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1985.11.13_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING Wednesday, November 13, 1985 9:30 A.M. The Regular Meeting of the Planning Board/Local Planning Agency was called to order at 9:35 a.m. by Chairman Irving S. Saunders, in the Town Commission Chambers at Town Hall. The Acting Recording Secretary called the roll. Present were: Chairman Irving S. Saunders, Vice Chairman Doris R. Rome, Marvin A. Waldman, John E. Ward, Amelie Leng, and Alternate Member Abraham Futernick. Alternate Member Chris H. Bartlett was absent. Also present were: Town Attorney Thomas E. Sliney, Building Official Bruce Sutherland, Acting Recording Secretary Elizabeth L. Kolek, Stephen B. Moss (Attorney representing Teron International), Lorenz Schmidt (Executive Vice President of Teron International), and several members of the general public. MOTION was made by Doris Rome, seconded by Marvin Waldman, to approve the Isminutes of the October 2, 1985 meeting as written. All voted AYE. • Chairman Saunders stated that Teron International (Royal Highlands) was inadvertently omitted from today's agenda, apologized for the error, and asked the recording secretary to add it to today's agenda. NEW BUSINESS Mr. Lorenz Schmidt brought four (4) sets of drawings prior to the beginning of today's meeting. Chairman Saunders called for a brief recess so that the Planning Board Members could review the revised plans for Royal Highlands. THE MEETING RECONVENED AT 9:55 A.M. Mr. Lorenz Schmidt was introduced and gave a description of the three building options. He then stated that the plans presented today included all the changes requested at the November 4, 1985 meeting (setbacks are within Zoning Code and beach passage easements, which were not deeded to the Town, will still be honored) and asked that these amended plans be approved by the Planning Board. He stated for the record that the setbacks would all be in compliance with the present Town Code. Parking spaces were in a multiple of two. Landscaping has already been approved by the Community Appearance Board. Each unit will contain 2300 square feet of air conditioned space, plus balconies. Y Planning Board • Regular Meeting November 13, 1985 Page 2 of 6 When asked by Doris Rome if the setbacks conform to present zoning, Building Official Bruce Sutherland stated that since he had just received the plans a few minutes before the start of today's meeting, he had not had time to compute them but the general observation was that the plans look like they are within the Code. Much discussion ensued regarding setbacks, landscaping, parking spaces, height, length, width, conformance to present code, comparison of plans, Court Order requirements, interpretation by the Building Official, etc. MOTION was made by Marvin Waldman, seconded by Doris Rome, "that we approve these plans as they are and send them on to the Town Commission and we give them preliminary approval and if the Town Commission sees fit, they can always rescind it. But I think that these people have shown good faith in what we have asked them to do. They have been more than cooperative and I don't know how we could expect any more improvement on the court settlement. We've got to remember that our hands are tied there. This isn't exactly what we would like. We can't help it. We are bound by an agreement by the Court of five years ago and we would like them to build under present day zoning but we realize that that is impossible. It is just too bad they did not have present day • zoning many years ago ---that the people back then were not far-sighted enough to do something like this board has done. But under the circumstances, I would like to MOVE that we accept these plans and send them on to the Town Commission." Chairman Saunders added that Town Attorney Tom Sliney reminded the board that we have to act upon the Court Order, but stated for the record that during the year of 1984 the Town of Highland Beach paid $84,000 to a consultant to work with the Planning Board to work up a new Planning Code. (1) The new Code was developed, was approved by the Town Commission, and sent on to Tallahassee for final approval. Ordinance No. 503 in 1984, the height, which everyone in Town is aware of and everyone is cognizant of and concerned about so when this board votes upon this, they should be aware of the fact that the Code, at the present time, is 50 feet and with this plan it is almost 300% more than what the present plan calls for. (2) Length of the building ---"I always refer back to the Court Order. To me a Court Order is the Bible." The Court Order calls for 240 feet. These plans call for 257 feet. On the height ---Mr. Saunders said he spent some time yesterday going over to the Planning Dept. at Delray Beach and Boca Raton and spoke with the heads of the Planning Depts. They said that the height of the roof line was at the mid -point of the top most portion of the slanted roof on the main elevation and if you would place a ruler and measure that, you would come with a figure close to 147 feet. The Court Order calls for 130 feet. At the last meeting, Mr. Sliney implied that you can bend over backward but you can't fall over. The court order calls for 240, this is 256. The • height was 130 feet to the top of the roof line, it did not say the slab. Planning Board Regular Meeting November 13, 1985 Page 3 of 6 • On speaking with two respected Planning Board Members of Boca Raton and Delray Beach, if I were to go by their figures, the top of the roof line would be 147 as against 130 feet by the Court Order, added Chairman Saunders. This was the Judge in our Judicial System, Third Court. The four or five thousand people in this Town are going to look to us for answers as to what did you do for us and to us. We are a Planning Commission. Our duty is to work for them, not against them and I would like to point this out to those making a decision today. Chairman Saunders also stated that the original plans were never signed by the Planning Board members, only by the former Building Official. John Ward stated that he felt the community would be more interested in reducing density than the reduction of height. The best interest of the Town must be considered or else the Court Order must be adhered to if something is not agreed upon today. Doris Rome briefly went over the original approved plans of 1981 that received Building Permits. Mr. Waldman feels this is an excellent plan and would be an asset to the Town and does not see how anyone can criticize this Board with the kind of consciousness that has been exhibited by this Board, especially seeing what has been built in the past. Chairman Saunders stated that past mistakes should not be repeated and • that we should better ourselves. He also stated that he only