Loading...
1986.09.10_PB_Minutes_RegularU 0 r TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR AND WORKSHOP MEETING - MINUTES SEPTEMBER 10, 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, A. Leng, C. H. Bartlett (alt.) 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 A. Kramer repre- senting the various property owners, T. Delaney (President of Boca Hi Development), M. Woolsey and many interested Town residents. The Planning Board Members accepted and approved the minutes of the Regular Meeting of August 13, 1986, and the Workshop Meeting of August 20, 1986, as submitted. NEW BUSINESS BIEHL RESIDENCE (LOT 10, BLOCK 2, BEL LIDO SUB -DIVISION) FINAL SITE PLAN REVIEW, DR. A. BIEHL AND GENERAL CONTRACTOR LARRY GRAUE, PRESENT. Vice Chairman Rome informed Dr. Biehl and General Contractor Graue that the landscaping plans were missing when the Planning Board Members reviewed the project at their August Meeting. Dr. Biehl stated "For the record, they were submitted with the original plans". When Chairman Saunders asked if the Building Official reviewed the plans and obtained the necessary items requested by the Planning Board, Mr. Sutherland stated the plans for the Biehl Residence comply with the requirements of the Town Zoning Ordinances and the Standard Building Code. Building Official Sutherland added he had no representation of the electric fixtures but the contractor will be able to show the members what type will be used. The Building Official noted that the extensive dock shown on the landscape plan must be reduced to meet the 25' setback (on each side) requirement. Dr. Biehl dated and signed the landscape plan to indicate his agreement to comply. rA PLANNING BOARD Regular and Workshop Meeting September 10, 1986 Page 2 of 9 As members reviewed the Biehl Residence Plans, they were informed low level ground lighting will be implemented. When Mrs. Leng requested photos of the outside lighting fixtures, Dr. Biehl stated he would submit same. Following the discussion of the plans, Vice Chairman Rome made a MOTION, seconded by J. Ward, to accept the plans for the Biehl Residence subject to final lighting plans being submitted and approved. A roll call vote resulted as follows: Mrs. Leng 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mr. Saunders 'aye' Mrs. Rome ' aye' Town Manager Williams informed the Planning Board that at the September 5, 1986, Town Commission Regular Meeting, the Commission stated they wished the Planning Board go ahead with the three sites on today's agenda. Other parcels may be undertaken after the first of October, continued Mr. Williams. Town Attorney Sliney said the agenda calls for further discussion of the proposal to amend the future land use plan contained in the Town's Comprehensive Plan. Any written comments to the Chairman of the Planning Board should be read; then, comments from the public should be received followed by comments from the property owners. If The draft resolution, continued the Town Attorney, as to what the recommendations on these matters are, should be reviewed. A public hearing would then be scheduled to get the matter started. A separate public hearing should be scheduled for the Frederick Property, said Town Attorney Sliney. As no written comments were received, Chairman Saunders called on the public for their comments. Mr. F. Fink, a resident at Braemar Isle, said he would like to make this board aware of the overcrowding at Boca Hi. We have a beach club and tennis courts that can not handle the people we have at present. There are parking problems in that area and the roads are overcrowded. Continuing, Mr. Fink said he would like the "B" and "C" Sites used for more recreational facilities (tennis courts, putting green and more parking) along with what the Planning Board proposes in the way of apartments. We need your help, said Mr. Fink. Mr. H. Abrams, a resident at Boca Hi, asked what the present zoning law is regarding high-rises and maximum height; and, can the present law be compromised in any fashion to permit a developer to get a variance from the zoning laws. 0 PUNNING BOARD -Regular and Workshop Meeting September 10, 1986 Page 3 of 9 • ,Town Attorney Sliney responded the zoning code itself sets forth the various categories as to what the heights are. Mr. Abrams second question is a legal question; however, it is the Town's intention to enforce the present zoning, said Attorney Sliney. Mr. Abrams then asked why the Planning Board plans to rezone that site. Town Manager Williams answered we are involved today because it was an RPUD with a time limitation which expired. For all intents and purposes, we have to give it a category (we are recommending a classification for those sites to be put into). Whatever the Planning Board comes up with, continued Mr. Williams, can be changed by the Town Commission (or a judge may change that if there is litigation). There is no present zoning law that exists on that parcel; the Planning Board will assign something to that property, said Town Manager Williams. Town Attorney Sliney added the zoning map adopted in 1984 shows the RMM category. The Town