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1985.07.10_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD • JULY 10, 1985 9:30 A.M. Chairman Irving S. Saunders called the regular meeting of the Planning Board, Town of Highland Beach, Florida, to order at 9:30 A.M. Present at this meeting were Chairman I. S. Saunders, Vice Chairman D. R. Rome, M. A. Waldman, J. E. Ward, A. Leng (alt.) and C. H. Bartlett (alt.) . The minutes of the regular meeting held June 12, 1985, and the special meeting of June 19, 1985, were accepted and approved as written. ENCLAVES OF BOCA COVE - 4520 SOUTH OCEAN BOULEVARD - FINAL SITE PLAN REVIEW - MR. ROBERT GORE, REPRESENTATIVE, PRESENT. Mr. Robert Gore, general contractor and developer for Enclaves of Boca Cove, informed the board that at the preliminary site plan review, there was some discussion on the height restriction. Upon reviewing the zoning for the area, continued Mr. Gore, we are well within the height restriction --the buildings will be 15' under the al- lowed height. All roofs will match with a 6/12 pitch. Mr. Gore submitted revised plans for the deck and planter areas which were discussed at the preliminary review. The planter boxes in the rear of the townhouses would be the same nature as the existing plant- ers. It will all tie in and look uniform. Mr. Gore assured the members that the construction workers will park their cars to the rear of the property (away from AlA). Building Official Sutherland said in his review of the project, the plans conform to the Standard Building Code and to our zoning. The Planning Board members reviewed the final site plans submitted by Mr. Gore who fully explained the entire project. The model, said Mr. Gore, will be a three unit building on the Intracoastal. After thorough examination of the final plans, the Planning Board mem- bers agreed the plans are in order and were satisfied with the Building Official stating the setbacks and roof height are correct. Vice Chairman Rome stated she likes the design of the entire building as it fits in with what is there and it is very attractive. • PLANNING BOARD IS Regular Meeting July 10, 1985 Page 2 of 8 A MOVE was made by Vice Chairman Rome, seconded by Mr. Ward, that'we ac- cept the plan of Enclaves of Boca Cove as a final. After we sign it, it will go to the Town Commission. A roll call vote resulted as follows; Mr. Leng 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mrs. Rome 'aye' Mr. Saunders 'aye' OCEAN REEF - 3525 SOUTH OCEAN BOULEVARD, AMENDED SITE PLAN REVIEW FOR POOL INSTALLATION - MR. GREG VON BERG, REPRESENTATIVE, PRESENT_._ Chairman Saunders stated this is an amended site plan review for pool installation. Vice Chairman Rome said the site plan review was some months ago --they are now requesting a swimming pool, which was not on the original plan, be installed on the ocean side of their property. Mr. Von Berg said the submission regarding the pool includes additional • landscaping and shadowbox fencing. The Planning Board members reviewed the plans submitted by Ocean Reef showing the location of the pool with the landscaping and fencing. The pool, said Mr. Von Berg, will be protected from view of adjoining neighbors by the natural landscaping and the additional planting that will be done by Ocean Reef. Mrs. Leng said she walked the site and found the pool will hug the house. The pool, Mrs. Leng stated, is in a great area. The new shadowbox fence will enhance the property. The seaoats and pines conceal the area. Mr. Von Berg said the landscaping at the rear of the property was ne- glected due to the anticipated installation of the pool. The machinery necessary for the project would damage the vegetation and landscaping, continued Mr. Von Berg. After the completion of the pool installation, Mr. Von Berg said new plantings and trees will be added along with the new shadowbox fencing which allows air circulation and affords privacy. Mr. Von Berg assured the members that the shadowbox fence would be well shrubbed to insure privacy. PLANNING BOARD Regular Meeting • July 10, 1985 Page 3 of 8 After careful examination and discussion of the Ocean Reef plans, Chair- man Saunders said the plans seem to be in order. Mrs. Leng made a MOTION, seconded by Vice Chairman Rome, that the plan presented to us by Ocean Reef for pool installation be approved with the proviso that the Community Appearance Board visit the site and approve it before the final Certificate of Occupancy is given. A roll call vote resulted as follows: Mrs. Leng 'aye' Mr. Waldman 'aye' Mr. Ward 'aye' Mrs. Rome 'aye' Mr. Saunders 'aye' ROYAL HIGHLANDS DISCUSSION - MR. LORENZ SCHMIDT, EXECUTIVE VICE PRESIDENT, ATTORNEY STEPHEN B. MOSS, PRESENT. Town Attorney Tom Sliney gave the board members a brief summary of what happened at the court sessions held in the month of June, 1985. Drexel Management sold the property in question to the present owners in 1981. At that time, permits were issued on the property, which subse- • quently went into default because of failure to complete construction. In January of this year, there were various discussions and meetings, continued Attorney Sliney, with the Planning Board. No agreement was reached. The petitioner brought various motions in June to the court to secure an order to enforce the terms and conditions of the 1980 Stipulation Settle- ment among the parties. After approximately three court sessions in June, Attorney Sliney said an order was issued by Judge Sholts, copy of which is attached, on June 17, 1985. The issue raised by the Town, said Mr. Sliney, was how does changing conditions on the site, and things such as that, affect this 1980 Stipulation. The Town hired experts to analyze the situation, review the plans, re- view the Stipulation and other pertinent things and to give a report to the Town so we can know better where the Town stands in this matter. This