2009.03.21_PB_Minutes_Workshop•
TOWN OF HIGHLAND BEACH
MINUTES OF THE
PLANNING BOARD
WORKSHOP MEETING
Thursday, May 21, 2009 9:30 A.M.
Members Present: Chair Louis P. Stern, Board Member Max Angel, Board Member
Marie Marchesani, Board Member Dennis Sheridan and Board Member Joseph S. Yucht.
Members Absent: Vice Chair Ken Tapman (unexcused) and Board Member Patricia A.
Pembroke (unexcused). Also Attending: Town Manager Dale Sugerman, Town
Attorney Thomas Sliney, Building Official Geoffrey Vanore, Deputy Town Clerk Valerie
Oakes and members of the general public.
CALL TO ORDER:
Chair Stern called the Workshop Meeting to order at 9:30 AM. Roll call was taken by
Deputy Town Clerk Oakes. The Pledge of Allegiance followed.
OLD BUSINESS:
• A. Special Report: Update regarding the Florida Fish and Wildlife Commission
Workshop - No wake zones
Chairman Stern reported that he attended a workshop of The Florida Fish and Wildlife
Commission who discussed the purpose of the meeting, made a presentation on vessel
traffic and safety studies, and accepted public comments. There were approximately 75
residents of Highland Beach. Rosalind Svenstrup represented the Beaches and Shores
Advisory Board at the FWC meeting.
Chairman Stern. welcomed Rosalind Svenstrup, Board Member of the Beaches and
Shores Advisory Board. Chair Stern also welcomed the newest Planning Board Member
Paul Resnick who will be joining the board on June 1 on the retirement of Vice Chalr
Ken Tapman.
Chairman Stern continued to report that the Linton Boulevard Bridge and the Spanish
River Boulevard Bridge will have an idle wake zone 300 feet north and south of the
bridges. The FWC is interested in accidents and safety; they are not interested in
property damage. In the past three (3) years, the Town of Highland Beach has not had a
police report or incident on file; therefore, there is no evidence of danger. A marine
patrol would cost the Town $800k to maintain in which Mr. Stern thinks the residents are
not ready for that expense.
• Rosalind Svenstrun read aloud the report that she had made to the Florida Fish &
Wildlife Commission and the Beaches and Shores Advisory Board. She explained that
Planning Board Workshop Meeting
05/21/09
Page 1 of 3
. the Beaches and Shores Advisory Board are in favor of moving forward with the issues
of no wake zones.
Sea Gate Condominiums has suggested better education in supporting education
regarding boat accidents, purchasing a speed gun, videotape the boats and take photos of
the high wakes. The Condominium is leaning toward a height wake restriction instead of
a speed limit.
Chairman Stern finished his summary by saying that the FWC was specific in saying that
water safety not personal property is their main concern. As for the manatees, they are
protected, but the FWC does not consider Highland Beach a haven for manatees. All of
the comments made at the FWC workshop will be reviewed, and any changes to the
Intracoastal Waterway would require a public hearing. Three (3) police officers present
suggested using the radio, hitting #FWC on the cell phone, and/or dial 888-404-FWCC.
Mr. Stern is hoping that the mangroves and the manatees can get their attention.
Town Manager Dale Su eg rman in late 2005, early 2006 the FWC held a public hearing in
Highland Beach. Dr. Sugerman read aloud the statue from the report of the Florida Fish
and Wildlife Conservation Commission meeting and the Florida Administrative Code
Section 68D 23.105, Criteria for Approval of Regulatory Markers. The Palm Beach
County Sheriffs Marine Unit can ticket, so when you see someone not controlling their
wake, call and make a report.
Board Member Yucht This information is self-serving for the boat owners. The Town of
Highland Beach should be known as a community that protects its residents by passing an
ordinance/resolution, put up two signs on the waterway, pass regulations on AlA that
people are not allowed to use a cell phone or text. Make a statement to the boaters that
we want to protect our residents and their property.
B. Discussion of potential zoning changes to Section 30 of the Town of Highland
Beach Code of Ordinances for presentation to the Town Commission at a
future date. (This workshop meeting will be one of numerous meetings.)
