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1985.10.02_PB_Minutes_Special• TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD SPECIAL MEETING - ROYAL HIGHLANDS OCTOBER 2, 1985 9:30 A.M. Vice Chairman Doris Rome called the Special Meeting of the Planning Board, Town of Highland Beach, Florida, to order at 9: 30 A.M. The Special Meeting was requested by Teron International for the purpose of reviewing new plans submitted for the Royal Highlands Project. The recording secretary called the roll. Present were Vice Chairman D. R. Rome, M. A. Waldman, John Ward, Amelie Leng, alternate C. H. Bartlett and alternate Abraham Futernick. Chairman Irving S. Saunders was absent from this meeting. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, Building Official Bruce Sutherland, Recording Secretary Anne Kowals, Attorney Stephen B. Moss representing Teron International, Mr. Lorenz Schmidt (Executive Vice President of • Teron International) and several Town residents. Vice Chairman Rome welcomed Mr. Abraham Futernick who was appointed an alternate to the Planning Board on October 1, 1985. Mr. Lorenz Schmidt, Executive Vice President of Teron Internation- al, addressed the members and briefly went over the alternative presentation recently submitted. Teron tried to incorporate some of the concerns of the Planning Board Members voiced at the last meeting, said Mr. Schmidt. The new proposal is for 138 units, continued Mr. Schmidt, with the site plan configured as follows: NORTH BUILDING - 62 units - 13 living levels above 2 levels of parking. The central area was opened up to 241' with the last 60' of the 241' dropped to a one story level. The 60' correlates with the dimension of the one story recreation building on the original Schwab & Twitty plan. SOUTH BUILDING - 76 units - (total of 138 units combined). We have used the Misner approach. To remove any clutter in regard to the site line, the pergola and various structures were eliminated from the central deck area. The recreation area was reallocated up into the buildings so they are • partially in the buildings and partially on the deck. PLANNING BOARD • Special Meeting October 2, 1985 Page 2 of 6 There is approximately a 20% reduction in the massing of the site in this proposal as opposed to the previous submittals, said Mr. Schmidt. The facial plane of the buildings was reorganized to create more sky in the center and on the outside of the buildings. The aperture between the two buildings is 241' as against 292' in the original proposal, said Mr. Schmidt. When the 50' differ- ential was questioned, Mr. Schmidt said it was added to the South Building for the 14 units. The aperture would be 320' without the 14 units on the South Building. The tallest tower, said Mr. Schmidt, is 2 parking levels with 13 living stories for a total of 15 stories which is in the height limit of the settlement stipulation. The settlement, as stipulated by the court, indicates a maximum height of 137.5' which is calculated to the top of the slab of the roof and never includes protrusions created by things like elevator towers and such, said Mr. Schmidt. This concept stays within those dimensions. is which Schmidt said a total of 254 parking spaces have been provided which is slightly in excess of what the original stipulation required. Mr. Waldman said the Town Ordinance now calls for two parking spaces per unit and questioned the Town Attorney if that would effect these new buildings. Town Attorney Tom Sliney said the new ordinance would not apply in this case; but, if we could get more parking spaces, it would be beneficial for the Town and the developer. Vice Chairman Rome said that she found the 1.5 parking space was sufficient if the developer did not sell an extra parking space with each apartment and kept that extra half space for guest parking. With the South Building being larger than the North Building, Mrs. Rome asked if Teron would willingly remove the extra stack on the South Building to open up the aperture to 3201. Mr. Schmidt said the 14 units could be redistributed on both buildings to pick up 82' in the center to create an aperture of 3201 by using the same step configuration and adding on another floor. isMr. Waldman suggested eliminating the 14 units entirely, make the apartments a little larger, get a little more money and come out with the same profit PLANNING BOARD • Special Meeting October 2, 1985 Paae 3 of 6 Mr. Ward said Teron would get 6 units on the South Building and 6 units on the North Building with the additional floor which would be almost at the level of the gable tower. Vice Chairman Rome suggested adding just one level on each side of the center's core for an additional 4 apartments to each building. Mrs. Leng said she would like to see the South and North Units looking the same. If you eliminate the 7 story building, you would have the space, you would solve your parking and you would have a nice looking, very saleable project. When Mr. Ward questioned the status of the seawall, Mr. Schmidt said their permit is still valid as it was recently renewed and presents no problem. Mr. Waldman said the members pretty well agreed that if the one 7 story building was eliminated, the Planning Board would look kindly towards the project if the units were not redistributed. Mr. Ward said both Teron and the Planning Board Members are • anxious to get on with this project. If Teron were to eliminate that tower, I would vote in favor of this project, said Mr. Ward, and not worry about little things like parking, etc. There are a few discrepancies which are not in accordance with the court stipulation and we could close our eyes to those, continued Mr. Ward, if Teron feels that 124 units is acceptable. Vice Chairman Rome said she would agree with Mr. Ward. Mr. Schmidt said if the apartments are widened by one foot as suggested, the aperture would be reduced from 320' to 3081. Vice Chairman Rome said 308' is more than the court ordered and would afford a nice view of the ocean while allowing Mr. Schmidt the opportunity to make his units larger. And, it is far more than the 241' indicated in this new proposal. Mr. Waldman said he feels kindly towards that and asked for Mr. Sliney's opinion, as well as the opinion of the Building Official. Attorney Sliney said he had no problems with that legally; however, if there is any agreement on this, we would have to go back and amend the original stipulation or prepare a