is one aspect of the matter, said Attorney Sliney. • The second aspect of the matter as was brought out previously and in the court sessions and as evidenced by Judge Sholts, the feeling was PLANNING BOARD Regular Meeting • July 10, 1985 Paste 4 of 8 that regardless of what the merits may turn out to be on the case, no- body was enthusiastic about the original plan. The Court suggested we see if we could use this time to get together and find something more mutually agreeable as far as the building. Ac- cordingly, Mrs. Rome wrote a letter on behalf of the Planning Board inviting Royal Highlands to this meeting so we can start some sort of a dialogue, continued Mr. Sliney. Attorney Sliney said it was noted during the court sessions that Royal Highland's original site plan showed 5.6 acres and the site plan ap- plication submitted in April, 1985, showed 4.44 acres. Mr. Waldman inquired if Teron International had the property surveyed recently and if the results of the survey were available. Replying to this comment, Mr. Moss said the survey to their knowledge wasn't com- pleted as yet but Teron received some preliminary figures. Mr. Moss, a partner of the law firm of Holland & Knight representing Teron International, Inc., owner and developer of Royal Highland said his client accepted the invitation extended by the Planning Board to meet in a spirit of cooperation and desire to work together with the is Town to reach a mutually satisfactory resolution of our dispute. The issue to be decided is whether the building plans meet the terms and conditions of the Settlement Stipulation, continued Attorney Moss, and we expect the Town has been reviewing those plans to make a determina- tion. Teron does not know what the posture of the Town is with respect to what the court has ordered. Attorney Moss recommended that after the Town reviews the building plans and provides Teron with a copy of its report, an informal meeting with members of the Planning Board and the Community Appearance Board be held so we can work together to reach alternatives that meet the best interest of the Town and Teron. Mr. Waldman said it is up to Teron to provide the Planning Board with a certified survey of today's actual acreage so that an intelligent decision by the members can be reached. Until we are provided with that, continued Mr. Waldman, I don't think we can do anything. So what you are telling me Mr. Waldman, said Anthony Moss, is the Town is not doing anything; they are not reviewing building plans as the • court has ordered. Vice Chairman Rome said the court order was for a stipulation that sti- pulated the Town of Highland Beach review this, not the Planning Board. PLANNING BOARD Regular Meeting • July 10, 1985 Page 5 of 8 Town Attorney Sliney said the Town is viewing this 90 day period as a time in which information which is pertinent should be shared. If Teron has a certified survey, or one done in 1981, the Town would like to see them. Teron is happy to share whatever is received from surveyors or experts when documents are completed, said Mr. Moss, and we hope the Town will do the same. Attorney Moss said they have received nothing from the Town except an invitation to this meeting. When Attorney Moss said that what he asked was a question of when the Town's review of the building plans is going to be completed, Mrs. Leng questioned which plans. The building plans submitted and approved in 1981 which are referred to in the Settlement Stipulation of 1980 and what the court refers to on June 17, 1985, in the court order that put the burden on the Town to review the building plans to determine that they meet the terms and conditions of the Settlement Stipulation, replied Attorney Moss. Attorney Sliney said the legal issue is whether the Stipulation in 1980 is to be enforced. We are down to about 60 days, continued Mr. Sliney, • and I suggest we have some special meetings to move along. We expect to receive some report from our people within a week; and, hopefully, our experts will tell us if those plans comply, continued Mr. Sliney. The Town is trying to use the 90 day period to see if we can make the best resolution. When Mr. Ward stated the Planning Board is not clear which plans they are about to review, Attorney Sliney said the Town has to look at plan 1 and any other suggested plans. If there is no alternate plan agreed to and the court determines that any changes on the site were not sufficient to prevent building permits from being issued, then the permits would be issued and Teron would have the right to build plan 1, said Mr. Sliney. Attorney Moss said what the Planning Members are asking is which plans are for their consideration and paragraph 3 of the court order answers their question. Mr. Waldman said the plans Teron submitted in 1981 were made to fit on the acreage they had in 1981. Our theory, continued Mr. Waldman is that you don't have that much land and those plans would have to be reduced proportionately. I would have to think a court would look favorably on that particular argument, said Mr. Waldman. Mr. Moss said the current surveyor came up with an approximate acreage of 5.2 which would indicate there is a small discrepancy over the past five years. PLANNING BOARD Regular Meeting July 10, 1985 Page 6 of 8 40 Attorney Sliney said one of the major discrepancies was the acreage of 5.6 versus 4.44 and that's been a serious concern and a valid point. If there is a rational explanation why over one acre is gone, Teron should let the Town know, continued Mr. Sliney. Mr. Moss said if the Town has reviewed the building plans and is ready to give Teron a report on whether or not it conforms with the Settlement Stipulation, Teron must have that so they can see what the Town's pos- ture is and then respond to it. We have to meet what the court has ordered both parties to meet (that is the Town has the burden