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Update…..Master Plan Steering Committee….A.I. Students…Meeting #2…3/16/09…The MPSC Presentation…

March 10, 2009 by Barbara


The MPSC/P&Z Meeting on Monday March 16,2009…6:30 pm…Jarvis Hall……will reveal of the  A.I. students work for the El Mar Drive beautification project!…

Paul Novak-Chair of MPSC…”I have in my possession all of the designs created by these students.  At our meeting on Monday, March 16th, 2009 the MPSC will review them and select possible winners.”

Sandra Booth-Vice Chair MPSC…”Paul has all the boards to be presented to the committee on Monday night – Mr. M. says he will also attend.  We will pick the three at that time – I think we have some great ones.”

BC- This will be worth watching…in person…public welcome/online …. channel 78….

more to come…….

Post Division

Here’s The Scoop…Master Plan Steering Committee….First Look….

March 4, 2009 by Barbara


On Monday March 2,2009…a group of MPSC members went to visit the students in class at their school  in Fort Lauderdale to see what they came up with in the first week since meeting in LBTS the previous Monday…(previous post….board category)…….

MPSC Chair Paul Novak…..“We met with the students on Monday.  I feel that we got off to a good start.  Considering they only had a few days to work on their initial drawings it looked positive.  A few very good ones.  We will continue to meet with them again next Monday at 1PM.  I must say that “young minds” certainly have unique things to bring to the table.”

Vice-Chair Sandra Booth….”Approx. l6 students had drawings and gave their name, country and made a presentation – there were some good ideas  we gave them an overview again of what we expected and then we listened and gave them feedback that we needed larger COLOR drawings and would be back next Monday – some were in color and did a great job -they were enthusiastic and seem to be excited about the project. Interesting ideas – stretching station at each end – 4 foot bushes to shield dog who do their business, seating for runners/or anyone – all kind of materials etc.  mile markers, etc….”


The Master Plan Steering Committee will meet on Monday March 16, 2009 at 6:30 pm…

BC- The Commission should approve on the consent agenda 3/10/09 for an engineer to come and speak to the MPSC/P & Z…to have professional input to deal with the referendum on heights…hopefully at this meeting….

more to come……

Post Division

Here’s The Scoop…2006-2007….Words From The Past…..VS…..Actions Of The Present…

March 3, 2009 by Barbara


JULY 25,2006…

At this Regular Commission meeting Ordinance No. 2006-10 and 2006-11 were discussed and voted on for the upcoming November 7, 2006 election…the one with the CIC’s NO- NO -YES- YES

Remember?…LBTS Nov. 26 Ballot Questions…





At the meeting there was  discussion first on 2006-10…after no public came  forward to speak…to affix a fee to the license…it was to be $100…but ended up at $50 per Comm. McIntee…VM Yanni wanted it tabled indefinitely saying these licenses had come up in prior years…and failed in part due to then- Mayor Parker…and why were they going to put another expense of maybe 50 people who would fall under this category?…It died for lack of a second. The Mayor said people actually were now asking for it in order to qualify for group insurance through their Chambers. Comm. Silverstone was the person that brought this forth after speaking to Manager Baldwin. The cost of $50 passed 4-1 with Yanni dissenting…

The ordinance called for a 2nd amendment to secure a date…and it was arbitrarily decided to use Jan 30, 2006…approximately 60 days after the election if it passed….Yanni again tried unsuccessfully to stop it altogether,…and again it went nowhere…passing 4-1..Yanni dissenting…The the ordinance with the amendments passed 4-1 again Yanni dissenting…

Ordinance No. 2006-11 was read by title by then Attorney Cherof…and this writer watched the the DVD …The public did come forward…with Beverly Kennedy speaking about the Oct. date required each year by Broward County. She explained that the north end of town had their occupational licenses through Broward…Discussion came  concerning the agreed upon Jan. 30th LBTS date and the Broward Oct. date….Cherof explained that LBTS would also run on the same fiscal schedule…and that those with a Jan. occupational license would renew the following Oct. and then each Oct. after that. Those with a Broward License would get a LBTS occupational license WHEN their Broward occupational license expired the following Oct. (2008)…

Cheroff when asked replied you did NOT need both a Broward and a LBTS occupational license…and would check into it….

Last to speak was Stuart Dodd, resident…who spoke of agreeing with VM Yanni and saying he was against the LBTS occupational license for he had a Broward County occupational license and why should he have to pay for 2?….

