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1986.10.22_PB_Minutes_Regulars TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR AND WORKSHOP MEETING - MINUTES OCTOBER 22, 1986 9:30 A.M. The Regular and Workshop Meeting of the Planning Board, Town of Highland Beach, Florida, was called to order at 9:30 A.M. by Chairman I. S. Saunders. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, M. A. Waldman, J. E. Ward, A. Leng, C. H. Bartlett (alt.) and A. Futernick (alt.) . Also present were Town Attorney T. E. Sliney, Town Manager H. D. Williams, Building Official B. Sutherland, Recording Secretary A. M. Kowals, Attorneys R. Eisen, K. Slinkman, A. Ciklin, J. Corbett representing the various property owners, J. Toshner of Gee and Jensen and many interested Town residents. A MOTION was made by Vice Chairman Rome, seconded by Mr. Waldman, to approve and sign the minutes of the October 8, 1986 Regular and Workshop Meeting of the Planning Board as submitted. All members were in favor of the MOTION. 40Chairman Saunders said the first agenda item is a discussion of a proposal to re -zone Town Lots 133 thru 137 East and West of A-1-A from RS to RE a/k/a Byrd Beach Lots 1 thru 5 (East of A-1-A) and Plat of Camelot on the Atlantic (West of A-1-A). Town Attorney Sliney said Attorney Eisen who represents the East side property owner is not present; however, what Attorney Eisen's client wants to do conforms to what the Town is proposing (rezone that area to Residential Estate). There are some issues that have to be worked out, continued Attorney Sliney; but, Attorney Eisen indicated they had no problem with the re- zoning. The Building Official advised there is no contradiction in dealing with the East side as it fits into the estate zoning. We have not gotten a final survey for the West side where possibly one lot will not qualify for the 30,000 sq. ft. required for an estate lot. Town Attorney Sliney said the West side is more complicated than the East side; however, they are basically in agreement to limit future development on the West side to two more houses. Attorney Eisen representing the owner of the subject property (arrived late for this meeting) stated his client desires to construct five custom, 0uxury residences on that site in accordance with the manner in which the own wishes to rezone it. Mr. Frederick, added Attorney Eisen, is agreeable to release the Unity of Title on the East side. PLANNING BOARD • Regular and Workshop Meeting October 22, 1986 Page 2 of 7 A colored sketch depicting the proposal for five custom residences sharing one common entrance and driveway was displayed by Attorney Eisen. Town Attorney Sliney said the actual re -zoning of the property and the site plan approval process would be delayed until we know what will be worked out with the Unity of Title. When Mrs. Leng asked how long it will take, Attorney Eisen said it will be just a matter of a few days. Attorney Eisen requested the Planning Board proceed with the zoning as they are anxious to start construction. Town Attorney Sliney said to re -zone the property, the Planning Board must hold a public hearing to go forward on that. A public hearing can be held in conjunction with the November Meeting, continued the Town Attorney. Chairman Saunders stated the public hearing regarding Attorney Eisen's client will be set for November 12 along with the Regular Meeting of the Planning Board. Town Attorney Sliney said the West side is more complicated - a separate public hearing should be scheduled for the West side. •At this point, Chairman Saunders requested Mr. Toshner of Gee and Jensen comment on his final report. Mr. Toshner said the report is self explanatory. We looked at several different issues regarding each parcel (compatibility with adjacent land, water supply, traffic and current planning). The compatibility issue and general compliance with the newly adopted Growth Management Legislation is clearly set in the report, said Mr. Toshner. The Camp, Dresser and McKee study for the Town regarding water supply, said Mr. Toshner, indicates your levels are in jeopardy of being closed down. A memorandum of August 22, 1986, from Town Manager Williams summarizes the water situation and will help the Planning Board in their deliberations. The conclusion may be reached that the Town will not be able to supply water to its customers, continued Mr. Toshner. The other issue of concern is the traffic level of "D". The Town is striving for a "C" level of traffic. Mr. Toshner recommended traffic conditions be part of the Planning Board's deliberation. Mr. Toshner said another important issue is the environment. Palm Beach County has a mangrove ordinance and environmentalists object to the removal and tampering with mangroves. ice Chairman Rome said the report was excellent and pointed out what the own's problems are. It suggested certain land use plans and reduced PLANNING BOARD • Regular and Workshop Meeting October 22, 1986 Page 3 of 7 the density to MFL in order to alleviate some of these serious problems. Vice Chairman Rome asked why the Planning Board doesn't take the land under discussion and just make it single family residences to further alleviate the problems in Town? Mr. Toshner answered he never studied that but it is an option the Planning Board has. Mr. Waldman said under the RML-1 zoning, the Board would have the prerogative of up to 8 dwelling units per acre. We could still approve single family residences under that