1986.07.09_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA . PLANNING BOARD REGULAR MEETING - MINUTES JULY 9, 1986 9.30 A.M. Chairman I. S. Saunders called the Regular Meeting of the Planning Board of the Town of Highland Beach to order at 9:30 A. M. The recording secretary called the roll. 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, Architect J. Drago and interested residents of Highland Beach. Vice Chairman Rome made a MOTION, seconded by Mr. Waldman, to approve and accept the minutes of the June 11, 1986, Planning Board Meeting as submitted. The MOTION carried unanimously. NEW BUSINESS BASSOLINO RESIDENCE (LOT 124N) FINAL SITE PLAN REVIEW - ARCHITECT/ GENERAL CONTRACTOR J. DRAGO, PRESENT. Chairman Saunders requested the representative of the Bassolino Residence step forward and identify himself. James Drago identified himself as the Architect/General Contractor for the Bassolino Residence (Town Lot 124N). The Planning Board Members reviewed a site plan application and plans for a proposed single family residence to be constructed on Town Lot 124N which is North of and adjacent to the Japaneese single family structure on South Ocean Boulevard. In explaining the architectural plans, Mr. Drago advised the members they have a 20' setback (which is more than the requirement) on the South side of the property which is adjacent to the house next door. When Chairman Saunders requested the Building Official enlighten the board members as to his review of the site plan, Mr. Sutherland stated the proposal meets all the necessary zoning and building code is requirements. L PLANNING BOARD Regular Meeting • July 9, 1986 Page 2 of 10 Mr. Drago proceeded to explain that this proposal is a completely new plan; the original submission that was "conditionally approved" by the Planning Board at their February 12, 1986, Meeting was discarded. When Vice Chairman Rome questioned why architects design kitchens with oven/stoves right next to refrigerators, Mr. Drago replied that kitchens generally end up that way because that is what the client requested. Mrs. Leng requested to see a copy of the original submission so that members can review what had been previously okayed; and, the members could compare the original with the newest proposal. The Building Official advised the members that this totally new plan is for a residence that is about two-thirds the size of the original proposal. Continuing with the explanation, Mr. Drago informed the members that the window frames will be of bronze anodized aluminum with a light bronze glass pane (you don't really see the bronze tint). Mr. Drago said his client picked a black roof because of the contem- porary design of the house and they want contrast. The roof will be flat and well insulated so as not to allow any heat to be transferred back into the house, said Mr. Drago. Following the review and lengthy discussion outside the hearing of the recording secretary, Mr. Drago noted the changes recommended by the Planning Board Members on the plans which he dated and initialed. When Mrs. Leng requested to see the old landscape plan where the Plan- ning Board marked what was to be up -graded, Mr. Drago said that plan was never finalized. Continuing the discussion, Mrs. Leng stated the trees should be from 15' to 20' tall. Mr. Drago added the Buttonwoods will remain and two street trees (Calophyllum) will be planted. Vice Chairman Rome said Mr. Drago agreed the lighting fixtures will be down lights with no ball type exposed fixtures. Mrs. Leng said Mr. Drago is very cooperative and will do what is necessary; he has agreed to most of the changes recommended. • ., PLANNING BOARD Regular Meeting • July 9, 1986 Page 3 of 10 Mrs. Leng made a MOTION, seconded by Vice Chairman Rome, to approve the plans for the Bassolino Residence. A roll call vote resulted as follows: Mrs. Leng 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mrs. Rome 'aye' Mr. Saunders 'aye' Mr. Drago thanked the Planning Board Members for their consideration and time. ROYAL HIGHLANDS (TERON INTERNATIONAL) HYDROSTATIC PRESSURE REPORT (TOWN LOTS 20 thru 28)- EXECUTIVE -VICE PRESIDENT L. SCHMIDT, STRUCTURAL ENGINEERS D. HAMBRICK AND G. KRAUSE, PRESENT. Mr. Schmidt of Teron International said he is before the board to bring the members up to date on the hydrostatic pressure report regarding the Royal Highlands Project. The Coastal Engineering Analysis document, prepared by Olson & Assoc- iates for the Royal Highlands Project, generated the statistical basis for the worst case of a 100 year storm and provided the structural engineers with the loads associated with that impact; and, the structural engineers subsequently designed the seawall in that regard, said Mr. Schmidt. Mr. Schmidt, in explaining the seawall, said the East/West return wall was moved 15' further North to create more of a weir behind it (in a sense, it will all be covered over again). Another benefit, continued Mr. Schmidt, was that the seawall was moved further away, during construction, from the existing Ambassadors South garage where there are major problems. The way to deal with hydrostatic pressure associated with the breaking wave action