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1979.05.09_PB_Minutes_Special (2)A t. MINUTES: PLANNING COMMISSION/LOCAL PLANNING AGENCY, TOWN OF HIGHLAND BEACH, FLORIDA. BOCA HIGHLAND, BUILDINGS' "B", "C", AND TOWNHOUSES. REQUESTED CHANGE. MAY 9, 1979. •Chairman Boscove called the meeting to order at 7:00 p.m., advising this was a meeting of the Planning Commission, called to continue ex- amination of the proposed revision of the Boca Highland project, South Ocean Blvd., West. Lot ##2A. The Agenda is Attachment "A". Present: C. B. Blankenship, N. M. Johnson, J. A. Boscove, J. M. Farrin, R. B. Myers, W. Bonny (Alt.) Absent: L. O. Edlund (Alt.) In audience, Paul Twitty, Architect, Richard Rodgers, Boca Highland. Town Attorney T. E. Sliney, Vice Mayor R. Mumford, Commissioner H. Storm, Commissioner P. Genovese, Commissioner H. Bauer. Chairman Boscove advised the purpose of the meeting was to review the plans. for Boca Highland, Buildings "B", "C" and Townhouses. The major difference in the plans was in the proposed height of the buildings, from a height of 15 stories to 16 stories. Chairman Boscove noted the other parameters were well within the scope of the original RPUD. The square footage is less, the space covered by the structures is less, the open space is more and the total number of units is ten less than the original RPUD. Several members of the Planning Commission were of the opinion at the work- shop meeting that the change from 15 stories was a minor change and that it was not necessary to go through the procedure of a public hearing, then to the Town Commission. Adm. Farrin noted that he had not agreed that the matter did not have to go through this procedure. Chairman Boscove called upon Town Attorney T. E. Sliney to speak relative to this subject. Attorney Sliney read from his letter dated January 10, 1979, paragraphs 1. and 2., relative to Boca -Hi, Braemar Isle (Attachment "B"), and the question of whether the Planning Commission or the Town Commission had the final say in determining approval of proposed changes. Town Attorney Sliney advised that the matter would have to go to the Town Commission. Since sixteen stories is more than the height allowed by the present Zoning Code, it would not be in accord with the regulations at the time the request for change was made. Discussion followed relative to height restrictions in an RPUD and the right of a developer to build to 16 stories rather than 15 stories. Chairman Boscove noted Section 8, 9 (3) of Ord. #k336, Attachment "C", and advised that Town Attorney Sliney had recommended the change requested by Boca Highland be considered at a public hearing. Following discussion, Chairman Boscove advised the members of the Planning Commission that based upon the previous workshop meeting and what had been •heard from the Town Counsel, the Planning Commission would have to make a decision as to whether the Commission had the final say or whether a public hearing should be held. Chairman Boscove then polled the vote: Mr. Myers, no, Adm. Farrin, yes, Mr. Blankenship, yes, Mr. Johnson, yes and Mr. Boscove, i1o, on the question of holding a public hearing. Page ..2W MINUTES: PLANNING COMMISSION/LOCAL PLANNING AGENCY, TOWN OF HIGHLAND BEACH, FLORIDA. BOCA HIGHLAND, BUILDINGS "B", "C", AND: • TOWNHOUSES. REQUESTED CHANGE. MAY 9, 1979. Chairman Boscove advised that the three to two decision indicated that a public hearing must be held. Town Attorney Sliney noted there existed a boundary dispute over properties abutting Boca Highland property, this property owned by Mr. C. Milani. Chairman Boscove called upon members of the Town Commission in audience for comments. Vice Mayor Mumford commented on the original height limits, Commissioner Bauer noted the change requested was a significant one. Commissioner Storm agreed with Commissioner Bauer and Attorney Sliney. Commissioner Genovese waived comment. Chairman Boscove advised the decision on the approval of the requested change becomes an amendment to the RPUD and thus requires a public hearing, with due public notice. It was agreed the public hearing for the request for examination of proposed changes in plans for the Boca Hi, Inc. RPUD, as it relates to Buildings "B", "C" and Townhouses, will be scheduled for Wednesday, June 13, 1979, at 7:00 p.m. The meeting was recessed at 7:45 p.m. • The public hearing called for May 9, 1979, for a special exception requested by Digby C. Bridges, Lots #92, #93, and #94, was held immediately following a five minute recess. •