reviewed that significant parcel to determine what should be placed on that site (it must be consistent with the land use category), said Attorney Sliney. Mr. John Wagy, a resident of Braemar Isle, stated he has lived in Highland Beach for nine years. It was a high quality, low density community that is now being over -built to the point of compounding traffic problems. The • density and traffic in this beautiful community is far more intense that it is to the South and North of the Town. It is going in the direction of Galt Ocean Mile, stated Mr. Wagy. Mr. Ward, in his presentation, stated it is his sincere belief that it is the duty of this Planning Board to monitor the growth of the Town with particular emphasis on height, density, population, traffic, water supply and sewage facilities. The potential problem of evacuation in case of a hurricane should be considered. The construction rate and population growth in Highland Beach has been excessive and far greater than neighboring townships and Palm Beach County as a whole, continued Mr. Ward. Reports by Camp, Dresser and McKee state Highland Beach's water supply is threatened by salt water encroachment. In May, 1986, the Town pumped 1.8 million gallons of water in a single day. The water situation has changed the whole zoning and land usage problem, said Mr. Ward. The Town Comprehensive Plan indicated in 1981 that traffic along A-1-A was operating at a "C" level of service. In 1985, Palm Beach County traffic counts indicated A-1-A was operating at "D" and "E" levels of service which are considered unacceptable levels, stated Mr. Ward. 40 PLANNING BOARD Regular and Workshop Meeting • September 10, 1986 Page 4 of 9 Mr. Ward said until these problems are rectified, it is doubtful any future projects can be approved by this board - significant limitations must be imposed on the properties under review. The "B" and "C" Sites must be limited to MFL land usage (or RML-1 zoning) which allows 8 units per acre - another 45 units would be permitted, continued Mr. Ward. The Hoffman/Broadview Parcel consists of 24.8 acres with mangroves. Due to the above mentioned problems, said Mr. Ward, this property should be rezoned RML-1 (or land usage MFL) which would permit construction of 8 units per acre. Other properties listed on the agenda for this meeting, continued Mr. Ward, should be amended to MFL land use and rezoned RML-1. Continuing, Mr. Ward said on July 9, 1986, this board made a resolution that Boca Hi "B" and "C" Sites, Boca Cove and Hoffman Property be redesignated MFLM under the land use plan which represents a zoning designation of RML-1 or RML-2 which allows 8 to 12 units per acre. The board members question the MFLM designation and suggest MFL. The planner recommended the MFM designation; however, with the water and traffic problems, there is no way the Town can support the MFM density, continued Mr. Ward. • When members questioned if consultant J. Toshner was requested to attend today's meeting, Town Manager Williams said Mr. Toshner has given a pre- liminary report (he has not had time to finalize the report), you have his comments in writing. It was not necessary for Mr. Toshner to be here today, continued Mr. Williams; the purpose of today's meeting is to receive in -put. When Mrs. Leng questioned the time -frame regarding Mr. Toshner's final report, Mr. Williams said Mr. Toshner is working as fast as he can; it will require approximately two weeks for the final report. Mr. Waldman complemented Mr. Ward on his presentation. It was not necessary for Mr. Toshner to attend today's meeting, said Mr. Waldman, as he has given us his in -put; we can take the ball from here. Mrs. Leng thanked Mr. Ward for his excellent report. With Mr. Toshner up- grading his report, said Mrs. Leng, I don't see what he could have added today. Having read the Shoreline Management Proposal of Palm Beach County which stated the population should be directed away from coastal areas, Mrs. Leng suggested giving that manual to Mr. Toshner to incorporate into his report. • PLANNING BOARD Regular and Workshop Meeting September 10, 1986 Page 5 of 9 Town Attorney Sliney said a consultant was engaged but you make the final decision. Mr. Ward's report was very good. All reports should be considered when you make the changes. You make your decision based on the public comments and what is best for the owners and their properties. There is no single recommendation agency you have to abide by, continued Attorney Sliney. Vice Chairman Rome said she would like a copy of Mr. Ward's excellent report; I would like to hear from the people on our agenda (and their representatives). Chairman Saunders requested the representatives of the Hoffman/Broadview Parcel come forward, identify themselves and present their comments. Attorney K. Slinkman identified himself as the representative for Paul and Camille Hoffman with Attorney Alan Ciklin representing Broadview. Attorney Slinkman stated it is the Planning Board's proposal for rezoning; we are here to learn. We prefer to hear your views and what you have to tell us; then, we may have questions and comments later. Attorney