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Public Hearing and Special Town Commission Meeting held on Monday, January 26, 2004 at 5:00 PM in the Town Hall Meeting Chambers  

The meeting was called to order by Mayor Aaskov and roll call was answered by the following:  

Commissioner Bingham            Commissioner Kaleel

Commissioner Pugh           Commissioner Schulte

Mayor Aaskov  

Town Attorney Spillias requested to switch the order of the agenda items.  

Comm Kaleel moved to switch items A and B on the agenda, seconded by Comm Schulte.  

Motion carried - yea 5.  

Atty Spillias stated that the members of the public that would be speaking should be sworn in.  

Public Sworn In  

            IV.       Public Hearing on proposed Comprehensive Plan Text and Map                                                           Amendments and Special Exception Request.

                        B.         Resolution No. 2004-04; Granting a Special Exception to allow the                                                           use of Town-Owned property located at the northwest intersection                                                              of S.R. A1A and Woolbright Road on the east side of Midlane                                                                     Road, in the Preservation/Conservation zoning district, as a                                                                             Park/Detention area with accessory building to be operated by the                                                                  Town, and providing for an effective date.  

Atty Spillias advised that the Planning and Zoning Commission heard the request for Special Exception on Nov. 10, 2003 and recommended denial as it was presented. Atty Spillias stated that some of the issues and concerns mentioned were a lack of information on specifics such as noise levels, building infrastructure, etc. He advised that the engineers redesigned the plan to convert from diesel to submerged electrical pumps, raise the area elevation, and preserve as much of the tropical hammock area as possible. Atty Spillias mentioned that the South Florida Water Management District has approved the modification to the permit to allow for the changes to the original plan. Atty Spillias stated that Town Manager Dailey and the Town Engineers met with several residents to address additional concerns and that will result in further recommendations to be made as part of the Special Exception if approved. He also advised that the Commission can place conditions on the use of the park/detention area as seen fit.

Town Engineer Shalloway, President of SFRN, Inc., gave a brief background of his credentials and a presentation of the project. Engineer Shalloway stated that during a storm event the water will go into the detention area and will overflow into an Inlet that will be placed at the NW corner. He added that underground drains were designed to be placed under the detention area everywhere except under the hammock. Engineer Shalloway stated that the land within the detention area would be at an elevation of 2.5’ NGVD which is equivalent to 2.5’ above mean sea level. He mentioned that the pumps have been changed from diesel to submerged electric and the generator housing has been moved 200’ south to the SE corner of the property. He stated that the area has been inspected by biologists and landscape architects who have determined which areas of the hammock could be saved. Engineer Shalloway mentioned that he feels the plan is adequate for stormwater disposal into the Intracoastal Waterway . He also advised that the detention area will serve approximately 70 acres of Town from significant storms and is expected to correct the flooding problems.  

Atty Spillias advised that a 29’ buffer area and 1’ stone under-drains are shown on the amended plan. He questioned Engineer Shalloway if a permit modification would be required to do away with the mulch path surrounding the property and instead using the tropical hammock as a readily accessible park area with access from A1A. Atty Spillias mentioned that a plaque could be located there with a pathway through the tropical hammock to address the park and educational purposes that the grants received are conditioned upon. Engineer Shalloway answered that a permit modification would not be required for those changes.  

Atty Spillias read the Special Exception requirements from section 63-54 of the code of ordinances and advised that the Commission and Planning and Zoning Board are required to apply the criteria.  

Comm Schulte questioned if the requested changes to the permit have been approved by South Florida Water Management. Engineer Shalloway advised that SFWM issued a general permit to construct a system and a modification to the permit was approved today for the changes requested. He stated that the permit has a 21 day appeal period and if it is not appealed during that period it becomes a valid permit.  

Atty Spillias requested clarification on what is anticipated to be removed and replaced from the buffer area. Engineer Shalloway stated that the exotics are expected to be removed and exactly what will be replaced has not been determined. He advised that the Commission will make the final decision  

Comm Kaleel questioned if the existing concrete sidewalk along A1A will be extended down Woolbright Road and Midlane Road . Engineer Shalloway stated that there is no plan to add any additional sidewalks.  

Atty Spillias requested that Engineer Shalloway describe the location and screening of the generator. Engineer Shalloway stated that the generator will be screened with vegetation with access from the road.

