2023.02.09_PB_Minutes_RegularaTOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MEETING
MINUTES
Town Hall / Commission Chambers Date: February 09, 2023
3614 South Ocean Boulevard Time: 9:30 AM
Highland Beach, Florida 33487
1. CALL TO ORDER
Chairperson Goldenberg called the meeting to order at 9:30 A.M.
2. ROLL CALL
Member Brian DeMoss
Member David Powell
Member Jason Chudnofsky
Member Roger Brown
Member Harry Adwar
Vice Chairperson Mendelson
Chairperson Eric Goldenberg
Town Attorney Leonard Rubin
Administrative Support Specialist Ganelle Thompson
ADDITIONAL STAFF PRESENT
Town Planner Ingrid Allen
3. PLEDGE OF ALLEGIANCE
The Board Members led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: Adwar/Demoss- Moved to approve the agenda as presented, which
passed unanimously 7 to 0.
S. SWEARING IN OF THE PUBLIC
Ms. Thompson swore in those giving testimony.
6. PUBLIC COMMENT
There were no public comments.
Planning Board Regular Meeting Minutes
Date: February 09, 2023 Page 2 of 5
APPROVAL OF MINUTES
A. January 12, 2023
MOTION: Adwar/Mendelson -Moved to approve the January 12, 2023 Minutes,
which passed unanimously 7 to 0.
8. UNFINISHED BUSINESS
There was no unfinished business.
9. NEW BUSINESS
A. Development Application No. 22-0016 / Nancy F. Politzer
Application By Akbar Mondal Nunez, Boat Lifts & Docks Of South Florida, for a
special exception approval to install a 10,000 -pound capacity boat lift in slip no.
22 for a property located at 4018 South Ocean Boulevard.
Chairperson Goldenberg read the title of Item 9.A. and asked the Board members
if they had any ex parte communications to disclose.
David Powell stated that he has discussed this case with the applicant and that
he is a member of the HOA Board that approved the installation of the boat lift.
Chairperson Goldenberg opened the public hearing and called Town Planner
Allen to present her recommendations regarding the application.
Town Planner Allen presented a PowerPoint Presentation of the Development
Order depicting aerial photographs of the property with the existing dock, survey,
and dock details. She advised that the applicant received authorization from the
Florida Department of Environmental Protection (FDEP) and the US Army Corps
of Engineers (ACOE) for the proposed dock. Staff is recommending approval
to install a 10,000 -pound capacity boat lift in slip no. 22 for a property located at
4018 South Ocean Boulevard. The applicant will be required to obtain a building
permit from the Town of Highland Beach Building Department. Pursuant to
Section 30-21(g) of the Town Code, the commencement of construction shall be
initiated within two (2) years following the date of approval by the Planning Board.
The public hearing was closed followed by a motion.
MOTION: Adwar/Powell - Moved to approve (Development Order No. 22-
0016). Based upon roll call: Member Adwar (Yes), Member Powell
(Yes), Member DeMoss (Yes), Member Brown (Yes), Member
Chudnofsky (Yes), Vice Chairperson Mendelson (Yes), and
Chairperson Goldenberg (Yes). The motion passed on a 7 to 0 vote.
Planning Board Regular Meeting Minutes
Date: February 09, 2023 Page 3 of 5
B. Discussion on zoning district density review
Chairperson Goldenberg read the title of Item 9.B. into the record.
Town Planner Allen explained that at the October 18, 2022, Town Commission
meeting, the Commission considered an introduction to a zoning district density
review initiative. She noted that the attached October 18, 2022, Commission
memorandum provides an introductory review and analysis of this initiative. The
consensus from the Commission was to have the Planning Board consider what
approaches to take in processing and analyzing this initiative. She further
explained the density calculation.
She went on to explain the Code of Ordinance Pursuant to Section 30-105(a) of
the Town Code, and explained the inconsistencies such as: if a lawful structure
exists that could not be built in the zoning district within which it is located by
reason of changes or restrictions to minimum lot area, maximum lot coverage,
building height, required yards and setbacks, location on the lot or other
requirements concerning the structure, such structure may be continued so long
as it remains otherwise lawful, subject to the provisions listed below:
She advised the board to consider their options on how they want to discuss this
topic.
She mentioned Section 30-43(d)(4) e. of the Town Code states the following: A
change in the zoning classification of land shall not be considered which involves
less than forty thousand (40,000) square feet of land area and two hundred (200)
feet of street frontage. This limitation shall not apply to a request to extend the
boundary of an existing zoning district, or unless otherwise provided for herein.
She mentioned that the Town Commission wanted the Board to consider the
following as it pertained to the proposed zoning district density:
-The need for sufficient residential input.
-Retaining the current character of the Town.
-Ensuring that it does not lose the value of the property (i.e., if a property currently
has 3 units, the property owner should be able to rebuild those 3 units).
-Consider the Town not as a "whole" but as zones, districts, or neighborhoods
(i.e., the needs of Russell Drive may be different from those of Be] Air Drive).
-Consider there is currently no incentive to replace existing structures.
-Consider the "lot coverage" requirement for Single-family zoning districts.
The Board wanted more public input. They want to advertise and hold a public
hearing where members of the community can provide their opinions and they
Planning Board Regular Meeting Minutes
Date: February 09, 2023
Page 4 of 5
want to find a balance on how to present this to the public. They proposed
structuring the meetings in a way that pulls input from the public and holds
another.
Ms. Thompson swore in Mark Rothenberg.
Mr. Rothenberg provided comments about the zoning density restrictions and his
intent on rebuilding the current structure and retaining the same number of units
that is currently there.
The Board mentioned holding two of the meetings that would discuss the
proposed zoning district density, one in March and another in April, and possibly
holding a meeting in the evening for public participation. The Board also asked
for Town Planner Allen to look into available night-time meeting dates starting
from March 13, 2023.
MOTION: Mendelson/Demoss- Moved that the planning board shall conduct
two Planning Board meetings with a public hearing component to
discuss possible revisions to the code, including but not limited to
changes in the zoning district density and changing grandfathered
nonconforming uses. The planning board meetings will be held at the
regularly scheduled April 13, 2023 planning board and a special
planning board evening meeting to be determined in March 2023.
Staff will prepare a notice inviting the public as soon as the March
evening meeting is scheduled. The motion passed unanimously 7 to
0.
10. ANNOUNCEMENTS
Chairperson Goldenberg read the announcements into the record as follows:
February 14, 2023 1:00 P.M. Code Enforcement Board Regular
Meeting
February 20, 2023 Town Hall closed in observance of
Presidents Day
February 21, 2023 1:30 P.M. Town Commission Meeting
March 09, 2023 9:30 A.M. Planning Board Regular Meeting
Planning Board Regular Meeting Minutes
Date: February 09, 2023 Page 5 of 5
11. ADJOURNMENT
The meeting adjourned at 10:40 A.M.
MOTION: Adwar/ DeMoss - Moved to adjourn the meeting, which passed
unanimously 7 to 0.
APPROVED on March 09, 2023, Planning Boz
ATTEST: Viiif
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LarWda Gaskins,
Town Clerk
Transcribed by: Ganelle Thompson
03/09/2023
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are
transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video
recordings are permanent records and are available on the Town's Media Archives &
Minutes webpage: hftps://highlandbeach-fl.municodemeetings.com/.