BC-So dear readers…Comm. Dodd has had a occupational license since 2001 annually from Broward County!….

The minutes after …never show any update or any discussion that Attorney Cherof was incorrect in his instruction that a resident did not have to have both a County and a Town Occupational License!…

This ordinance passed 3-2..VM Yanni and Comm. McIntee dissenting…

Nov. 7 2006 election…it passed ….

Note: on April 10,2007 in some “housekeeping”…”Occupational Licenses” were now to be called ” Business Tax Receipts” to conform with state statues…no changes were made other than the title…a point repeatedly made by the Town Attorney Cherof…

OCTOBER 10,2006….


New Business-B.

Discussion and /or action regarding the possibility of establishing a Town Ethics Committee-Commissioner Jerry McIntee

‘Commissioner McIntee made a motion, seconded by Mayor Pro Tem Clark , directing the Town Manager to obtain information from similar towns who have their own ethics committees and report back to determine if a Town committee could be created.’

‘ Vice Mayor Yanni asked what type of authority this type of committee would have to discipline. He indicated that the Commission was governed by the State’s Ethics Commission. ‘


BC- fast forward to 2/25/09 …the continuation of the Regular Commission meeting 2/24/09…when now VM Mcintee informs Comm. Dodd there is not need for an ethics code because the state has an ethics commission to take care of any problems…HMMM…..

This item was tabled  a few times…with the McIntee bringing it forward again on March 13,2007 to acting  Asst. Town Manager Colon ….

Old Business –

a. ‘Acting Assistant Town Manager Colon stated information was included in the Commissioners back-up documentation and said that most cities have no policies in place. Usually any issues regarding ethics are forwarded to the Florida Commission on Ethics. The Commission would need to establish guidelines and policies and choose a committee and staff will work with them.’

‘Commissioner McIntee motioned to table this matter until the regularly scheduled Commission meeting July 10,2007. There were no objections to this table.’

July 24.2007…Old Business b. Discussion ans/or action possibility of establishing a Town Ethics Committee (Commissioner McIntee-tabled from 3/13/07)

‘ Commissioner McIntee wanted to establish a basic concept to follow and not necessarily an Ethics Committee to specifically address meetings with developers. He requested an opportunity for presentation of five ideas, along with Commission suggestions, for discussion at the October 23,2007 Regular commission meeting’

‘The Commission objected to a Town Ethics Committee but had no objection to adding to the Commissions internal rules.’

‘ Mayor Parker scheduled the item to appear under Old Business as “discussion and/or action regarding the possibility of establishing a Town Ethics code’ for October 23, 2007 Regular commission meeting.’

BC-It never came back……….

BC-Well …….Vice Mayor… 3 years later…Pompano Beach and Deerfield Beach are enacting ethic codes for their towns…time to follow suit with your 2006 agenda item and statement!…

JULY 10,2007…


New Business n….’Discussion regarding hiring part time lifeguards on our beach (Commissioner McIntee)’

‘ Commissioner McIntee said he was advised that the Ft. Lauderdale lifeguards were taken over completely by the  Ft. Lauderdale Fire Department and are increasing the size of their life guard patrol by placing meters at the north end of the beach to help pay for it. He added that Ft. Lauderdale would be willing to advise the costs involved if the Town of Lauderdale- By- The- Sea was interested in having part-time lifeguards.’

‘ Commissioner McIntee requested Manager Colon to follow up with Ft. Lauderdale. Vice Mayor Yanni questioned the effectiveness of one or two lifeguards sitting in a lifeguard booth. He felt a lifeguard patrol would be more effective. Mayor Parker suggested asking Ft. Lauderdale to suggest a better system.’…passes 5-0

BC- In 2009…VM McIntee lifeguards…”will never happen…too costly”…YADA…YADA…YADA…we hear ousted Beach Patrol VFD member Scot Fowler still waiting for that call from Chief Perkins has those Ft. Lauderdale ideas…and lifeguards that could be brought in at a reasonable cost per man hour!….

LBTS had a near drowning yet again last Saturday!….

NOVEMBER 28,2006…..


Walk Around Committee…

‘Ms. Cole referenced a sign program for the resort area and suggested that the creative part of the project to staff and the Master Plan Steering Committee to obtain input from citizens along with possible ideas from students at the Art Institute of Fort Lauderdale and architectural students from the University of Miami. She described the locations and expressed the Committee’s belief that these signs would benefit the business district.’

