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1984.11.14_PB_Minutes_Regularn TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING NOVEMBER 14, 1984 9.30 A.M. Vice chairman Doris Rome called the Regular Meeting of the Planning Board of the Town of Highland Beach, Florida, to order at 9:30 A.M. Also present were Messers. W. J. Wernecke, M. A. Waldman, J. E. Ward and Mrs. A. Leng. In attendance also were Town Attorney David Friedman, Building Official Bruce Sutherland, Recording Secretary Anne Kowals and Town resident Mr. E. Brandt. The minutes show a quorum was present despite the absence of two regular members, Chairman I. S. Saunders and Mr. R. F. Blosser. Minutes of the Public Hearings and Regular Meetings held on August 15, 1984, and September 12, 1984, were approved and accepted as read by each member. UNFINISHED BUSINESS: _FREDERICK RESIDENCE. LEE MARTIN, AIA, ARCHITECT. MIKE WOOLSEY, REPRESENTATIVE, PRESENT. • Vice chairman Doris Rome asked Building Official Mr. Sutherland to explain the FREDERICK'S request for a 'FINAL (?) SITE PLAN REVIEW. Mr. Sutherland told the Board Members that the plans submitted were changed to comply with the new zoning code. All previous objections by the Planning Board have been satisfied. A memorandum from the Building Official to the Planning Board, dated November 14, 1984, was read into the minutes by Vice chairman Doris Rome. Architect Lee Martin, representing Mr. Bill Frederick for residence in Highland Beach, addressed the Planning Board Members. Mr. Martin said the site plan is basically the same configuration as originally proposed. The site plan shows the gatehouse relocation; the driveway, too, was relocated providing a better arrival feeling for in -coming guests and allowing better security. The drive -through was changed to accommodate the traffic pattern. As this is a single family resi- dence, the gatehouse has been played down. The gatehouse is set back, a planter is placed in front of the structure and the roof is stepped down to make the unit blend in with the surrounding wall. Mr. Lee Martin mentioned that the gatehouse has been accepted and approved by the Board of Adjustment and the Community Appearance Board. • The Board Members questioned what would happen to the property should Mr. Frederick pass on. Mr. Mike Woolsey stated that all the lots are tied together with one ownership under Unity of Title which can never PLANNING BOARD Regular Meeting Minutes • November 14, 1984 Page 2 of 5 be broken. Mr. Woolsey suggested the Planning Board, if there is some way, place a condition on the site plan approval reading "a single family residence for the purpose of a residence of a family, as it is defined by the zoning code". Vice chairman Doris Rome asked Town Attorney David Friedman if a restriction can be placed on a deed so property will always be used for single family only. Town Attorney David Friedman sees no rea- son why it could not be done. Mr. Mike Woolsey thought Mr. Frederick would agree to a deed restriction providing his attorney and the Town attorney review the draft to be certain it meets with their approval. Mr. Waldman suggested the deed restriction stipulate the property can not be subdivided. The Board Members discussed the guesthouse. Mrs. Leng asked the Town Attorney David Friedman if he could find a place in the ordinance that states guesthouses can be built on single residence property. The members said the ordinance does not address guesthouses. Vice chairman Doris Rome requested Architect Lee Martin date and initial all changes on each set of plans. Town Attorney David Friedman said all the Planning Board could do at this point is to review the plans and wait to see if Mr. Bill Frederick will agree to their requests. The Planning Board can not grant a conditional approval. At 10:15 A. M., the Planning Board Regular Meeting recessed for ten minutes. The meeting resumed at 10:25 A. M. at which time Mr. Lee Martin told the Planning Board Members that he has dated and initialled all the necessary changes on both sets of site plans. The completed site plan sets have been signed and dated by Architect Lee Martin (in the lower right hand corner) to prevent any confusion. Once again, the Building Official and Board Members reviewed the site plans as finally put together. Vice chairman Doris Rome asked the members for further comments on the plans. Mr. Waldman inquired if any kind of official notice will be placed on plans denoting a deed restriction requirement. Mr. Mike Woolsey said that between the Town Attorney and Mr. Bill Frederick's Attorney, they will not only pursue the deed restriction 1 but will draw up a draft for joint review and will agree on something prior to the Town Commission Meeting. They will have had discussions PLANNING BOARD Regular Meeting Minutes November 14, 1984 Page 3 of 5 • &hd a pfeliminary draft affd will be ready to file, based upon the Town's,approval. This will be a good faith effort on the part of the Town as well as Mr. Frederick. Vice Chairman Doris Rome asked Town Attorney David Friedman to com- ment.. Mr. Friedman said the deed restriction would make the deed more binding and help prevent anyone from petitioning, at a later time, for a rezoning of the property and thus help preserve the single family nature of the parcel. Site plans require the approval stamp and signatures of the Planning Board Members before they are submitted to the Town Commission. There- fore, the Board Members recommended Mr. Woolsey have their attorney draw up the draft regarding the deed restriction and submit same to the Planning Board before the agenda for the next meeting closes on November 28, 1984, at