2009.09.09_PB_Minutes_Regular~'~I~Nt~~~h~
Q .•'' ,,..•. O ~
~ p , ~ .............._.._. . ~ ~I
..~..
s• ~. e~
i3. ~ ;~
io. :_
~r '.
,~h. ft OAI~I:~~-
TOWN OF HIGHLAND BEACH
MINUTES OF THE
PLANNING BOARD
REGULAR MEETING
Wednesday, September 9, 2009 9:30 AM
Members Present: Chair Louis P. Stern, Vice Chair Joseph Yucht, Board Member Max
Angel, Board Member Beverly Knight, Board Member Paul Resnick, and Board Member
Dennis Sheridan. Member Absent: Board Member Patricia Pembroke (excused). 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:
• By general consensus, the agenda was approved as presented.
PUBLIC COMMENTS AND REQUESTS:
No public comments.
PRESENTATIONS:
Chair Stern and the members of the Planning Board welcomed Beverly Knight as the
newest board member, who was appointed by the Town Commission on Tuesday,
September 1, 2009.
APPROVAL OF MINUTES:
MOTION: Board Member Angel moved to approve the minutes from the June 23,
2009, Public Hearing Meeting. Vice Chair Yucht seconded the motion, which passed
unanimously.
MOTION: Board Member Resnick moved to approve the minutes from the July 8,
2009, Regular Meeting. Board Member Angel seconded the motion, which passed
unanimously.
•
Planning Board Regular Meeting
09/09/09
Page 1 of 4
MOTION: Vice Chair Yucht moved to approve the minutes from the August 12, 2009,
• Regular Meeting. Board Member Resnick seconded the motion, which passed
unanimously.
OLD BUSINESS:
• Updates to Section 30, Zoning Code of the Code of Ordinances of the Town of
Highland Beach
Note: The discussion below references to the document attached titled Town of Highland
Beach Planning Board Potential Zoning Changes.
Comment [DTCI J: By general consensus, the board agreed to include the additional
language suggested by the Town Manager.
Comment [DTC2J: Chair Stern and Town Mana eg r Su eg rman agree that the language
presented should stay as is.
Comment [DTC3J: Town Mana eg r Su e~ recommended that the definition not be
included with the code because definition(s) should remain in the definition section of the
code. Vice Chair Yucht - I agree. Board Member Knight - I agree. By general
consensus, the board agreed to not include the definition of "yard or setbacks" in the code
section.
• Comment [DTC4J: Town Mana eg r Su eg rman explained that in his findings this
definition conflicts with the current code section 30-68(f)(1) subs (b)(d)(e).
MOTION: Vice Chair Yucht moved to delete the suggested definition for setbacks by
the former ad hoc committee. Board Member Resnick seconded the motion, which
passed unanimously.
Comment [DTCSJ: Board Member Knight suggested adding "landscape features,
waterfalls, and water fountains" after the word "ornaments". Town Manager Sugerman
suggested moving the last sentence of the code to section 30-64, table 30-32 under
"Notes" and list as Ancillary Items Allowed within the Setbacks.
MOTION: Board Member Resnick moved to add landscape features, fountains, and
waterfalls to the definition. Board Member Sheridan seconded the motion, which passed
unanimously.
Comment [DTC6J: Vice Chair Yucht questioned how this definition would apply to a
property that is pie shaped. Town Mana eg r Su eg_rman - We have an obligation to tell the
applicant how we are going to measure the property. Town Attorney Sliney - We can
give a clear definition. We cannot legislate everything. If not, they can go before the
Board of Adjustments. Board Member Resnick suggested adding "measure to the closest
s
Planning Boazd Regulaz Meeting
09/09/09
Page 2 of 4
point of approach to the property line". Town Manager committed to working on the
• language.
Board Member Angel was dismissed from the meeting at 10:42 AM.
Board Member Knight made a suggestion to include additional language for Section 30-
68(u)(4)a [page 4].