BC- The MPSC did take on the creative part…having many meetings..looking over past ideas including those from Marc Furth and bringing in Delray Beach Revitalization “guru” Ferrer who kindly brought along the sign person that did Delray Beach…with a presentation…

JULY 10,2007….

Discussion regarding resort area street signs installed in our Town (Commissioner McIntee)…

‘Commissioner McIntee presented pictures showing signage that the Department of Transportation approved. He wanted three signs placed immediately. Manager Colon clarified the cost was less than $1000 for the documents but she had located a memo dated November 2006 that said the design layout was forwarded to the Department of Transportation to proceed with the permitting process. Manager Colon said that was an inaccurate memo. She indicated that John Olinzock had since contacted the Department of Transportation who indicated they would help move this along as long as we used standard signs.’

‘Commissioner McIntee made a motion to approve item Q and direct the Town Manager do whatever is necessary to get the signs approved. Commissioner Silverstone seconded the motion.’

‘Vice Mayor Yanni said he supported the signs and their placement 100%. Mayor Parker said it looked as though the signs were in the middle of the sidewalk where people could walk into them and preferred their location on the side.’…passes 5-0

2/24/09…signs are again on the LBTS Commission agenda…Comm. Clottey…starting all over again!….

BC- Comm. Clottey give Marilyn Carr a call…she was very involved in creating the signs…both DOT and El Mar Drive  directive signs and locations for them……as she was a member of that MPSC….

BC- Final thought….Was the Town Manager and staff “bogged down”…Did it work come to a halt with all Commissioner McIntee was asking from them?…HMMMM..2/25/09 Comm. comments from VM McIntee to Comm. Dodd’s requests from the manager and staff…was “bogging” them down…work stopped…etc…etc…etc…HMMM & HMMMMM

more to come…….

Post Division

Here’s The Scoop…Town Of Lauderdale- By- The- Sea El Mar Project Design Competition…

February 24, 2009 by Barbara


The Master Plan Steering Committee met today Feb.23,2009 to have a meet and greet …pow-wow…to get the students on board with the future of El Mar Drive….

The group met at Aruba Beach Cafe’ for a luncheon at noon….followed by a walking tour of El Mar…then heading over to Jarvis Hall for their project pamphlet…some direction and some Q & A…for this major design independent class project that will be done in overdrive mode….this being week 7 of their 11 week program….

Not to worry …their Industrial Design Instructor Win Menish says they can accomplish it…even with the abbreviated time factor facing them…and after seeing this group of twenty students enter the Hall at 2:15 pm… this diverse class of students hailing from other countries…Columbia….Haiti….Dominican Republic…Honduras…Russia…Venezuela …Guatemala…Ecuador…along with those from Miami…Sarasota..Chicago…. Michigan…Washington D. C…..Pennsylvania…and Delaware…and a few more…this writer didn’t quite catch as they went around the room…they’re up to the task…

The imagination that can flow from these young minds….will make this a competition worth watching…..

Here’s what they found when they opened their booklets…

A list of the members of the Master Plan Steering Committee…. the Town Commission….and Town Administration…followed by some specifics…

I Project Description


The Town of Lauderdale By The Sea, Florida is sponsoring a Design Competition to identify the best concept for the Town’s El Mar Project.

The Town’s Master Plan Steering Committee (MPSC) will function as the Town Commission’s review and screening body. The MPSC will recommend five designs for the Town Commission’s consideration. The Town Commission will select its preferred design.


The Town of Lauderdale By The Sea is a seaside community located between the Intercoastal Waterway and Atlantic Ocean., and between the cities of Fort Lauderdale and Pompano Beach. The Town is primarily a residential community with 6,300 permanent residents and up to 11,000 seasonal residents. The heart of the Town’s business district extends along Commercial Boulevard with short extensions north and south along State road A1A and El Mar Drive. The Town has been officially recognized as the “Shore Diving Capital of the World” and is very interested in promoting the enjoyment of the beach and ocean to its residents and visitors. The Town recently completed the construction of the Portals to the Sea project, which provided beach access, seating , shade shelters and landscaping at five beach access locations along El Mar Drive.