storm, said Mr. Schmidt, is through the design of a seawall. Mr. Schmidt said the report from Soils and Material Engineers, Inc. concludes they did not see any problem; however, if a problem is suspected, there are a number of ways to deal with it. Continuing, Mr. Schmidt said Soils and Material Engineers, Inc. pro- • pose a series of pressure relief holes together with break-aways in the slab. Under the worst conditions, what would happen is a section of the slab would lift up so the entire floor would not be lost. we PLANNING BOARD Regular Meeting • July 9, 1986 Page 4 of 10 When Vice Chairman Rome questioned if the first level exterior walls would be break -away, too, Mr. Schmidt replied "No". As part of the program, said Mr. Schmidt, we are rebuilding and re - vegetating the beach; and, we have a thoroughly significant toe -scour revetment (to take up some of the load) which will run along the entire face of the property. The rebuilt beach, continued Mr. Schmidt, will be between 16/19' in terms of elevation with the first finished floor at 22'. Both levels of the garage will be behind the dune except for the center amenities area where it slopes down again. When Mr. Waldman questioned how much of the building would be flooded under a storm with a top of wave action between 16/191, Mr. Schmidt responded none of it would be flooded due to the way it is being designed; we are bringing the seawall up under the first living level which is at 22' . At Mrs. Leng's request, Structural Engineer Hambrick showed and ex- plained the effect of the 'toe -scour revetment' that will be imple- • mented at the Royal Highlands Site to prevent beach erosion. Town Manager Williams advised the members that the Town is trying to initiate a program with adjoining properties whereby the owners can take advantage of the great volume of sand left over at the Royal Highlands Site. When Vice Chairman Rome asked how the structural engineer will design the first floor system to resist the anticipated hydrostatic pressures associated with rising water, Mr. Schmidt answered "with a thicker slab". Continuing, Vice Chairman Rome said another solution suggested de- signing the first level as a slab -on -grade with pressure relief; valves that are activated automatically and used in conjunction with sump pumps. Engineer Hambrick said that basically would be the method they would use. Engineer Hambrick said they would use the pressure relief valves and pressure relief holes in the slab which would permit the syphoning off of any hydrostatic pressure entrapped underneath the slab (it can bleed through the holes). If water gets up to the 4.75 elevation, it • can come up above the slab. Sump pumps will also be used, said Mr. Hambrick. PLANNING BOARD Regular Meeting • July_9, 1986 Page 5 of 10 Mr. Schmidt advised the members he expects to start on the seawall as soon as the separate seawall permit is received; and, construction of the project will begin as soon as the full building permit is obtained. Everything will be submitted the first week of August. Building Official Sutherland informed the members he will consult with an engineering firm regarding the Royal Highlands Project plans. Ap- proval from the Department of Natural Resources relative to the return wall running East and West was received, said Mr. Sutherland. Chairman Saunders thanked Mr. Schmidt and the Structural Engineers for their enlightenment and explanation. The Planning Board Members were informed by Chairman Saunders that Mr. John Toshner of Gee & Jensen was out of Town and unable to attend this meeting. The Town Attorney advised the members that there is a list of things that have to be done on rezoning and it is being done in a very logical sequence of events. • The Town Commission, continued Town Attorney Sliney, engaged a planner (Gee & Jensen); we have to work together to coordinate these matters. Gee & Jensen submitted a report with recommendations which we are going forward with, assuming the Planning Board concurs with said recommendations. Today, with your concurrence, we will go ahead, said Town Attorney Sliney. You will authorize Mr. Toshner of Gee & Jensen and myself to prepare a Comprehensive Plan Amendment (assuming you want to change the Comprehensive Plan) as relates to the B & C Sites. Town Manager Williams informed the Planning Board Members that the method dictated by the Department of Community Affairs must be very carefully followed in order to protect the Town. When the Planning Board is finished with this process, continued Mr. Williams, it will be forwarded to the State where it will remain for three months. Town Attorney Sliney said the next step the Planning Board has to take is to change the 'land use' if any property in Town is to be rezoned. The report from Mr. Toshner of Gee & Jensen indicates the Board should consider amending the Comprehensive Plan for the B & C Sites and the • adjoining property to the North, said Attorney Sliney. PLANNING BOARD Regular Meeting • Jul 9, 1986 Page 6 of 10 Town Attorney Sliney sait it's very important that all members become familiar with the Comprehensive Plan. Town Manager Williams added the State Acts are very