zoning, it is an option open to us. Vice Chairman Rome added that public safety is a concern of Florida's New Growth Management Plan and Highland Beach is a highly vulnerable area for hurricanes. With the Boca Hi and Coronado Beach Clubs across A-1-A, people crossing the street are taking their lives in their hands. Turn off lanes are being used for passing, continued Vice Chairman Rome. Mr. Ward asked Mr. Toshner to comment on the Town's legal obligation to the South Florida Water Management District. iMr. Toshner said Mr. Williams memo states we have to renew the Water Management Permit with the district and we have to meet certain criteria -- it is definitely an issue. Compliance with district regulations will be more and more difficult, stated Mr. Toshner. Town Attorney Sliney asked if the Planning Board could get back to the Byrd Beach issue as Mr. Frederick's representatives, Mr. Woolsey and Attorney Kramer just arrived. Mr. Woolsey apologized for being late and stated he is appearing as a result of the agenda for this meeting. When Vice Chairman Rome explained the Board would like that parcel to be an estate part of Town, Mr. Woolsey said there was no specific objection to that proposed land use as the size will technically work out to be three estate lots in addition to the existing home. Mr. Waldman suggested Mr. Woolsey meet with the Building Official with a correct survey. Town Attorney Sliney said an up to date survey is necessary so the Board can review it before re -zoning that property. We must know what the total acreage is to configurate the plat, continued Attorney Sliney. Mr. Woolsey requested the matter be placed on the agenda for the next 4Veting and he will be sure to have the requested survey. PLANNING BOARD • Regular and Workshop Meeting October 22, 1986 Page 4 of 7 Chairman Saunders stated all attorneys representing the properties in question have had the opportunity to review Mr. Toshner's report and have studied it. At this time, the Chairman called on the attorney representing the Hoffman/Broadview Parcel. Attorney Slinkman said he wants the record to reflect that the letter from Mayor Horton stating the RPUD exists until 1990 was discussed. Mr. Waldman said ignorance of the law is no excuse - the only way you got an extension of an RPUD was to apply to the Town Commission who then referred it to the Planning Board. You did not do that; that RPUD expired in 1985, continued Mr. Waldman. Continuing, Attorney Slinkman said their position is the RPUD is in effect until 1990. Mr. Toshner stated his report was prepared in consideration with the compatibility of other properties - I see high-rises along A-1-A in Boca Raton, Delray Beach and on, added Attorney Slinkman. Regarding the water supply and traffic, Attorney Slinkman said he saw nothing in Mr. Toshner's report saying anything has changed from the planning done when the Comprehensive Land Use Plan was adopted some time ago. There was no formula regarding water and traffic and no particular is study regarding alternatives of what can be done. There is no specific formula regarding Hoffman or Boca Hi; it is just a recommendation to reduce the density and I do not know how Mr. Toshner arrived at his recommendation, said Attorney Slinkman. We submit the recommendation should be to leave the Hoffman Tract (joint venture with Broadview) as is, stated Attorney Slinkman. Town Manager Williams said there are two concerns that have changed from the original approved Comprehensive Plan: 1. the salt water intrusion, and 2. we had two wellfields and we now have one. There is a severe limit- ation on what we can pump by permit which must be renewed in 1988. The water supply is reaching a critical point. Continuing, Town Manager said the formulas questioned by Attorney Slinkman do exist. The new well is strictly a back-up well; it will not increase the capacity at all. There will be additional studies to look at the situation, stated Mr. Williams. Attorney Ciklin, representing Broadview Savings and Loan, said they concur with Attorney Slinkman's remarks and they believe they have a vested RPUD which has not expired. Mr. Toshner has no provision for vested properties in the Town, said Attorney Ciklin, and his report is deficient in that regard. Following a brief recess, Chairman Saunders reconvened the meeting at 10:50 0.M. when representatives of Boca Hi were asked to come forward. PLANNING BOARD Regular and Workshop Meeting October 22, 1986 Page 5 of 7 Attorney Ciklin, representing Boca Hi, said they believe they have a vested RPUD. Based on a letter from the Town Official indicating the RPUD has not expired, they relied on it. Boca Hi is 2/3 built out - to try to down -zone would be a severe hardship. Our comments regarding Mr. Toshner's report as related to Broadview/Hoffman are the same for Boca Hi, continued Attorney Ciklin. When Chairman Saunders requested residents of Boca Hi to come forward and comment, Mr. Benjamin Cohen, a resident at Braemar Isles, said he has attended a number of meetings which are repetitious. We all heard about the expired RPUD. It seems that some final decision could be accomplished. Mr. Warren Hofstadter of 4740 South Ocean Boulevard said he sincerely hopes Highland Beach will not allow the same things that went on in Miami and Fort Lauderdale. Keep Highland Beach a beautiful area. The attorneys appearing before you should show more respect, continued Mr. Hofstadter. Mrs. Terry Natoli of 4740 South