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1974.04.25_PB_Minutes_Regular• MINUTES: PUBLIC HEARING OF THE PLANNING BOARD --OLIVER HOFFMAN CORPORATION RECESSED MEETING FROM APRIL 4, 1974 - APRIL 25, 1974 Chairman Kemery called the Public Hearing of the Planning Board to order at 8:00 p.m.. This is a continuation of the recessed meeting held on April 4, 1974, to consider the petition for RPUD on Town Lot 56, submitted by Oliver - Hoffmann Corporation. Present: Chairman Kemery, Dr. Guelzow, Mr. Johnson, Mr. Wilcox, Mr. Boscove, and Mr. Schober also in attendance were Ms. Roberts, Town Administrator, Vern Foster, Zoning Official, Tom Sliney, Town Attorney, several representatives from the above corporation and residents from the Town. The first item Mr. West presented the survey with the engineers signature and seal, but the legal description, site plan and building plan did not have the signature and seal. The next item in question was the parking structure. Mr. West explained in detail the parking structure, and a prolonged discussion followed regarding the parking area. No decission was made at this time. • Mr. Boscove inquired if they have moved the south building, Mr. West answered that they have, but did not move the north building. Ms. Robers inquired if they received the approval of the Community Appearance Board; Mr. West answered that they did receive the approval tonight. Mr. Kemery inquired regarding the livability space, and a lengthly discussion followed. Mr. Isenhour explained all of the landscaping in detail including two (2) water falls, etc.. (Not connected with the Intracoastal). Chairman Kemery said that Mr. Beasley recommended a concession by applican in either height reduction or additional rear setbacks, but it was explained that water or land are considered as livability area, so no concession was required. Discussion followed: Mr. Boscove made a motion to approve the petition as submitted, seconded by Mr. Kemery. The following are comments from the Board Members: is • MINUTES: PUBLIC HEARING OF THE PLANNING BOARD = OLIVER HOFFMANN CORPORATION RECESSED MEETING FROM APRIL 4 1974 - - APRIL 25, 1974 Mr. Wilcox; not satisfied with the one (1) bedroom apartments and voted, nay Dr. Guelzow; looks cluttered and not to well planned and voted, nay Mr. Boscove; requested an expert opinion and recived one from Mr. Beasley, and is satisfied with the project and it complies with our present zoning, so he voted, aye Mr. Johnson; voted, nay Mr. Kemery, could be improved, but voted, aye Petition denied (Accordingly, the records show three (3) voted nay, and two (2) voted aye. Chairman Kemery requested a copy of the transcript,which will be supplied at a later date, from the attorney representing the corporation. Mr. Boscove made a motion to adjourn, seconded by Mr. Johnson. This meeting adjourned at 9:45 p.m.. • APPROVED:-,-11a rvin Kemery ohns 0 of, d L. Wilco/ Jos ph Boscove ATTEST: L Cie DATE: APRIL 25, 1974 • MINUTES: PUBLIC HEARING OF THE PLANNING HOARD - AMENDMENTS OF THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE WITH RESPECT TO DENSITIES ETC., RECESSED MEETING FROM APRIL 11, 1974. Chairman Kemery called the Public Hearing of the Planning Board to order at 10:00 p.m.. This meeting is a continuation of the Public Hearing which was held on April 11, 1974 at 2:00 p.m. regarding Amendments of the Comprehensive Plan and the Zoning Ordinance etc., and recessed until this date. Present: Chairman Kemery, Dr. Guelzow, Mr. Johnson, Mr. Wilcox, Mr. Boscove and Mr. Schober Attorney, Mr. McCord representing owners of Ocean Terrace inquired if this meeting was a continuation of the meeting of April llth as a Public Hearing and nothing else? Chairman Kemery answered that it is a con- tinuation of the Public Hearing of April llth and it was also adviertized as same; Mr. McCord inquired if their will be any decision or vote made tonight with regard to these matters; Chairman Kemery answered no, not necessarily; Mr. McCord again asked if the Planning Board had the authority to make a vote on these matters during the Public Hearing or • is it required to have a vote at a later date. Chairman Kemery answered that they can have a vote of determination whenever the Public Hearing is completed, that