1985.10.09_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
iPLANNING BOARD - REGULAR MEETING
OCTOBER 9, 1985 9:30 A.M.
The Regular Meeting of the Planning Board of the Town of Highland
Beach, Florida, was called to order at 9:35 A.M. by Vice Chairman
D. R. Rome.
The recording secretary called the roll. Present were Vice
Chairman D. R. Rome, M. A. Waldman, J. E. Ward, A. Leng and
alternate member C. H. Bartlett.
Absent from this meeting were Chairman I. S. Saunders and
alternate member A. Futernick.
Others present were Town Attorney Richard Barkin, Building
Official Bruce Sutherland, Recording Secretary Anne Kowals,
Architect Randall Stofft representing Stasinos Duplex, Attorney
Stephen B. Moss and Executive Vice President Lorenz Schmidt (re-
presenting Teron International) and several Town residents.
Mr. Waldman made a MOTION, seconded by Mr. Ward, to approve and
accept the minutes of the Special Meeting (Re. Boca Hi RPUD) and
Regular Meeting held on September 11, 1985, as written. All
members were in favor of the MOTION.
• OLD BUSINESS
STASINOS DUPLEX, 4320 SOUTH OCEAN BOULEVARD, LOT 16, BLOCK 1, BEL
LIDO SUBDIVISION, ARCHITECT RANDALL STOFFT PRESENT.
Vice Chairman Rome read into the minutes a memorandum dated
October 8, 1985, from the Building Official to the Planning Board
regarding the Stasinos Duplex advising that the plans are in
compliance with all Town and Code requirements.
Architect Randall Stofft, representing Mr. Stasinos, placed the
plans on the table for the members to review.
Mrs. Leng questioned the possibility of a problem caused by noisy
condensers placed on the property outside the building. Architect
Stofft said with the required 20' setback and the buffer hedge
that will be planted, there should be no problems with the
condensers.
Explaining the plans, Architect Stofft said the two bedroom, con-
vertible den apartments will each be 2,751 square feet of living
space. The swimming pools will be located at the rear of the pro-
perty. A circular driveway will necessitate two 12 feet
entrances.
0 The landscape architect is Michael Caster, continued Mr. Stofft.
Fr, r
PLANNING BOARD
• Regular Meeting
October 9, 1985 Page 2 of 8
Architect Stofft said the permits would be pulled after all ap-
provals are received and construction would commence within the
next 30 days.
After thoroughly reviewing and discussing this matter, the members
were ready to act on this application for a site plan review.
Mr. M. A. Waldman made a MOTION, seconded by Mr. C. H. Bartlett,
to accept the plans prepared by Randall E. Stofft Design Asso-
ciates, dated 9/24/85, for the Stasinos Duplex.
A roll call vote resulted as follows:
Mr. Bartlett 'aye' Mr. Leng 'aye'
Mr. Waldman 'aye' Mr. Ward 'aye'
Mrs. Rome 'aye'
ROYAL HIGHLANDS, LOTS 20 - 28, ATTORNEY STEPHEN B. MOSS AND EXECU-
TIVE VICE PRESIDENT LORENZ SCHMIDT, REPRESENTING TERON INTERNA-
TIONAL WERE PRESENT.
Vice Chairman Rome said at the last meeting with Royal Highlands,
a differential of 8 units prevented an agreement. Is it
ispossible,asked Mrs. Rome, to split it down the middle to make a
total of 128 units?
Mr. Lorenz Schmidt, Executive Vice President of Teron Interna-
tional, said after much research, Teron concluded it would be
happy to go with 128 units, based on the original proposal sub-
mitted on February 25, 1985. It is the most textured proposal
that is closest to the Misner design and was reviewed at the
Planning Board Meeting on March 13, 1985.
Continuing, Mr. Schmidt said that proposal was for four buildings
which would be 11 stories tall for the top four units, on top of
a two story garage, with the structures being stepped down for
other units to allow the opportunity to create terraces. The
height of this proposal would be 131' from ground level and 138'
from sea level.
This proposal permits two full parking spaces per unit. The two
bedroom apartments are 2,318 sq. ft. while the three bedroom
apartments measure 2,351 sq. ft. These measurements do not
include the balconies.
