##VIDEO ID:3iDPPppRptQ## e e e e e e and welcome today is Tuesday December 17th and it is now 1:30 I'd like to call the meeting to order for the town of Highland Beach Town Commission meeting can we have the roll call please sure commissioner Peters present commissioner David present vice mayor Stern present mayor Moore present Town manager labid present Town attorney Ruben and commissioner Da Commissioner Goldberg is absent today thank you if we could all rise for the pledge to the flag of the United States of America and to the for it stands nation under God indivisible with liy and justice for all do we have an invocation today appears hegan's not here so okay so skip that okay um any changes to the agenda for today I move we approve the agenda as presented seconding that all in favor say I I I motion carries there are no presentations I'd like to open the floor for public comments are there any public comments seeing no public comments moving on to ordinances um item a ordinance number of Highland Beach Florida amending chapter one General provisions of the town of the town code of ordinances by adopting a new section 1-13 electronic publication of notices providing for the repeal of all ordinances in Conflict providing for severability and codification and providing for an effective date and uh just so we all recall the first reading was at our last uh meeting December 3rd 2024 yeah so um we just it feels like we were just here right yeah um yeah this is the second reading of the ordinance you know as we went over last time this allows the town to um publish legal notices on the county maintain website in lie of publishing in the newspaper at a significant cost savings any discussion among the Commissioners wanted to open it up for public comments any public comments on this item okay um if there's no further discussion and have a motion I move we approve Highland Beach ordinance number 2024 d003 I second okay commissioner David yes commissioner Peters yes vice mayor Stern yes and mayor Moore yes motion carries next Item B proposed ordinance amending the town zoning code Chapter 30 relating to homebased businesses an ordinance of the Town Commission of the town of Highland Beach Florida amending section 30- 67 uses permitted special exception and prohibited uses and section 30- 131 definitions of terms of chap of chapter 30 zoning code of the town code of ordinances to rename the existing home occupation use to homebased businesses and modify the regulations to ensure consistency with state law providing for the repeal of all ordinances and conflict providing for severability and codification and providing for an effective date so yes uh so ingred will jump in but we uh had a first read you wanted a cross reference uh to signs that is an item G uh it did go to the planning board they uh approved the the modification um and then it's before for you today yes ingr go ahead what do you say shaking your head yeah um no uh this is actually will be the first read this is first I say first read well you said we had first reading like glad to provide just a little Clarity on that so right um this ordinance um will bring regulations uh regarding homebased businesses into compliance with State Statute um I provided some history for you on page 15 of your packets there was a house bill 403 it was uh effective July 1st 2021 that bill indicates that uh or prohibits local governments from licensing or otherwise regulating homebased businesses um this amendment to the comp uh to the code excuse me um is an initiative on your strategic priorities plan um we currently have regulations in our code regarding home occupation so as I mentioned when uh this was first brought to you on October 15th as a draft um I indicated where moving from this terminology of Home occupations to homebased businesses and obviously we're making some changes to the regulations as well currently the home occupations are permitted in all the residential zoning districts and if you look at the ordinance that will still be the same for homebased businesses they'll be permitted in all residential zoning districts um so uh the October 15th meeting again you were provided this as an introduction uh the ordinance was introduced to you uh the consensus from the commission was as Marshall indicated to add a cross reference to the town sign code which is chapter 23 and if you look on page 19 of your packets um we've gone ahead and added under letter G there's that last sentence that's the cross reference and it reads all signs shall comply with the regulations applicable to the Residential Properties set forth in chapter 23 uh of this code so that's that cross reference there um given that you we are changing the zoning code the code requires that the planning Board review it um they did recommend approval at their November 14th meeting uh that motion carried 70 um and the amendment it is consistent with the town's comprehensive plan and the zoning code which is criteria in the code when you're amending the code is it compliant with the town code is it complying with the remaining code of ordinances and it is so I'll be glad to answer any questions that you may have well I think that this covers what we were talking about was really more about you have to live in the home it's got to be primarily a residence it can't you can't buy a home in a residential area and use it strictly as a business right I mean there are some you know there's quite a few criteria there as far as who can work um in the home base numbers of people than it was previous but yeah again all yeah yeah but it has to be primarily a residence and it also limits where you can park M large Machinery in essence so that it can't be seen from the street or from the neighbors yes um right I think you're talking about uh are you talking specifically about letter D on page 19 let's see there's the reference under C to heavy equipment there that has to be screen okay and under G there's a that reference to as viewed from the street that's more about the the use of the residential dwelling yeah but I think this covers what we wanted it to cover so thank you yeah I was just worried about signage but you covered that for me so you answered that question I'm good and I think a lot of this had to do with just complying with it really right it was another preempt State preemption issue and so now we comply with the the state statute it's all there is to it really and I'd like to open this up for public comment you want to come uh Rick Greenwall Tranquility drive not really a comment it's just a a question um where is licensing through Highland Beach has nothing to do with with licensing these businesses or charging fees for these businesses this is all strictly through the the county or if appropriate the state how does how does all that how does all that work I