the reason this meeting was continued was because there were some items in question. Mr. McCord, my point is that this is a continuation of the Public Hearing, is this also a regular meeting? Chairman Kemery said that this is not a regular meeting as yet. The regular meeting will be held after the Public Hearing. Mr. McCord again inquired if this was a proper and in accordance with the Ordinance. The answer was that they can take action at a Public Hearing. Mr. Boscove suggested to go over the items that still were to be changed, as they have gone through the agenda completely and no action as yet was taken. Chairman Kemery said the main item of discussion was the side setbacks in the area around RM 1, which they propose to change from 15 ft. on each side to 20 ft. Mr. Boscove said for clarification it has been 20 ft. we are just strenghting it. The present zoning calls for 20 ft. on multiple dwellings. There was some confusion of what they call single family attached and that the setback was 15 ft. this is proposal number 12. Discussion followed. Mr. Gibson owner of lots 21, 22 and 8 in block two (2) of Bel Lido and a couple more on A-1-A, is interested in building a one (1) story building with a 15 ft. setback, but with a 15 ft. setback it is hard • to build a one (1) story building. Prolonged discussion followed. PAGE TWO -2- APRIL 25, 1974 MINUTES: PUBLIC HEARING OF THE PLANNING BOARD - AMENDMENTS OF THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE WITH RESPECT TO DENSITIES ETC., RECESSED MEETING FROM APRIL 11, 1974 Mr. Boscove agreed with Mr. Gibson as to what he said,and what we are trying to do is to get a variety of buildings in this district. I suggest to make Highland Beach Isle RM 1-A with a 12 ft. setback for one (1) story building, and 15 ft. for two (2) story building. In RM 1, 12 ft setback, for one (1) story building, and 20 ft. for two story building. All members agreed. Chairman Kemery said the next item for discussion was the change the North end of Town, RM 40 to 2A (proposal number four (4)) (Lots 118 to 124) LUI 54, maximum 20 units per acre; RPUD LUI 57 maximum 25. Change RM 30 to RM 3, LUI 57 maximum 30 units at 1300 sq. ft.. All members agreed. Mr. McCord inquired on what basis and what reason the density was cut in this area? I am interested in lots 123 and 124. Mr. Kemery answered that he went into detail at the last meeting. One reason was that the orginal planners made a mistake on zoning that up to 40 adjoining a single family dwelling; Mr. McCord, on what basis is that being justified? Mr. Kemery,,ordinarily good zoning, were you adjust not . the abuttment, but tamper it down; the other was in higher class buildings that have been submitted in that area have tendency for lesser apartments than we had zoned; Mr. McCord, may I inquire the sources of the material or information upon which you just stated constitutes good sound planning to reduce the density; Mr. Kemery, I cannot state off hand to quote any specific authority, it is so common I did not think there would be any question on it, commonly used method; Mr. McCord, what units or developments have been pro- posed on these lots that would show that they were presented to this Commission with lesser apartments or condominium? Mr. Kemery, some of them to the south; Mr. McCord, what area would that be? Mr. Kemery would be in the RM 40 zoning; Mr. McCord, which lots? Mr. Kemery, cannot give you that off hand; Mr. McCord area are lots 118 to 124. Mr. Boscove lot 118 presently has nine (9) units per acre and 119 has 19 units per acre; Mr. McCord, is this a new development? Mr. Boscove, no it is the Jamaica Manor House and the Carlton House; Mr. McCord, I understand they were built substantially before this Comprehensive Plan was adopted; Mr. Kemery, that is true; Mr. McCord, as I understand your zoning Ordinance this Commission before making any changes is required, not may not, permissable, but is required mandatorium to obtain and have substantial prove that the changes are necessary and I would like to inquire of the Commission what • prove, what study, what source, what information is being used by PAGE THREE -3- APRIL 25, 1974 • MINUTES: PUBLIC HEARING OF THE PLANNING BOARD - AMENDMENTS OF THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE WITH RESPECT TO DENSITIES ETC., RECESSED MEETING FROM APRIL 11, 1974 THIS Commission to make these changes; Mr. Kemery, your giving us some legal end of it that I do not know; Mr. McCord, under the present zoning plan under the Comprehensive Plan for this reason I say that you have had two experts, adopt, develop, study and recommend; those experts are nationally recognized experts, they have made their recommendation, they have offered you prove and if you turn these experts down, then I as a property owner would like to inquire what prove you have substituted in place of it, also I am asking this Commission to comply with your own Ordinance and that is to advise me and the other citizens of this Town your prove of these changes. Can the Planning Commission advise the citizens of this coummunity, taxpayers of this community where the present zoning is inconsistent with the comprehensive zoning plan adopted for this community in 1972 and re -affirmed by your experts in 1973; Mr. Kemery the State Law requires that we review the zoning every year; we reviewed it and find a change is indicated; Mr. McCord, on what basis is this Commission this Public Hearing deciding that these changes are in keeping with good planning practice,when the taxpayers money from • this City has spent, several thousand dollars, and the report of the experts say it is OK, leave it alone. "Mr. McCord read part of the Leary report" I also would like to point out to the Commission that under the present zoning of RM 40 with underground parking on lots 123 and 124 the size is 1300 ft., you are automatically elimanting and defeating the very purpose you wish to do here today. Also I would like to know on what basis the Commission arrived at a LUI 57; Mr. Chairman, I have been here on three seperate occassions, and am trying on behalf of the owners of this property to allow this City, this Community of the function, but I will say that if this is approved, I can assure you that you are forcing us into a law suit immediately; not only are you forcing us into a law suit on the constitutionaly of these zoning matters, but you are forcing us into a Federal Law suit against the individual members of this Town Govern- ment, for violation of Civil Rights and the attending damages."I would like for this to be put into the record, that we have asked for explanations for all these matters effecting our property", you give us no alternative. I dont care what you do in the future: Mr. Kemery, so you will sue us; Mr. Leary made that examination in the middle of 1973 and he has recently re-examined the Town and I have it here in writing were he recommends RM 30; Mr. McCord, may I see it? Mr. Kemery, come in the office in the morning and you will get a copy of it; Mr. McCord, may I see it now? • Mr. Wilcox, come in the office tomorrow and you will get a copy. Mr. Kemery, come in the morning and you will have it. Mr. Sliney told Mr. Kemery that it is of Public record; Mr. Kemery, I will give him a copy of it in the morning when he comes in. PAGE FOUR - 4 - APRIL 25, 1974 MINUTES: PUBLIC HEARING OF THE PLANNING BOARD - AMENDMENTS OF THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE WITH RESPECT TO DENSITIES, ETC., RECESSED MEETING FROM APRIL 11, 1974 In the middle of the preceding discussion, a motion was made to change Lots 118 to 124 from RM-2A to RM-3 and also to change RPUD from 3 to 3A. All members were polled and the response was in the affirmative. Attorney Robert Wutt, of Deerfield Beach, representing Mr. Milani,_,.------" Mr. Milani is the owner of Lot 10. Mr. Milani asked Mr. Wutt,to represent him in purchasing several other properties in Highland -- Beach, and will be a resident of this Town and build on the lots he will purchase very soon. Prolonged discussion followed regarding densities and zoning. Chairman Kemery requested a copy of the transcript of this Public Hearing, which will be supplied at a later date from Attorney Wutt. Motion made by Mr. Johnson, seconded by Mr. Wilcox, to recess the Public Hearing until May 2, 1974 at 2:00 P.M. All members agreed. Meeting adjourned at 11:55 P.M. APPROVED �'Niarvxn ery Dr. E. uelzo N . P Joh s n G ylord Wilcox / Joseph Boscove ATTEST: . DATED: