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2023.11.09_PB_Agenda_RegularAGENDA PLANNING BOARD REGULAR MEETING Thursday, November 09, 2023 AT 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3618 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us Library Community Room 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA 5. SWEARING IN OF THE PUBLIC 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) 7. APPROVAL OF MINUTES A. October 12, 2023 8. UNFINISHED BUSINESS 9. NEW BUSINESS A. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 30-7 “OFFICIAL ZONING MAP” OF THE TOWN CODE OF ORDINANCES TO UPDATE INFORMATION PERTAINING TO THE DATE OF THE MOST RECENT AMENDMENT TO TOWN’S OFFICIAL ZONING MAP AS SET FORTH IN ORDINANCE NO. 2022-002; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Page 1 Agenda – Planning Board Regular Meeting Thursday, November 09, 2023, 9:30 AM Page 2 of 2 10. ANNOUNCEMENTS November 10, 2023 Town Hall Closed in Observance of Veterans Day November 12, 2023 1:00 P.M. Code Enforcement Board Regular Meeting November 21, 2023 1:30 P.M. Town Commission Meeting December 05, 2023 1:30 P.M. Town Commission Meeting December 14, 2023 9:30 A.M. Planning Board Regular Meeting 11. ADJOURNMENT Any person that decides to appeal any decision made by the Board of Adjustment & Appeals with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 2 File Attachments for Item: A. October 12, 2023 Page 3 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Library Community Room 3618 South Ocean Boulevard Highland Beach, Florida 33487 Date: October 12, 2023 Time: 9:30 AM 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:30 A.M. 2. ROLL CALL Board Member Jason Chudnofsky Board Member David Powell Board Member Roger Brown Board Member Harry Adwar Vice Chairperson Ilyne Mendelson Chairperson Eric Goldenberg Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart 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/Mendelson - Moved to approve the agenda as presented which passed 6 to 0. 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Jaclyn DeHart swore in those giving testimony. 6. PUBLIC COMMENT There were no public comments. Page 4 Planning Board Regular Meeting Minutes Date: October 12, 2023 Page 2 of 4 7. APPROVAL OF MINUTES A. September 21, 2023 Motion: Adwar/Powell - Moved to approve the minutes as presented which passed 6 to 0. 8. NEW BUSINESS A. Development Application No. 23-0008 / Nissan & Jamie Hamuy Application by David Nutter, B & M Marine Construction, Inc., for a special exception request to install a 73 linear foot seawall and seawall cap, and seven (7) bumper piles for the property located at 1017 Grand Court. Chairperson Goldenberg read the title of the item and asked the Board Members if they had any ex parte communications to disclose. The Members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented a Power Point Presentation on Development Order No. 23-0008. David Nutter, agent for the property, spoke about the Army Corps Report and height of the dock. Motion: Mendelson/Powell moved to approve Development Application No. 23-0008 as presented. Based upon a roll call; Vice Chairperson Mendelson (Yes), Member Powell (Yes), Member Adwar (Yes), Member Brown (Yes), Member Chudnofsky (Yes), and Chairperson Goldenberg. The motion passed 6 to 0. 9. UNFINISHED BUSINESS A. Ongoing discussion of proposed change (“amendment concept”) to the Accessory Marine Facility (AMF) regulations, specifically a maximum height for AMFs. Chairperson Goldenberg read the title of the item and referred the item to Town Planner Allen. Town Planner Allen briefly mentioned that at the last meeting the Board made recommendations on the proposed amendment concepts but unintentionally a recommendation on the proposed concept of a maximum height for AMF’s was not provided. Page 5 Planning Board Regular Meeting Minutes Date: October 12, 2023 Page 3 of 4 The Board discussed the maximum height for accessory marine facilities. Discussion ensued about boat lifts in regard to king tides, obstructing views, sea wall heights, base flood elevation (BFE) and the current code. Building Official, Jeffery Remus spoke about the heights of boats in regard to the sea wall height. David Nutter made comments about the proposed concepts. The proposed change for the AMF regulations is as follows: Maximum Height for AMF = BFE + 8 feet. Motion: Goldenberg/Brown – Moved to recommend the proposed change to the AMF regulations: Based upon a roll call; Member Brown (Yes), Member Adwar (Yes), Member Powell (No), Member Chudnofsky (Yes), Vice Chairperson Mendelson (No), and Chairperson Goldenberg (Yes). The motion passed 4 – 2. 