Mr. Schmidt said the proposal reviewed at last weeks Planning
Board meeting was for 138 units in two towers (one tower was off-
set with 14 units). The Planning Board did not like the 14
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units.
His final suggestion at that meeting, said Mr. Schmidt, was for
132 units, based upon the discussion for that character of a
building.
PLANNING BOARD
Regular Meeting .
October 9, 1985 Page 3 of 8
When the proposal for 138 units was discussed at last week's meet-
ing, the Planning Board was concerned with the 14 units on the
South Tower. Therefore, they subtracted the 14 units and we ended
up with 124 units. That's where we left the meeting, continued
Mr. Schmidt.
Mr. Schmidt said he has a concept sketch for the 132 unit scheme
showing the missing units redistributed into the tower. This
sketch eliminated the side building on the South tower creating an
aperture in the center of 292'
When Mr. Waldman asked if it would be financially feasible to use
this plan and reduce it to 128 units, Mr. Schmidt said it is not
possible.
Mr. Ward mentioned the concept sketch provides an aperture of 292'
while the February 25, 1985, proposal has an aperture of 160'
Mr. Schmidt said if the two buildings on either side of the
February 25, 1985, plan were pulled together, another 40' would
be added to the aperture for a total of 200'. And, this would
eliminate the 'wind tunnel'.
• Town Attorney Richard Barkin said if the Planning Board would
accept the 128 unit plan which involves pulling together the two
buildings to eliminate the 'wind tunnel', Mr. Schmidt would
perhaps submit a final drawing of that plan. And, perhaps Mr.
Schmidt would advise his attorneys so we could strike the current
trial set for October 11, at least until Judge Sholts' next trial
docket.
The Planning Board Members gathered around the table to discuss
the plans. There was much discussion outside the hearing of the
recording secretary.
After a brief recess, the meeting reconvened at 11:10 A.M. and
members were ready to propose a MOTION.
Mr. Waldman made a MOTION, seconded by Mr. J. E. Ward, that the
Planning Board accept the drawings of Teron International, dated
the 25th of February, 1985, of the 128 unit concept with a
stipulation that the aperture of 20 feet between the North
Buildings and the 20 feet between the South Buildings be elimi-
nated and the resulting 40 feet be added to the space between the
two main buildings.
Vice Chairman Rome said a MOTION is on the floor and discussion is
in order.
Vice Chairman Rome mentioned the beach erosion and the seawall
Teron is to construct at the site. Mr. Schmidt stated Teron will
build entirely and precisely according to the law and will meet
all the requirements of the state.
Fr -
PLANNING BOARD
• Regular Meeting
October 9, 1985 Page 4 of 8
Attorney Stephen Moss, of Holland & Knight, representing Teron
International, said the only changes in the MOTION with respect to
the plans that have been described and identified in the MOTION,
have to do with the 20' apertures shown on the plans. These would
be closed and that additional 40' would be utilized to expand the
aperture in the middle of the project between the two residential
buildings.
Everything else the plans have called for, continued Attorney
Moss, will be agreed to and recommended by the Planning Board.
Attorney Moss said they must have an agreement that is not going
to be a conceptual approval. The calendar call is set for this
Friday at which time a court date for the next two weeks will be
set. We do not want to postpone that date --we need an approval --
the only conditions are going to be what we've discussed, conti-
nued Attorney Moss.
Town Attorney Barkin asked if Attorney Moss would agree to file a
joint stipulation striking the case from calendar call on Friday,
assuming the Planning Board gives the approval to the plan with
the conditions outlined.
is
Attorney Moss said the attorneys should see the judge at calendar
call on Friday. I will give you what I think is fair and reason-
able for both parties, continued Attorney Moss, and what ought to
be done in respect to the court.
Conditions to our accepting the settlement proposal, said Attorney
Moss, are as follows:
"l. A status quo of the litigation regarding the previously
approved site plan should be maintained.
2. The proposed agreement modifying the previously approved
settlement stipulation shall be acceptable to Teron both
in form and in substance. That agreement will be drafted
by your counsel and our law firm.
