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1985.12.11_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA • PLANNING BOARD WEDNESDAY, DECEMBER 11, 1985 9.30 A.M. Chairman Irving S. Saunders called the Regular Meeting of the Planning Board, Town of Highland Beach, to order at 9:30 A.M. The recording secretary called the roll. Present were Chairman I. S. Saunders, M. A. Waldman, J. E. Ward, A. Leng, C. H. Bartlett (alt.) and A. Futernick (alt.). Vice Chairman D. R. Rome was absent. Also present were Building Official B. Sutherland, Town Manager H. D. Williams, Mayor E. Sullivan, Recording Secretary A. M. Kowals and several Town residents. A MOTION by Mr. Waldman, seconded by Mr. Saunders, to approve the minutes of the October 9, 1985, November 4, 1985, and November 13, 1985, meetings as written carried unanimously. Chairman Saunders mentioned a phone call he received from Commissioner Stewart, who was disturbed with what happened at the last Town Commis- sion Meeting, regarding the site plan in relation to Royal Highlands and Ambassadors South. According to Commissioner Stewart's figures, • Ambassadors South's Northern property line encroaches on the easement of Royal Highlands. The Planning Board, said Chairman Saunders, signed a set of plans that did not have a site plan and forwarded same to the Town Commission. Under Building Department Procedures, continued Mr. Saunders, it is a must for a set of plans to include a site plan. Building Official Sutherland said the plans showed a site plan; but, on the site plan they omitted the fact that Ambassadors South's building intruded into the Royal Highlands property. Mr. Waldman said at the last Planning Board Meeting with Teron, mem- bers questioned if Teron's plans conformed to the setbacks on the South side. According to plans Teron showed the Planning Board, they showed 15' more than was required. The Planning Board was going by the fact that they conformed to the setbacks on their property, continued Mr. Waldman, we had no way of knowing that Ambassadors South encroached on Teron's property. is ve 0 PLANNING BOARD Regular Meeting December 11. 1985 Paqe 2 of 7 Town Manager Williams showed members two sets of plans showing Teron's property line, the 5' beach access and the 15' of building encroach- ment. Basically, said Mr. Williams, there is 20' from the edge of the easement to the property line; there is 52' from the property line to the edge of their building (of the 52', 15' is taken up by building which is Ambassadors South and 5' is taken up by easement which is grass) . There was much discussion outside the hearing of the recording secretary. When Chairman Saunders asked for the Town Manager's comment, Mr. Williams said these are not the ordinary 'run of the mill' plans; we're into a negotiated type of settlement so there is some leaway. Looking at the South edge of Teron's building in relation to the property line, continued Mr. Williams, it far exceeds our code re- quirements. Legally, Teron did comply with the existing code, in- cluding the intrusion from Ambassadors South, said Mr. Williams. Following much discussion, Mr. Waldman made a MOTION, seconded by . Mrs. Leng, "that the Planning Board rescind their okay of the plans because Teron did not show the present encroachment on the site plan. The plans okayed are not legally correct. 40 Therefore, the Planning Board suggests Teron come in with a new set of plans showing the Ambassadors South encroachment on their property." A roll call vote resulted as follows: Mrs. Leng 'aye' Mr. Bartlett 'no' Mr. Waldman 'aye' Mr. Ward 'abstain' Mr. Saunders 'aye' The MOTION carried three to one with one abstention. A discussion of Building Department Procedures followed. Mr. Waldman said a MOTION was made and passed at the November 13, 1985, meeting to limit the time to eight months for an applicant to apply for a building permit after final approval is received from the Town Commission. The Town Manager, continued Mr. Waldman, took the posi- tion that eight months was not enough time. . PLANNING BOARD Regular Meeting December 11, 1985 Page 3 of 7 • Town Manager Williams wrote a memorandum to the Town Commission stating he feels the eight month time -frame would not be defensible if the Town were challenged. Mr. Waldman explained extensions may be granted anytime there is a de- lay caused by any governmental agencies (D.N.R., D.E.R., etc.) as per the Town Ordinances. The Town Manager said he would not be opposed to the eight month time - frame if some mechanism were built into the