noon. The FREDERICK RESIDENCE will be placed on the agenda under 'Old Business' of the Planning Board Meeting scheduled for Wednesday, December 12, 1984. The Planning Board Members were favorably impressed with the site plans as amended. • At this time, Town resident Mr. Ed Brandt of 2395 South Ocean Blvd. requested to be heard as a neighbor of the FREDERICK RESIDENCE. Mr. Brandt said he was speaking on behalf of two other neighbors, Mr. & Mrs. G. Marcy and Mr. & Mrs. J. Schubert. These neighbors request the Planning Board deny approval of these plans because they do not conform with the spirit of single family homes. They appreciate the fact that Mr. Frederick wants to improve the property; but, they suggest he go back to the drawing board and plan something to con- form with the single family homes in the Byrd Beach section. Vice chairman Doris Rome said the Board has taken note of Mr. Brandt's objection and appreciate his appearing before this Planning Board. The Board Members had a brief discussion regarding the closing time for agenda. Vice chairman Doris Rome suggested the closing time be at 12:00 noon rather than 4:00 P. M. to allow the Building Official time to review any plans that may be submitted. All the Board Mem- bers agreed to the suggestion. HOFFMAN RPUD Mr. Waldman researched the project with Mr. Bruce Sutherland and re- ported the following. Hoffman property originally consisted of 24/25 acres. As far as can be determined, none of the property was sold I PLANNING BOARD Regular Meeting Minutes November 14, 1984 Page 4 of 5 • off since inception. Back in 1975, the Town had given three RPUD's for large tracts of land. It was thought that if a person had an RPUD zoning, he could develop the property better than he could under the present day zoning. Unfortunately, builders took advant- age of loop holes, and instead of doing it better, they used the RPUD zoning as an excuse to triple the amount of units they could build. The following year, the Town realized it made a huge mistake --instead of being something good, it was a bad situation. The three RPUD's given had each received a ten year maximum build out time which meant they had to be completed by July, 1985. Any appeal from the time limit had to be addressed to the Town Commission, who could not act on it without first referring it to the Planning and Zoning Commission, who would review the circumstances and recommend it back to the Town Commission for granting or denial. Appeals from time limit have to come from the Planning Board. Town Attorney Tom Sliney, in his research of the matter, told the Board that the time limit does expire in July, 1985, and no one else had authority to extend the time limit. Mr. Waldman said it is the duty and obligation of this Board to pro- tect the quality of life we have in this Town, not only at the pre- sent, but in the future. The only reason Hoffman originally got RPUD was because he had 24/25 acres of land. If he sold off some of it, or if he has some unbuildable portions with Mangroves on it, he would therefore not have qualified for the RPUD originally because he did not have as much land as he said he had to build on. Mr. Waldman would recommend to the Town Commission that no way should Hoffman, or anyone else, be given any kind of rights other than what it is presently zoned for under the new zoning. If it means exten- sion of an RPUD, it would only be that the owner could build under the present day zoning and not under something he thought he had ten years ago. vice chairman Doris Rome suggested requesting the Town Commission pass a new ordinance limiting the RPUD's in Town to a two year build out, and not allow any more RPUD's in this Town. Mr. Waldman said an ordinance was passed in 1975 limiting the build out --construction had to be completed by July, 1985. No more RPUD's will be given as there are no large enough tracts of land left in our Town. Everyone should adhere to the zoning code presently in effect. Town Attorney David Friedman recommended a title check to see if • Hoffman has transferred the title. If a representation is made to Hoffman, and he transferred the property, the new owner has no PLANNING BOARD Regular Meeting Minutes • November 14, 1984 Paste 5 of 5 right to the RPUD. A representation must be made to the landowner and a stranger can not take advantage of something that occurred in the past. A new owner can not come in and claim stopple. In 1975, when the Town decreed no more RPUD's--you had to build out in ten years --you had to apply for a building permit and start con- struction within one year from 1975 to keep your RPUD valid. The records, to date, indicate no building permit applications have been received from the Hoffman Properties. Vice chairman Doris Rome, and members in attendance, requested the Town Attorney David Friedman commence a title search on the Hoffman Property. A letter dated September 14, 1984, from Midland Insurance Company sent to the attention of Planning Commission Chairman regarding Boca -Hi vs. Town of Highland Beach, was read into the minutes by Vice chairman Doris Rome. Mr. John Ward and the members discussed the Milani Property briefly. Research of the Milani Property is being done by Mr. Ward. The • possibility of a public County Park was mentioned. The members all agreed a County Park would be more favorable than another high rise. is There being no further business to discuss, Mr. Marvin A. Waldman made a MOTION, seconded by Vice chairman Doris Rome, to adjourn the meeting at 12:05 P. M. APPROVED: Doris R. Rome, xVice chairman William J. Aernecke Attest: "� )k Dater /-. lyZ�4 amk/12/6/84 rvin A. Waldman J16hn E. Ward Amelie Leng