became aware of the fact today that Ambassadors South was built only four feet from the North property line and has no landscaping on their North border. Doris Rome stated that this board helped draw the present Zoning Code and it should not criticize the present allowable setbacks. She likes the Addison Mizner feeling and the openness, feels it is an attractive building, and we should not repeat the same mistakes made in prior years. It is close to what the Court called for and the units are larger. It reduces the density to 132 units, makes a more expensive unit, and would increase the Town's tax base. Amelie Leng stated that even though it has taken much time, it is the Board's duty to the Town to spend the time to make a correct decision and felt, in the future, the Board may not be thanked for accepting a reduction of only 24 units (132 units) and thought the original plan had more open space, had more space between the buildings, and might be a better plan, but Doris Rome reminded her that there is not a 20 foot setback on the South side on that plan. John Ward stated that that plan was discussed a long time and it was scoured but reminded the Board that it has a duty to the Town not to get involved in unnecessary and frivolous litigation, to cost the taxpayers more money. Our own attorney has advised us that we do not have a good 40 case and Mr. Ward agrees. Planning Board Regular Meeting . November 13, 1985 Page 4 of 6 Attorney Sliney was asked if the Town would have to go into litigation if the original plan was accepted and he stated that it would be between the two parties as to how they settled the court stipulation. The next calendar call is December 5. Chairman Saunders asked for comments from the residents to the South. Several residents of the Town voiced their opinions of dissatisfaction with the project: Mr. Nat Pomerantz (Acting President of Ambassadors South Condominium Association --speaking for the association and himself); Mr. Harold Cohen (Board Member and resident of Ambassadors South); and Mr. Harold Kates (resident of Ambassadors South). Mr. Schmidt added a clarification of fact for the record, setbacks are entirely within the present zoning ordinance, the two easements on the Southside are passage easements and are not deeded easements and are still legally part of the Teron property. A ROLL CALL VOTE RESULTED AS FOLLOWS: Marvin Waldman AYE Doris Rome AYE Amelie Leng NO isJohn Ward AYE Irving Saunders NO THE MOTION CARRIED 3-2. Chairman Saunders added that he likes the architecture in the Addison Mizner style and said to Teron International that the board cannot give them blanket approval because there are certain things on the plan that have to be corrected, if it passes the Town Commission. Doris Rome added that you cannot make any developer give you more than the code requires and they have a perfectly legal right to build according to our code. We have to be realistic, she added and if members of the Board do not like the present zoning code, it is this Board's job to change it. Mr. Waldman (in concurrence with the Chairman and the Board Members) thanked the residents who attended and spoke at this meeting and asked them to come to future meetings to give input, not only when it concerns neighboring properties, but also other properties within the Town. Mr. Futernick added that the roof line is the roof slab as to building height, regardless of what other communities do. Some discussion ensued. • For the members of the Board, Mrs. Rome also thanked the representatives of Teron International for their cooperation and promptness in bringing in the plans today, since they only had a week to prepare them. Planning Board • Regular Meeting November 13, 1985 Page 5 of 6 CHAIRMAN SAUNDERS CALLED FOR A SHORT RECESS AT 11:00 A.M. The meeting reconvened at 11:20 a.m. OLD BUSINESS The Board discussed Building Department procedures with Building Official Bruce Sutherland. A recommendation from the Planning Board will be given to the Building Department, who will forward the recommendation to the Town Manager, who in turn will forward the recommendation to the Town Commission. After much discussion, MOTION was made by Marvin Waldman, seconded by Doris Rome, that the last sentence in Chapter 30 (Zoning Code), Section 10, (Site Plan Review Procedures), paragraph (a) be changed to read 8 months, instead of 18 months. Site plan approval will expire after eight (8) months from the date of final approval. Upon being polled, all members voted AYE. THE MOTION PASSED UNANIMOUSLY. Other items discussed under Building Department procedures were: permit fees (which were increased by Ordinances adopted by the Town Commission in October 1985), adequate setbacks, building height, and decreasing is density, all of which will be further discussed by this Board. The CONSENSUS of the Board Members was to discuss Member John Ward's Memo dated August 6, 1985 (re: Highland Beach Zoning) on the next Regular Meeting Agenda on December 11, 1985. Chairman Saunders stated that the Town Commission asked the Planning Board to review the present Zoning Ordinance and to make recommendations for any changes but the Planning Board has not yet had any time to do so. The Planning Board asked Building Official Bruce Sutherland to give them a list of things wrong with preliminary plans (i.e., items not within Zoning Code, etc.) when received so that before plans are final, they will comply with the Code and Zoning. Mr. Sutherland stated that he will need a minimum of two weeks to review plans if they are for a duplex or triplex, and more time if a larger building project. The secretary was directed by Chairman Saunders to draw up a letter of condolence to be sent to Building Inspector Anthony Abbate and his wife regarding the recent death of their daughter. .7 Planning Board . Regular Meeting November 13, 1985 • 0 Paqe 6 of 6 It was the CONSENSUS of the Planning Board to recommend to the Town Commission that Irving Saunders (term expires in December 1985) be reappointed to another three-year term on the Planning Board. The secretary was directed by the Board to put this recommendation in the form of a Memo to the Town Commission. DISCUSSION REGARDING CONSTRUCTION TRAILERS -SITE PLAN REVIEW AND C.A.B. REVIEW was tabled and will be discussed on -the Agenda of the next Regular Meeting on December 11, 1985. It was noted by Vice Chairman Doris Rome that the agenda for the next Regular Meeting on December 11, 1985 closes on November 26, 1985. There being no further business to be discussed at this Regular Meeting of the Planning Board, MOTION was made by Marvin Waldman, seconded by Doris Rome, to adjourn the meeting 11 �,S3 a.i All voted AYE. A',-T4ST :i� DATE ELK A Irving S!.'Saunders Vice Chairman, Doris R. Rome Marvin Waldman John/At. Ward Amelie Leng