understand there's some local codes that it has to follow but how does how does the town even know that there's a business there so we don't do that we have the option that we could consider at some point for a business tax receipt uh we do not do that here uh most of the municipalities surround throughout Palm Beach County do that would be one way to identify who's operating a home business and what type of business it is otherwise there's no separate lure for the business to operate at a well they they do get a County right I was gonna add right we have people coming into the town with the county application for business tax on that application there's a little section there for the municipal zoning sign off so in the past people have come in for that um I review it make sure they're in compliance they sign off on the regulations that we Cur only have for home occupations and then I sign off on it and they bring it to the county okay again not really a criticism not anything I'm just having read it I wasn't really clear how the process worked I know a very long time ago when we first moved to Highland Beach and my wife who had a interior design business wanted to run it out of a Highland Beach out of a home address it was actually not allowed at that time and had to make arrangements to do it out a boat and so on which had a process uh I have no objection to it being here and obviously it has to comply with State Statute but it wasn't clear in how it worked or whether we were going to be interested in the future of actually licensing these businesses as a town and having possibly some further degree of uh control or at least knowledge over what was going on I know even now if you go on like Google Maps or one of those things I mean a whole bunch of businesses light up in town had no idea what businesses in uh where business in town but they're licensed somewhere enough that uh Google Google Maps knows about them anyway Google anyway those were possibly not for today but certainly future considerations because I know there seems to be a little bit of looseness in the process perhaps thanks any other comments hearing no comments move forward I move we approve an ordinance of the town of Highland Beach Florida amending section 30- 67 uses permitted special exceptions and prohibited uses and section 30- 131 definitions of time terms on a first reading second all in favor say I I I motion carries unanimously next item C proposed ordinance Amendment to the accessory Marine facilities and seaw wall regulations an ordinance of the Town Commission of the town of Highland Beach Florida amending chapter six buildings and structures of the town code of ordinances by amending six section 6-128 approval required for bulkheads seaw walls retaining walls requir notifications of ab budding Property Owners to provide a maximum seaw wall app and docket with amending Chapter 30 zoning by amending section 30- 68 supplemental District regulations to provide a maximum height for Boat Lifts a maximum extension for accessory Marine facilities into canals and lakes a maximum Sewall cap and dock width and latter regulations and amending section 30-1 31 definition of terms to provide definitions that pertain to accessory Marine facilities providing for for the repeal of all ordinances in Conflict providing for severability and codification and providing for an effective date so we've uh discussed this topic quite a bit yep and uh it's been quick we started in uh November of 2020 so I think we've covered a a good discussion analysis debate multiple reviews by the planning board multiple reviews by the commission we've had boat tours uh for Commissioners and planning board board members um we've had neighborhood meetings so we've we've done a really good job I believe uh covering all of the basis engaging the public to the greatest extent possible um and coming up with the the best language so ingred you w to pick back off that an overview of the staff report on page 26 I again Freddy one listening and all the residents that are here I just thought I'd start off with just an overview of the public hearings in 24 again this is all docum documented starting on page 26 of your packets so just refresh the commission's memory of bit on April 2nd you had a discussion item to talk about the amendment Concepts right these were Amendment Concepts to the uh accessory meain facility and seaw wall regulations of the code the consensus from the commission was to proceed with Amendment Concepts number one through four and number six these are listed on page 26 on the table uh and then you chose to do a no action option regarding uh Concepts number five and seven concept number five five was about the 10- foot side setback and concept number seven was about a maximum seaw wall height so again you chose not to move forward with those those were no action items then on September 17th of 2024 you all discussed the draft ordinance uh you did make a motion um you know moving it forward to the planning board again they are required to take a look at uh the ordinance given it's an amendment to to the zoning code um you wanted them to look at well you wanted you move forward again um the concepts one through four and you asked at the board discuss and provide more detailed information regarding ladders to include timing placement and whether they should be mandatory or voluntary um in addition the commission had consensus to strike the new text that was included in that uh draft ordinance which uh focused on floating vessel platforms and floating Boat Lifts if you remember the Town manager and added some additional language that those types of floating platforms and lifs would have to comply with the single family Marine side setback that was taken out again uh based on the commission's consensus um and then um on November 14th of 2024 the planning board did recommend approval uh on the ordinance now with regards to the lads the commission um initially wanted you know two different types of texts right you wanted an encourage type of Regulation and then a required type of Regulation um on page 27 we provided uh the the I guess encourage which is ladders are permitted on Doc seawell finger piers and other moing facilities the planning board looked at your direction um and they did decide to go with this more of more of an encouragement and you'll see this exact language of page 36 of the packet which is the ordinance that is before you today and uh we did have some house housek keeping items I referenced those on page 28 we're using the word design where appropriate on pages 35 and 36 of the ordinance um I sure I'm sure you all can appreciate you don't want to list every staff person that may do think so and people's title sometimes may change so design we went ahead and added that where it's appropriate um and also attached