Public Comment  

Attorney John Randolph, representing several property owners, requested that the transcript from the Planning and Zoning meeting on November 10, 2003 be made part of the official record and also the transcripts or minutes of any other Town meeting regarding the Special Exception. Atty Randolph advised that at the time the request for Special Exception was made his clients were opposed because they felt the plan as presented would adversely affect the surrounding property. He also mentioned his clients were concerned with the criteria for a park area and the environmental habitat. Atty Randolph advised that since the modification to the plans he and his clients feel that the Town is attempting and have for the most part met the concerns of the property owners. Atty Randolph stated that one modification to the permit was to submerge electrical pumps in the detention area and requested that it be placed as a condition of approval to the Special Exception. He also requested that the 5’ mulch path be eliminated and instead a wilderness trail through the hammock be created. Atty Randolph requested that in the event the park/detention area became intrusive to the surrounding homeowners by visitors to the area that a condition of the Special Exception be for the Town to erect a chain link fence as necessary to protect the property of the homeowners. Atty Randolph also stated that the homeowners would like to hire a professional damage assessment firm to video the homes immediately prior to the construction of the project in order to have a record of any damage caused to the surrounding properties. Atty Randolph advised that his clients would like to have the opportunity to be involved in the landscaping design for the detention area. He also mentioned that the final concern of the homeowners was assurance with future Commissions that changes will not be made. Atty Randolph requested that if the Special Exception is approved that the requested conditions be incorporated into a declaration of covenants and restrictions or to impose a conservation easement on the entire property to make the owners feel protected.

Attorney Martin Perry, representing James Bonfiglio, stated that he concurred with the conditions mentioned by Atty Randolph. He stated that he had a meeting Town Attorney Spillias and Town Engineer Tropepe to discuss the concerns of the property owners for future years and future councils. Atty Perry mentioned that his client has concerns with the potential expanding of the detention area if the drainage needs are not sufficiently satisfied. He stated that the only way to ensure the protection of the property owners is to impose a restrictive covenant or conservation easement over the entire parcel. Atty Perry also mentioned that the Town can legally grant a conservation easement to another governmental agency or the area could be delegated to the Wildlife Federation with the Town reserving the obligation of maintenance. Atty Perry stated that even though the property owners are willing not to object to the current Special Exception request it is not a waiver of their right to object in the future should a conservation easement or restrictive covenant is not imposed. Atty Perry encouraged the Commission to consider placing some further limitations on the project for future Commissions in the interest of the surrounding property owners.  

Rosa Durando, of the Everglades Audobond Society, stated that the site is very interesting and mentioned she felt the native fern plants on the east side should be saved. She stated that she did not see many stakes at the area and felt more of the plants should be preserved in the hammock. Ms. Durando mentioned that Mrs. Dorothy Whitney and the Wildlife Federation did not require any vegetation to be protected at the time the land was donated to the Town but she felt a viable part of the hammock should be saved.  

Jerry Magruder, 9 Ridge Blvd. , stated that she has been a believer in getting the drainage project done in the right way. She mentioned that she has worked with attorneys, planners and engineers to keep the property from being sold or turned into a catch basin. Mrs. Magruder felt that she knew how to restore and keep the detention area natural and beautiful for people to enjoy and suggested that she head a committee to attempt to keep the area as natural and beautiful as possible.  

Mayor Aaskov commented that a lot of effort and work had been put into the plan and that the project was going to be great. Mayor Aaskov also gave credit to the Magruder’s, the Attorney’s, the Engineer’s, the Commission and Staff.

George Bierlin, 26 Hudson Ave. , stated that the detention area has an asphalt road, sidewalk and deck currently on it. He mentioned that the property already has encroachments located on it that are not permitted under Conservation zoning. Mr. Bierlin also urged the Commission to approve the Special Exception and felt it was the right thing to do.  

Donald Magruder, 9 Ridge Blvd. , asked that if the Special Exception is approved that a budget be assigned for the landscaping and he also offered to assist with developing a landscape plan that would stay within budget.  

Public Comment was closed at 5:50 PM  

Atty Spillias asked Engineer Shalloway to identify who inspected the hammock area. Town Manager Dailey advised that Mr. Millner of Urban Design Studio reviewed and marked the area.  

Atty Spillias stated that he had concerns with imposing a restrictive covenant because the Commission would be bargaining away police power. He felt that a conservation easement would be a better route if the Commission is inclined to place any type of restrictions on the project. Atty Spillias read F.S.S. 704.06 regarding the purpose of conservation easements. He advised that if the Commission decides to use a conservation easement it would have to be utilized to preserve the hammock area as an integrated compact area with a wilderness trail placed within. Atty Spillias stated that the Commission can also place a conservation easement over the entire property and any other use of any portion of the property would have to go through the process of seeking a release of the easement. He also advised that the easement must run to another entity such as a governmental agency or non profit organization and generally cannot run to the public.  

Atty Spillias stated that from what he heard and understood he was presenting the following potential conditions which the Commission could choose which to adopt.  

            1.         The pumps are to be submerged electric so there would be no pump house.

            2.         The perimeter mulch trail is to be removed.

            3.         The hammock area would be preserved as a passive park area including an                                                       identification plaque, benches and a wilderness trail throughout for public access and                            educational purposes.

            4.         A potential conservation easement.

            5.         Installation of a chain link fence if at some point it is determined that it was                                                         necessary to prevent public access from private property.

            6.         A pre-construction damage analysis.

            7.         To preserve all quality native vegetation to the extent possible in the landscaping                         plans.

Atty Spillias stated that if the Special Exception is approved the Town would still be requesting the Commission to consider three Comprehensive Plan Amendments including a land use amendment that will propose to change the land use designation from Conservation Preservation to Public Ownership. He mentioned that the intention is that if the Special Exception is approved and unchallenged after thirty days and becomes final the recommendation for land use amendments will be withdrawn.  