of deter- mining how those building plans do not conform) so we can get that issue aside and then work together. Attorney Sliney said Mr. Moss is saying "you tell me what your position is and I will tell you what my position is". Teron is not supplying us the data and our people have not given us the data yet. Part of what Judge Sholts indicated to us and Mr. Hirsch who was representing the petitioner at that time, was get together and see if you can talk about some revised plans, continued Mr. Sliney. Mr. Moss is taking the posi- tion of not talking about revised plans until the Town tells them what the Town's position is and that's not in the spirit of what happened in June. When Mrs. Leng commented she thought she would see the revised plans that everyone liked on the new survey, Mr. Moss said there was no re- quest that Teron bring in site plans. vice Chairman Rome suggested meeting with Teron following the Public Hearing for Seagate's special exception for dish antenna on July 24, at 9:30 A.M. Mrs. Rome said she would like to hear from the Town Manager if he will be ready by the 24th. The meeting reconvened at 10:55 A.M. after a short recess, at which time Mrs. Rome enlightened the Town Manager as to what questions the members of the Planning Board want answered. We are at the point, said Mrs. Rome, where Mr. Moss says it is up to the Town to be going forward on this investigation. I requested your pres- ence, said Mrs. Rome, so you can tell us what we're doing about this problem. The Town Manager informed the members the Town engaged an outside con- sultant who will be looking at various things like the footprint of the building, the erosion we've had, potential erosion, some areas in the 40 seawall, exactly what is the size of the plot, was the plot reduced in size because of a number changing type thing or did it wash out to sea. PLANNING BOARD Regular Meeting July 10, 1985 Page 7 of 8 • Depending on the answers on those, the Town Attorneywill recommend o end that we go further with this or there is no reason to go further. We will have that preliminary information by next Wednesday, Mr. Williams said. Vice Chairman Rome had another question regarding the original site plans. There is some penciling drawn in in the center of the original site plans. Never has a plan been changed in pencil or pen without ini- tialing and dating being put in next to it, said Mrs. Rome. This causes me to wonder who did this on the original site plans, stated Mrs. Rome. Chairman Saunders asked Mr. Moss if Teron has a copy of the original survey prepared for the first owners of the site, Drexel Properties. We are interested in checking that original Drexel survey against these two forthcoming surveys, continued Mr. Saunders. Attorney Moss said he will be happy to share the survey with the Town when it is completed but Teron would have to have an understanding on those, that before Teron is able to meet as suggested, that they must have the Town's review of those building plans and its comments so Teron can review same before the meeting so they can see what the posture of the Town is. • Mr. Williams said he doesn't know if the Town will have a written report prior to the 24th. If we do, we will share that report. Attorney Sliney said Mr. Moss is construing the Stipulation the way he wants to construe it and saying "you give us all your information, tell us what you're going to do and them we'll tell you what we're going to do." That's not the way it goes, continued Mr. Sliney. We are willing to meet with Teron on the 24th and I'm sure we'll have some information, said Attorney Sliney. The Planning Board members can again look at the plans and make whatever determinations they want. Ob- viously, said Mr. Sliney, it does take experts to determine this situa- tion - that's why we hired them. Attorney Sliney said we ought to go ahead with the 24th meeting and see what information we have. Chairman Saunders said Mr. Moss's insistance on a written report is un- realistic. Teron has concrete evidence of what we like and don't like so for us to put in a written report is spinning our wheels. Mr. Moss said Teron is willing to come before the Planning Board and review alternatives but they need to know the Town's response to the court order before they can realistically discuss those alternatives with the Planning Board. PLANNING BOARD Regular Meeting • July 10, 1985 Page 8 of 8 When Mrs. Rome asked if there was any point in meeting with Teron on July 24th, Mr. Williams replied the Town would be able to give a pro- gress report and make a recommendation which way the Town ought to go. Teron would be interested in what that recommendation will be, continued Mr. Williams. Mr. Lorenz Schmidt, Teron International representative, addressed the board and stated he is prepared to discuss with the board and make every effort to be ready for the 24th. Continuing, Mr. Schmidt said he is committed to coming back with a proposal which would give the kind of appearance that the Planning Board found acceptable. Mr. Sliney suggested Teron bring back plan 2 and discuss the units and other concerns of open spaces the Planning Board has. Attorney Moss said Teron looks forward to coming back on the 24th and will try to be prepared for that meeting just as you will try to be prepared to give us your report prior to that time. Members agreed to reserve the 31st of July for a meeting with Royal Highland. isThe next regular meeting of the Planning Board is set for August 14, 1985, at 9:30 A.M. with the agenda closing on July 30, 1985, at noon. The Planning Board will hold a special meeting on August 21, 1985, at 9:30 A.M. for Boca Highland. A MOTION was made by Mr. Waldman, seconded by Vice Chairman Rome, to ad- journ the meeting. Chairman Saunders adjourned the regula A. Leng J. E. Yard Attest- ti Date: el - D. R. Rome, vice unaairman M. A. Waldm n