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1986.10.08_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR AND WORKSHOP MEETING - MINUTES OCTOBER 8, 1986 9:30 A.M. Chairman I. S. Saunders called the Regular and Workshop Meeting of the Planning Board, Town of Highland Beach, Florida, to order at 9:30 A.M. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, M. A. Waldman, J. E. Ward and A. Futernick (alt.). Also present were Town Attorney T. E. Sliney, Building Official B. Sutherland, Town Manager H. D. Williams, Recording Secretary A. M. Kowals, Attorneys B. Taub, K. Slinkman, A. Ciklin, J. Corbett and R. Cook representing the various property owners, T. Delaney (President of Boca Hi Development) and many interested Town residents. Absent from this meeting were A. Leng and C. H. Bartlett (alt.). Vice Chairman Rome made a MOTION, seconded by Mr. Waldman, to approve and sign the minutes of the September 10, 1986, Regular and Workshop Meeting of the Planning Board as submitted. All members were in favor of the MOTION. As there was no NEW BUSINESS, the members proceeded with the agenda for this Regular and Workshop Meeting. When members questioned if Mr. Toshner of Gee and Jensen will attend this meeting, Town Attorney Sliney advised Mr. Toshner will be at the public hearings as provided for in his contract; he will not be present today. Town Attorney Sliney stated the Board should make it known to the public that the Town encourages written comments and will provide a sector for public comments; and, we are here to discuss a proposal to amend the future land use plan. Continuing, Attorney Sliney said we have a report from Gee and Jensen that is complete. The Planning Board must schedule at least one public hearing. We will draft a resolution for whatever category is decided; we will hear from property owners and members of the public, said the Town Attorney. Chairman Saunders requested the attorneys for the various parcels come forward and comment. Attorney A. Ciklin, representing the Broadview Savings and Loan and the remaining property at Boca Hi, said they were looking for a report prepared by J. Toshner which was to be submitted to affected property owners for review and comment. I have not received a copy and have no idea of what went into it. It is impossible to have a relevant discussion -without having seen that report. How can we participate without knowing what you are discussing, continued Attorney Ciklin. • PLANNING BOARD Regular and Workshop Meeting October 8, 1986 Page 2 of 7 Vice Chairman Rome stated the report from Gee and Jensen is available at the office in Town Hall. When Mr. Futernick said it is the individual's duty to get the report which is available at the office and review it, Attorney Ciklin replied they were told they would get a copy of the report; however, that report was not available until this morning. Mr. Ward mentioned the report was to be ready one week before this meeting and he kept after the office until he received the report. When Mr. Ward questioned if Attorney Ciklin made an attempt to obtain the report, Mr. Ciklin said at the last Planning Board Meeting it was indicated they would be supplied with copies of the report. Attorney Slinkman said he has notes and he recalls Mr. Ward and Mr. Williams agreed the parties would get the report sufficiently before this meeting. We do not know what the Board's proposal is. We relied on the Town for the report. We had a committment from this Town in 1980 that the RPUD does not lapse until 1990, stated Attorney Slinkman. Continuing, Attorney Slinkman said they were told in September that Mr. Toshner's report would be mailed to them so they would know what they were facing at this meeting. I don't know what you want us to comment, • continued Attorney Slinkman. Town Manager Williams said the report was received on Tuesday, October 7, and distributed just as soon as it was received. Town Attorney Sliney added the report took a long time to put together as it is more extensive than the preliminary report. Vice Chairman Rome said it is the Planning Board's intention to discuss the Hoffman/Broadview and Boca Hi Parcels to see what their future land use plan should be. The Vice Chairman read from the Gee and Jensen report regarding Boca Highlands "B" and "C" Parcels: Location - Northerly portion of the Boca Highlands Complex - Lot 2 A.N. Current Land Use - Undeveloped/vacant. Size - 5.6 Acres Zoning - RMM (maximum 15 D.U./Acre) Current Future Land Use Plan Designation - MFM (12-15 D.U./Acres) U A/ PLANNING BOARD . Regular and Workshop Meeting October 8, 1986 Page 3 of Adjacent Land Use - North - low rise townhouses (2 story); West - Intracoastal Waterway; South - a marina and a mid -rise condo; East - a mid -rise residential complex. The compatibility of this parcel with adjacent land use to the North is a primary planning consideration. The low-rise townhouse character of the development to the North could conflict with a possible high or mid -rise complex on the subject parcel. A lower density more compat- ible housing type may be appropriate for a more harmonious land