to this packet um for this particular item is the business impact statement where which is required by Florida statute so um there's a a very lengthy history on page 28 which really goes back as Mr laid indicated back to 2020 uh 2022 so um I'll be glad to address any questions you may have anybody want to start with the discussion no but ingred you told us that we can um if they have somebody resident has a problem they can always go to the planning board and state their case to to try to change uh their exception or something like that well the way the code reads and the way the ordinance reads is that you still have to go before the planning board to get an approval for a seaw wall a bolt lift a dock it's all falls under this title of a special exception application right um so yeah you would still have to go before the planning board um and you may may see uh some more variances come up because now we have thresholds right where now we don't have how far you can extend out we don't have a maximum height for an excessing facility so uh we may see some more variances come forward again that would be a separate application the applicant would have to comply with the criteria in the code regarding variances have to show a hardship but yeah they could go before the that would be a board of adjustment and appeals thank you uh as I read this it also sounded like if it's an unusual lot where you don't have a straight duck where you come in at Angles because part of this also talks about you can't limit somebody's visual which then it would truly be a special exception to the special exception they could go and and have a hearing again right the the criteria is reasonable visual access right well but if you block it completely that's not reasonable again um and I've mentioned this to the commission on various public hearings we still have the provision in the code about the Marine expert right so as I've mentioned we we've used the Marine expert a few times we had and I and I know I pointed it out when we went on on the U Marine visits um we had a boat lift that was at the end of the canal and um so we part of the Marine expert I mean there were issues where that boat lift was placed because when they got a permit like 12 years ago it was approved at a certain location and then they revised the location but they did it as part of the building permit they moved it a little bit further Eastward or it's further closer to the end of the canal typically that would have to go back to the planning board if you're going to change the location but it's about 12 years ago uh the building department has signed off on it so given the that sort of nuance we brought in the Marine expert to determine whether it wasn't going to impact the navigability of the Waterway to consider the visual reasonable visual you know it's not impacting the neighbors um adjacent neighbors or the public so again the Marine expert made that determination and did we keep the 25 foot setb for homes on large Lots on the intra Coastal right so that is not changing remember that's a no action option so right currently right now if you're a single family zoning District which a lot of those in the part of the town are uh that stays as is so it is a 25 foot setback um Marine sight setback now remember if your lot size is between 50 and 70 then it's 15 but a lot of those lots in the North in Ino majority of them are like 100 feet with so but there are some that you know are a little bit smaller so yeah but that was what most of the people seem to want who lived in those areas we did get public comment yes um regarding keeping the status quo on the Marine s set back for single fames own districts and floating Ducks Dr Greenwald was kind enough to invite me to look from his backyard and it seems to me that you when people have certain setbacks they can put the floating duck beyond that so then there's in essence no setback right so this this ordinance does not deal with the floating vessel platforms or floating Boat Lifts right um and I'll be happy to read it from the code and again I've referenced this several times um section 30- 68 H as in Harry uh letter three uh sorry letter sorry H1 number six it says floating docs are permitted subject to conformance with all zoning code requirements herein and compliance with all applicable building codes now that's floating dots that's not floating vessel platforms or floating vot lifts that that's we have a special exception application you know through the state we have that application available on the town website where you can submit that application that you are indeed exempt you compliant with State statutes yeah that's a separate yeah because well to be a floating dock is one that goes up and down with the tide and there are certain Provisions in the state statute um as far as dimensions and all of that yeah but what I was more thinking was a floating vessel platform which there were some that had the docks that were the right sizes but then they put a floating vessel platform and it goes right to the edge of their property and and just because it's not a doct doesn't mean it's not going to interfere with their neighbors use of their property right again that really yeah and we will and we will come back and discuss that yeah because you still have to get the vessel on and off agreed um again it's another preemption issue that we're trying to navigate around but we will we're going to that's going to come back to you relatively soon okay that's good because I think that we need to specific address that but you're right I'd like to see this get ped and then we can come back and address that and I understand the commission is interested in in those setback issues as well and I think that was your consensus at the SE September 17th that it would be a separate issue that would come know back to the commissions okay thank you yeah just one thing on the lads the way it's presently going to be uh executed or put into effect if somebody wants to to redo with Docker and area is it going to be recommended to them that they put in ladders or say it's a preference what's the rules going to be it's not a recommendation so all the way the ordinance reads right now again the commission could change it as you see fit its ladders are permitted on docs seaw walls finger Piers or o other moing facilities it's permitted it's not required you can do it if you want it that's how the regulation reads right now in in noticing your references to other communities like Boger and so forth where it's uh not only recommended it's it should happen what about the ones that don't do it how do they handle it mean the other municipalities yeah I'm not sure um how how they handle it I mean uh right I did provide you a handout here um let's see on page 41 just to give you perspective again man alipin is is a