimously. OLD BUSINESS: Byrd Beach Estates At the previous regular meeting, the board inquired as to whether they should re-open the case of Byrd Beach Estates. Chair Stern reported that he sent a letter to Attorney George "Rusty" Roberts requesting a legal opinion on the matter (copies of the Planning Board Regular Meeting 11/12/09 Page 1 of 3 correspondence are attached). The board discussed its concerns for the fire safety issues within the community. Town Manager Sugerman explained that there are no existing fire • code violations on the property. Chair Stern stated that as far as the Planning Board is concerned, the issue for Byrd Beach Estates is closed. Updates to Section 30, Zoning Code of the Code of Ordinances of the Town of Highland The board reviewed the changes to chapter 30 and the following items were noted for the record: Page 1 - No change. Pages 2 & 3 -Table 30-2 is currently existing in the code. Note #4 was included under the zoning districts -minimum front setback, minimum side setback, minimum rear setback, ocean setback, and high-rise setback. Under the zoning district maximum lot coverage for residential estate there is a number 6 that refers to a note that does not exists, so the number six was deleted. Page 4 - In the title "Ancillary Items Allowed within the Setbacks", the word setbacks was made singular. After "furniture may be permitted in any yard subject...", the word yard was changed to setback. Page 5 - No change. Page 6 - No change Page 7 -Change "Set Back" to Setback. In the title "Diagram for the Definition Setbacks", made setbacks singular. MOTION: Vice Chair Yucht moved to accept the proposed zoning code changes for section 23 and section 30. Board Member Sheridan seconded the motion, which passed unanimously. Roll Call Vote Vice Chair Yucht -Yes Member Sheridan -Yes Chair Stern -Yes Member Angel -Yes Member Pembroke -Yes Member Resnick -Yes Member Knight -Yes 5/0 Motion carried. Planning Board Regular Meeting 11/12/09 Page 2 of 3 A Public Hearing is scheduled for Wednesday, December 9, 2009, at 9:30 a.m. • NEW BUSINESS: There is a Joint Meeting of the Beaches & Shores Advisory Board and the Planning Board on Wednesday, November 18, 2009, at 9:30 a.m. to discuss the request of a wake zone reduction. ADJOURNMENT: MOTION: Board Member Pembroke moved to adjourn the meeting at 10:14 a.m. Board Member And seconded the motion, which passed unanimously. APPROVED: TOWN SEAL o 's P. e ,Chair do ucht, Vice Ch~fr~ -'` / i ~~ ATTESTED: • ~- Patricia embroke, Board Member Valerie Oakes Beve y Knight, Board Member Deputy Town Clerk Paul snick, Board Membe Date: Wednesday, December 9, 2009 Dennis Sheridan, oard Member • Planning Board Regular Meeting 11/12/09 Page 3 of 3 Louis P. Stern, Chairman Town of Highland Beach Planning Board 3614 S. Ocean Blvd. Highland Beach, FL 33487 October 9, 2009 Rusty Roberts, Esq. Roberts & Reynolds 470 Columbia Drive, #C-101 West Palm Beach, FL 33409-1997 RE: Byrd Beach Estates Dear Mr. Roberts, Since you represented the Planning Board on the Byrd Beach Estate item, the Board is requesting a recommendation as to whether the Board should "re-open" the case. At the Regular Planning Board Meeting on October 7, 2009, Brandon Caldwell of 2335 South Ocean Blvd., homeowner of Byrd Beach Estates, presented a site plan that was approved by the Community Appearance Board on April 25, 1996, and approved by the Planning Board on April 10, 1996. Mr. Caldwell is requesting that the Board re-visit the approved recommendation based upon the new evidence provided. Enclosed please find a copy of the approved site plan, transmittal forms dated April 10, 2009, and Apri125, 1996, for your review and consideration. What are the legal ramifications of re-opening this item or alternatively, do we leave the situation as is since the board has already voted on this item at the June 23, 2009, Public Hearing? - Sincerely, f~, i / }'~ Luis P,~ hairman Enclosures cc: Planning Board Members • LAW OFFICES ROBERTS, REYNOLDS, BEDARD & TUZZIO, P.A. GEORGE P DERARD A. TUZZIO LAURA F. BEDARD DAN NA P. CLEMENT ANDREW 9. KANTER TER RENCE K. BONNER ANTHONY J JEFFREY W. NURCOMB L19A BDYD 