use pattern in the area. If it is the Town's intent to provide for a "variety of housing types" on the Boca Highlands property, the lower- ing of densities to bring about compatibility with adjacent property to the North would achieve this goal. A lower density development on the subject parcel would also be gene- rally compatible with other adjacent land uses. That is, the Intra- coastal is an effective buffer to the West and the marina and four story condo to the South will serve as a buffer to higher densities on the Boca Highlands parcel. A possible conflict with the mid -rise Carron complex to the East (lot 13) could arise; but, this conflict weighed against the benefits of a lower density land use on the sub- ject parcel may result in a net public benefit. . A future land use plan designation for this parcel could be MFL up to 8 D.U./Acre, with a corresponding zoning of RML-1 (maximum 8 D.U./ Acre). Vice Chairman Rome said she studied the report since receiving it and it is in accord with her thoughts on vacant land which requires zoning designa- tion. There is a lack of facilities and over -crowding present at the Boca Hi RPUD Complex. This report's recommendation would be compatible with the Boca Hi Complex and the future of the Town. I am in favor of the recommendation by Gee and Jensen, continued Mrs. Rome. Regarding the Hoffman/Broadview Parcel, Mr. Waldman read the following from the Gee and Jensen report. Location - Lots 59W, 60W, 62, 65 and 69W (according to Building Department records) Current Land Use - Undeveloped/vacant Size - + 24 acres Zoning - RMM (Maximum 15 D.U./Acre) Current Future Land Use Plan Designation - MFM (12-15 D.U./Acre) Adjacent Land Uses - North - Town Hall Complex/vacant; South - vacant complex; West - Intracoastal Waterway; East - • Single family across SR A-1-A. hJ PLANNING BOARD Regular and Workshop Meeting October 8, 1986 Page 4 of 7 The major compatibility issue regarding this parcel is the fact it is (with the exception of the Regency Complex) located in a lower density portion of the Town which "generally" runs South along both sides of SR A-1-A, from the Town Hall to Russell Drive. The Town does have, from a land use point of view, a valid case for considering density adjustments on this parcel. The Regency Complex is a high density development which could create a possible conflict. However, the fact this complex was approved over 10 years ago (prior to the State's current growth management mandate) is a valid argument to counter this "conflict issue". There seems to be no question the parcel will be adequately buffered from conflicting adjacent land uses; i.e., the parcel is generally surrounded by low density developments. The Town could consider a plan designation for this parcel of MFL (up to 8 D.U./Acre) and a corresponding zoning of RML (maximum 8 D.U./ Acre). Mr. Waldman stated he is tired of attorneys saying they have an extension of an RPUD (which they do not have). The Town Commission voted 5 to 0 that the RPUD expired July, 1985. Chairman Saunders said the Hoffman Parcel is owned by three separate parties and would be extremely difficult to treat separately. Attorneys for these parcels will understand that whatever final zoning or density the Planning Board comes up with, this site must be treated as one, continued Chairman Saunders. At this point, the Chairman invited the attorneys to come forward and offer their comments. Attorney Ciklin stated that without seeing the report he could not comment; however, he feels his clients' rights are being trampled. Mr. Waldman emphasized the Board is here to get in -put from the attorneys as to what they think the properties should be zoned and why. The Board has not heard from any of the attorneys as to what they want. We read the report, continued Mr. Waldman, the ball is in your court. Attorney Ciklin said the Board is taking action without affected parties getting the report; we can not comment on something we have not seen. Chairman Saunders said the Planning Board would not take any action without receiving in -put from the attorneys. Attorney Slinkman said he had no comments to make as he does not know what the Board's concerns are; I can not comment on a report I have not received. 0 PLANNING BOARD Regular and Workshop Meeting October 8, 1986 Page 5 of 7 Town Attorney Sliney said there was a misunderstanding; it took Gee and Jensen longer to complete the report than was anticipated. It was suggested by the Town Attorney that another Workshop Meeting be combined with the meeting scheduled on October 22, 1986. Mr. Waldman stated the Board had many meetings and has yet to hear one thing from either of the attorneys as to what they want and why it should be zoned in a particular category they would select. We heard from the public but not from Attorneys Ciklin and Slinkman - we heard from people in this Town who are affected by what is done in Town, continued Mr. Waldman. Town Attorney Sliney said if the Board combines the Regular and Workshop Meeting on October 22 to discuss those parcels, it will be necessary to repeat the agenda for today's meeting. Chairman