10. ANNOUNCEMENTS Chairperson Goldenberg read the announcements as follows. October 17, 2023 1:30 PM Town Commission Meeting November 01, 2023 11:00 AM Natural Resources Preservation Advisory Board Meeting November 09, 2023 9:30 AM Planning Board Regular Meeting Page 6 Planning Board Regular Meeting Minutes Date: October 12, 2023 Page 4 of 4 11. ADJOURNMENT The meeting adjourned at 10: 35 A.M. APPROVED on November 14 12, 2023, Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Jaclyn DeHart 11/14/2023 ____________________________________ _____________________________ Jaclyn DeHart Date Deputy Town Clerk 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: https://highlandbeach-fl.municodemeetings.com/. Page 7 File Attachments for Item: A. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 30-7 “OFFICIAL ZONING MAP” OF THE TOWN CODE OF ORDINANCES TO UPDATE INFORMATION PERTAINING TO THE DATE OF THE MOST RECENT AMENDMENT TO TOWN’S OFFICIAL ZONING MAP AS SET FORTH IN ORDINANCE NO. 2022-002; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Page 8 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board Meeting MEETING DATE November 9, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 30-7 “OFFICIAL ZONING MAP” OF THE TOWN CODE OF ORDINANCES TO UPDATE INFORMATION PERTAINING TO THE DATE OF THE MOST RECENT AMENDMENT TO TOWN’S OFFICIAL ZONING MAP AS SET FORTH IN ORDINANCE NO. 2022 - 002; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. SUMMARY: In January 2021, the Palm Beach County Property Appraiser advised Town staff that the following three (3) parcels located within the Boca Cove development did not have a zoning district designation: According to the Town’s Zoning Map, all of the parcels located within the Boca Cove development (with the exception of the three (3) parcels noted above) are zoned Residential Multiple Family Low Density (RML). Upon review of Town Ordinance No. 594, which adopted the Zoning Map in 1990, these three (3) parcels were located within the RML Zoning District; however, in error, the Zoning Map (which was in a different mapping format than the Zoning Map adopted under Ordinance No. 594) did not provide any zoning district designation for these parcels. To correct this scrivener’s error, on January 18, 2022, the Town Commission approved the rezoning of these three parcels from no zoning district designation to the RML zoning district (Ordinance No. 2022-002). Note that one of the three (3) parcels (Parcel control number 24-43-47-04-01-000-1128) did not have a corresponding Future Land Use Designation and therefore to correct this additional scrivener’s error, on September 6, 2022 the Town Commission adopted Ordinance No. 2022-007. Such Ordinance amended the Future Land Use designation of this one (1) parcel from no future land use designation to Multi Parcel Control No. (PCN) PARCEL ADDRESS PROPERTY OWNER 24434704010001131 1123 Boca Cove Lane Bonnie H and Michael K Mazor 24434704000060250 NA Boca Cove HOA 24434704010001128 NA Boca Cove HOA Page 9 Family Low Density which is the corresponding future land use designation for all of the other parcels in the Boca Cove development. Staff has been working with the Town’s GIS consultant to revise the Official Zoning Map in accordance with the above-referenced adopted rezoning (Attachment No. 1). It is worth noting that the revised Official Zoning Map includes the latest version of the Town logo. Given Section 30-7 of the Town Code provides for the date and corresponding Ordinance Number of the most recent amendment to the Official Zoning Map, an amendment to this section of the Town Code is required in order to update this information as set forth in Ordinance No. 2022-002. The following amendment to the Town Code of Ordinances is proposed (additions are denoted by an underline, and deletions are denoted by a strikethrough): Sec. 30-7. Official zoning map. (a) Official zoning map. The official zoning map shall be adopted, and amended as necessary, by the town commission. The map shall be signed by the mayor, whose signature shall be attested by the town clerk. The map shall bear the official seal of the Town of Highland Beach. The official zoning map of the Town of Highland Beach, last adopted or amended by Ordinance No. 2022-002 594 on dated January 18, 2022 August 22, 1990, is hereby adopted by reference and without change, and is made a part of this chapter. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (BIE). Such BIE is not required for ordinances enacted to implement Part II of Chapter 163, F.S. which includes amendments to the Zoning Code (Chapter 30). Moreover, given the proposed Town Code amendment merely updates information pertaining to the date of the most recent amendment to the Official Zoning Map as set forth in Ordinance 2022-002, there is no direct economic impact on private, for- profit businesses in the Town. FISCAL IMPACT: None. ATTACHMENTS: New Town Official Zoning Map (Attachment No. 1). Proposed Ordinance. Previous Official Zoning Map. Town Ordinance 2022-002. RECOMMENDATION: At the discretion of the Town Commission. Page 10 ATTACHMENT NO. 1 Page 11 ORDINANCE NO. 2023- AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 30-7 “OFFICIAL ZONING MAP” OF THE TOWN CODE OF ORDINANCES TO UPDATE INFORMATION PERTAINING TO THE DATE OF THE MOST RECENT AMENDMENT TO TOWN’S OFFICIAL ZONING MAP AS SET FORTH IN ORDINANCE NO. 2022-002; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Official Zoning Map of the Town of Highland Beach was adopted in 1990 (Ordinance No. 594); and WHEREAS, in January 2021, the Palm Beach County Property Appraiser advised Town staff that three (3) parcels (Parcel control numbers 24-43-47-04-01-000-1131, 24-43-47-04-00-006- 0250, and 24-43-47-04-01-000-1128) located within the Boca Cove development had no zoning district designation; and WHEREAS, according to the Town Zoning Map, all of the parcels located within the Boca Cove development, with the exception of the three (3) parcels noted above, are zoned Residential Multiple Family Low Density (RML); and WHEREAS, upon review of the Town Zoning Map adopted by Ordinance No. 594, the three (3) parcels, noted above, were in fact located within the Residential Multiple Family Low Density (RML) zoning district; however, this zoning district designation was not reflected on the current Town Zoning Map; and WHEREAS, the Town Zoning Map was in a different mapping format than the Town Zoning Map adopted in 1990 (Ordinance No. 594) and the change in format may have contributed to the unintentional scrivener’s error; and WHEREAS, as a result of this unintentional scrivener’s error, the Town Commission approved the rezoning of the three (3) parcels referenced above on January 18, 2022 (Ordinance No. 2022-002) from no zoning designation to the RML zoning district; and WHEREAS, Section 30-7 of the Town of Ordinances provides for the adoption or amendment date and other relevant information regarding the Town’s Official Zoning Map that needs to be updated as set forth Ordinance No. 2022-002; and Page 12 WHEREAS, the Town Commission wishes to update the amendment date and other relevant information regarding the Town’s Official Zoning Map; and WHEREAS, the Town Commission of the Town of Highland Beach has determined that the amendment to the Code of Ordinances is in the best interest of the Town of Highland Beach; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA that: SECTION 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. SECTION 2. The Town of Highland Beach Code of Ordinances, is hereby amended by amending Chapter 30 "Zoning Code,” Article I “General Provisions,” Section 30-7 “Official zoning map” to read as follows (additional language underlined and deleted language stricken through): Sec. 30-7. Official zoning map. (a) Official zoning map. The official zoning map shall be adopted, and amended as necessary, by the town commission. The map shall be signed by the mayor, whose signature shall be attested by the town clerk. The map shall bear the official seal of the Town of Highland Beach. The official zoning map of the Town of Highland Beach, last adopted or amended by Ordinance No. 2022- 002 594 on dated January 18, 2022 August 22, 1990, is hereby adopted by reference and without change, and is made a part of this chapter. *** SECTION 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. Codification. Section 2 of the Ordinance shall be made a part of the Town Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “division,” or any other appropriate word. Page 13 SECTION 6. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading and shall only apply prospectively. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED on first reading at the Regular Commission meeting held on this _____ day of ___________, 2023. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on the _____ day of ___________, 2023. _________________________ Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY ______________________________ ______________________________ Lanelda Gaskins, MMC Glen Torcivia, Town Attorney Town Clerk Town of Highland Beach Page 14 37204018 3510 4800 4510 4800 3921 4801 3510 245528092809 2435244523552359236323652367237523952425247525254612254536214121411724444101410545211 411540234201411140195 401511 401146214005390740013921247439053100 390142053511381721125 233238137 371537192908 38093620 46118 372310 9 26331119 380138052635361510 0 6 1008 361243014229 3 23422425234824344 3620 4201 23524217245423584400 4104 4400 1 0 1 8 430043064713 23621014 4316 1096 4408 1 0 1 9 4312 4411 1112 1070 1015 4410 42214326 1012 2920 4750 4416 351935154320 35214206 1124 4203 3101 4308 2700 4403 4217 4326 4426 4400 4325 1108 4211 4307 4204 1011 4409 4226 1010 4321 4430 101 6 4210 4230 4216 4302 4220 4304 4308 2809 1088 25404205 1116 1118 4207 4323 4315 4307 42154225 4319 4221 356735691 0 0 5 1004 4202 357142294301 4313 4425 4420 4325 4220 4317101810201022 4212 4208 4320 1114 4216 4314 357325646 31144715109210031091 35751 0 2 0 1009 1084 1087 4200 1120 4112 41084118 4221 10024201 1083 10011017404440264611112140284720 3636 2809 362042144216431843204042 4012 4008 4030 4010 40144032 4040 40364038 26403638 26243654 472647244722 45151138 3622 1100 36243626 3628 3634 3652 3640 3642 3644 3646 2641 3648 1018 45192639 1101 1105 37012629 30041123 2627 3012 3008104310201022102110081057104110251030 1112 112611221026 11 1 6 1101 4517105310231028 112411 1 41045 1106 1100104210471010 11031000105110141012 101610021004 44201115 441845064504111310491006 1113, 1115 1109,1111 11171119450045021123341911373421102711181120 1024 11291127113511331131112510331031103910371035102911361134 1038 11061104 1036 1032 1132 1108 1130 1040 1110 1102 1128 1034 1005 1109 1107 1111 1123 1017 1023 10554006 23662575270127112727 290129092917292130093015311532013211 3407 3321340134253505 3301352537114211,42154307 4401 4511, 450545134605 1110 11091115 10241028 1105 1101 1019 1015 1023 1019 10101015 1000100410081010101210141016 100310051007100910111013 4404 4410 4408 4404 4324 4316 4310 4222 4218 4210 4206 4200 1104 1102 1103 1105 1107 4034 4016 40044002 3904 3912 3650 3632 3630 35943450 3212-A3400 3210390839083700 3740 3614 3616 3618 359836003602 3604360635963420 3310 33003224-B 32153221 2912291429162565 3200 2388GSD GSD GSDGSD GSD RE RMH RMH RML RML RML RML RML RMM RMM RMMRS RS RS RS RS 601 772 87FORSYTH STREETGRAND CT.402440224020S OCEAN BLVD S OCEAN ALYBELLIDODRHIGHLANDBEACHDRINTRACOASTAL DR TRANQUILITY DRBOCACOVELNGRANDCT S OCEAN BLVDRUSSELL DRS OCEAN BLVDBEL AIR DRN OCEAN BLVD S OCEAN BLVD LEGEND - HIGHLAND BEACH ZONING CODE GSD Government Services District RE Residential Single Family Estates Lots RMH Residential Multiple Family High Density RML Residential Multiple Family Low Density RMM Residential Multiple Family Medium Density RS Residential Single Family TOWN OF HIGHLAND BEACHOFFICIAL ZONING MAP A T L A N T I C O C E A N I N T R A C O A S T A L W A T E R W A Y B O C A R AT O N D E L R AY B E A C H TOWN COMMISSION -----------------------------------------------BERNARD FEATHERMAN, Mayor -----------------------------------------------WILLIAM WEITZ, PhD, Vice Mayor -----------------------------------------------LOUIS P. STERN, Comm. -----------------------------------------------CARL FELDMAN, Comm. -----------------------------------------------RHODA ZELNIKER, Comm. PLANNING BOARD ------------------------------------------------CAROL STERN, Chair ------------------------------------------------ILYNE MENDELSON, Vice Chair -------------------------------------------------RONALD CLARK -------------------------------------------------STEPHEN GOLDING -------------------------------------------------HARVEY MART -------------------------------------------------CHARLES SHANE -------------------------------------------------WILLIAM SVENSTRUP ATTESTATION -----------------------------------------------VALERIE OAKES, Town Clerk ADOPTED ----------------------------------------------- ORDINANCE NO--------------------------------------- THIS IS TO CERTIFY THAT THIS IS THE OFFICIAL ZONING MAP OF THE TOWN OF HIGHLAND BEACH AS ADOPTED BY ORDINANCE NO. 594, AND IS AN AMENDMENT OF THE OFFICIAL ZONING MAP REFFERED IN SECTION ONE OFORDINANCE NO. 503 OF THE TOWN OF HIGHLAND BEACH, FLORIDA. SCALEµ0 500 1,000 1,500 2,000 2,500 3,000Feet 1 inch = 500 feet Print Date: July 17, 2015 1001 /45233833-------~-- / I I I _J_ i----T-=-;;:_=-=-=r~~--l~L=-~~__g=~~ [ ----------- /'(~ ---- PREVIOUS ZONING MAP Page 15 Page 16 Page 17 Page 18 Page 19 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Oct 30, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: October 30, 2023. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7516734 SUN-SENTINEL Page 20 Order # - 7516734 SUN-SENTINEL Page 21 SUN-SENTINEL Page 22