The Town is now desirous to beautify El Mar Drive and make it pedestrian friendly. El Mar Drive is the “Flagship” and the “Heart” of this village. It is an area of high visibility and activity (Walkers, Joggers, Tourists and etc.) all doing their thing. It is our intention to make this boulevard more aesthetically pleasing, more functional and an area which will serve the residents and visitors of the Town for many years to come.

The El Mar Drive Project should contain the following components:

Shade & Shelter

Seating area(s)

Landscaping and irrigation

Gazebo’s & Resting areas

Pet Friendly

Turtle friendly lighting

Low-level lighting

Handicap considerations

Each median should have its own personality and should not conform to each other

The project will be from Pine Ave. to Palm Ave.

BC- this is the area that is designated in the development order for the use of the Oriana million…for beautification…

II Selection Process

From the submittal response to the Competition, a Selection Committee (MPSC) will objectively evaluate the submittals and recommend five (5) responses for consideration by the Town Commission. Each of the five (5) chosen individuals will have an opportunity to make an oral presentation to the Town Commission. The individuals will have equal time to present and time will be allowed for questions and answers after the presentation. The Town Commission will select the top three ranked designs for the implementation. A cash prize of $500.00 will be presented to the winner, $300.00 to second place and $200.00 to the third place winner.

III General Instructions

A. The Design Competition involves a preliminary submission, a final design submission, and if recommended by the MPSC, a presentation to the Town Commission. The schedule for the competition is provided.

B. One original and an electronic copy ( either jpeg,pdf format or other readable format) of the response must be included.

C. The format for the preliminary submittal should be drawings, sketches or concepts no larger than 11″ by 17″ in size.

D. The format for the final submission should be drawings, Elevations, renderings on sheets no larger than 24″ by 36″ in size.

E. All drawings, sketches and concepts must contain the name of the Individual submitting the project.

F. Submission of the Individual Drawings,Sketches and Concepts should be made to demonstrate the proposed design, highlight major features and demonstrate compatibility with the surrounding area.

G. The MPSC will schedule a meeting to receive Preliminary Submissions including a brief presentation on the merits and Features of the concept.

H. The MPSC will schedule a meeting to receive the Final Submission and hear a presentation on the Design Concept.

I. The MPSC will select the Five (5) Design Proposals which best Represent the goals and objectives of the Town. The Five (5) Selected Designs will be presented to the Town Commission for evaluation. The Town Commission will select the Design Winners.

J. The Winning Design will be recognized in some fashion (by plaque or etc.) somewhere in the project.

IV Terms And Conditions

A. The Town of Lauderdale By The Sea reserves the right to accept or reject any design proposal in the best interest of the Town.

B. The Town is not liable for any costs incurred by the submitter.

C. Submitted material becomes the property of the Town.

V. Competition Schedule…

BC- the schedule listed was “scratched” due to the time constraints left in the school’s semester…The MPSC will meet the student next Monday at their school to see their plans and a presentation in front of the Commission with the 5 top designs will be March 23,2009….

Footnote: The El Mar Project will take a considerable amount of time to complete. It will be divided into the following phases:

1. Landscaping

2. Lighting

3. Pedestrian Promenade (Sidewalks & Pathways)

4. Proper Drainage

The first two phases (Landscaping  & Lighting) are what we are trying to address in this present project. Some consideration should be given to the last two phases also to achieve the over-all desired result.

P.S. We wish you all “Good Luck” in your endeavor

A last page of 4 photographs were included …the length of El Mar Drive…the medians at each end of El Mar…(Palm Ave & Pine Ave.) and a median in front of Minto…all taken by MPSC member and Town Photographer Marc Furth.

At the meeting Vice Chair Sandra Booth reiterated what was in the project material above…adding a few antidotes about El Mar Drive…such as mornings on El Mar Drive are “almost like magic” with an influx of activity from 5:30-8:30 in the morning…bringing people of all ages walking, running…professional bike clubs…baby buggy runners…and even those who drive from Coral Springs just to walk this road….

Paul Novak, Chair spoke of the beautification…the need for plants that will survive the elements…of sand …salt and wind…and the prize money…

With no members of the MPSC…( MPSC members Marilyn Carr and Maryann Wardlaw were present along with Marc Furth in the audience).. having anything to add Cristie Furth took to the podium to relate her 38 year connection with El Mar Drive…meeting her husband…and owning a “mom & pop” hotel….going off topic to describe the heights in town now being only 33 feet…and telling the students that LBTS is  one of only three cities in the state with height restrictions…Not done yet…she said airline pilots and boat captains know LBTS being low rise between the high rises allowed to the north and the south of us……

She further went on to describe the charm of the town…the “old Florida style community” and the 8 foot pink  sidewalks…and further speaking about the “prickly medians” in front of Minto…and the evening use she envisioned for restaurant visitors strolling down El Mar…referring to the medians as “linear parks” ( a phrase used at the MPSC meetings) ..

