Loading...
1985.11.04_PB_Minutes_Special.f TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD SPECIAL MEETING (RE. ROYAL HIGHLANDS) MONDAY, NOVEMBER 4, 1985 9:30 A.M. Chairman Irving S. Saunders called the Special Meeting of the Planning Board, Town of Highland Beach, Florida, to order at 9: 30 A.M. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, M. A. Waldman, J. Ward, A. Leng, alternates C. H. Bartlett and A. Futernick. Also present were Town Attorney T. E. Sliney, Building Official B. Sutherland, Recording Secretary A. Kowals, Attorney S. B. Moss representing Teron International, Mr. L. Schmidt (Executive Vice President of Teron International) and several Town residents. Chairman Saunders said the purpose of this meeting was to consider, discuss and possibly come to a final understanding for Teron International. Mr. Lorenz Schmidt, Executive Vice President of Teron Interna- tional said he had drawings regarding the 128 unit scheme which • was the subject of discussion at the last meeting (October 9, 1985). Continuing, Mr. Schmidt said he left that meeting with the understanding that Teron had unanimous approval of that scheme. At the Town Commission Workshop Meeting on October 29, 1985, a Planning Board Member requested we consider the possibility of coming back with yet another scheme, said Mr. Schmidt. The Planning Board has three alternatives regarding their formal recommendation, stated Mr. Schmidt. 1 - Recommend the 128 unit scheme to the Town Commission and let the Town Commission introduce its own variables and concerns into the process. 2 - The Planning Board has the alternative of recommending the 156 unit (two tower) scheme that was discussed a long time ago. 3 - The Planning Board has the alternative of telling the Town Commission "We don't recommend anything. We have not been able to come to a conclusion with Teron. The Town Commission must now negotiate with them". There was a great concern expressed by members of the Planning • Board regarding the aperture on the 128 unit scheme. There was some confusion and misunderstanding, continued Mr. Schmidt. ,� ! �. e, C-t PLANNING BOARD is November Meeting November 4, 1985 Page 2 of 8 The plans of February 25, 1985, said Mr. Schmidt, had all the dimensions for those buildings clearly indicated when every member of the Planning Board reviewed them. Mr. Waldman said the members did not realize there was a 341' mass on each building. Chairman Saunders referred to a memo to the Town Commission and the Planning Board, from the Building Inspector (Francis Hamzik) at that time, dated September 10, 1979, enumerating figures that are important but not binding on Teron. Under Ordinance No. 336, Section 4.4 Teron was only allowed 106 dwelling units--Teron requested 156 units. The maximum length was 220'--Teron requested 2401. Under the height, high-rise setback frontage, the North Building had 72'--Teron required 951. The South Building had 94' while the requirement was 95', continued Chairman Saunders. The settlement stipulation of June 17, 1980, which is binding by the court, allows a total length of 240' and total height of 130', said Chairman Saunders. • On July 10, 1985, Town Attorney Sliney stated "The legal issue is whether the stipulation of 1980 is to be enforced". Mr. Schmidt was asked by Chairman Saunders if Teron International intends to follow the court order as set forth by the judge on June 17, 1980. Attorney Moss, counsel to Teron International, said Teron is prepared to go to court and build the 156 unit building in accord- ance with that site plan, if that is the wish of this Planning Board. Vice Chairman Rome stated she was dismayed when she looked at the final plans for the 128 units dated February, 1985, because of the aperture. It was Mrs. Rome's idea that if they go back to the 132 unit plan, which Mr. Schmidt offered, which had an aperture of 190' (which we were willing to take on the 128 unit plan); and Teron eliminated that 84' third tower on the South building, that 84' could be added in the center for a larger aperture or divided up and placed on each end of the North and South property line to create set- backs where there are none. Mrs. Leng questioned if the plans Mr. Schmidt agreed to submit where the buildings were pushed together with nothing changed too . much had been submitted. PLANNING BOARD • Special Meeting November 4, 1985 Page 3 of 8 Mr. Schmidt replied Teron did exactly as discussed --the 20' between the buildings on the North and the buildings on the South were removed and added to the center aperture which is 148111". Instead of four buildings, there are two buildings. Mrs. Leng then asked the Building Official if they were the same plans that the Planning Board Members approved at their last meeting. Building Official Sutherland said they are the same plans except the center aperture was increased from 108' to 1481. The build- ings have the same base. The Planning Board Members, continued Mr. Sutherland, reviewed the plans and made their decision in favor of the 128 unit project. Mr. Waldman said the problem with the plan was 682' of building on a parcel that is 891' long. After a brief