9TE PH ANTE WEISBROD MICHAEL ABDAN 4!O COLUMBIA DRIVE 9uiT6 1 O1 C WEST PALM BEACMI FLORIDA 33409 TELEPN ONE (Sfil) fiBB-6560 FAC 9IM ILE (5fi 11 fiBB-2343 7501 WILES ROAD BUTTE ZO1 CORAL SPRING 8) FLORIDA 3 3 0 6 7 TELEPHONE 19541 656-6366 FAC SIMILE 1954)656-8389 PLEASE REPLY TO: WE8T PALM BEACH OFFICE EMAIL: a rsQaa KATHRYN L. REEV EB JENNIFER D. WHITTALL MICHELLE L. SMITH KAREN SMILEN PAUL DIANE BOB WORTH JE991CA S. GUILBE RT BRENDA L. MUTER-BR09TROM KATHY Y. MCKAY October 14, 2009 Louis P. Stern, Chairman Town of Highland Beach Planning Board 3614 S. Ocean Boulevard Highland Beach, Florida 33487 • Re: Byrd Beach Estates v. Town of Highland Beach RRBT File No. 107-199 Dear Chairman Stern: This will acknowledge receipt of yours of October 9, 2009 with attachments pertaining to a request for re-hearing. The decision to approve the site plan for construction of a residence at Byrd Beach Estates in June 2009 was a quasi judicial proceeding. Thus, once a decision was made, the only avenue for further review would be by filing of a limited appeal by petition for writ of certiorari to the Circuit Court of Palm Beach County. Such a petition would have to have been filed within thirty days of the decision being rendered. We are not aware of any provision in the Town of Highland Beach Code that allows for rehearings of quasi judicial proceedings by a Town Board. Thus, it is our recommendation that there be no further consideration be given to this matter since a final decision has been rendered. If you need anything further, please do not hesitate to contact me. Very truly yours, GEORGE P. ROBERTS, JR. For the Firm • GPR,JR/rkd cc: Dale Sugerman Town of Highland Beach • Planning Board Potential Zoning Changes Section 23-7 Permitted signs. (c) All zoning districts. (1)(C) Permanent signs: a. One permanent single faced or double faced sign not to exceed ten (10) square feet per face may be permitted. Such sign must be illuminated, but not with intermittent or colored lights or animation. No symbols or logos are permitted. The planning board reviews the sign and a permit is then required. The sign may be erected on a base not to exceed one (1) foot six (6) inches in height. The base may not exceed the dimensions of the sign by more than one (1) foot in anv direction. Sec. 23-8. Prohibited signs. All other signs not permitted in section 23-7 are prohibited except for signs which are placed on the arounds of Town Hall which is located in a Government Service District (GSD1. The placement of directional and informational signs on the arounds of Town Hall may be .approved a_t the discretion of the town manager. Thi~se prohibition of signs under this section includes any sign applied or attached to a building or any building part or located other than on the road front or the specified options on the Intracoastal Waterway. It also inGudes, but is not limited to, any . banner, billboard, outdoor display, plus projecting sandwich, sidewalk, snipe and swinging signs. (Ord. No. 645, 4-4-95) Sec. 30-46. Public notice. (2) Written notice of the public hearings shall be provided as follows: a. At least fifteen (15) days before the planning board or board of adjustment and appeals public hearing; and b. Prior to the first town commission public hearing, as required by F.S. § 166.041, as amended. (3) Written notice shall be provided to each property owner located within three hundred (300) feet of the affected property, excluding property owned by the applicant. Notification distances shall be measured on an arc from the comers of the propertv. If a condominium with an association or homeowner's association or propertv owner's association is to be included, written notice may be provided only to the association president and the condominium's resident or propertv manager which would include the condominium or homeowners, resident or property manager and who shall post the notice on the association's bulletin board or other places of public notification. (4) Written notice shall include a description of the development approval requested, the location of the property affected, the body to be conducting the public hearing, and