Planning Board recommenda- tion to the Town Commission indicating the possibility of extensions due to governmental agency delays. Mr. Ward made a MOTION, seconded by Mr. Waldman, "that in view of the fact that the Town Manager is opposing the Planning Board recommenda- tion for an eight month period to take out a building permit, the Planning Board may agree to extensions on justifiable grounds and the clock can be stopped if delays by governmental agencies are caused. We strongly feel an eight month period is sufficient." • A roll call vote resulted as follows: Mr. Waldman 'aye' Mr. Bartlett 'aye' Mrs. Leng 'aye' Mr. Ward 'aye' Mr. Saunders 'aye' Chairman Saunders said the decision on this MOTION is unanimous and will be forwarded on to the Town Commission. Mr. Waldman stated the Planning Board received a directive from the Town Commission to rezone the B and C sites at Boca Highland. OLD BUSINESS Members complimented and thanked John Ward for the time and effort that went into his research for the recommended zoning changes (Appendix I and II) attached to his memorandum of August 6, 1985. Mr. Ward said that in reviewing Appendix I, the Residential Single Family Estate Lot (RE), Residential Single Family (RS) and Residential Multiple Family Low Density (RML-1) zoning can not be changed very much. Following some discussion, the members agreed the Residential Multiple isFamily Low Density (RML-1) zoning change should increase the minimum floor space for the 1, 2, 3, bedroom units by 200 sq. ft. to 1,600/ 1,800/2,000 sq. ft. v f I I* PLANNING BOARD Regular Meeting December 11, 1985 e 4 of 7 In the Residential Multiple Family Low/Med. Density (RML-2) zoning, it was suggested the density be reduced from 12 units per acre to 10 units per acre with the minimum lot area for multiple increased from 3,630 sq. ft. to 4,356 sq. ft. and minimum floor space for the 1, 2, 3 bed- room units be increased 200 sq. ft. to 1,600/1,800/2,000 sq. ft. The maximum building height would be reduced to 35 ft. from 40 ft. It was suggested in the Residential Multiple Family Medium Density (RMM) zoning, the density be reduced from 15 units per acre to 12 units per acre with the minimum lot area for multiple increased from 2,904 sq. ft. to 3,630 sq. ft. with the minimum floor space for the 1, 2, 3 bedroom units be increased 200 sq. ft. to 1,600/1,800/2,000 sq. ft. The maxi- mum building height would be reduced to 40 ft. from 50 ft. The Residential Multiple Family High Density (RMH) zoning changes sug- gested were the minimum lot area for multiple be increased from 2,420 sq. ft. to 2,904 sq. ft. with the maximum density reduced from 18 units per acre to 15 units per acre. The minimum floor space for the 1, 2, 3 bedroom units be increased 200 sq. ft. to 1,600/1,800/2,000 sq. ft. with the maximum building height reduced to 50 ft. from 70 ft. • Mr. Ward made a MOTION, seconded by Mr. Waldman, "that the Appendix I, attached to my memorandum dated August 6, 1985, recommending various changes to the existing zoning regulations be adopted and passed to the Town Commission with our approval. Where recommendations were made for a reduction in the building heights, it is understood that these heights can be increased by 10' for the construction of the garage space under the main building (exclusive of the single family units)." A roll call vote resulted as follows: Mr. Bartlett 'aye' Mrs. Leng 'aye' Mr. Waldman 'aye' Mr. Ward 'aye' Mr. Saunders 'aye' The MOTION carried unanimously. The Planning Board Members continued their discussion of the Building Department Procedures. In discussing enclosures for building sites, Building Official Suther- land said Highland Beach requires a 6/8 ft. construction fence at sites under development. PLANNING BOARD • Regular Meeting December 11, 1985 Page 5 of 7 When it was suggested that construction fences should be reviewed by the Community Appearance Board, Mr. Futherland stated that would be excessive. Mr. Waldman said if developers are made to adhere to our requirement for a 6/8 ft. construction fence, that would be sufficient. Chairman Saunders said all construction trailers should be within the confines of the construction fence. Building Official Sutherland said presently construction trailers go before the Community Appearance Board and this is not workable; he sent a memorandum to the Town Commission which read, in part, as follows: "In the case of Community Appearance Board review of tempo- rary structures, they should review sales trailers, real estate offices for original sales; but