recess, Chairman Saunders reconvened the meeting at 10:25 A.M. Vice Chairman Rome said she reviewed the plans on the table and . pulled out the plan for the 138 units. Distributing the 8 units on each tower leaves an aperture of 241' with the North Building and the South Building being 246' long. Removing the third tower would provide extra footage for the North and South setbacks from the property line. Mr. Waldman said this plan would be for 132 units which would permit 78' of open space between Ambassadors South and the walls of Royal Highlands. When Chairman Saunders asked if the members would accept that plan, all replied in the affirmative. Mr. Harold B. Cohen, a resident at Ambassadors South, addressed the board and stated his windows will face Royal Highlands. Erecting an Addison Mizner project on that site will not be in proportion with the other neighboring structures. Mr. Cohen said he would rather face the original 156 unit project. Mr. Nat Pomerantz, 1st Vice President of Ambassadors South Assoc., said he lives next to this development and would be happy to see it developed. I believe, said Mr. Pomerantz, the Planning Board has an obligation to see that the developer lives up to the setback and code requirements. Town Attorney Sliney said there is a court order but the informa- • tion and the content that went into the court order was determined by the people who, at that time, were working for the respective 0 PLANNING BOARD Special Meeting November 4, 1985 Paae 4 of 8 sides. The court basically adopted that court order which is valid. Continuing, Attorney Sliney said he has taken the posi- tion that we can vary what the court order says. We have to start voting on one of the alternatives proposed by Mr. Schmidt earlier in this meeting, said Attorney Sliney, or the fourth alternate which the Planning Board seems to want which is for 132 units. The side setbacks and some of the other issues are issues we deal with once we get the concept down to where we are going. When Mr. Schmidt said he didn't understand what Mrs. Rome was talking about regarding the 132 units, Mrs. Rome explained the plans are dated September 19, 1985, calling for a total of 138 units. We wanted the 14 unit building removed, making it 124 units, said Mrs. Rome, and Mr. Schmidt wanted to put back 8 units for a total of 132 units. After much discussion, Mr. Waldman said the Planning Board is con- cerned with the mass of the building being 341' long. Mr. Schmidt said the Planning Board is not concerned with the mass of the building, they are concerned with the length of the building. Mr. Ward said the Planning Board is not going to initial plans this morning as was hoped. Suppose, continued Mr. Ward, we give you certain guidelines (length, aperture, setbacks, number of units, height, etc.) would that simplify your problem and would that be acceptable to you? Mr. Schmidt answered that it would give Teron something to work with. Mr. Ward stated the aperture should be 241' and each building 246' with a height of 137.5'. Regarding the setbacks, Mr. Ward said the Building Official should have some input. The total number of units would be 132. Mr. Schmidt said he is not sure they can work with the 246' build- ings;however, if you recess briefly, I will take these plans and consult with my architect so I will be able to give you a reason- ably clear answer if that will or will not work. Following a brief recess, Chairman Saunders reconvened the meeting at 11:55 A.M. After consulting by phone with his architects, Mr. Schmidt said he had a fourth alternative for the Planning Board to consider; how- ever, Mr. Schmidt could only describe it in shape (in dimensional terms). The ultimate shape of the building will have to be left up to the architect. 0 PLANNING BOARD Special Meeting November 4, 1985 Page 5 of 8 Mr. Schmidt said he would propose and be pleased to accept the following: 1 - We will accept the side yard setbacks as per the Town's new code in regard to the angular plane so we can conti- nue to step the building. 2 - We are proposing a length of 257' per building for two buildings. 3 - The building depth would be 72', face to face, which is exactly as shown on the 128 unit scheme. (We would take the buildings as per the 128 unit scheme and move every- thing back against the Coastal Construction Line in order to increase the front yard area.) 4 - We would like to have the flexibility of having one addi- tional floor for the purpose of being able to step build- ings, when we step the building. By having the addition- al floor flexibility, that allows us to break the roofs at half bays. It would be 146' to the top of slab for the highest projection for the two buildings. (That would only occur on two bays). 