similar regulation ladders are permitted on docks that's the regulation um Gulf Stream for docs and single family residential district ancillary structures such as swim ladders are permitted so each municipality it does handle it a bit different and which ones did you uh say uh it's required um so for batone for docks they have to provide at least one ladder extending from dock surface to two feet below mean low water for docks in excess of 50 feet in length two laders shall be provided so they they have an actual requirement and and delway Beach as well again that's on page 41 ofs it's just it's just Troublesome from my from a safety perspective I heard all the arguments about insurance and those kind of things but it doesn't become an issue until something happens and and basically that's what uh concerns me the most um I like the latter language the way that it is presented today um I thought the discussion at the planning meeting was really good um I think this is a little bit similar to the changes in the setbacks I don't think we have consensus um which was one reason we didn't move forward to changing this the setbacks um I don't think we have consensus on the ladders either there there are Arguments for and we've had several residents strongly opposed um to ladders to requiring ladders um I personally have water Frontage and I have two ladders um so there's nothing that says that you can't put ladders and I know there are plenty of properties um not required to put ladders but they have installed ladders um and there was a a a good discussion at the planning meeting and and I want to point out that it was unanimous the language that is presented here today and the planning board member Roger Brown who shared a very moving example in favor of ladders voted in favor of the language that we have here today um so I think this is a step forward it's it's we're mentioning ladders in our regulations and we are saying that they are permitted um concerns about overreach and potentially you know someone uh accessing the property that you didn't you know want to from the water you know those are all Al you know very valid reasons as well and a lot of residents feel very strongly about it so I think given the fact that we really don't have a consensus on requiring ladders the fact that the planning board unan unanimously um approved this language and they had really good discussion about it and I recommend people listen to that discussion um for all those reasons I'm in favor of the language that's presented today that's for single family homes no that's everything it's everyone townwide yes townwide it is townwide so um and and most people have ladders so without requiring them most people do have ladders so um you know and then those people who absolutely don't are just not not going to have it and there are at least two examples in our packet of towns that have gone the same direction that we are presenting today uh regarding floating docks I do think it's a really important issue I don't think we should hold up the ordinance that we have before us I think it's something that maybe we add to our strategic plan or something like that um because it you know I do it I think it is all important we all agree that it is an important thing and something that we need to tackle I don't think it's easy I don't think we the whole this whole thing I don't know if I remember because it was when I first started to get involved in the town this whole thing had to do with modernizing um the regulations for like lifts which is what it does and which is something that we all we all are agreeing on it's the all the side things that we thought were maybe good to do are the ones that we getting like hung up on so um I'm in favor of moving forward with the regulation that we have here in front of us but before we move on I want to open it up for public comment so um anybody want to make public comment yes well I'd like to applaud uh ingred for her patience with this whole product and also uh the process and all the discussions and everything that took place and my thanks to uh commissioner David for bringing up uh some of the concerns that I've expressed over time uh as been pointed out by the mayor I think passing what you've got is is reasonable I think as you've recognized it leaves several important issues unaddressed and that may well be appropriate for now but we still need an opinion I just can't do it I wrote to to Marshall again I me I've been trying to look in a unskilled way online looking for all the appropriate state regulations and I find things that to my unloyal eye appear in conflict with each other that I can't make complete sense out of in terms of what the local community's responsibilities can be I mean it would seem that since we can enforce other setbacks we should be able to enforce some sort of setbacks particularly as they may relate to safety um so there's some things that I would cons I would still like us to consider if it's appropriate and legal for us to be able to consider them and that includes the use of some of these floating uh docks floating platforms and floating other miscellaneous objects really uh that are in the water ways and so far there hasn't been a problem as as far as I can tell I mean maybe some unsightly issues but there hasn't been any real safety issues so far but with the rules as they are there will be there has to be because right now one's allow to put the end of their boat right up to the property line if two people have their boats on the property line sooner or later they're going to bump into each other because boats move um they're already in our little turning basem i ba Bas and I can think of two lifts where if someone exercised if their neighbor exercise their right to put something on the property line their neighbors lifts would become completely inoperable these are things that we may not want to address the town may want to just let the neighbors fight it out kind of but they probably should be addressed in uh in some of the rules and rs so once we get a legal opinion I think that that really needs to and it'll be a whole process again but it it really needs to be reconsidered from a a sightly issue a safety issue and to avoid uh problems amongst neighbors if nothing else in the uh in the future as we uh as we go forward and uh I mean for me that's about it I I'll conf confess one thing I know I'm running short on time here but I have some concerns just given previous performance I I'm very big on the The Advisory boards that we have and I applaud all our residents who put tremendous amounts of time and effort into attending meetings and doing what they feel is the right thing I got very concerned when the planning board really out of nowhere came up with the unanimous recommendation to get rid of setbacks and because of that even