A. Ciklin, representing Hoffman/Broadview and Boca Hi, said from the conversation going on, a large part of the decision making process has been made by the majority of the board. A resolution was proposed to down - zone both of his clients' parcels. Continuing, Attorney Ciklin said he would have liked to have heard what Mr. Toshner had to say as he is the Town's professional planner and charged with the responsibility of the professional report. We see this as a decision that has been made --we have no further in -put --we will listen, stated Attorney Ciklin. Vice Chairman Rome, addressing Attorney Ciklin, stated this board has not decided anything in advance. This board is concerned with the over- building and over -use of all things in this Town. In reply to the comment this board made up it's mind, the land use on this property has to be changed; how we will change it has not been decided, continued Mrs. Rome. Mr. Waldman added this board is here for in -put; we have not made up our minds on anything. When Mr. Ward commented Mr. Toshner made his presentation on July 9, 1986, and all were given the opportunity to consult with him privately, Attorney Slinkman stated they did not confer with Mr. Toshner as he gave a preliminary report and needs to do a final report --Mr. Toshner has nothing to tell us. Mr. Waldman questioned how the board members can issue comments if they have not heard everyone's comments. We are here to listen. .• 0 PLANNING BOARD Regular and Workshop Meeting . September 10, 1986 Page 6 of 9 Town Attorney Sliney agreed with Mr. Waldman and stated there are various things to be considered (like the report of the consultant). The purpose of this meeting is to get comments from all - we have given them ample opportunity to comment. Attorney Slinkman said the resolution of July 9, 1986, was passed to rezone the properties. Mr. Toshner has given a preliminary report, he should give you a final report soon. I have not seen a study or final report of substance, continued Attorney Slinkman. I would like a copy of Mr. Ward's study, said Attorney Slinkman; give us these studies with time to review so we can propose some solution. Every town along the coast of Florida, continued Attorney Slinkman, has problems with salt water intrusion. The Planning Board, stated Attorney Slinkman, should insist on a final report from the man making recommendations to it. Mr. Waldman said the town planner is one of the tools used in rezoning; we do not accept his word as law, we use his in -put. After looking at all the in -put, we arrive at a decision. Mr. Ward commented that the July 9, 1986, resolution was passed to get things going. . Town Attorney Sliney said the board had to get the ball rolling. On July 9, 1986, you did that; however you are not bound by that resolution. Whatever the board decides goes to the Town Commission where it is reviewed. Mr. Bartlett stated he feels as strongly as does Mr. Ward. We must arrive at an intelligent decision as to the future growth of this community. Control is necessary. The board approached the matter in the proper manner. No final decision has been made by this board - we are proposing to set up a public hearing on this matter. Mr. Futernick said Attorney Ciklin represents Broadview and Boca Hi; and, he has copies of Mr. Toshner's report. We can not take away the rights to build from the property owners - we will give fair hearings. The Town Com- mission and the Planning Board will be advised by the Town Attorney, continued Mr. Futernick. Vice Chairman Rome stated there is a lack of cooperation on the part of the Town Commission and Town Manager. The Planning Board Members requested the town planner attend today's meeting. Representatives of property owners are present and there is nobody here from Gee and Jensen. I can not go on without more in -put from the town planner, continued the Vice Chairman. u PLANNING BOARD Regular and Workshop Meeting • September 10, 1986 Page 7 of 9 It seems we would have to call another meeting, said Vice Chairman Rome. I am concerned about the expansion of the Town. I have been for reduced development. I do not go along with what has gone on in Town, continued Vice Chairman Rome. Chairman Saunders said he agrees with the Vice Chairman. Any comment on the part of the public or board member should be done in the open, not in the closet. If the town planner were here, he could comment, stated Chairman Saunders. Mr. Waldman said he can not see how the board can do much more than it has done. We have a complete report from Mr. Ward. If Mr. Toshner were here today, he would be repeating himself. We have given everyone a chance to give in -put. We have given notices - we have more information than most cities, continued Mr. Waldman. Mr. Benjamin Cohen, a resident at Braemar Isle, said he heard some startling information today. There is too much congestion in Highland Beach. The information by Mr. Ward regarding traffic and water is startling. I have not seen much differentiation between a preliminary and final report. Representing the Frederick Property (Town Lots 133 - 137) were Mike Woolsey and