5 - Finally, whatever is left over goes into the center; but in any event, can not be less than 200'. Obviously, said Mr. Schmidt, after we've accomplished the side yard setback which is an unknown right now (because we want the building to continue to have a layered shape to it), whatever is left over, after you take the length of the building in account, will all go into the middle. Mr. Schmidt said he is trying to formulate it so that if we follow the code requirements on the side yard setbacks on the North and South side, if we fix the length of the building, that will, by definition, then fix the aperture. When Mr. Waldman questioned the size and number of units Teron expects to have, Mr. Schmidt said there will be 132 units with an average of 2,300 sq. ft. of air conditioned area. Vice Chairman Rome suggested Mr. Schmidt have the drawings for this concept, showing the elevations, the site plan, the dimen- sions around the building, by the next Regular Meeting of the Planning Board on November 13, 1985. Mr. Schmidt stated Teron can not wait until November 13 for a final decision. PLANNING BOARD • Special Meeting November 4, 1985 Page 6 of 8 Vice Chairman Rome said the Planning Board can hold a Special Meeting and the Town Commission said they would hold a Special Meeting. I can not approve another concept. I like what you just said, continued Mrs. Rome, but I don't know if I'll like it when I see it drawn out. Mr. Ward said he believes we have an agreement but we must see it in writing. Mr. Schmidt said he must have a decision which says the Town of Highland Beach agrees with this approach for this kind of a build- ing. There has to be a closure to this at some point, continued Mr. Schmidt. What I need to know, said Mr. Schmidt, is that I have a planning frame -work that is approved by the Planning Board, Town Commission and the Community Appearance Board; and, all I need to do now are the working drawings required for a building permit. There is one active permit that I do wish within the next 30 days and that is the seawall permit so I can start moving earth. Building Official Sutherland said the code states the seawall, piling and building permits must be issued at the same time. • Mr. Schmidt said he understands that and that is why in the pro- posed settlement stipulation, to handle this change, one of the codicils added was that Teron would be able to break that permit process up. Mr. Waldman said we will make a final decision on November 13 (either approve this plan or not) and we agree not to let it go beyond that date, as far as the Planning Board is concerned. Con- tinuing, Mr. Waldman said if the Planning Board can not agree, we will send you to the Town Commission. Mr. Schmidt, addressing Attorney Sliney, said he is prepared to attend the November 13 meeting to show the drawings if the Town Attorney can assure Teron that there is a legal mechanism that on the 14 or 15, at the latest, there will be a final meeting with the Town Commission to ratify what was ratified on the 13. That will then provide Teron with their planning frame -work leaving Teron with one thing left to do --create the working drawings or achieving the building permit on the original court stipulated building. Attorney Sliney said that if there is an agreement on November 13, I feel confident that the Town Commission will call a Special Meeting shortly thereafter to wrap this matter up. • PLANNING BOARD • Special Meeting November 4, 1985 Page 7 of 8 Attorney Moss said.Mr. Schmidt will have a site plan and the front elevation by November 13 within the dimensions expressed today; and at that time, a determination as to whether or not there can be an agreement by the Planning Board will be made. The Town Commission will then, within a very reasonable short period of time, hold a meeting. If the plan fails for whatever reason, continued Attorney Moss, can we agree today that Teron may fall back on the 156 unit plan with the modifications Mr. Schmidt is prepared to elaborate today with you? Following the lengthy discussion, the Planning Board Members were ready to propose a MOTION. Vice Chairman Rome made a MOTION, seconded by Mr. Waldman, that Teron International submit plans by November 13, 1985, for Royal Highlands Development. Said plans shall be: 1 - According to the side yard setbacks as per the present day Building Code. 2 - Building length shall be not more than 257' per building. • 3 - The building shall be 72' in width and up to the Coastal Construction Control Line. 4 - That there will be flexibility to add one additional floor up to a maximum height of 146' to the roof line (not to exceed 14 living floors). 5 - Whatever is left after the side setbacks, agreeing with the zoning code, will be put into the center aperture between the North and South Building, which aperture can not be less than 2001. 6 - The buildings will contain no more than 132 units total, with an average of 2,300 sq. ft. Air Conditioned area per unit. 7 - If the plans meet with the approval of the Planning Board, the plans will be submitted to the Town Commission together with a recommendation that they hold a 'Special Meeting' as soon as possible. A roll call vote resulted as follows: Mrs. Leng ono' Mr. Waldman 'aye' Mrs. Rome Faye' Mr. Ward Faye' 40 Mr. Saunders 'no' PLANNING BOARD Special Meeting • November 4, 1985 Page 8 of 8 Chairman Saunders said Teron has a resolution, their work is cut out and we will meet again on November 13, 1985, at 9:30 A.M. Chairman Saunders adjourned tt A] • 0 D. R. Rome, Vice Chairman M. . �.Waldman J. Ae. and Amelie Leng L