though it's come back and you know you guys didn't move forward with it it concerns me about whether we have people in decisionmaking processes who who while well-meaning and everything may or may not know enough about the particular subject that they're that they're dealing with and that can be for everyone it can be with me on the financial Advisory board but in this instance they're the people that are granting variances and everything else and uh I guess it's up to staff to to give him the appropriate advice and everything but and it wouldn't have been a concern of mine up until that zero lot recommendation came out of nowhere as f as I could tell as an official recommendation for you to put into legislation so it's just a concern it may be a one off Etc but uh it's a concern that I have anyway uh thanks for all your effort on this it's obviously everyone's put in a lot of work and I think that once this presumably passes that you need to give it a second round to look at some of these topics that we've discussed but really which have not been uh definitively addressed okay thank you go ahead hi Tim Rolo formerly 3400 South Ocean Boulevard family was there for 25 years and then recently moved over to boka but I have some friends who feel this is a pretty hot issue and I was just curious if you can elaborate on the lifts as far as what the height is if you approve this or anything else or do we need to look to the packets to see what that is thank you ingr could you do a brief summary on Okay so uh the maximum height for accessory Marine facilities um the commission agreed with the board's planning board's recommendation which would be a maximum height of B would be base flot elevation plus eight feet and um I mean would you like me to go through all of this no that's good I think that was really the question thank you very much any other comments any more discussion among the Commissioners if we're all in favor of moving forward I'd say let's make a motion I move that we approve an ordinance of the Town Commission of the town of Highland Beach Florida amending chapter 6 buildings and structures of the town code of ordinances by amending section 6-1 125 approval required for bulkhead sea walls retaining walls and required notification of buding Property Owners we have a second I second all in favor say I I motion carries unanimously thank you very much and um okay thank you very much okay moving on to item nine consent agenda uh there are three items in the the consent agenda does anyone require any discussion and if not we can have a motion I move we approve the consent agenda s all in favor say I I motion carries unanimously unfinished business um continued discussion of fiscal year 2024 2025 strategic priorities Plan update and the 5-year Capital Improvement plan yes thank you so I've uh captured our last uh project from our last meeting put it into the complete uh strategic priorities plan I've also folded it in uh the CIP The Five-Year rolling CIP for 24 through 29 along with the accomplishments from uh 23 24 so I've kind of expanded a little bit as we talk about kind of uh merging the two documents together uh so that has been uh complete so you could see what we've completed in our strategic priorities and what projects in particular we have um again we have four uh operational categories if you will uh organizational Excellence me turn this here just to um public infrastructure and resiliency Community safety and Community enrichment and sustainability and that's how uh the 26 uh from what I just heard maybe 27 uh strategic priorities are uh broken out so that gets assigned to departments departments collectively work on uh deploying those projects and achieving uh outcomes related um and then we have the CIP which again is the the rolling program um we've made the adjustments so that's there so uh with what I heard floating vessel platforms what I would recommend at the moment because it still seems a relatively Hot Topic Mr Rubin will be coming on January 21st with legal opinion one way to keep an attorney going is keep on doet right so uh uh he he agreed that he can meet meet that date so we'll keep going so what I'm thinking is uh sp8 which is Marine accessory structures ordinance Amendment as that concludes I will move floating vessel Platforms in its place at its same rank because of its importance and we'll continue that conversation and that strategic priority will slightly evolve into like a a 1A 1B kind of idea that way we don't have to rerank it and it seems to be uh still holding um some concern with the community that it would give it that that scoring and we should be able to to begin addressing it uh with Mr rubin's uh legal opinion to kind of Define that scope um but this is the program again this is I think year four so it's going along we've we've achieved a lot of items uh CIP uh is the new component uh I received some emails that the Fab wants to to chew on the CIP a little bit and take a closer look and give some uh constructive feedback to staff and the commission on the CIP and how how projects are handled so we're going to start doing that with them uh starting in January but uh the Str priorities there uh we continue to to achieve the goals um and the projects that are set out by this commission and we've had some really great success and we continue to do it but this is the scored grouping so um at this point you could prove it again it's a dynamic it'll come back to you with changes and updates but right now this is what you would say formally our current fiscally year structure of the Strategic priorities for staff we tend to work on all of them but just when time crunch comes and resources those uh kind of rise to the top and and maintain the focus any just additional discussion on prorities review it looks fine to me I agree with thing you said and replacing um special project 8 with the floating vessels and I agree that it is a top 10 uh priority and um and um excellent to have the Fab review it as well I think that is a definitely an appropriate um thing to do and I look forward to their input on that so do you need a motion for us to approve nope I've got my marching orders we have our Maring ERS team so uh we're good to go excellent okay new business um development order application number pz 24-4 Daniel Edwards um so we have an application by toly Papas Randall sta Architects requesting site plan approval for a new three-story 2unit 5,217 ft per unit Town Home Development with a pool and spa for the property located at 4306 South Ocean Boulevard and so I believe the planner oh okay okay okay sorry do any Commissioners have any exp parte Communications to disclose no no none no none of us do yes um so then at this time I now open the public hearing uh Town planner Allen please present the application all right I know the commission