- Report by Geoffrey Vanore, Building Official
Mr. Vanore reviewed the two items requested by the Planning Board. He then gave a
brief report based on his recommendations.
Supplemental District Regulations Section 30 - 68(f) Swimming pools
• The board agrees with the Building Official's recommendations.
Supplemental District Regulations Section 30-68 (p) Roof overhangs
• The definition for yard and setback is interchangeable in the code.
• The definition does not mean the neighbor's yard.
• The code still needs some additional language; the board should be able to finalize
• this portion at the next meeting.
Planning Board Workshop Meeting
05/21/09
Page 2 of 3
• - Report by Joseph Yucht, Planning Board Member
Board Member Yucht made his recommendations to the board for consideration.
Supplemental District Regulations Section 30-46 Public Notice
• Made changes to who the notice may be provided to (included property owner's
association).
Supplemental District Regulations Section 23-7 Permitted Signs
• -Keep as shown with the corrections shown on the draft.
NEW BUSINESS:
None.
NEXT MEETING:
The next scheduled meeting is on Wednesday, June 10, 2009 at 9:30 AM.
ADJOURNMENT:
Board Member Yucht moved to adjourn the meeting at 11:24 a.m. Board Member
Sheridan seconded the motion, which passed unanimously.
APPROVED:r
'~ ^~
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TOWN SEAL '-- Lo 's P. rn, Chair
Absent
Ken Tapman, Va~ce,Chair
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Max An 1, Boaa~lVle er
ATTESTED: ~~ .~'
Marie Marc esani, Board Member
~~~ Q ,t.~~ ~~ ~~~ Absent (<' ~ ,
Valerie E. Oakes Pa 'a P~ oke, Bo d Memb
Deputy Town Clerk '
Dennis Sheri ,Board Member
Date: Wednesday, August 12, 2009 ~~
~~ ~~. ,~~ -fi,- -~ Z.` _ ~-.
~, :-
~ S. ucht, Bo~ ember
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Planning Board Workshop Meeting
05/21/09
Page 3 of 3
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 property. If a
condominium with an association or homeowner's association is to be included, written
notice may be provided only to the association president and the condominium's resident
which would include the condominium or homeowners, resident or property manager and
who shall post the notice on the association's bulletin board.
*Note: Need to add language of the obligations of the association who is in receipt of the
notice.
• (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 propertyowner
(or applicant) shall be responsible for providing the Town 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 data base provided by the Palm Beach County
Propert~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.
*Note: Board Member Yucht mentioned that changes should be made to this
section -nothing decided.
•
-Page 1 of 5-
Updated By: Valerie Oakes Revised: 5/14/2009
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.
d. If the rear property line borders a public body of water, the pool deck
or decks may extend to ~~^* '°~~ +'~~^ r:.,° '~' F°°* ~ ^-r the right-of-way
line or bulkhead line, whichever is further landward.
*Note: Building Official will develop suggested language.
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 weer-i~g securing
boats (but not a boat dock) after being satisfied as to protection of
nei hboring_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 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.
*Note: Town Manager will provide a suggestion.
•
-Page 2 of 5-
Updated By: Valerie Oakes Revised: 5/14/2009
. Section 30-68 Supplemental district regulations.
(p) Roof overhangs:
(1) Permitted overhangs. Roof overhangs, not exceeding four (4) feet, shall be
permitted to encroach into required yards. In addition, overhangs for bay
windows, canopies, awnings, chimneys, and similar features may °~ not
rp oject more than €e~-(4} three 3 feet into required setbacks or yards. Bay
windows and chimneys shall not exceed ^w ^°^+~'°~~°r a length along the wall
parallel to the propert, line more than ten (10) percent of the cumulative length of
one or more walls along the same property line on which the balcony is located.
(2) Balconies at the second floor level or above shall not project more than three
(3) feet into the required setbacks 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 (1) or more walls along the same property line.
(3) Balconies may not extend into required side yard setbacks.
(~} ~ 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.
*Note: Building Official will research.
Section 30-68 Supplemental district regulations
(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 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 flag poles and radio or television
antennae.
