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Here’s The Scoop…Master Plan Steering Committee…2/17/09…

FOLLOW THEIR LEAD?….

‘We are watching the construction progress of Ocean Park of Vero Beach located adjacent to Humiston Park on the island in Vero Beach, Florida.  Ocean Park will offer upscale commercial shops and restaurants on the ground floor and luxury oceanfront condominium living on the upper floors of this low rise structure. 

Since the 1980’s Vero Beach maintains strict 35 ft height limits on construction.  As a result, the low density development of the greater Vero Beach area well deserves the widespread acclaim for prudent zoning.

Ocean Park’s 12 residences under construction range from 2800 to 7300 sq ft of living space.  Schulke Bittle and Stoddard are the structural engineers and Palm Coast Construction is the general contractor.

Ocean Park Construction on November 20, 2008′

http://www.myverobeachflhomes.com/?m=200811

The second MPSC/P & Z joint meeting took place a few minutes after 7…with a few members still unaware of the 3rd Tues. of each month MPSC set day and time…

The roll was called by Chair Paul Novak …and the minutes were accepted with one minor correction…and then Paul handed the meeting over to L. Peanuts Wick chair of P & Z to discuss the reason for the get together part 2…the heights…the setback…and a formula…

All were based on the work done by MPSC member Bob Eckblad …and his research using low height communities such as Vero Beach-http://www.covb.org/…Atlantic Beach-http://www.ci.atlantic-beach.fl.us/..Flagler Beach-http://www.cityofflaglerbeach.com/… and also Fort Lauderdale-http://ci.ftlaud.fl.us/

The codes…can be found by going onto each site…or at municode.com….http://www.municode.com/resources/code_list.asp?stateID=9

Peanuts then went on to describe a formula based on ratios that would provide the town with setbacks commensurate to the height that would in his opinion produce proportions to keep the feel, the same style of what this town has at the current 33 foot height restrictions…allowing for an increase up to 44 feet if that is the decision of the the people after the referendum…

Based on RM-25…and what the was required before the Overlay Districts were approved…

Lot Width…any width was allowed…

Front Yard Setback…minimum allowed-25 feet/maximum allowed-35 feet

For every 1.32 ft. of height….approx. 1 & 1/3 ft…..the setback is 1 feet..more…

44 ft. building…requires a 30 ft. setback….

Rear Yard Setback….minimum-10 ft

side yard setback for every ft. over 33 ft high is .25 (1/4) ft. additional setback….

Side Yard Setback …minimum -10 ft.

side yard every 2 ft. over 33 ft.  in height…the setback is an additional 1 ft.

39 ft. building…requires an additional 3 ft. setback…

Corner Setback…10 ft for 22 ft height or less/12 ft. over 22 ft….stays the same….

No roof overhang…set back enough…no encroachment…

33 ft.-minimum 5 ft.-1 ft. .15 overhang or .75 for every 5 ft. in height…

Rear overhang…2 ft.minimum setback for 33 ft. height/over 33 ft.-.06 for each additional ft.

What was found in the other communities was a minimum requirement of 40% impervious /60% pervious area…

RM-25 length of the building …per the LBTS old code…200 linear ft. with no break…

On El Mar Drive …Costa Del Sol/Oriana/Minto all 200 linear ft….

Tropic Seas approx. 150 linear ft.

Paul Novak proposed that a model on paper would make it easier to see the 33 vs. 44 ft. perspective….

Bob Eckblad recommended the referendum be simplified to understand the height limits and also using the “footprints” in explaining that 2 communities used 40% of lot sq. footage…then it’s covered in your Charter…

After there was  some discussion on zoning …and the lack of rear setbacks along El Mar…backing up to the rear setback on A1A…and questions on the heights of the towns used for the comparison…all were 35 ft….but were zoned for less…mostly residential medium-high density with RM-8-13….

Bob Eckblad spoke of the difficulties of RM-25 “squeezing 25 units”…and maybe we should be RM-13….

Also brought up was the possibility of devaluing properties if 33 ft was imposed…but Peanuts felt we were presently back to the 33 ft. with the Overlay being tossed…….and went on to give his opinion that Bert J Harris was an “ugly rumor”…..

Next up was the discussion of grade…with the 3 different ways to decide it…Peanuts called Broward County…who has no definition…the CCCL…http://www.dep.state.fl.us/beaches/programs/ccclprog.htmwho says they do not want to supersede the local codes…and the 100 year flood plain…http://pubs.usgs.gov/fs/FS-229-96/…then more confusion…was thrown into the mix…to decide where the grade would start…from the dirt…on the property or the crest in the middle of the road…

George Hunsaker spoke of the dirt levels changing and the crest offering a constant base point…being a permanent thing…Peanuts countered that he had observed the crest of the road being built up in front of Minto with the recent sewer and repaving done…the heights bandied about anywhere from 5 inches to 2 ft….but it was also mentioned that the crest used for purposes of development would be prior to those types of improvements…

So where do you end up…after all is said and done seems right back where we are…the 1st livable floor measured from the crown of the road…or 18-19 inches up…Not done yet…eyes glazing over…How do you get to 33 ft. with the roof height…with the towns used for comparison…it’s 35 ft.  to the flat roof with the pitched angled higher…allowing for air conditioners…elevator shafts etc…parapets..http://architecture.about.com/library/blgloss-parapet.htm…

George Hunsaker informed the group about the increase in parapets for safety and the increase in heights required now for air conditioner rooftop installations…

Marc Furth asked for an engineer…and there was talk about asking the town for someone to come to a future meeting…possibly next month…the Town has a contract with Chen and Assoc…..http://www.chenandassociates.com/

Peanuts will put together an “etch a sketch”…..and one more time before this part of the discussion was over…George and Paul spoke again about the future of the “Hospitality” aspect of the future of LBTS with shortened building height restrictions along with shortened linear feet….with Paul firmly and sadly stating that he feels there will never be another hospitality  building constructed with this 33 ft. height restriction….you can’t make any money on it…even at 44 ft. it might not be viable…Cristie Furth countered the grim prognosis with the loss of 1000 hotel rooms due to the Overlay Districts….