the date, time, and location of the public hearing. • -Page 1 of 8- Updated By: Valerie Oakes Print Date: 11!16/2009 (5) Written notice shall be sent by certified mail with return receipt requested. The applicant for • development order approval shall be responsible for obtaining the property owner's list and for all expenses associated with the written notice. The property owner (or applicant) shall be responsible for providing the Town at least 45 calendar days before the scheduled hearing date with a list of all property owners that fall within the arc identified in item #3 above. The list shall be in electronic format, and must be obtained from a database provided by the Palm Beach County Property Appraisers' Office: the Town will administer the process of mailing. (8) Public notice for planning board and town commission public hearings to consider zoning code text amendments shall comply with the requirements of F.S. § 166.041, as amended. Section 30-64 Property Development Regulations Dimensional requirements for all zoning districts, including standards for lots, setbacks, building height, building width, building length, and maximum lot coverage are established in Table 30-2. (a) Compliance. All buildings and structures shall comply with the requirements of Table 30-2. TABLE 30-2. Property Development Regulations • • Multiple- Multiple- Multiple- ZONING Residential Residential Single- Family- Family- Family- Government Service Estate Low Medium High DISTRICT (RE) Family (RS) Density Density Density District (RML) (RMM) (RMH) (GSD) Maximum 1.45 4.35 6.0 12 16 Density units/acre units/acre units/acre units/acre units/acre N/A Minimum Lot Area TBD SFD 30,000 sq. ft. 10,000 sq. ft. 8,000 sq. ft. 8,000 sq. ft. 8,000 sq. ft. N/A per unit per unit per unit per unit per unit 2FD N/A N/A 6,00 nsq. ft. 6,00 nsq. ft. 6,000 sq. ft. N/A pe pe per unit MFD N/A N/A 7,26 nsq. ft. 3,63 nsq. ft. 2,722 sq. ft. N/A pe pe per unit Minimum Lot Width TBD SFD 80 feet 80 feet 80 feet 80 feet 80 feet N/A 2FD N/A N/A 80 feet 80 feet 80 feet N/A MFD N/A NJA 100 feet 100 feet 100 feet N/A Minimum Front Setback ~, TBD 1 Story 25 feet 25 feet 25 feet 25 feet 25 feet TBD -Page 2 of 8- Updated By: Valerie Oakes Print Date: l 1/16/2009 r: C 2 Story 25 feet 25 feet 25 feet 25 feet 25 feet TBD >2 Story 25 feet 25 feet 25 feet See Highrise See Highrise TBD Setback Setback A-1-A 25 feet 25 feet 40 feet 40 feet 40 feet TBD Minimum Side Setback u TBD 1 Story 12 feet 12 feet 12 feet 12 feet 12 feet TBD 2 Story 12 feet 12 feet 12 feet 20 feet 20 feet TBD >2 Story 12 feet 12 feet 12 feet See Highrise See Highrise TBD Setback Setback Minimum Rear Setback TBD >20 feet or >20 feet or >20 feet or Ocean 1 Story Ocean Ocean Ocean 20 feet 20 feet Setback Setback Setback Setback >20 feet or >20 feet or >20 feet or 2 Story Ocean Ocean Ocean 25 feet 25 feet TBD Setback Setback Setback >20 feet or >20 feet or >20 feet or >25 feet or >25 feet or >2 Story Ocean Ocean Ocean Highrise Highrise TBD Setback Setback Setback Setback Setback Ocean (1) (1) (1) (1) (1) (1) Setback ~, High-Rise N/A NIA N/A See § 30-65 See § 30-65 TBD Setback u Maximum Lot None ~} None 30°~b 40°k 40% None Coverage Maximum Building Height 35 feet (2) 35 feet (2) 35 feet (2) 40 feet (2) 50 feet (2) 35 feet (3) Maximum None None 100 feet See § 30-66 See § 30-66 None Building width Maximum None None None See § 30-66 See § 30-66 None Building Length NOTES. > means greater than. N/A means not applicable. TBD means to be determined by town commission. • -Page 3 of 8- Updated By: Valerie Oakes Print Date: 11/16/2009 • (1) Ocean setback to be determined by DEP pursuant to coastal construction control line requirements. (2) Maximum building height does not include permitted area for nonusable space permitted below finished floor elevation. (3) Water towers and related structures shall not exceed one hundred fifty (150) feet. (4) Ancillary Items Allowed Within the Setbacks: Fences, walls, vegetation, poles and other customary yard accessories, pools and pool decks, ornaments, landscape features, fountains or waterfalls, and furniture may be permitted in any setback subiect to height limitations