Later Ms. Furth stood up again to inform them of the “tropical tourist” feel of the town,…wanting the students to be compatible with it in their designs……and then wanting the students to extend the project to include all of El Mar….not just the medians…

BC- The time spent by Ms. Furth reminded quite a few of the input of former Mayor Parker at the pavilion project competition meeting 2 years ago……which caused quite an uproar resulting in calls made to the school to disregard any direction given…HMMM………

The Chair and the Vice Chair stepped forward to explain the time frame…the designated funds and the phases for the project all included in the pamphlet and fully discussed beforehand at the MPSC meetings attended and covered by Ms. Furth in her Editor of the Mc-Furth BTSTimes capacity…

Questions were asked by the students concerning accessibility to power….a possibility of a ” fenced in doggy park”…if medians could be divided up….all answered in the affirmative to offer up….with Sandra Booth explaining they would be making “history”…

Instructor Win Menish came forward to discuss the criteria required to make for having  a common denominator….providing continuity…and enabling the committee to compare all the projects  on an even playing field…with uniformity in size and scale of the first presentation to take place on Mon. Mar. 2nd at the school…

After much discussion it was decided that 24″ x 36” boards would be used with a scale of 1/4 inch…using a median 25 feet wide by 100 feet in length…which can be made larger or smaller at a later point in time…After this was decided and agreed upon the students will then be free to “WOW” us with gazebos and whatever else they come up with….

The students were all wished well….and seemed excited and raring to go…as they congregated outside the hall…in no hurry to leave our town…

more to come……..

Post Division

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

February 19, 2009 by Barbara


‘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′

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-…Atlantic Beach- Beach-… and also Fort Lauderdale-

The codes…can be found by going onto each site…or at….

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… says they do not want to supersede the local codes…and the 100 year flood plain……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..…

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…..

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…


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 .... 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….

Post Division

Here’s The Scoop…Master Plan Steering Committee/Planning & Zoning…. Tonight…

February 17, 2009 by Barbara

MPSC/ P & Z…#2….will meet…TONIGHT…. at 7 pm Jarvis Hall 2/17/09…PUBLIC WELCOME…Ch. 78 Comcast /online….

(random rendering from Google…not an early submission)………..

Items discussed…El Mar Drive….(Students to come from A.I. of Ft. Lauderdale Mon. 2/23/09…lunch/walk El Mar/Jarvis approx. 2 pm…)

The onto…heights/setbacks/referendum….both groups interacting….

will post on the meeting …more to come…

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Here’s The Scoop…Sprucing Up The Corridors…

February 8, 2009 by Barbara

Sprucing Up The El Mar Drive Corridor….

The Master Plan Steering Committee will be welcoming students from The Art Institute of Fort Lauderdale…on Feb. 16,2009….

The students will follow in the footsteps of the students that participated in the Commercial Beach Pavilion now under construction….by using the south end of El Mar Drive and the million dollar escrow monies to come up with a streetscape for their current class project….

It will be a Design Competition among the students and the MPSC will base the winners on whose designs best benefit the beautification of El Mar Drive.  They will also try and offer a small scholarship fund to the winner or winners if money can be allotted from the Town.  They’ll  be looking for $500.00 to $1,000.00 for scholarship money.

It will be to enhance the street especially the medians…make them user friendly…and include a way to have lighting all year round for walkers…drivers while shielding the turtles!…

The million was designated for south of Commercial in the development order and the”deal made”…much to the chagrin of certain owners north of Commercial…leaving the question….where will monies come from to attend it at the present time…or will it be done in staging?….