MOTION: Board Member Sheridan moved to add "satellite receivers, digital
transmitters, and telecommunications equipment" after the word "television antennae".
Board Member Resnick seconded the motion, which passed unanimously.
Board Member Knight, being the newest member on the board, inquired about Byrd
Beach Estates because she noticed that the vacant lot was for sale. She questioned that if
the developer sold the property are they still required to make the changes to the
community. Board Member Sheridan -The developer is required to make those changes.
NEW BUSINESS:
• Joint Meeting w/ Beaches & Shores Advisory Board on Friday, September 11,
2009, at 2:00 PM.
Chair Stern announced that this meeting is to discuss the possibility of a minimal wake
• zone.
Board Member Sheridan questioned if the Police Department sign on town hall grounds
came before the planning board. Chair Stern -Will contact the Town Manager.
•
Planning Board Regular Meeting
09/09/09
Page 3 of 4
ADJOURNMENT:
MOTION: Vice Chair Yucht moved to adjourn the meeting at 11:08 a.m. Board
Member Sheridan seconded the motion, which passed unanimously.
APPROVED:
~~
LJ
u>is~, Stern,~Chair
/~6se . Yucht is Chair
Max Angel, Board e
Excused Absence
Patricia Pembroke, Board Member
eve y Knight, Board Member
Pau~esnick, Board Me~l~r /~
Dennis Sherid~aln. Board Member
TOWN SEAL
ATTESTED:
U l.J~.~ ,Q ,~ ~~-~~1/_y Date: Wednesday, October 7, 2009
Valerie E. Oakes
Deputy Town Clerk
•
Planning Boazd Regulaz Meeting
09/09/09
Page 4 of 4
• Town of Highland Beach
Planning Board
Potential Zoning Changes
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 corners of the propertv. If a condominium with an
association or homeowner's association or property 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 Host 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.
(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 for applicant) shall be
responsible for providing the Town ~ with a (1st of all propertv owners that fall within the arc _ _ _ - commenc[urci]: rnueoaaaea°~t
identified in item i#3 above. The list shall be in electronic format and must be obtained from a least as eale~daraays txrorc dx
• scheduled hearing date" and remove
database provided by the Palm Beach County propertv Appraisers' Office the Town will '•~hh°
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 30-68 Supplemental district regulations
(() 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.
-Page t of 7-
Updated By: Valerie Oakes
Revised: 8/31/2009
•
• 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 cool decks or decks are permitted, subject
to approval of the building official and the Planning Board. The building official is
permitted to require an investigation and recommendation of a reaistered 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 fry
public rights-of-way.
(3) Cabanas. Cabanas associated with swimming pools, or ocean bathing, shalt 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.
• Section 30-68 Supplemental district regulations.
(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 ff-eeFing securin boats fbut not a boat
dock! after being satisfied as to protection of neighboring pro,~erty 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 ter 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
tots 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
-Page 2 of 7-
Updated By: Valerie Oakes
Revised: 8/3!/2009
• type lifting device (but not a dock structure) after being satisfied as to the
protection of neighboring propertv and no infringement of standard navigation
practices.
2. Multifamily zoning districts: Five (5) feet, measured from the perimeter
property lines. In multifamily residential zoning districts, marine facilities shall
be exempt from side yard setback requirements for all interior lot lines.
Section 30-68 Supplemental district regulations.
(p) Reef aOverhangs:
(1) Permitted Root overhangs. Roof overhangs, not exceeding four (4) feet, shall be
permitted to encroach into required yards. ,
(2) Other Features. 1R-additiea--eOverhangs for bav windows canopies awnings
chimneys, and similar features may e*#er~ not oroiect more than fe~-r-{4) three (3) feet into
is located.
(-2}j~ 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.
i b. A building permit is required for installation of a permanent or retractable
canopy.
(4} 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 property line more than twenty (20) percent of the cumulative length of one or more
walls atong the same property line.