and requirements limiting obstnaction of visibility. (b) Variance from requirements. Any variance from the requirements of Table 30-2 may occur only upon approval of the board of adjustment and appeals. (Ord. No. 684, Art. IV, § 4, 7-25-00) Section 30-68 Supplemental District Regulations (f) Swimming pools: (1) Required setbacks. Swimming pools, as measured from the edge of the pool, shall meet the setbacks established below. • a. Swimming pools must be set back at least twenty-five (25) feet from the front property line and ten {10) feet from rear or side lot lines. b. Swimming pool decks must be set back at least twenty (20) feet from the front property line and at least four (4) feet from rear or side lot lines. c. Screen enclosures must comply with the setbacks established herein for swimming pool decks. d. If the rear property line borders a public body of water, the pool deck or decks may extend to not less than five (5) feet from the right-of-way line or bulkhead line, whichever is further landward. e. Alternate setbacks and clearances for pool decks or decks are permitted. subiect to approval of the building official and the Planning Board. The building official is permitted to require an investigation and recommendation of a registered design professional to demonstrate that the intent of this section and the code has been satisfied. Such an investigation shall include consideration of material, height of slope, slope gradient, load intensity and erosion characteristic of the slope material. (2) Buffering. Swimming pools in front yards shall be concealed from the view of the #refr • public rights-of-way. -Page 4 of 8- Updated By: Valerie Oakes Print Date: 11/16/2009 • (3) Cabanas. Cabanas associated with swimming pools, or ocean bathing, shall comply with the following limitations: a. Single story; b. Not to exceeding one hundred fifty (150) square feet; c. Facilities for independent living, cooking, eating, or sleeping are prohibited; and d. Water, electricity, and facilities for sanitation are permitted. (4) Prohibited swimming pools. Swimming pools not installed in the ground as a permanent structure or installed above ground as part of a multifamily dwelling are prohibited. Pools with a capacity of two hundred (200) gallons or less are excluded. (g) Accessory marine facilities: (3) Lifting devices. For those lots in RS zoning districts with less than fifty (50) feet abutting the water, the town commission may grant a special exception for the installation of lifting devices or other means of a~eeriag securin boats (but not a boat dock) after being satisfied as to protection of neighboring property and non- infringement of standard navigational practices. (6) Installation. Marine facilities shall comply with the installation standards listed below: d. Marine facilities shall comply with the side yard setbacks listed below: 1. Single-family zoning districts: Twenty-five (25) feet; provided, however, the side yard setback fef shall be fifteen (15) feet for any single family lot with a lot width of fifty (50) feet or more but less than seventy (70) feet. For those lots with less than fifty (50) feet abutting the water, the Town Commission may grant a special exception for the installation of a seawall mounted davit type lifting device (but not a dock structure) after being satisfied as to the protection of neighboring property and no infringement of standard navigation practices. (h) Dolphins, freestanding pilings, boat lifts, and moorings: (2) Public notice. In addition to the requirements of section 38-45 30-46, written notice must be provided by certified mail, return receipt requested, to owners of property abutting the canal and located within one thousand (1,000) feet, as measured from both property lines along the canal bank, of the property in question. Written notice shall be provided by the applicant at the applicant's expense. (p) Reef eOverhangs: (1) Permitted Roof overhangs. Roof ovefiangs, not exceeding four (4) feet, shall be permitted to encroach into required yards. ~ , -Page 5 of 8- Updated By: Valerie Oakes Print Date: 11/16/2009 (2) Other Features. fa-,add+t+er~-Overhangs