doesn't get too many site plan sorry right uh that's typically approved by the planning board but given this is a multif family uh there's a planning board recommendation and then final approvals with the commission uh so I thought I would just start off uh with Aerials is typically what I do with the planning board uh the Aerials do start on page 312 of your packet this is all in in your uh agenda packets uh so here you have the property right there at the corner of Belair and South Ocean Boulevard um here you have the front of the property looking Westward and here you have the rear of the property looking Eastward um the requests um as just indicated this is a again a site plan approval uh to construct a new three-story two unit Town Home Development with full and Spa each unit will have 5,217 square feet each unit has five bedrooms five baths and two car garage um currently there's a single structure at the site um there's currently three twostory town homes and obviously the applicant is proposing to demolish that um in the residental multif family zoning District uh obviously you can have a town home development and I've also provided on page 307 of your packets the definition of multif family dwelling which includes a residential building containing one or more units now I get into a little bit uh about the the density so um when you do the density calculation which is the lot size divided by an acre and then you multiply that by the maximum density that's permitted in the zon IND District that maximum density is six dwelling units per acre so when you do that calculation they can't do more than two units so they currently have three but based on the current code regulations they can do no more than two um I also talk a little bit about the side corner yard I provided the definition of side corner yard in our code um and lo and behold uh this particular property is one of the exceptions so when you look at the um legal description of the property they are block one Lot 19 of Bello so they don't have to comply with this side corner yard setback which is typically the front setback and for rml that rml zoning distri get 25 fet so they they're an exception to that so they basically did fall to the side setback for the rml zoning District which is 12 feet um now we'll go ahead to the slides uh regarding the plant this is again the 11 by 17 plans that are in your packets this is the cover sheet it's actually a a rendering of the front of the house or the the multif family dwellings I should say um here you have the survey of the current property um here you have the site plan I know it's a bit hard to read from here but you could see that both of the um units you know pretty much mimic each other right exactly the same um here you have the first floor um second Flor third here you have the roof plan and here you have the renderings again the front and the rear renderings and now we start with the elevations um this is and let me get my glasses well I have them on but I can't see them over there let me see which ones these are with me one second so we have we have the uh front elevation on the the top which is the East the side elevation on the bottom is the north um on the top here we have the west elevation the rear and on the bottom is the South elevation here you have um landscape plan this is Illustrated here you have the heartscape plan this is again the landscape plan without the colors these are some of the details with regards to the Landscaping plan what plants are going to propose uh planting so and and so forth this is the irrigation plan and the details with regards to the irrigation plan and this is a tree disposition plan which calls out which trees they're going to be keeping um and removing uh so uh the applicant is not proposing any changes to the the landscaping and the Florida Department of transportations right away if the commissioner calls uh we have an an agreement right with fdot it's a landscape maintenance agreement and typically when someone puts Landscaping in the RightWay fdot's RightWay I should say it triggers an amendment to that agreement you all have approved several amendments Through The Years uh but that is not triggered here the the applicant has made it clear they're not making changes to fds right away um however they are proposing a new driveway which is why they need a town RightWay permit from the commission that is the next item on the agenda and I'll talk a little bit more about that when we get to it um so as I already mentioned uh because it is multif family there is a final approval from the uh commission um if the request receives Town commission approval the applicant will be required to obtain a building permit prior to initiation of construction from the town of Highland Beach uh pursuant to section 30-21 G commencement of construction shall be initiated within two years following the date of approval by the town commission and staff has reviewed the proposed requests including plan state stamp received by the building department on October 24th 2024 it finds that the project is consistent with the town code of ordinances as it pertains to site development um on page 308 I have the recommendation from the planning board as I indicated they did recommend approval we have the applicants agent here today Mr charie papus to to address any questions um and I'll be glad to address any questions as well the only thing I would request is that they make sure that there's proper drainage on the sides of the driveway the new driveway because that's been a concern in the past right so in your packets you have a drainage plan I didn't put the slides because you just can't really see the detail but they are in your packet um the drainage was reviewed by the town's consultant we have a draining in drainage engineer with tap government uh they meet the storm water regulations that are in our zoning code so drainage again signed off from our dra okay and Greg a question on the sidewalk do they they have to leave the sidewalk in or can they just do the driveway out because I noticed some up in the North End they have their driveways out and when you walk on the sidewalk you go on their driveway so they do they have to leave the sidewalk in or can they yeah again they have a I have a permit from fdot so fdot is okay with that I mean you see that right you have the driveways you know so long as they don't manipulate the actual sidewalk we've had some residents try to manipulate the sidewalk and F like you know you can't touch it but yeah um again when we get into the the town rideway permit uh we'll you'll look at that permit details exactly what they're proposing in the site plan so yeah the design looks great much improvement thank you I'm good yeah I am overwhelming in support of this project it's it's really gorgeous and will be a