Ocean Boulevard stated she expressed her concern at numerous meetings. This is zero hour and I feel this is my last opportunity to express my concern. When the attorney reduces the issues to dollars and cents, as he has in front of this Board, I am frightened. The real issues are life, liberty and the need for water. Please consider that • when making your decision, said Mrs. Natoli. Mr. David Custage, a resident of Dalton Place at Boca Hi, speaking as President of the Highland Beach Civic League and on behalf of its members, expressed their appreciation to this Planning Board. Much time and effort went into this meeting, you hired an expert planner, your Town is behind your efforts and we want you to know that, continued Mr. Custage. Mr. Joseph McKeever of 4740 South Ocean Boulevard said he hates to repeat what was just said by others. We have heard the reports and recommend we act on it today. Vote for the very minimum that could be allowed on that site, said Mr. McKeever. Mrs. Santa Lo Dolce, resident of Highland Beach, said the Highland Beach density has been absurd. You must be fair to the residents not just the developer. Please keep in mind the needs of the residents, continued Mrs. Lo Dolce. Mr. R. Harding, a resident at the Boca Cove Townhouses, said they feel the new down -zoning is justified and will enhance Highland Beach by allowing townhouses and no more high-rises. There are parking problems with the existing buildings. We agree the Town should down -zone the area. Mrs. Adrianne Zibro, a resident of Boca Cove Lane, said they are against the high density as are all the residents in that area. We next item on the agenda was the Regency Highland Parcel. PLANNING BOARD •Regular and Workshop Meeting October 22, 1986 Page 6 of 7 Planning Board Member C. Bartlett, speaking as a resident of the Regency Highland, said he seen no problem with what is being proposed. Regency Highland is a completed development with no further space available. There is no intention to add and no developer is involved. There will be no effect on Regency Highland, said Mr. Bartlett. Vice Chairman Rome commented that out of the three RPUD's in Town, the Regency Highland was the only development to build, sell out and turn it over to the owners years ago. It is amazing, said Mrs. Rome, how much stalling can go on when there is a need to stall. Attorney Corbett, representing the Connaught Parcel, said the Town has consistently taken the position that his client has an approved site plan for this property. It would be extremely unfair for the Town to amend its Comprehensive Plan in a way that would preclude this approved development. The only reason given in the Gee and Jensen report for reducing the density on this parcel is the fact that similar reductions are recommended on the property to the South, said Attorney Corbett. The report by Camp, Dresser and McKee indicates the Town has two water quantity problems --meeting its present capacity requirements and expanding its capacity to deal with future development. Reducing the density on this parcel, said Attorney Corbett, will not solve the first problem. The Gee and Jensen report indicates A-1-A is operating at an unacceptable level of service, continued Attorney Corbett; full development of this parcel would not create a significant impact on A-1-A. As the Town is doing a further review of the entire Comprehensive Plan next year, said Attorney Corbett, I request that any action on this property be deferred until that time. In discussing Attorney Corbett's claim of his client's vested sight plan for this parcel, Town Attorney Sliney said we are not agreeing with your contentions as that is a legal issue that will have to be addressed later. No representatives were present for the Slagle Parcel (Lot 58W) and the Deganahl Parcel (Lot 57W). Mr. Ward stated the water supply does remain a planning factor regarding future construction in Highland Beach. Apartments can not be served without adequate water supply, said Mr. Ward. The Planning Board members discussed at length the proposed resolution prepared by Town Attorney Sliney. It was agreed the resolution should be amended to include the following: • "WHEREAS, the Planning Board desires to implement the will of the people of Highland Beach and pursue the object of Florida's Growth Management Plan". PLANNING BOARD •Regular and Workshop Meeting October 22, 1986 Page 7 of 7 Mr. Ward made a MOTION, seconded by Mr. Waldman, that the amended resolution be adopted (with Exhibit A attached). A roll call vote resulted as follows: Mrs. Leng 'aye' Mrs. Rome aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mr. Saunders 'aye' Members agreed the public hearing should be scheduled for November 12 in conjunction with the Regular Meeting of the Planning Board. Vice Chairman Rome said the citizens listened for a long time. The Planning Board has more than taken time to give representatives the opportunity to say what they have to say. We have the citizens' in -put and it is time to get the ball rolling. Continuing, Vice Chairman Rome said on the day of the public hearing the members would like to take action and then forward their recommendation to the Town Commission. Mr. Waldman made a MOTION, seconded by Mrs. Rome, to adjourn the Regular and Workshop Meeting of the Planning Board. Chairman Saunders adjourned this meetin, Attest: Date: I AP: (Absent) D. R. Rome, Vice Chairman r M. A Wald anA I ��j_ A/ f(Ab E. Ward sent) Amelie Leng ,