Attorney Arthur Kramer. Mr. Woolsey said he discussed this property with the Town Manager, Building Official and Town Attorney. Continuing, Mr. Woolsey said his client wishes to comply more or less with the proposal indicated on the agenda and map of up -zoning from RS to RE. The West side of A-1-A is the only portion Mr. Frederick controls. When Vice Chairman Rome questioned the Unity of Title between the East and West Properties, Mr. Woolsey said it still exists (it is a minor problem). Continuing, Mr. Woolsey said the new plan will be in harmony with today's discussion. We are prepared to discuss alternatives of large lot subdivision. The action to be taken, said Mr. Woolsey, is not a Comprehensive Plan change as this is consistent with the low density residences in the area. Our plans coincide with both zoning categories in the Town. We will apply for a conceptual site plan review, continued Mr. Woolsey. When Vice Chairman Rome advised Mr. Woolsey that conceptual plans must be submitted to the Town Commission, Mr. Woolsey mentioned the Town Attorney and Town Commission feel this would not be the time to accept that plan. Town Attorney Sliney said the Town Commission stated the Town policy, while properties are considered for reclassification, was not to accept plans. Your issue is a separate matter and should be heard at a separate meeting. PLANNING BOARD Regular and Workshop Meeting • September 10, 1986 Page 8 of 9 Continuing, Attorney Sliney said he spoke with both property representa- tives. The Town wants the Unity of Title taken care of before anything is finalized on either of those properties. Attorney Eisen is aware of the Town's feelings on the subject, said Attorney Sliney. Vice Chairman Rome mentioned the owners of the East side are perfectly willing to go along with the estate classification. There were no representatives from the Enclaves of Boca Cove and Boca Cove Parcels. While the Regency Parcel had no representation, Alternate Member Bartlett, who is a resident/owner at the Regency, said that property would not be directly affected as it is under the owners (no developer is involved so no further building will go on). Representing the Connaught Parcel was Attorney John Corbett who stated the owners have the right to complete the development. Any amendments should be supported by adequate studies. Mr. Toshner did not study this property. I suggest you wait until this study is completed before you take any action, continued Attorney Corbett. Town Attorney Sliney said most property owners claim vested rights which is separate from what the Planning Board is doing here. We do not agree with their contention of vested rights. I will send you a copy of Mr. Toshner's report, continued Attorney Sliney. When Attorney Corbett said he was informed by Mr. Toshner on Monday that Mr. Toshner was instructed not to talk to individual property representa- tives, Town Manager Williams said that order came from the Town Commission. Town Attorney Sliney said the Town Commission feels you can talk to Mr. Toshner but it should be done in an open session. Mr. Toshner will be with us at future meetings. Any reports will be made available to all property owners, continued Attorney Sliney. When Attorneys Slinkman and Ciklin said they want a copy of the report, Town Attorney Sliney replied it is public record and available to all. Whatever new information is received will also be available, said Attorney Sliney. Following a ten minute recess, Chairman Saunders reconvened the Planning Board Regular and Workshop Meeting at 11:25 A.M. Town Manager Williams phoned Mr. Toshner who advised the final report will be ready in three weeks from today (October 1, 1986). • 00, PLANNING BOARD Regular and Planning Board Meeting •September 10, 1986 Page 9 of 9 Chairman Saunders scheduled the next Re ular Worksho g of the Planning Board for Wednesday, October 8c, 1986, at 9:30MA.M. with the agenda closing on Tuesday, September 23, 1986, at noon. Chairman Saunders instructed the recording secretary to notify all present of the agenda for the October 8, 1986, meeting. Attorney Sliney said the meeting should be billed as a Regular Meeting with a Workshop portion so the board can take official action if they do pass a resolution. Then, the board will set a public hearing date and go on from there. When Attorney Sliney said the Frederick Property is a separate issue and should be handled individually, Vice Chairman Rome suggested a meeting date of October 22, 1986, at 9:30 A.M. for this matter. Both the East and West property owners are to be notified accordingly. There were no representatives for the Slagle or Deganahl Parcels. Mrs. Ruth Hammerman, a Highland Beach resident, addressed the board to express her concern regarding the large parcel known as Hoffman Property. As there were no further items for discussion, Mr. Waldman made a MOTION, seconded by Vice Chairman Rome, to adjourn the meeting. Chairman Saunders adjourned the Regular and Workshop Meetin Planning Board at 11:35 A.M. - r1a e I S. Saundexys , = r n D. R. Rothe, Vice Chairman r y " 2, M. Aal man . 'e- 1"�,e . J//E. Ward melie L ng