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1985.09.11_PB_Minutes_Speciald. r TOWN OF HIGHLAND BEACH, FLORIDA . PLANNING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING (RE: BOCA HI RPUD) AND REGULAR MEETING Wednesday, September 11, 1985 9.30 A M. The Special Meeting of the Planning Board, Town of Highland Beach, Florida, was called to order at 9:30 a.m. by Chairman Irving S. Saunders in the Commission Chambers at Town Hall. Present were: Chairman I. S. Saunders, Vice Chairman D. R. Rome, M. A. Waldman, John Ward, and Alternate C. H. Bartlett. Regular Member Amelie Leng was absent. Also present were: Town Attorney Thomas E. Sliney, Acting Recording Secretary Elizabeth L. Kolek, Developer Thomas L. Delaney, Boca Hi Attorneys Tom Gustafson and Glenn Goldstein (Ruden and Barnett Law Firm), Bruce Berman (Citicorp representative), Attorney Mark B. Schorr (Braemer Isle Condominium Inc. representative), and members of the general public. • Chairman Saunders stated that previous minutes will be approved later at the Regular Meeting and also that the Talent Bank Applicants present will be interviewed later at the Regular Meeting of the Planning Board. Chairman Saunders announced the purpose of the Special Meeting which was to consider extending the time limit for the Boca Hi RPUD: A SPECIAL MEETING HAS BEEN CALLED BY THE PLANNING BOARD TO CONSIDER THE REQUESTS FOR AN EXTENSION OF TIME TO CONTINUE DEVELOPMENT OF THE BOCA HI RPUD (ORDINANCE 228) FILED BY BOCA HI, INC. AND CITICORP REAL ESTATE, INC. PURSUANT TO SECTION 8.9(4) OF ORDINANCE 503. Chairman Saunders asked Mr. Thomas L. Delaney to come forward. Mr. Delaney introduced Boca Hi's Attorney Tom Gustafson (of the Ruden, Barnett Law Firm). Mr. Gustafson proceeded to give a history of the former Boca Hi site plan and the current site plan, which proposes 272 units for the B and C sites, although they were willing to lower the number of units to 250 or 255 units. He stated that their loan with Citicorp is now in default and ready to go to foreclosure at present. Mr. Gustafson was reminded by the Planning Board that the information he was presenting was not pertinent to todays meeting. Mr. Gustafson stated that he was the negotiator who would like to provide reasons why the RPUD time limit should be extended because if • the Planning Board did not like what was proposed to complete the Boca v Plarming Board Special Meeting/Regular Meeting September 11, 1985 Page 2 of 5 • Hi RPUD, an extension of time would be useless. Mr. Gustafson asked for an extension of time for the Boca Hi RPUD. He said the Planning Board should consider the consequences and either approve an extension or refuse the request. The developer will continue under the present RMM zoning which allows approximately 100 units and the property will be foreclosed. The developer, Tom Delaney, will finish developing the property and will do what is requested by the condominium association. Vice Chairman Doris Rome stated that Developer Tom Delaney has had ten years to do all he has done; Aberdeen Arms owners paid $10,000.00 each to become members; North gate house is not completed; there is a traffic problem; and construction of more amenities is needed. (She feels most people prefer that the B and C sites be used for more recreation for those living at the PUD.) The present pools are too small for the number of people who live there. There are no shuffle board courts. There is a limit to how many people can be at the beach club at one time. In no way has the*Town held up Tom Delaney from the development of the Boca Hi RPUD. Mrs. Rome feels that he has painted himself into a corner and now wants the Town to bail him out. She also stated that the subject of this meeting was extremely clear. Chairman Saunders also stated that the wording of the meeting notice was carefully written by our Town Attorney. • Tom Gustafson gave a copy of a (1) Traffic Engineering Report and a (2) Recreation Facilities Report to the five Board members. Attorney Tom Sliney stated that we are here to deal with the agenda item and it does not preclude further negotiations, since the August 21 meeting was so confused. Chris Bartlett stated that even though he is new to the Board, he has researched this subject thoroughly and feels that no reasons given today warrant an extension of the RPUD. Attorney Mark Schorr spoke and gave the views of the Braemer Isle Condominium Association, Inc. He stated future discussion is possible and feasible and asked only that they be allowed to participate. He also made reference to their letter of August 20 to Chairman Saunders and the Board. MOTION was made by Doris Rome, seconded by Marvin Waldman, that the Boca Hi RPUD be terminated as of July 1, 1985, as per the Ordinance No. 282, and the B & C sites will revert to RMM zoning of approximately 100 units under the current Zoning Code of the Town of Highland Beach (as authorized by Section 8.9(4) of the Zoning Code), and gave the following reasons: is(1) The developer (Tom Delaney, Mr. Rogers, etc.) had over ten (10) years, admitted on record that this was ample time, and could have completed in less than ten years, v Planning Board Special Meeting/Regular Meeting September 11, 1985 Page 3 of 5 • (2) He has violated the RPUD on two occasions, when he added Carron House and Aberdeen Arms to the RPUD, (3) He has violated the RPUD in that outside of Evanton Baye, he has built only high rises (26 units