huge improvement from what it is today it will be um really incredible um and I ALS I really like the way the density calculation worked out I mean in my opinion this is exactly what I would like you know you know going from three to two units um I think 5200 square feet that's phenomenal um and you know the design is just beautiful contemporary uh the direction the whole neighborhood is going um so I think this is excellent this is really excellent um so at this time the applicant may make a presentation if there's anything you want to say I know you already made a presentation to the board I don't know if you and you want to come it's fine uh good afternoon not so much of a presentation it was basically ingred that presented the project uh just got up to answer a few questions that some of the residents said oh okay name and Company oh sorry can you say your state your name and the where your what Your Randle soft Architects excellent nice to meet you thank you thank you and the Commissioners do you guys have any questions for the applicant no I saw the presentation is very good yes and um if there are any members of the public who would like to comment on this application please come to the podium State provide your name and address any public comments no any additional questions comments or anything okay so the public hearing is now closed um if there's a motion to approve can we do that I move that we approve development order application number pz d24 d4d Danel Edwards I'll second that we can have a roll call please commissioner David yes vice mayor Stern yes commissioner Peters yes and mayor Moore yes motion carries so I guess now we consider the uh consider the request for a town of Highland Beach Ride of way permit for the permit for the property located at 4306 southw Boulevard so now we discuss the driveway um I did put some uh references here on your staff rep your staff memorandum on page 351 we do have a provision in our code section 25-1 that is unlawful to construct improvements uh in the public rway without personating a town rway permit uh the commission some of you may recall back in 2021 you approved your resolution it's actually 202-4112 permits will be administrated to approv by staff so um I've gone ahead and referenced the permit number that they received for the uh from fdot for their driveway connection permit if you flip through that permit you'll see the site plan right with the one driveway going over the sidewalk these are the plans that exactly what just um and as already indicated the applicant is not because we change Landscaping um I'll be glad to address any questions Mr as well yes so the whole purpose we did that Wasa that you were aware that the Florida Department of Transportation is doing the project but now you can't miss it so you definitely are aware so um okay so if we could have a motion to approve I move that we approve the request for Highland Beach rideway permit for the property located at 4306 South Ocean Boulevard second commissioner David yes Vice May Stern yes commissioner Peters yes and mayor Moore yes motion carries moving on to it thank you very much for attending thank you resolution number 2024 d035 a resolution of the Town Commission of the town of Highland Beach supporting the procurement and oversight of consultants for the development of a County wide transportation plan supporting the formation of a technical advisory committee for the same and providing an effective date so there's a lot of uh letter soup in here that you you know you know I park is and the technical committee uh as been uh the countywide tradition is to come up with a new acronym for every great idea or group um but basically what is going on is uh in a big picture for everyone to understand is the county uh commission charged the county ad administrator and staff to begin to develop the RFP and process by which uh we're going to select a consultant to do the countywide transportation plan it's never really been done um and it's something that needs to be done based on you can see the whereas Clauses but basically growth Road congestion development and it's not it's not slowing down anytime soon here in Palm Beach County uh so the time came for the County Commissioners and I think most communities agreed to start planning out for the next 50 years what are we going to do how are we going to pay for it what makes the most sense and for the first time which I think is kind of monumental uh the county has reached out to the local communities through its city managers to come up with a process where we can help craft that RFP review which consultants and to put help craft the outcomes that we want to see because we there's 40 municipalities in the county uh so we generate about 75% of the revenues uh so they're finally recog izing that and putting us at the table with them to develop this and one of the ways in which we're going to go through and vet this is through the I park uh which uh traditionally has been with ingred where we do plans comp plan changes uh they're going to have a little bit more of a technical twist to it uh whereby we can participate in it again as a small community not a huge role for us in this as you would imagine for the bokeh the Del Reay Palm Springs Royal Palm West they're going to have bigger role bigger water uh Road systems and how do we integrate that Palm Beach Gardens uh which has been very proactive in planning uh and transportation planning so it's finally a chance for all of us to kind of come together they let us sit on a group to help uh develop the RFP so I I think we're building some bridges and no pun intend on that building bridges but working to develop the relationship between the local governments and the county on these bigger projects and initiatives so that's what this is this showing the County Administration we're on board with this concept to get us engaged to be part of um that conversation and our neighbors because we depend on that transportation system as well so um this is just kind of our way to say yep we're on board let's do this let's keep that momentum um and I'll provide updates as it moves through the RFP has been developed that was done in relatively uh closed room process just because they didn't want the RFP hitting the streets early and then certain Consultants have a running start uh so they did a very quick review in an an acquired environment after a manager meeting where a select group uh met and and work their way through that and again the group of city managers that did work on that um outside of our friend Brian were in bigger cities um with a lot of background in engineering and transportation plans so that expertise was deployed and we're developing what I believe would be a good RFP to get a consultant on and then working with the Consultants to ensure they're not