BC- look to see if the Administration offers up the”boardwalk million or 2″ that the Town Manager had set aside for the “Oriana board walk to nowhere” Manager Colon  tried hard to get the Commission to go along with spending that outrageous sum on the “easement” of beach behind Oriana…fortunately it failed to get any traction on the dais…and that inconsequential patch of beach will revert back to the owners…but the $$$$$…may still be in one of her “funds”…

The students will put forth their project for their big class project over the next 5 weeks…and will start with this visit on Feb. 16th. The MPSC will treat the students to lunch at the Aruba.  After that they  will proceed to walk the medians on El Mar Drive to give them a feel for the project.  At approximately 2:30 they will meet at Jarvis Hall to give them the parameters on their assignment.  This will be their only school project for this semester so they will be concentrating on our project only. A “book” being put together for them by the Chair and Vice Chair of MPSC……

Look for updates on how it went at the MPSC meeting the 3rd Tuesday of this month…2/17/09…7pm…Jarvis Hall televised on Comcast …channel 78…and on this site…

Meanwhile…Oakland Park is using FAU for Oakland Park Blvd….as we did in 2005 for one of our many attempts at looking towards revitalizing LBTS…(previously posted)…

Sentinel 2/8/09……….

‘The first of three public workshops was recently held at Oakland Park City Hall to gather consensus for possible future redevelopment efforts along the Oakland Park Boulevard corridor.

Florida Atlantic University architecture students in the final year of a five-year bachelor’s program are transferring the ideas to area plans and redevelopment scenarios which the public will be able to score when they are exhibited at two Tuesday meetings at Oakland Park City Hall from 7 to 10 p.m. Feb. 24 and April 21.

“It’s real-life examples of what planning is, of what architecture and design is, and provides real-world feedback,” Cromar said.

Students and residents formed groups to inventory the corridor in six segments. They toured their areas on foot and assigned scores to the quality of each area’s transportation, urban design, landscape, architecture and environmental graphics. After returning to City Hall, each group created a redesign statement and graphics.’,0,1082181.story

more to come……..

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Here’s The Scoop…Master Plan Steering Committee…Running From The Bull****……

January 27, 2009 by Barbara


David Nixon is in town…back from beyond the town limits…to take in the fresh air…sunshine and best temps around ….

This writer ran into Mr Nixon over the weekend…and spent some time…getting reacquainted…in all thing LBTS…political of course….so last nights MPSC/P & Z combo meeting was the second time ….. As the meeting wore on…..going off topic …droning  on…Mr Nixon had “that look”……but David’s “look” of “deja vue”…was nothing to compare to the “look” coming from the far end of the table…where the “seasoned: MPSC members sat…eyes glazed over…..with looks that said …(if  cartoon bubbles could be seen above their heads)……just how long does one stick around for fulfilling their civic duty?….

It started off well …with some “housekeeping…including the congratulations to Vice Chair Sandra Booth…being honored next month as a woman of style and substance for volunteer work…(from Sentinel)…
‘Feb. 5 Women of Style and Substance Symphony of the Americas Annually honoring those with distinguished achievements in our community, highlighted by musical accompaniment of Maestro and Symphony. $100. Fort Lauderdale Grande Hotel & Yacht Club, 1881 SE 17th St. 954-545-0088.’

(example of height…bollards)…

Chair Paul Novak introduced Mayor Minnet to address the lighting issue on El Mar of the “assigned” issues from the Commission…(according to the Oriana development deal the million can only be used south of Commercial)……The Mayor is in the lighting business and spent some time explaining the correct way to deal with the two emerging problems that face the area…turtle season and the turtle foundation…(link below)…and pedestrian walking…making both happy and safe…..she recommended low level lights…which would be similar to what is in place at El Prado Park and at Oriana……but less bright……less noticeable……in the application…for her professional opinion is ….good lighting should be done in a way where you get the benefits without the prominence of the fixtures…. using the overwhelming design of lighting at Oriana as an example of what not to do……discussion ensued about alternatives…street lighting…shielding…bollards in the sidewalks…sidewalks and bollards with lights in the medians….all to be taken into account…with the planning…she advised the committee to take a look at Boca Raton…Red Reef Park..( link below)….to see what they have accomplished…and the committee decided to enlist the input of a woman who came to a previous committee some years back…

Sandra Booth …. the Vice Chair brought exciting news to the table…she was successful in her quest to ask once more for the Fort Lauderdale Art Institute to have their students use a project in town for their class project…a big deal…especially after the pavilion did not end up as it was designed by A.I. student Forbes…and the lack of acknowledgment of their role …on the construction site thus far…(to be remedied by the students themselves)…

Sandra met with Winston Menish…the Industrial Design Instructor on Dec. 23,2008…and then went to the school on January 12th,2009…to explain the project…El Mar Drive…and although none of the students knew LBTS…they were very excited to do something in a beachfront town…as their big project for the semester…ending in March…

