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1985.03.13_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA • PLANNING BOARD MARCH 13, 1985 9:30 A.M. Chairman Irving S. Saunders called the Regular Meeting of the Planning Board of the Town of Highland Beach, Florida, to order at 9:30 A.M. The recording secretary called the roll. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, R. F. Blosser, M. A. Waldman and second alternate member A. Leng. Absent were Secretary William J. Wernecke and first alternate member John E. Ward. Also present were Town Manager Hugh D. Williams, Town Attorney Tom Sliney, Building Official Bruce Sutherland, Recording Secretary Anne Kowals, representatives for Villa Nova and Teron International and several Town residents. Newly -elected Mayor Edward Sullivan addressed the members and stated that "We have a terrific Planning Board;" and, "I thank you for all your advice and information." The minutes of the February 13, 1985, Planning Board Regular Meeting • were approved and accepted as written. FINAL APPROVAL OF AMENDED PLANS OF VILLA NOVA (LE CONCORDE) PAUL TWITTY, ARCHITECT, AND PHILIP COLMAN, DEVELOPER, PRESENT. Building Official Bruce Sutherland explained this was a final review of amended plans showing modification of an existing permit. The board is reviewing types of changes made on a permit already issued and in effect. A survey indicated the plans follow the exact foot- prints of the Le Concorde, and the coastal construction control line has been protected. The setbacks also are correct, Mr. Sutherland reported. Mr. Philip Colman stated a new survey was made and the property will be staked. They are conforming to what was there before and are pro- viding areas for greening that did not exist in the original plan. Architect Paul Twitty of Schwab and Twitty Architects, Inc., repre- senting Mr. Colman, addressed the members. When questioned about the coastal construction control line, Mr. Twitty responded the building may appear to overhang the setback line because that is a balcony overhang and is cantilevered only. It does not come down and does not impact the dune. 0 PLANNING BOARD Regular Meeting • March 13, 1985 Page 2 of 7 Building Official Sutherland said the overhang of the balcony is similar to that of the Le Concorde balcony and there is no objection to same. Mr. Blosser inquired if the seawall will be separate from the founda- tion wall. Mr. Twitty replied when their structural studies of the building are completed, their decision will be one that will be struc- turally the most sound and most stable. Should they decide to make the seawall integral with the foundation wall of the building, Mr. Twitty said it will be equal to or better than being separate. (The existing building permit does not require separation.) Mr. Paul Twitty made his presentation and indicated they have used the original footprints and stayed within the basic parameters of the old plans. The plans submitted showed an architectural delineation of what they propose the building to be. Easy access to the building was created for all vehicles including all emergency vehicles. Ramps and difficult maneuvering for automobiles have been eliminated, Mr. Twitty continued. • On the South side of the building, the pool area was increased with cabanas running along the West side of the pool. On the North side of the building, a lounge opens into a formal garden terrace. • This amended plan gives more ready access for guest parking. The covered parking structure has an entrance on both sides. The two -bedroom apartments, two apartments per floor, will be approxi- mately 2,500 sq. ft. All units will have the same amenities. The ele- vator will open into the foyer of each apartment by using the apartment owner's key. The service elevator will exit into the service lobby. The height of the building remains as originally planned. The building exterior will be a light coral (sandy) color that will be intergrated with a reflective antique glass - a darker glass - not blinding and more like a stained glass, Mr. Twitty continued. The glass facade on the front of the building will not be illuminated. The elevator tower is being treated in a manner to give it a homogenous look. Mrs. Leng said she objected to the appearance of the elevator tower. Mr. Colman assured the Planning Board Members that the amended plan allows substantially more green area than the original plan. An area of use was created on both sides of the structure. PLANNING BOARD • Regular Meeting March 13, 1985 Page 3 of 7 Chairman