new one. Mr. Sutherland, the Building Official said that solution was the isbest available and would give the Town the maximum in the area of the aperture. PLANNING BOARD • Special Meeting October 2, 1985 Page 4 of 6 Mr. Ward asked what the legal process would entail. Town Attorney Sliney said the stipulation of 1980 is on the books so we either do an amendment to that or prepare an entirely new stipulation. Then, continued Mr. Sliney, we present it to the judge for approval. Attorney Moss said that both Mr. Sliney's law firm and his law firm would work out the language and the details legally to make it effective for both parties. After a brief recess called by Vice Chairman Rome, the Special Meeting of the Planning Board reconvened at 10:40 A.M. Mr. Schmidt said he consulted, by phone, with some of his people and is prepared to propose going with 132 units by redistributing the 8 units on two towers. The aperture will be about 308' which allows wider units, making the buildings a little longer without any'height differential. Continuing, Mr. Schmidt said 4 units would be added to the North Building and four units would also be added to the South Building. • The length of the South Building would conform to that of the North Building and the maximum height would remain 137.51. Vice Chairman Rome requested members comment on the latest proposal. Mr. Bartlett said he feels Teron made a determined effort to.meet the many requirements the Planning Board indicated were desirable and proper. He hoped they would go all the way with the suggestion made prior to the recess; however, if that is impossible financially, continued Mr. Bartlett, he would be inclined to accept this proposal. Mr. Waldman stated he does not like it. If Teron would eliminate that building, enlarge the apartments as suggested, he could go for it, continued Mr. Waldman. Mrs. Leng said she would like to see the building removed from the South Building with nothing but the 12' added to make the apartments bigger. Mr. Ward stated he was naturally disappointed. The new proposal is not acceptable --I hoped Teron could live with 124 units, continued Mr. Ward. Mrs. Rome said she liked the Misner touch and what was first • proposed; i.e. that Teron do away with that stack. I'm sorry, continued Mrs. Rome, that Teron can't go along with the proposal made before Mr. Schmidt made the phone call. PLANNING BOARD is October Meeting October 2, 1985 Page 5 of 6 Attorney Moss said he was disappointed that a mutual agreement on what was proposed had not been reached. We have a trial date of a two week period beginning October 15, said Mr. Moss, and I doubt we will have an opportunity to meet again unless there is some basis for going before the Town Commission. Town Attorney Sliney said it is his opinion that we're in a reasonable shape to probably get this matter settled without court action. I propose, said Mr. Sliney, that both sides go to Judge Sholts and request to be scheduled for his next non -jury calendar to allow us to talk some more. Attorney Moss stated he would have to discuss that before making a decision because they do not want to continue the delay process of having the court determine the matter if they can't determine it themselves. If the judge could put us on the calendar, continued Mr. Moss, some time in a reasonable future, perhaps we could agree to that. Attorney Moss said he would be talking to Town Attorney Sliney's office between now and the llth of October. Attorney Sliney requested Mr. Moss do that as soon as possible as the Town Commission is aware of the situation and most of the • commissioners have reviewed the plans knowing they will be brought into this process in the very near future. As we're in the range of resolving this matter, continued Mr. Sliney, it would be better if we could get off this trial calendar. Mr. Waldman suggested raising the tall towers one floor each to add 4 more units. To this, Mr. Schmidt replied that Teron would be losing another 4 units. Continuing, Mr. Schmidt said Teron reduced the units by 18 initially plus another 6 units. There is no other alternative, said Mr. Schmidt, 132 units is all I can do. It will have to be left up to other people to make the decision. The Planning Board Members were asked, once again, for their comments. Mrs. Leng said she would vote for the project if Teron took away that stack from the South Building. Mr. Ward repeated his disappointment because the differential is just 8 units. Mr. Bartlett said he does not change his position at all --the plan is acceptable to him. • Mr. Waldman said the fact that the board is concerned with appearance and density makes it very desirable for developers to want to build in Highland Beach. If you had a different board, your property would be worth 50% less because you would see PLANNING BOARD • Special Meeting October 2, 1985 -Page 6 of 6 nothing but skyscrapers on either side of you. The fact that we are trying to protect the looks of the Town really works in your favor. It enables you to get much more for your units, continued Mr. Waldman. I can't see why you can't come out smelling like a rose with 124 units. Mrs. Rome said she prefers 124 units, but in order to settle this matter, she was trying to split it. Continuing, Mrs. Rome said she likes the look of the North Building much better than the South Building and she is sorry that some agreement was not reached. Attorney Sliney reiterated what he said to Attorney Moss previously, adding that with a regular meeting of the Planning Board coming up on October 9, it might be worthwhile for Mr. Schmidt and the members to caucus at that time. Mrs. Rome invited Mr. Schmidt to attend the Planning Board Meeting scheduled for October 9, 1985, and requested Teron be placed on the agenda. Mr. Moss questioned the agenda process and was advised that the • agenda for the October 9, meeting is closed. However, in a spirit of getting together, the members would be happy to waive the closing of the agenda and include Teron on the agenda for the meeting so that perhaps some equitable understanding could be reached. Mr. Moss requested Teron be placed on the agenda and said he will be in touch with the Town as to whether they will attend or not. The special meeting of the Planning Board was adjourned at 11:10 A.M. APPROVED: (ABSENT) I. S. Sau ers, airman / D. R. Rome, Vice Chairman rJ M. A Waldma A tt-e$ t: J . Ward r� • J amk Amelie Len CC. H. Bartlett