- Comment [OTC2]: i30 wants to work
on clanfying This language.
'Note: 1,) Will the board Include the definition of "yard or setbacks° in section 4 (above)? See
page 5 for the definition of setbacks commene [oTC3]: TMBO bo NOT
hetieve the dermition of "yard ar
sethacks'shauld be inducted in this
seclioa
-Page 3 of 7-
Updated By: Valerie Oakes
Revised: 8/3l/2009
•
• Section 30-68 Supplemental district regulations
(uj 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 shall 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.
Section 23-7 Permitted signs.
(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 any direction.
Sec. 23-8. Prohibited signs.
All other signs not permitted in section 23-7 are prohibited
the discretion of the town manager. Thine prohibition Qf 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 includes, but is not limited to, any banner,
billboard, outdoor display, plus projecting sandwich, sidewalk, snipe and swinging signs.
(Ord. No. 645, 4-4-95)
-Page 4 of 7-
Updated By: Valerie Oakes
Revised: 8/31/2009
•
DEFINITIONS TO BE_ INCLUDED IN THE CODE
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 shad the lift be higher than the
superstructure of the boat when lifted.
Dolphins: -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 Cana! width which ever is less shall be allowed
m_ easured 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
MNW.
- 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 comolete circumference.
Floating PWL:
Floating platform or docks for the storage or use of personal watercraft shall be
allowed immediately adjacent to the seawall or bulkhead. Boat lifts that regulre
submerging to enter shall be permitted.
Set Backs: et b ck s II be minim m of 10' or n furth r t n ri stru t re set
back. (Suggested language from the Ad Hoc Committee) _ _ _ _ _ _ _ _ - comment [brca]: Tn~freo - If Chia is
" general language is inserted itc°nflicts
with 3a68(fx 1) subs (bxdxe)
(Current Code Definition) "Yard or setbacks" means a required horizontal distance
between any structure and the related front, side, side corner or rear property lines,
maintained as open space unoccupied and unobstructed by any structure or portion
of a structure except a roof overhang. (Fences, walls, vegetation, poles and other
customary yard accessories, pools and pool decks, ornaments, and furniture may
be permitted in any and subject to height limitations and requirements limiting
obstruction of visibllity~_
1.) Is the board going to change the definition of "yard or setbacks" in its entirety?
2.} Does the building official have a recommendation for the definition?
Suggested language from staff: b cks• The horizontal distance between the front
property line to the front structure, the side property line to the side structure, or the
rear property Ilne to the rear structure, respectively. "Setbacks" shall be measured
perpendicular to and parallel with property or right-of-way lines.
[See attachment: Diagram for the Definition Setbacks] L _
(choose a definition)
-Page 5 of 7-
Updated By: Valerie Oakes
Revised: 8/31 /2009
- Comment [bTCS]: This is rrot a
definition, but radter a code provisiai. It
should be asub-section of 30-64,
timetable 30-2 under the "Notes" section.
Il could be listed as Mcillary Items
Allowed within r6e Setbacks.
Comment [DTC6]: TM prefers Nia
language.
•
• PWL (personal watercraft lift):
Can be either: 11 A mechanical/electrical device for lifting let skis, canoes, kaiaks or
other small watercraft out of the water, or 2) A floating device that allows for the dry
docking of let skis, canoes, kayaks or other small watercraft; however, no electrical
hook up shall be allowed.
From 2000 Code Chapter 30 Section 5.2(d)(1)
2000 Code: Uncovered noncommercial docks, piers, ramps, lifting and launching
devices are permitted as accessory uses to dwellings in all districts.
Current Code: 30-68(g)(1)
Accessory use. Accessory marine facilities, including docks, piers, launching facilities, and
lifting and mooring devices are permitted as an accessory use in all residential zoning
districts.
2000 Code: No such structure shall extend into any waterway more than five (5) feet,
nor shall any structure be located closer than fifteen (15) feet to adjoining
residential property; except in RS zoning districts, the side setback shall be twenty-
five (25) feet, except for those iota with a rear lot line (water line) between fifty (50)
and seventy (70) feet measured in a continuous straight line where the side setback
shall be fifteen (15) feet.