Saunders commented that the design of the structure was for a highly prestigious building, done by a prestigious firm which has done excellent architecture and excellent buildings. Responding to a question, Mr. Colman stated the cabanas cannot be used as overnight accommodations. The condominium document will con- tain a provision to that effect regarding use of cabanas. These ca- banas will be sold, but only to unit owners. The resident manager's apartment is not a condominium unit and would revert to the condominium association as an amenity should the as- sociation no longer require a resident manager, Mr. Colman said. Vice Chairman Doris R. Rome made a MOTION, seconded by Mr. R. F. Blosser, to accept the final plans of Villa Nova. The recording secretary polled the members which resulted as follows: Mr. Waldman 'aye' Mrs. Rome 'aye' Mr. Blosser 'aye' Mrs. Leng 'no' Mr. Saunders 'aye' • Chairman Saunders pronounced the MOTION carried and announced a ten- minute recess. The Planning Board Meeting resumed at 10:45 A. M. Chairman Saunders requested representatives of Royal Highlands to step forward. PRELIMINARY SITE PLAN REVIEW OF ROYAL HIGHLANDS - MR. LORENZ SCHMIDT EXECUTIVE VICE PRESIDENT, MR. ROY BROWN, ARCHITECT, PRESENT. Mr. Lorenz Schmidt addressed the Planning Board Members as representa- tive of Teron International, owners and developers of Royal Highlands. Mr. William Teron, President of Teron International of Eaton Park, Florida, has owned the property since the Fall of 1980, it was stated. Mr. Schmidt described the oceanfront property as being located in the South end of Highland Beach. It has inactive sales facilities and is enclosed by a cedar fence running the length of the property. Royal Highlands currently has a plan that was approved under a court settlement stipulation in effect since June 17, 1980. Mr. Roy Brown, Architect, distributed copies of an architect's drawing IS depicting the 1980 court settlement agreement for two 15 story buildings - 2 floors of garage and 13 floors of apartments - with a height of 132' above grade. Also shown the board was a drawing of a new proposal for four buildings. PLANNING BOARD • Regular Meeting March 13, 1985 Page 4 of 7 The new proposal would lower the density from the allowed 156 units to 128 units. The buildings would be 13 stories tall (for the top four units), with the structures being stepped down for other units to allow the opportunity to create terraces. The height of the proposed new buildings was questioned. Mr. Brown said the structure would be 113' high with 13 stories. The site plan application indicates a height of 118.75' above mean sea level. After much discussion regarding the gables and peaks, it was determined the height of the new proposal would be 131' from ground level and 138' from sea level. Mr. Blosser calculated that Royal Highlands was offering a cut of but 18% from the original court settlement. The 156 units allowed when the court settlement was made in 1980 were 75% more than permitted in the zoning that was prevalent at that time, he declared, adding that if Royal Highlands is responsive to the existing zoning, as contended by Mr. Brown, they would be coming in with 66 units and not the 128 they are requesting. isThe new proposal increases the parking spaces from 12 to 2 full spaces per unit, including guest parking, Mr. Brown said, and the two -bedroom apartment units measure 2,318 sq. ft. while the three -bedroom apart- ment units measure 2,351 sq. ft. These measurements do not include the balconies. The new plans show the rear parking garage toward the ocean is 14' below the beach level. Chairman Saunders questioned the wisdom of this and asked Building Official Sutherland to comment. Mr. Sutherland said that according to the code, they have the right to do so as long as an approved seawall is in that location. Mrs. Leng inquired about the beach along Royal Highlands property. Will they restore the beach using the sand from the site? Will they rebuild the dune? Mr. Brown said the sand from the excavation will be used to refurbish the dune. They will apply to the state environmental protec- tion agency for approval to do so. Chairman Saunders asked the Building Official to comment on the new proposal submitted by Royal Highlands. 