The committee was also excited…and agreed to move forward…to do much the same as they did prior with the pavilion…to put together a “book”…a lunch…and parking…and instead of a contest offering up a fund or scholarship to the winning student…They will meet here on February 16th…giving them a similar time frame to complete their work…5-6 weeks as the pavilion students had…and will return with clay models and drawings…

The final topic for MPSC to address on the agenda…….grants…acknowledging with nothing really out there …it was time to move on…with P & Z…the questions that were finally answered…sub-standard in this writer’s opinion (previous post…scoops & boards)….

Peanuts Wick…P & Z Chair briefly went over the letter…(in the previous post in its entirety)…and then it began…the record needle was stuck…the “usual suspects” did their 33 foot number…with Marc Furth…arriving late to say….”why are we here”…”what are we doing”…all the while rewriting history…saying the election was about the Overlay Districts…HUH?…Occasionally Cristie Furth…”bent a little”…about 33 feet on the east side with room for “doo-dads” on the roof…44 feet on the west…with perhaps 44 feet on A1A…not understanding the uninhabitable 1st floor ….(perhaps tonight commission meeting Quasi Judicial single family home will enlighten her to the State’s rule?)….and talking of underground garages to keep the development seaside in check…a point others at the table shook their heads at…for it would be cost prohibitive and a Tallahassee nightmare to get approved…the fear for the Furths…the town’s people might actually vote again for 44 feet…because they really meant it…

What would really make the Mc- Furth Gang take cover…perhaps the voters should be allowed to vote for 15 stories in the north while they are at it…and Overlay Districts…on the ever expanding “laundry list” referendum that is bandied about…

One interesting comment came from Peanuts Wick…a private referendum…we hear the cost is $13 thousand for one…less with a mail in…could there be citizens willing to do such a thing?…HMMM…….

Don’t think it could happen?…well ….new at the table P & Z alternate…Dennis Ritchie…who pointedly said this decision for removal of the Overlay Districts was political…a point many concurred with…

More substantive  points came few and far between …with Peanuts again…showing his “cahonees”…with the Furths…something few have seen in recent months…calling them on their “convoluted ideas”…”knowing where they stand”..  (33 feet)….as he  went on ….speaking of setbacks…stepping back for heights…with follow up from Bill Hubly about tax bases…developers VS residents……dealing with ratios…Bob Eckblad discussed looking into Vero Beach.and Atlantic Beach…in Florida…..( link below)…and other towns with 35 ft. height limits…

Talk was sidetracked with the parking issues…the mixed use on Commercial…the restaurants with their too  low costs for use of  sidewalk seating (per Marc Furth)…perhaps buying the property for sale across from Oriana  with a bond (again, Marc Furth)….Wings driving out the small T-shirt shops…(per Paul Novak)…with one in his own building by the beach on Commercial closing in July….and businesses going out on Commercial…by the VFD which is moving out of that location……naming the the flower shop…(per Bill Hubley)…..

Clearly having enough, and perhaps looking down at the other end of the table….Peanuts once again said they were “spinning their wheels”…”going off point”…but  not soon enough…for the Furths…to throw out more untrue statements…with Cristie Furth stating Commissioner Dodd was for returning to Overlay Districts…no green area and 44 feet…producing a “flashback”  for this writer…. during such an outrageous claim…the e-mail of “warning” sent  pre- campaign from a former elected official…(with a connection to this committee)…who knew all too well…what was seen here tonight…(unfortunately I did not listen)…..

‘CIC & Christy Furth
Wednesday, September 5, 2007 3:03 PM

Barbara, as a friend I would advise you not to be taken in by Christy Furth.
Christy has her own ideas as to how to do things but many time they are nothing more than disruptive and counter productive’

Old habits die hard…and at this meeting that was quite apparent…

Back to the meeting…it came down to this……they would go back to the Commission…for more direction…they would get a hold of the building department…they would ask for the codes…(link  with ….Articles 2,3,4,6 & 7)…. will look at the recommended areas…..and contact the people discussed for the project….Paul and Sandra would get the items together for the students…and they would all meet again…the 3rd week of February…..on Tuesday at 7 pm……

Or would they….ALL?….

more to come…..