Comm Pugh questioned how difficult it would be to release a small portion of a conservation easement. Atty Spillias stated that it depends on who the easement holder is what the purpose is for the release.  

Comm Schulte stated he had a difficult time binding the Town in the future. He mentioned that there might be something in the future that cannot be defined today which may require an add-on use for the property. Comm Kaleel concurred with Comm Schulte regarding binding the Town in the future and felt there were enough safe guards in place. Comm Kaleel stated that he did not object to the remaining conditions of the residents except the installation of a chain link fence. He mentioned there were other options for a security barrier other than a chain link fence. Comm Kaleel also agreed with an advisory committee to make recommendations. 

Comm Schulte commented that the property owners should make their own pre-construction videos and also suggested that any security barrier installed should be at a shared expense between the Town and property owners.  

Comm Kaleel questioned if park hours could be imposed on visitors. Atty Spillias stated that it could be done as a special exception or policy matter.  

There was a discussion regarding pre-construction home videos of personal property and foundation in case of problems during construction. The consensus of the Commission was that it would be the homeowners responsibility to protect themselves by videotaping their homes and possibly turn them in by a time certain.

 The Commission also concurred that the advisory board could be accomplished at the staff level.  

Comm Kaleel moved to approve the Special Exception as presented with the following conditions:  

            a.         The pumps on the property to be utilized for the stormwater drainage purposes shall be                            submerged, electrical pumps.

            b.         The generator which forms a part of the pump system on the property may be                                           located above ground but shall be properly screened sufficient to minimize its visibility from                            offsite.

            c.         The quality Hammock area approximately located as shown on the document entitled “Ocean                            Ridge South Phase Modified Plan, SFWMD Permit #05-05792-P”, shall be reserved for                            passive park purposes and will include a wilderness trail through it for access by the public.

            d.         The five foot mulch pathway around a portion of the perimeter of the property shall be                            deleted and prohibited.

            e.         In the development of the landscape plan for the subject property, the town shall, to the                            extent possible, preserve existing quality native vegetation even beyond the designated                            preservation/park area. 

            f.          In the development of the buffer area, vegetation will be utilized in an effort to                                           preserve, to the extent possible, a similar level of buffering as presently exists.

            g.         If, at any time, the Department of Public Safety determines that by virtue of being next to a                            public park/detention area, increased physical trespassing is occurring on the adjacent private                            property, a security barrier as determined by the town will be installed.

            h.         Development and use of the property pursuant to this Special Exception must comply with all                            county, regional and state permits.

            i.          The development and use of the property shall be done in accordance with the                                          modified plan as submitted to the South Florida Water Management District.  

The motion was seconded by Comm Pugh.  

Motion carried - yea 5.  

Atty Spillias advised that the formal Resolution will be placed on the February 2, 2004 agenda and the 30 day appeal period will begin after February 2^nd.  

            A.        Resolution No 2004-01; Authorizing the transmittal of text amendments to the Town of                            Ocean Ridge Comprehensive Plan to revise the Land Use, Recreation and Open Space, and                            Capital Improvements Element, and to revise the Future Land Use Map for Town-Owned                            Property located at the Northwest intersection of S.R. A1A and Woolbright Road on the                            East Side of Midlane Road from Preservation/Conservation to Public Ownership, and                            Providing for an effective date.

Town Atty Spillias stated that the Planning and Zoning Commission recommended approval of the Land Use Amendments and Comprehensive Plan Amendments. He advised that the Town is requesting the Commission approve the Amendments and will be asked to follow through if the request for Special Exception is challenged.

Atty Erin Deady, Lewis Longman and Walker, advised that three elements of the Comprehensive Plan need to be updated to ensure consistency between implementing park/detention area and the 1989 Comprehensive Plan. She stated that the three Amendments are the Recreation and Open Space Element, the Capital Improvements Element and the Future Land Use Element. Atty Deady mentioned that after the Amendments are approved there are several agencies including the State of Florida and the Department of Community Affairs that will need to review the Comprehensive Plan Amendments. She advised that she would be submitting the Plan to the proper agencies within a few days and DCA would be giving feedback by late March in the form of an Objection, Recommendation and Comment (ORC) Report and that the Commission would be able to review the ORC Report by early April. Atty Deady mentioned that the Commission can use the report to make changes to the Comp Plan Amendments and the final copy would then be submitted to DCA.

Comm Kaleel stated that the map attached to the Comp Plan Amendments was incorrect and should be corrected. Engineer Shalloway and Atty Spillias advised that the map would be reviewed and corrected before it is submitted.  

Public Comment  

Ernie Varvarikos, 5582 N. Ocean Blvd # 32FK , clarified that the map change only included the corner of Woolbright and A1A.  

Comm Kaleel moved to approve Resolution 2004-01, seconded by Comm Schutle.  

Motion carried - yea 5.  

Adjournment  

Meeting adjourned at 6:40 PM