3. The form and substance of the court approval will be ac-
ceptable to Teron. Your counsel and we would submit our
proposed amendment to the settlement stipulation to the
court. The court has a right to make its own decision.
That decision has to be acceptable to us and the Town, as
well.
4. We would present the settlement proposal to the court at
the date that is set for our trial this month so that at
• the calendar call on Friday, we would get our date. We
would request the judge place it towards the end of his
calendar so that your counsel and we can prepare that
document, have it drafted in a format, so we can show it
to the judge, at that time.
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PLANNING BOARD
Regular Meeting
October 9, 1985
Paqe 5 of 8
5. The proposal should specify Teron has two years to build
the project from the date that permits are pulled. The
Town must acknowledge Teron will need some period of time
to prepare its building plans in final format. We will
work with your building department on final plans and
that will take time (our client estimates 4 to 6 months
to complete all the plans). Somewhere within that period
of time, Teron would pull permits and then have two years
to build it.
6. Has to do with the requirement of Town Commission ap-
proval. We need to specify an outside time frame within
which we know that approval will be received or not
received."
Attorney Barkin said he is concerned with #4. If Teron receives
definite approval of their plans from the Planning Board, said Mr.
Barkin, I suggest The Town and Teron agree to go in Friday to in-
dicate we have arrived at a settlement --we are getting the final
documents together for the judge to place it on his next non -jury
docket.
Attorney Moss said the concern is time. Not knowing when the
judge's next non -judicial calendar is, it may be that the judge
may not be able to reset it for trail for quite some time.
Attorney Barkin said it is not too much to ask in return, if the
Planning Board is willing to give definite approval, that it be
placed on the next non -jury calendar.
Attorney Moss reiterated some outside date must be agreed to that
is comfortable for the Town and Teron; and, if we don't have an
agreement by that time, we go into court.
Commissioner Stewart who was in the audience, said the first re-
quirement is for a full scale of drawings to be submitted to the
building department within ten days or less so that everyone has a
chance to review them.
Building Official Sutherland said the plans need to be adjusted
with the center opened up and the drawings must be in completed
form. Changes that were discussed should be put into the new
plans and should be submitted within ten days to permit the
Commissioners time to review them prior to the Workshop Meeting of
October 29.
Attorney Moss asked if after the Town Commission Workshop Meeting
on October 29, and their Regular Meeting on November 4, will there
isbe need for any additional meetings; or can it be resolved by the
4th.
PLANNING BOARD
• Regular Meeting
October 9, 1985 Page 6 of 8
Mr. Bartlett questioned if Teron must go before the Community
Appearance Board with their plans.
Mr. Lorenz Schmidt said the Community Appearance Board reviewed
this scheme which they approved but did not sign off. There will
be no alteration in the landscaping plan, continued Mr. Schmidt.
Teron was advised that the agenda for the Community Appearance
Board Meeting on October 31, 1985, at 9:30 A.M. closes at noon on
October 15, 1985.
After a brief recess, the meeting reconvened at 12:04 P.M. at
which time Attorney Moss requested Mr. Williams to express the
time frame as to when the Town Commission will meet, how many
meetings are necessary so Teron will know when the final approval
will actually be granted.
Town Manager Williams said the concern of the Town Commission is
that they have plans in adequate time to review them. Their next
Workshop Meeting is scheduled for October 29. If we have a full
set of plans no later than October 21, at the close of the busi-
ness day, we would place Teron on the agenda for the October 29,
Workshop Meeting. That, continued Mr. Williams, will put them in
• a position for some sort of action to be taken by the Town Commis-
sion at their Regular Meeting on the 4th of November.
Attorney Moss asked if the Planning Board would have a Special
Meeting between October 21 and November 4, to review, approve and
stamp those plans so that everything can be resolved prior to the
Town Commission Regular Meeting on November 4. The Town Commis-
sion can then sign the agreement that the Town Attorney's Office
and Holland & Knight's office will be working on in the interim.
Town Manager Williams suggested the Planning Board consider a
Special Meeting the morning of November 4th for a quick review and
signing of those plans. So, when Teron comes to the Town Commis-
sion on the 4th, said Mr. Williams, there would be a complete
package.