just thinking about County thought process but countywide thought process and the municipalities what are our needs where do we see it going we each handle Transportation a little bit differently and the bigger picture which is one we really will jump in is how we gonna pay for this right um and a lot of conversations have been had on a countywide transportation tax the discretionary sales tax disappeared I believe and there's a lot of belief that what comes out of this RFP Transportation Planning will lead to what supplants that discretionary will be a transportation fund or tax fund where that same half a penny or possibly up to a full Penny will go to Just Transportation that's where I would think our concern would be is who gets the money how is it distributed and for what purpose and again a lot of the goals to date have been multimodal not just roads but pedestrian access uh public transportation uh bicycles um you know sidewalks how all of that is so uh the good thing about that is that we'll Ensure again while we're a small piece of it that some of those uh generated sales tax funds will come back to us to take care of our sidewalk our road our bridges and do so we can have a means to to do that in the same fashion um so that's down the road but I think that's what's driving some of this that we stay at the table otherwise it's just going to go to the county and our concerns the countyy is going to keep it for County only we want to make sure it's there's some equity in that distribution of funds to get to some of our other multimodal needs um here in the county any comments I think it's good for us to participate um I think this is a move in a good direction of opening communication lines just even for you know developing the relationship just generally going forward um I think that is really good news that the county has asked the municipalities to participate um we all feel the brunt of uh Transportation issues I I support this I don't know if there's any other comments no I think it's a wonderful idea that they invited us to the table and therefore we need to show up yeah you know yeah so you need a motion to approve the resolution yeah please okay I move that we approve resolution number 2024 d035 second it all in favor say I all I motion carries unanimously moving on to town commission comments commissioner Don Peters uh I just want to wish everybody happy holidays and uh we had a great 75th uh anniversary mingle jingle and uh was glad 1500 people and I don't know what Jason and Marshall is going to do next year getting bigger and bigger and bigger so uh they must have to plan right away for it uh and thank you I second that it was really a wonderful party and all the comments I heard were positive people loved it and I wish everyone happy merry Christmas and happy Hanukkah and healthy and happy New Year great event I wish everyone also a happy holiday and just a quick update on what I talk about each time and that's the electric vehicle station we put in for a permit I guess is approved we we're starting and then within the next two weeks installing the um installing the stations I'll keep everybody updated on what happens and the effect and the reactions Etc yes mingle jingle was a huge success um I keep getting positive feedback about what a great time that that was and it was really nice to meet firefighters and police officers and you know all the other booths that was a really good idea so yes thank you to everyone who is involved in putting that together that was excellent excellent thank you very much and town attorney uh no happy Holidays happy New Year um just backing on the vice mayor's comment and I meant to send these to youall the the state is coming out with rules that recently they preempted reg Municipal regulation I feel like there's a new preemption every meeting of electronic vehicle charging stations and I'll I'll send you those or I'll make sure to goes to staff so they can circulate it so you can see those right now they're still in the ru making phase but that's it thank you mayor Town manager uh yes uh quick call out to officer pity and officer Le who did uh some crime busting for us were able to apprehend a theft a a Thief who uh committed some crimes they did a great job without any information uh getting to the the final outcome of recovering uh said products and and putting uh the perpetrator behind bar so uh good job uh to those two officers which only gives reason and lead to that's why we're number three placed to retire on the East Coast in the United States um if I sent that forward to you uh earlier today so this is why that is uh number three is the focus on Public Safety um does allow us to do that uh mingle jingle uh thank you for the comments we're my Superstars Madison skender they did a lot of heavy lift along with Jamie father Horgan thank you I know he's not here I'd give him a big hug I mean this thanks to the church for allowing us onto their property I always joke with him into your backyard to throw a big party uh so again that went very well I hope the expectation is we're not doing 1500 to 2,000 person parties uh it was very stressful um but we're gonna you know debrief afterwards and kind of see what went well what didn't I I wish it was smaller so I could talk to people more I didn't get the sense to see a lot of the folks I wanted to because every time I pivoted 20 degrees somebody was there with questions comments and just general happiness though which was good I have I didn't hear uh knock on wood any real concerns or complaints maybe we do this a little bit better maybe this may that's fine but everybody was happy everybody had a good time Smiles um I mean we ran out of food but that's just because it was so popular and everybody was there so I mean that was it was great um again the staff did a a marvelous job I couldn't be more proud again the church uh great things other than that uh peace love and happiness and everyone's Christmas and Hanukkah happy New Year this is great I look forward to uh getting refreshed and recharged with everyone else to tackle the 2025 when we'll all officially convene for our next business item so um true blessings to all those out there and thank you very much excellent thank you so moving on to announcements we have a couple of board vacancies Board of adjustment and appeals we have a vacancy code enforcement board we have a vacancy up coming meetings and events uh January 1st town hall is closed for New Year's Day uh January 14th at 1M we have our next meeting of the special magistrate January 16th we have our next planning board regular meeting at 9:30 in the morning January 20th town hall is closed in observance of Martin Luther King Jr day and the next day January 21st we have a town commission meeting at 1:30 p.m. there are no board action reports and with that we can