in my opinion, the Community Appearance Board review of construction trailers is not workable as there are no aesthetic requirements, • and the coming and going of different trade trailers and the time factors involved in holding review meetings would be prohibitive." Mrs. Leng said the Community Appearance Board reviews the construction trailers because they are concerned with the placement of same. Mr. Sutherland suggested that "construction trailers be placed within the construction fence" be incorporated into the ordinances. This would omit any review by the Community Appearance Board, said Mr. Sutherland, and the Building Department would see to it that all construction trailers are set behind construction fences. Mayor Edward J. Sullivan addressed the members, wished them a Happy Holiday and thanked all for their service to the Town. Mr. Waldman said when an applicant submits plans, the Planning Board would like assurance from the Building Department that that applicant is the owner (on record) of the property that he is trying to get zoned or permitted; and that that applicant has submitted an accurate up to date survey that has met with the approval of the Building Department. 0 PLANNING BOARD Regular Meeting • December 11, 1985 Page 6 of 7 When Mr. Sutherland said if a developer chooses to misrepresent in some way; whatever the developer puts down is what we're approving, Mr. Waldman suggested an addendum be added stating "misrepresentation on the survey or building plans would result in immediate revocation of your permit and loss of any fees paid". Chairman Saunders reconvened the meeting at 11:20 A.M. after a ten minute recess. Mrs. Leng mentioned the timing after a preliminary plan review by the Planning Board. It is important, said Mrs. Leng, that the Planning Board receive plans at least two weeks prior to a meeting to allow members to study and review them. Building Official Sutherland said a two week period would give him enough time on a preliminary plan to determine if the plans meet the preliminary requirements. Mrs. Leng stated the Planning Board requires written comments from the Building Official on preliminary plans. When we get the plans two weeks in advance of the meeting, continued Mrs. Leng, we're to • surmise the plans have passed your office and are completely correct as far as the Building Official is concerned. Mr. Sutherland said he would have a memorandum to the Planning Board prior to their meeting --if the plans did not meet the requirements, they would be rejected. Mrs. Leng questioned why the Planning Board Members would take time to look at something that the Building Official might cancel. I want to be able to look at plans that the Building Official had already reviewed, continued Mrs. Leng. Mr. Sutherland said the Planning Board would want to receive his in- put two weeks prior to the meeting which means an applicant would have to submit plans three weeks in advance of the Planning Board Meeting. Chairman Saunders scheduled the next meeting of the Planning Board for Wednesday, January 8, 1986, at 9:30 A.M. with the agenda closing on December 24, 1985, at noon. Chairman Saunders stated the Planning Board had a directive from the Town Commission to reconsider and recommend new zoning for the Hoffman • Property, in view of the fact that the Hoffman Property discontinued their R.P.U.D. v � 0 v - . I PLANNING BOARD Regular Meeting December 11, 1985 Page 7 of 7 • Mr. Futernick briefly discussed the possibility of impact fees. The members were not in favor of instituting this practice in the Town of Highland Beach. When Mr. Ward questioned if the building permit fees were increased, the Building Official stated they were raised according to the construction cost rate (approximately 15%). Following a brief discussion, the Planning Board Members agreed a new 'Planning Board Site Plan Review' stamp (with notation) should be ordered. Mrs. Leng made a MOTION, seconded by Mr. Ward, to accept the recommenda- tion for a new 'Planning Board Site Plan Review' stamp to include the notation "NO CHANGES SHALL BE MADE TO THIS SET OF PLANS WITHOUT BOARD RECOMMENDATION". A roll call vote resulted as follows: Mr. Ward 'aye' Mrs. Leng 'aye' Mr. Waldman 'aye' Mr. Bartlett 'aye' Mr. Saunders 'aye' Mr. Waldman made a MOTION, seconded by Mr. Ward, to adjourn the meeting. All members were in favor of the MOTION. Chairman Saunders adjourned the Plannin 'j. d Mg 12 noon. ,APPRO S10 d s, hair ATTEE Date: • amk - 12/30/85 M. A. Waldman Ward Pu, A. Len ]� G[ VtXt7 C. H. Bartlett