Attorney Moss said the next non -jury calendar is December 5th and
it would be fair to agree that we enter into a joint stipulation
to present to the court at this calendar call with the under-
standing that we ask the court for first priority to be on the
non -jury calendar beginning December 5.
Attorney Barkin agreed to that saying it was reasonable.
Attorney Moss said we would stipulate to the court that this
is and
would be without prejudice to either party's position;
and matters are to be resolved by November 4th. If the Town
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PLANNING BOARD
Regular Meeting
October 9, 1985 Page 7 of 8
Commission is not in a position to execute the settlement agree-
ment prepared by the Town Attorney's Office and Holland & Knight's
office, either party would then have the right to proceed with
that trial date and go to the calendar call on the 5th. We can
agree to extend it further; but if all goes well and your
recommendation is approved by all other appropriate bodies, the
Town Commission could sign the amendment to the settlement
stipulation on November 4th, 1985.
Attorney Barkin suggested a draft of the settlement stipulation be
forwarded to the Town Commission in advance of the October 29,
Workshop Meeting so that any problems with wording can be resolved
by the November 4th, Regular Meeting of the Town Commission.
Mr. Lorenz Schmidt said that regarding the Community Appearance
Board, the difference between the planting plans which are already
completely prepared and pulling the building together are so
minuscule, is it necessary to prepare new landscaping plans?
Building Official Sutherland said the Community Appearance Board
would prefer to have drawings showing the buildings as they will
be.
Vice Chairman Rome said she sees no reason why landscape plans
from one set of plans can't be presented with another set of plans
as long as they are complete plans.
Attorney Moss said he would request, in writing, to be placed on
the agenda for the October 31, 1985, Community Appearance Board
Meeting at 9:30 A.M.
Town Manager Williams said he will make arrangements to have Teron
on the agenda for the Town Commission Workshop Meeting on October
29th and the Regular Meeting of the Town Commission on November
4th, if the plans are in the building department by the close of
business on October 21st.
The recording secretary was instructed to place Teron Interna-
tional on the agenda for the Special Meeting of the Planning Board
on November 4, 1985, at 9:30 A.M.
Vice Chairman Rome said there is a MOTION on the floor, it has
been seconded, all the stipulations have been discussed and it is
now time for a roll call vote.
Attorney Moss said the items discussed and Teron's position, as
expressed today, would be conditions for Teron accepting the
MOTION as was discussed and agreed.
Attorney Barkin said the conditions that we expressed are condi-
tional to their accepting the MOTION which is being voted on
based upon the agreement which we reached today.
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PLANNING BOARD
Regular Meeting
October 9, 1985 Page 8 of 8
Attorney Barkin said that based upon the agreement reached today,
he intends to begin working on the settlement stipulation and
would presume that if the unthinkable were to happen on the 4th of
November, and for any reason this agreement were to fall apart, he
could resume deposing witnesses. Of course, the same would apply
to Teron as well.
Attorney Moss agreed with Attorney Barkin's last comment.
At the request of Vice Chairman Rome, the recording secretary
polled the members.
Mrs. Leng 'aye' Mr. Bartlett 'aye'
Mrs. Rome 'aye' Mr. Waldman 'aye'
Mr. Ward 'aye'
Vice Chairman Rome thanked the gentlemen for coming and stated
that all have worked hard on this settlement. The Town should be
pleased, continued Mrs. Rome.
Mr. Lorenz Schmidt expressed his appreciation.and thanked the
Planning Board for their perseverance.
The next Regular Meeting of the
November 13, 1985, at 9:30 A.M.
29th of October at noon.
Planning Board is scheduled for
with the agenda closing on the
A MOTION by Mr. Waldman to adjourn the meeting was seconded by
Mr. Ward.
Vice Chairman Rome adjourned the Regular Mee
Board at 12:30 P.M. f1
A,t/t eA t
c
Date: �17
1
APPR
tea.
e Planning
D. R. Rome, Vice Chairman
i 7 l J�ic
`M. A. Waldman
WE. rd
Amelie Leng
C. H. Bartlett