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Here’s The Scoop…Master Plan Steering Commmittee/Planning & Zoning Meeting 1/26/09…

January 25, 2009 by Barbara


MPSC -P&Z MEETING 6;30pm….JARVIS HALL…televised/online…after the Special Meeting called for Decorum…at 5pm (previous post)…







a.-  Lighting- Mayor Minnet

b.- Sandra Booth proposal

c.- Grants

d.- General Discussion (public invited)



1.- The Overlay District (MPSC & P & Z)

a. Town Memo- per questions to Overlay Districts…(see below)





Better late than never…….

From the Town Manager….

‘Following please find the answers to the questions posted on your October 25,2008 letter regarding possible changes in the Overlay Districts discussed at a joint session held on 10/21/08 by the Master Plan Steering Committee and the Planning and Zoning Board:

1. Is habitation on the first floor possible in buildings located east of El Mar Drive?

ATTORNEY RESPONSE: I think the answer to this question is dependent upon federal/and or state (the Florida Building Code) law, rather than Town Ordinance. I think the answer to the question is “no”, but perhaps Development Services knows the answer for sure? STAFF RESPONSE: Habitable first floors are possible in buildings located east of El Mar Drive. All habitable structures shall be elevated at or above an elevation which places the lowest horizontal structural member above the 100-year storm elevation as determined by the Florida DEP in the report titled “One-Hundred-Year Storm Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line” That would be 19.1 ft above the mean sea level per the Stae DEP. As  a reference the crown of the road on El Mar Drive might be between 10 and 13 ft. above the mean sea level.

2. Referendums were held in 1998 and 2006. Can the Town Commission in the future change by ordinance or must we change by referendum?

ATTORNEY RESPONSE: If I understand this question correctly ( if they are asking whether the Charter can be changed by simple ordinance, without the need for a referendum), the answer would be “no”.

3. Are setbacks and height limits stated by actual working in the 1998 and 2006 referendums?

ATTORNEY RESPONSE: I think the 1998 referendum was based upon an Ordinance that contained the precise wording of the proposed Charter changes. The 2006 referendum was based upon a citizen petition and after approval in referendum, the Town Attorney drafted the actual charter revisions. In any event, I believe the current wording of the Charter is consistent with both referenda.

4. When the Overlay Districts were recently removed did we go back to 33 foot height limit etc?

ATTORNEY RESPONSE: While the Charter potentially allows a greater height, I believe that, after the repeal of the Overlay Districts, there are not currently any zoning districts which provide for the construction of a new building in excess of 33 feet.

5. Can we use beach easements as green space and or for density of building?

ATTORNEY RESPONSE: I would generally defer to Development Services in terms of whether beach easement areas may be considered for open space requirements and/or for density calculations. TOWN PLANNER: We would need a little more information to give a site specific answer but in most cases that answer would be No. If you are asking if green area in a PUBLIC ROW (assuming the beach access is public) can be used to help sites green space requirements, I would say No. But, if you are asking about green space in a dedicated public access easement that is part of the overall site where the building will be located, then I would say Yes. STAFF RESPONSE: As per 30-481 (b) (1) Pervious area for beach front properties can only be calculated within the platted lot lines. Not that portion that they have riparian rights to. To the best of my knowledge, there is no statute or Town ordinance that prohibits the use of the beach area, within the plotted lot lines, for calculations of density. The portion of the beach that may have riparian rights to may not be used to calculate density.

6. Can we require a district to be termed hospitality only?

ATTORNEY RESPONSE: We have the legal ability to limit permitted uses in  a particular district solely to “hospitality” uses. However, such a limitation may be alleged to inordinately burden the rights of landowners within such a district, and may form the basis of a claim for compensation under the Bert J. Harris Jr. Private Property Owners Protection Act.

7. We would also like a comparison of Land Use Codes from 1972 and 1998.

STAFF RESPONSE: Need to prepare RFP to hire a consultant if Commission want to proceed with comparison.

BC…What an unfortunate … sub-standard……and  unnecessarily late response to these committees…If the Town Attorney was answering the Town Manager or Staff by phone or in person…they did not do his reputation any favors by making it appear as such… …the response from him should have been research in print…YIKES…

more to come …after the meeting…

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Update…Change Of Date…Master Plan Steering Committee….

January 16, 2009 by Barbara




If so….they will be discussing…the Overlay Districts…and Heights…(before the CIC…perhaps?)….

televised…on Comcast channel 78/ open to the public

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