Saunders said two weeks from today would give the affected parties ample time to get the report and study it and come on October 22 to make comments to this Board. When Mr. Futernick questioned Attorneys Ciklin and Slinkman if they will be available for a meeting on October 22, Attorney Ciklin replied the Board should set the meeting whenever they choose. Chairman Saunders said the quicker we get this on the table, the better for everyone - the October 22 meeting will be a Regular and Workshop Meeting with the Frederick Property first on the agenda (followed by the Boca Hi "B" and "C" Sites, Hoffman/Broadview Parcel). Mr. Waldman made a MOTION, seconded by Mr. Futernick, to designate October 22 as a Regular and Workshop Meeting to consider the Boca Hi "B" and "C", Hoffman/Broadview Parcel and other parcels on the agenda. Town Attorney Sliney advised a new agenda be prepared showing number three as OLD BUSINESS to incorporate today's agenda as the new notice for the meeting on October 22. A roll call vote resulted as follows: Mr. Futernick 'aye' Mrs. Rome aye' Mr. Saunders 'aye' Mr. Waldman 'aye' Mr. Ward ' aye' Mr. Waldman said as long as we have Mr. Toshner's report, it is not necessary for him to attend the meeting on October 22. Chairman Saunders said the members would welcome comments from the Highland Beach Residents in the audience. • •PLANNING BOARD Regular and Workshop Meeting October 8, 1986 Page 6 of 7 Terry Natoli, resident/owner at 4740 South Ocean Boulevard, said the fact that people are here today indicates they are very concerned with Highland Beach; our interest has been demonstrated. We implore you to pay strict attention and act on the density. Our concern is water, traffic and the lack of facilities at Boca Hi. Do not vote on a plan that would add to the present problems. These are our feelings and hope for Boca Hi and the Community at large, continued Mrs. Natoli. Joe McKeever, a resident at 4740 South Ocean Boulevard, said he agreed with what Mrs. Natoli said. We heard from everyone what the concern are. It seems the Planning Board has given these people a chance. At the October 22 meeting, let's make a decision and get something done, stated Mr. McKeever. Charles Arbetman, resident/owner at 4740 South Ocean Boulevard, stated he is a retired attorney from Illinois. The attitude of these gentlemen who are members of the Florida Bar leaves much to be desired. We have a serious problem here and I think our attorney should have a talk with the counsel sitting here on the bench, continued Mr. Arbetman. A copy of the attached report by Regular Member A. Leng (absent from this meeting) was read into the minutes by Mr. Ward. When Mr. Waldman said they have not heard from the developer's side as to what they expect and want, Vice Chairman Rome stated if they don't offer any in -put, at the next meeting the Planning Board will vote as they see fit. Town Manager Williams advised the final copy of the Gee and Jensen report is available at the Town Hall Office for a fee. Town Attorney Sliney said the report is public record and while it did not get here as early as we expected, we do not have the burden of supplying the report to the property owners. The Town has no obligation of sending these reports out, continued Attorney Sliney. Mr. Ward said the Planning Board still has to make sure it is performing fairly. To go ahead without insuring they have the report would be wrong, stated Mr. Ward. When Mr. Ward questioned why the report was not received on the date it was promised, Town Attorney Sliney said the report is more extensive; it took more time to put it together - there is more data to review. Vice Chairman Rome said the Planning Board can write a letter to Mr. Toshner stating if a report is promised by a certain date, it can not come in late. • PLANNING BOARD • Regular and Workshop Meeting October 8, 1986 Page 7 of 7 Mr. Waldman said we have an excellent report. It took a little longer to prepare - it is a job well done. We asked the attorneys representing the property owners if October 22 was suitable and they did not come forth; they said nothing. Their tactic is to delay, continued Mr. Waldman. When Chairman Saunders asked if Mr. Toshner's report should be sent via Certified Mail, The Town Attorney sid it was not necessary; the attorneys have the obligation to get the report themselves. Vice Chairman Rome added the person wanting the report should pick it up. The Town does not have the responsibility to disseminate information. When Mr. Ward said the Planning Board wants to make sure everything is right, Town Attorney Sliney said everyone will be notified that at 9:30 A.M. the Frederick Property will be discussed -- at 10:30 A.M. we will discuss the future land use plan on the remaining parcels. Mr. Ward made a MOTION to adjourn the meeting. Mr. Waldman seconded the MOTION which was favorably received by all members. Chairman Saunders adjourned the Regular and W shop Planning Board at 11:10 A.M. -60 ATTEST Date: a i amk 0 AP S ing of the rs, Chairman L-<� D. R. Rome, Vice Chairman • /MWW Waldman J. �1. Ward absent A. Le A. Futernick