*Note: Possibility this change would be limited to east side of AlA and should be
allowed anywhere?
•
-Page 3 of 5-
Updated By: Valerie Oakes Revised: 5/14/2009
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. '`~^ ~."Y,t,^'~~ ^° '^^^° ^r° ^~~'*°a
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.
*Construction trailer`? Vacant lot`? Should the limit be 1 foot`? Should logos be allowed?
*Note: (These are changes front Fortner Building Official Bob Dawson)
Clarifying Zoning Code with respect to lots with rear lot lines less than 50 ft:
Sect. 30-68
REMOVE:
.._.~ ~~~, ..,.,...~~..--.t, ~--., .. ~..._, .___ _~ .. -- -~---------~----- -----., a----- -- _r - -----
l-
•
30-68 (G) (6) (d) 1
ADD: 1. Single family 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. 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 nei~hborin~ property and no
infringement of standard navi atg ion practices.
-Page 4 of 5-
Updated By: Valerie Oakes Revised: 5/14/2009
k
• TOWN OF HIGHLAND BEACH PLANNING BOARD
-CODE REVISIONS-
Boat Lifts: The bottom of the keel of any boat shall not be hoisted greater the one (1)
foot above the minimum seawall elevation. In no case shall 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 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 d~v~e tape no more than 2"' below the
top of the piling.
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 require submerging to enter shall be prohibited. (Re-work it)
• Set Backs: Set backs shall be a minimum of 10' or no further than the primary
structures set back.
Definition: Boat Lift -shall be described as a mechanical device for lifting boats out
of the water. The lift has moving parts and is powered by electrical hook
up.
PWL (personnel watercraft lift) -can be described in two ways: 1) a
mechanical/electrical device for lifting jet skis, canoes, kayaks or other
small watercraft out of the water. 2) A floating device that allows for the
dry docking of jet skis, canoes, kayaks or other small watercraft.
However, has no need for electrical hook up.
n
U
-Page 5 of 5-
Updated By: Valerie Oakes Revised: 5/14/2009
Building Official Recommendations
By: Geoffrey M. Vanore, CBO
As of May 14, 2009
Presented to:
Town of Highland Beach Planning Board
(Potential Zoning Code Changes)
Sec. 30-68. Supplemental district regulations.
(f) Swimming pools:
(1) Required setbacks. Swimming pools, as measured from the edge of
the pool, shall meet he 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, subject to approval of the building official and the 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
view from public rights-of-way.
(3) Cabanas. Cabanas associated with swimming pools, or ocean
bathing, shall comply with the following limitations:
a. Single story;
b. Not exceeding one hundred fifty (150) square feet;
c. Facilities for independent living, cooking, eating, or sleeping are
prohibited; and
-1-
Prepared By: Valerie Oakes
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.
Sec. 30-68. Supplemental district regulations.
(p) #ee#eOverhangs:
(1) Permitted Roof overhangs. Roof overhangs, not exceeding four (4)
feet, shall be permitted to encroach into required yards. ~-a~di-t+e~
TRat~rcS~~yL.~Yte~ nn+ mnrn +hnn fn„r /r11 fnn+ in+n rnn~ ~irnrJ n+hnnL nr
~~~. R~~i`^~]eii"n~i-ln~eic ~n~J nhimnnvc droll nn+ nvnnnr~ nr non+iln~mw mnrn
th_~_n ton /1111 nnrnnn+ of +hn n,,m~ilo+ivn Ionic+h of nnn nr mnrn ~eiollc•
2) Other Features. Overhangs for bay windows. canopies
awnings, chimneys, and similar features may end not project more than
#eu~-(~} three (3) feet into required setbacks or yards. Bay windows and
chimneys shall not exceed a length along the wall parallel to
the propertv line more than ten (10) percent of the cumulative length of
one or more walls alona the same propertv line on which the feature is
located.
{-~}~ 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.
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 propertv line more than twenty (20)
percent of the cumulative length of one or more walls along the same
propertv line. Balconies may not extend into side yards or setbacks.
•
-2-
Prepared By: Valerie Oakes