per acre), it is not a mixed density or mixed development and.she feels, at this time, it is not in the best interest of the Town or the residents to continue this sort of environment in the Boca Hi RPUD. (4) There is overcrowding in the Boca Hi RPUD---it is dangerous to life and limb --and is unsafe. Chairman Saunders asked for any further comments from the Board. Mr. Waldman stated that he seconded the Motion as Mrs. Rome had stated it. There was no further discussion of this Motion. Upon being polled, the vote of the Planning Board members was unanimous, as follows: Chris Bartlett AYE John Ward AYE Doris Rome isMarvin Waldman AYE AYE Irving Saunders AYE Chairman Saunders stated that he feels the Board is a fair Board and wishes to maintain the best interest of the property owners of Highland Beach. Attorney Sliney suggested that a motion be passed leaving a technical matter (under Section 8.9(4)(c) of the Ordinance) to the discretion of legal counsel, since Section 8.9(4)(c) also says such recommendations shall include proposals for appropriate action in respect to any legal instruments involved in the case and that, at this time, he was not sure which legal instruments were involved. MOTION was made by Marvin Waldman, seconded by Doris Rome, to leave a technical matter (under Section 8.9(4)(c) of the Ordinance) to the discretion of legal counsel, since Section 8.9(4)(c) also says such recommendations shall include proposals for appropriate action in respect to any legal instruments involved in the case. Upon being polled, the vote of the Planning Board members was unanimous, as follows: John Ward AYE Marvin Waldman AYE isChris Bartlett AYE Doris Rome AYE Irving Saunders AYE Y 11 Planning Board Special Meeting/Regular Meeting September 11, 1985 Page 4 of 5 AT THIS TIME (10:30 a.m.), CHAIRMAN SAUNDERS CALLED FOR A SHORT RECESS BEFORE THE PLANNING BOARD RECONVENED TO HOLD ITS REGULAR MEETING. Chairman Saunders called the Regular Meeting of the Planning Board to order at 10:45 a.m. NEW BUSINESS: Item No. 1--STASINOS, PRELIMINARY SITE PLAN REVIEW Mr. Leonard Nobrega, representative of the Stasinos property, reviewed the site plan with the Board Members. Each unit will consist of 3600 square feet. Elevations were not complete but will be completed. Mr. Nobrega will leave the plans with the Building Department. After some discussion, Chairman Saunders stated that the consensus of the Planning Board was that it had no objection to the site plan. Item No. 2--OCEAN CREST -FINAL PLAN REVIEW Mr. Chester Spyrka, representative of Ocean Crest's contractor and architect (presently both are out of town), gave some background on the property. It was originally built in 1947, contains six cooperative (not condo) apartments, building will remain the same Is extension and will be restuccoed, and are requesting a two foot canopy type extension to the roof of the building (using abbreviated "S" clay tile) on the East and South sides, which is mostly a maintainance type of project. After some discussion, MOTION was made by Marvin Waldman, seconded by Chris Bartlett, to approve the roof modification plans as requested, with the stipulation that this two foot canopy be added also on the West side (21 feet) of the building which faces A-1-A (which the owners present agreed to do). Upon being polled, the vote of the Planning Board was unanimous, as follows: Doris Rome AYE John Ward AYE Marvin Waldman AYE Chris Bartlett AYE Irving Saunders AYE The following Talent Bank Applicants were interviewed: Michael Leonard, Jeanne Jackson, Abraham Futernick, and David Augenstein. Chairman Saunders thanked all the applicants for attending the meeting and extended the Boards appreciation for their interest and time. • After some discussion, the consensus of the Planning Board Members was to recommend that the Town Commission appoint Mr. Abraham Futernick as a second Alternate Member of the Planning Board. d � 0 r 1 U Planning Board Special Meeting/Regular Meeting September 11, 1985 Page 5 of 5 OLD BUSINESS: Procedures of the Building Department were discussed. Members of the Board felt that too much time was allowed from final approval of a building plan until a Building Permit is obtained. (Presently this is 18 months.) They asked that the Building Official research nearby municipalities and make some recommendations about the matter. Doris Rome stated that she had attended a recent Seminar at Florida Atlantic University regarding the Florida Growth Management Plan with speakers from the State Resource Planning Dept. She left a copy of material obtained with the Town Manager and recommended that the Town Attorney and other Board Members obtain a copy since it refers to future coastal construction and how it affects barrier islands. Enclosures for construction sites were discussed. Chairman Saunders stated that Boca Raton has no requirements for construction sites being fenced or by any other type of enclosure. The next Regular Meeting of the Planning Board will be held on Wednesday, October 9, 1985 at 9:30 a.m. Minutes of the August 14 and 21, 1985 meetings were approved. MOTION to adjourn the Special and Regular Meeting of the Planning Board was made by Marvin Waldman, seconded by Doris Rome. All voted AYE. Chairman Saunders adjourned the meetin at 12:00 Noon. APP _. •Chairman Irving- ATT T: . DATE: ELK rs Vice Chairman Doris R.�Rome Mar i A.�Waldman ,IZOO .� Jogn E. War (ABSENT) Ame1 a Leng Chris Bartlett