for bay windows, canopies, awnings, chimneys, and similar features may extend not project more than feer-(~? three (3) feet into required setbacks or yards. Bav windows and chimneys shall not exceed a Length along the wall parallel to the property line more than ten (10) percent of the cumulative length of one or more walls along the same property line on which the feature is located. (~-}~3} Canopies. Permanent and retractable canopies fabricated of metal, canvas, or other material consistent with applicable building codes, may be installed. All canopies must comply with required front, side, corner, and rear setbacks, and shall comply with the standards listed below. a. A canopy shall be attached only to a principal structure. b. A building permit is required for installation of a permanent or retractable canopy. i4) Balconies at the second floor level or above shall not project more than three (3} feet into the required setback or yard and shall not exceed a length along the wall parallel to the~roperty line more than twenty (20) percent of the cumulative length of one or more walls along the same property line. (u} Finish floor elevation, building height, and exceptions to building height: (4) Exceptions to building height. The following exceptions to building height limits for single-family and multi-family units containing up to four (4) dwelling unit dwellings shall be permitted. a. Exceptions. Exceptions to building heights shalt include such functional and nonfunctional architectural features as chimneys, cupolas, towers, dormers, parapet walls, domes, and spires. Mechanical features are considered exceptions to height limitations include heating, ventilating, and air conditioning equipment, and flagpoles and radio or television antennae, satellite receivers, digital transmitters, and telecommunication equipment. • -Page 6 of 8- Updated By: Valerie Oakes Print Date: 11/16/2009 • ARTICLE VI11. DEFINITIONS Sec. 30-131. Definitions of terms. For the purposes of this chapter, the definitions provided below shall apply. In the event of a conflict between the definitions provided in this section, and a definition provided in another section, then the definition provided in the other section shall prevail. In case of a conflict with the building, life/safety, or similar code, the more stringent definition will apply. Boat Lifts: The bottom of the keel of any boat shall not be hoisted greater than one (1) foot above the minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted. Dolphin Pilings: Dolphin piling shall be marine grade wood pilings with a minimum butt diameter of 12". Concrete pile is prohibited. A maximum of 25' or 30°~ of the canal width, which ever is less, shall be allowed,. measured from the property line. Setback shall be no further than the primary structures side yard setback. The minimum height shall be 6' above MHW and the maximum shall be 8' above MHW. All pilings shall have a reflective tape no more than 2" below the top of the piling and should be 4" in width of the complete circumference. • Set-Bash Setback; The setback is the hori_z_ontal distance between the front property line to the closest point of the front structure, the side property line to the closest point of the side structure, or the rear property line to the closest point of the rear structure, respectively. `Setback' shall be measured perpendicular to and parallel with the property or right-of--way lines. Diagram for the Definition Setbacks Building Site ~~ Setback (to the closest point) Side Property -~ Line Front Setback (to the closest point) Front Property Line 1 Building Structure Rear Setback (to the closest point) Setback (to the closest point) _ Rear Property Line -Page 7 of 8- Side Propert; Line Updated By: Valerie Oakes Print Date: 11/16/2009 Personal Watercraft Lift (PWL): • Can be either: 1) A mechanical/electrical device for lifting iet skis canoes kavaks or other small watercraft out of the water, or 2) A floating device that allows for the drv-docking of iet skis canoes, kavaks or other small watercraft with no electrical hook up • -Page 8 of 8- Updated By: Valerie Oakes Print Date: 11/16/2009