Bob Eckblad did add one item that he found in the Atlantic Beach research….a provision for not restricting vested rights…

BC- a careful look at the 2007 Unified Land Development code…will show what this writer repeatedly over the last few years tried to point out to the 2 Commissions…vested rights are in it…ALLOWING the Town Manager/Town Attorney to decide to honor vested rights rather than going back to court …at their discretion…leaving that door wide open!…It repeatedly fell on deaf ears with the exception of my learned friend…who is no longer LBTS involved…

In this writer’s opinion it’s only a matter of time…and Manager to see it enacted…

#5….Below…

Sec. 30-12.  Vested rights determinations.

The Town recognizes that certain land development rights of property owners may be vested with respect to approved land uses, density or intensity of development and/or staging or phasing of development. Any person claiming vested rights to develop property shall make application for a vested rights determination.
(1)   The Town Manager or his or her designee shall review the application and any supporting documents and shall consult with other staff and the Attorney’s Office. Within 45 days after the receipt of a complete and sufficient application, the Town Manager or his or her designee shall either grant the application for vested rights or respond to the applicant in writing the reason or reasons for denial. The decision shall be mailed by U.S. Mail to the address indicated on the application, return receipt requested.
(2)   If the applicant disagrees with the determination of the Town Manager, he or she may appeal the decision of the staff by notifying the Town in writing that he or she is appealing the decision. The notification shall be received by the Town no later than 30 days after the Town “renders” his or her decision on the application. If the notification is not received within 30 days after rendition of the decision, the applicant is deemed to have waived his or her right to challenge the decision. For the purposes of this section, the term “renders” means the date the applicant initials or otherwise indicates receipt of the decision. However, in the event the decision is not accepted or is returned, the term “renders” means ten calendar days after the date the decision was mailed.
(3)   Upon receipt by the Town of a timely notice of appeal, the appeal shall be assigned to a hearing officer. The procedures for conducting hearings shall be approved by a Resolution of the Town Commission. The hearing shall be set for no later than 60 days from the date of the notice of appeal unless an extension of time is requested or agreed to by the applicant.
(4)   The Town Attorney shall represent the Town in the administrative hearing. The hearing officer shall determine whether vested rights have been created pursuant to the provisions set forth within this section, applicable statutes, or established case law and shall determine whether any time limitation is applicable to such vested rights.
(5)   Nothing in this section prohibits the Town staff from reconsidering and reversing a denial of a vested rights application at any time prior to the start of the hearing before the hearing officer.
(6)   The hearing officer shall within 45 days of the hearing issue a proposed order which shall include findings of fact and conclusions of law with respect to the claim of vested rights.
(7)   The Town Commissioners shall within thirty (30) days of receipt of the proposed order issue its determination which shall be in the form of a resolution.
(Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2007-14, § 2(Exh. A), 9-25-07)

Paul thanked the P & Z….

Sandra Booth gave a rundown on the plans for the Monday Feb. 23,2009 visit of the Art Institute of Fort Lauderdale students …arriving for lunch at Aruba Beach Cafe…a walk on El Mar…and a meeting at Jarvis Hall sometime between 2-3 pm….residents are welcome to come….The students will be getting packages of information to set them on the right path for this 5 week class project…their big project of the semester…The work of putting these together for the 26 students will be done today…2/20/09 with a meeting …all “hands” of MPSC will be on deck at Paul Novak’s Sea Ranch card room…..The Oriana escrow million slated for the south end of El Mar will be concentrated on beautification…of the the medians with lighting…with a future visit to be set up for extra lighting info courtesy of Marjory Ferrer of Delray Beach revitalization fame ....http://www.downtowndelraybeach.com/site.php?PageID=58 and their Town Engineer…generously offering time and talent to keep us from re-enacting their pitfalls!

Sandra also relayed a new contact made at the very productive FLOCities workshop she recently attended in Plantation…with a woman who will help to advise on the proper plant materials and what fills the requirements in any environmental codes…Tonight she brought a copy of a rendering made by the A.I. students of their school name…that will be increased to a 2×3 sign to put on the Pavilion construction site…a little late…but hope it makes the visiting students who make their weekly trek to watch its progress.. realize that they are appreciated…and assure them of their role in the project!…Last was discussion of the prize for this new project winner(s)…and the desire of the school for scholarships…It seems as if it will be 3 prizes…1st place-$500/2nd place-$300/3rd place-$200…a welcome reward to help them continue on their path….to achieve their chosen professions!

All MPSC members will have a busy week ahead….

Next joint meting …the 3rd Tuesday of the month..March 17,2009….7 pm!….

more to come….

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