40 PLANNING BOARD Regular Meeting • March 13, 1985 Page 5 of 7 Mr. Sutherland said the original two buildings were prescribed exactly by a court order which approved these structures, and to build them still would be totally legal. The new proposal does not meet the cri- teria of the court order, he added, nor does it meet the present zon- ing of Highland Beach. If these gentlemen would like some sort of a compromise, he said, it would be up to the Planning Board. It was suggested that as this is a preliminary site plan review, the Planning Board continue discussion at its next meeting. As these are new plans, members should digest what they have heard so far and give it some thought. Perhaps Royal Highlands people will give it some thought and come back with plans that would be more acceptable to all on a lower density basis, Mr. Waldman suggested, adding that perhaps a building could be eliminated. Vice Chairman Rome asked Town Attorney Sliney how he feels about this presentation,legally as opposed to the court order. The Town Attorney said legally it presents some problems. I think you have to make some sort of consensus --do you like this concept better than the other one, he said. If you do and have counter proposals or whatever, make those • counter proposals. If you don't like it and you like the original one better, then we needn't get into the legal problems, he went on. That is what we should address first. Attorney Sliney suggested the members read the stipulation dated June 17, 1980. It will give a lot of background on this particular matter and you will see it is an outgrowth of hearings of cases that began in 1971, he added. Mrs. Rome said she likes the Mizner feeling but she does not like the solid mass that stands out. Compromise may get rid of some of the mass making the project more acceptable, she suggested. Chairman Saunders said he feels it is an improvement architecturally over the initial plan and building design submitted earlier. "I would like to see a reduction in the mass feeling that you have here", he went on. "I suggest we return here for our next meeting and see if some intelligent compromises can be effected that would be beneficial to all." Mr. Schmidt requested a special meeting be called by the Planning Board to discuss Royal Highlands within the next two weeks. Time is of the essence and we are running up against a deadline, he stated. PLANNING BOARD Regular Meeting • March 13, 1985 Page 6 of 7 Mr. Blosser objected, stating that there were a number of things that he must know about the history of this property before he can vote on this project. "I want to know what happened before 1980," he said. He requested that pertinent data regarding Royal Highlands be gathered by the Town Attorney, Town Manager and the Building Official for the members of the Planning Board by March 29, 1985, to allow each member time to study the material, and specified various items that he felt that the members needed for fully intelligent decision. He also complained that in view of processing times required, such an appli- cation should have been made months earlier. Responding to a question, Town Attorney Sliney confirmed that he was writing Teron International that the new proposal could not be re- garded as extending the June deadline for start of construction of the two buildings that were approved under the 1980 court settlement. Building Official Sutherland had informed the board earlier that he had similarly advised Royal Highlands representatives. (Mr. Sliney's letter was sent under date of March 15, 1985.) Chairman Saunders said the subject of Royal Highlands will be carried • over to the next meeting of the Planning Board which will be on Wed- nesday, April 10, 1985, at 9:30 A.M. Mr. Blosser suggested that the 'Discussion of Building Department Pro- cedures' listed on the agenda be moved to the agenda for the next meet- ing because of the demands of time. All the members agreed. Mr. Sutherland inquired for verification if the meeting on April 10 will be considered a continuation of the preliminary site plan review of Royal Highland. Members were all in agreement. Mr. Schmidt thanked the Chairman and stated that he understands the position of the Planning Board. Royal Highlands will recognize that "we have to go back and determine the effect the continuation of the meeting on April 10 will have on our timing. We will let the Build- ing Official know if we will go for continuation or whether we shall withdraw the proposal." Mr. Waldman made a MOTION, seconded by Mrs. Rome, to adjourn the meeting. All were in favor. • PLANNING BOARD Regular Meeting is March 13, 1985 Page 7 of 7 Chairman Saunders adjourned the meeting at 12):15,Pr14: Attest. Date: t o amk-4/4/85 Is APPROVED Irv-iftg-S_-d�rs�'C it �t Doris R. Rome, Vice Chairman R. F. Blosser M.,A Waldman A. Leng