Current Code: 30-68 (g)(6)
a. In waterways not regulated by the U.S. Army Corps of Engineers, docks and mooring
structures shall not extend into any waterway more than five (5) feet.
b. In waterways regulated by the U.S. Army Corps of Engineers, docks and mooring
structures may extend to that distance allowed by said agency.
• c. Measurement of the width or length of a dock, as applicable, shall be made from the
property line.
d. Marine facilities shall comply with the side yard setbacks listed below.
1. Single-lamily zoning districts: Twenty-five (25) feet; provided, however, the side
yard setback for 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.
2. Multifamily zoning districts: Five (5) feet, measured from the perimeter property
lines. In multifamily residential zoning districts, marine facilities shall be exempt
from side yard setback requirements for all interior lot lines.
-Page 6 of 7-
Updated By: Valerie Oakes
Revised: 8/31/2009
•
2000 Code: Such facilities shall be used only by residents on the property or their
guests.
Current Code: 30-68(g)(1)(b)
Accessory marine facilities shall be used only by residents or their guests, and shall not be
rented or leased to nonresidents or any other person other than owners or residents of the
principal dwelling or dwellings. For the purpose of this section, the term guest shall mean a
person or persons residing in a dwelling unit for a limited period of time, not to exceed a
period of sixty (60) days within one calendar year, at the invitation of the owner or resident
of the dwelling.
2000 Code: No dolphins or freestanding moorings shall be permitted unless
specifically approved by the planning board after a public hearing has been duly
held. These will only be approved in canals eighty (80) feet or more in width, of
approved type, and only where they will not create a hazardous interference with
navigation, endanger life or property or deny the public reasonable visual access to
public waterways.
Current Code: 30-68(h)(i)(a)
{h) Dolphins, freestanding pilings, boat lifts, and moorings:
(1) installation. In order to be installed, dolphins, freestanding pilings, boat lifts,
and moorings shall comply with all standards listed below:
a. The installation is approved by the planning board at an advertised public
hearing.
b. The mooring facilities will be located in a canal or waterway at least eighty
(80) feet in width.
c. The mooring facilities will not create a hazardous interference with
navigation, endanger life or property, or deny the public reasonable visual
access to public waterways,
2000 Code: Prior to such a public hearing by the planning board, written notice must
be given by certified mail, by the petitioner, to owners of property abutting the canal
and located within one thousand (1,000) feet of the property in question.
Current Code: 30-68 (h)(2)
Public notice. In addition to the requirements of section 38-415 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.
Note: Additional change -Section 30-68(h)(2) refers to section 30-45, but should reference
to section 30-46.
-Page 7 of 7-
Updated By: Valerie Oakes
Revised: S/3 (/2009
•
v o ~
v
~~ ~
~ y ~
~ W
~
O cD
O ~
A
N
rt
~ O
~
~
~ tD
`
c
D
~
r ................. .. , ....... .... ........ .............. ....,..,
O
~ ~ fb
~~
~~ rn
~-
:
~ ,. v
1 ~
~~ .
m
~ ap~S
~ Z
z
~~
y
~'
~ O
~
~~ ~ ~ Z
~' ~
~C ~ 3
'ww
~
~ ~,
- V
m
~~ N ~ ~ ~ ~ y
~
~
~ ~ ~ ~' ._. ~
° ~ ~ ~
~~ ~ ~ ~
~~
~
~
~
~
Q ....
~~
~~
~~
~
~~
~
1 ~ ~
'~~ Q
Q ~
~ ~ $~de
1 •~
~ ~
~
..
C
~ ~
a, ~
r
o --'' ~
~ r
ao
~
N
~ cD ~,
~
r 'v cn
`= ~ ~, ~ ,moo
~
~~
c ~
c
m