definite; if you are going to change zoning, the first step you have to take is to change the Comprehensive Plan. Town Attorney Sliney explained the current Comprehensive Plan shows a designation of MFM for the Boca Hi B & C Sites. The legend on the land use map indicates MFM is Multi -family Medium. As relates to the zoning, the category is RMM which allows 15 dwelling units per acre. Under the MFM land use designation, the range is 12/15 dwelling units per acre. Gee & Jensen's recommendation would change this property to MFLM under the land use category. Continuing, Attorney Sliney said MFLM for the land use category is Multi -family Low with a range of 8/12 dwelling units per acre which would allow the Planning Board to select either RML-1 or RML-2 in the zoning category. Mr. Waldman said MFL would be RML-1 or RML-2 in the zoning category which would be consistent to the adjoining properties of Boca Hi. Town Attorney Sliney said the land use plans have ranges that were designed to permit flexibility with the zoning. The Planning Board will decide on a zoning designation at a later date when separate hearings are held. The Planning Board Members, said Attorney Sliney, must consider what is to the North and what is to the South of the B & C Sites. The reason we're talking about rezoning the property adjacent (like 15 N and 15 S) is we want to be consistent - we want to have buffering. If you decide to go ahead with the Frederick Property on the North end of Town, continued Attorney Sliney, you will not have to change the Comprehensive Plan because it is already single family. You would go straight to zoning. Continuing, Town Attorney Sliney said at the South end of Town, the Comprehensive Plan must be changed first because the Board is thinking about a zoning category which is inconsistent with the Comprehensive Plan. The new zoning on Frederick Property would go from RS to RE which is • in the same land use plan; there is no problem. PLANNING BOARD Regular Meeting • July 9, 1986 Page 7 of 10 When Mr. Bartlett expressed confusion with the two systems of designa- tion, Town Attorney Sliney said that is the way it is set up. Mr. Williams added "Before you do any zoning, you have to do the Compre- hensive Plan; and, any zoning that you do has to be in conformity with the Comprehensive Plan". When Mr. Ward questioned if the land usage changes have to be approved by Tallahassee, Town Manager Williams said "Yes Zoning is local and does not require approval from Tallahassee, stated Mr. Williams. So, said Mr. Ward, in other words, to get this through quickly or without delay, we should try not to have a change of land usage so the zoning can go through. When Vice Chairman Rome questioned the MFM and MFL designations on the land use plan, Town Attorney Sliney informed the members that MFM allows 8/12 dwelling units per acre while MFL allows up to 8 units per acre. Vice Chairman Rome questioned if it would make sense to extend the • MFL zoning further Southward to take in Boca Cove, the Enclaves and the B & C Sites in order to keep the area uniform. Town Attorney Sliney said the board can't forget what's down ther-e- you've got water but you also have high-rises. Property under the RPUD, continued Town Attorney Sliney, had 25/30 or more units per acre. Now, it's 15 units per acre. You're talking about going from 15 to 8 (perhaps lower) if you go to MFL. The pro- perty owner probably still maintains he has the RPUD, said Town Attorney Sliney. When Vice Chairman Rome asked if that matter were in the appellate division, Town Attorney Sliney said the previous litigation has been settled; the ultimate litigation will probably come when the property is rezoned. Town Attorney Sliney requested the members tell him what land use classification they want to amend the B & C Sites to (he suggested including the adjoining property). Then, Mr. Toshner and Attorney Sliney will prepare an amendment, in the form of a resolution, that the members will approve at the Special Meeting of the Planning Board set for July 25, 1986, at 9:30 A.M. • PLANNING BOARD Regular Meeting • July 9, 1986 Page 8 of 10 Regarding the State limitation of two zoning changes per year, Town Attorney Sliney suggested holding separate public hearings on the various parcels with the adoption process for all being done at one time (group the amendments; adopt them all at the same time). Town Manager Williams distributed copies of the Comprehensive Land Use Plan to the members. Vice Chairman Rome made the MOTION that "we take the B & C Sites and the Sites called the Enclaves and Boca Cove (that's all the land up to Russell Drive) and designate that as MFLM making a stepped down land use plan between MFM and MFL, which is on the West side of AlA". Mr. Waldman seconded the MOTION. follows: Mrs. Leng 'aye' Mr. Ward 'aye' Mr. Saunders 'aye' The roll call vote resulted as Mr. Waldman 'aye' Mrs. Rome 'aye' • Vice Chairman Rome made a MOTION "directing Town Attorney Tom Sliney and Mr. John Toshner to prepare the amendment in accordance with the previous MOTION for formal resolution approval on July 25th". • The MOTION was seconded by Mr. Ward. A.roll call vote resulted as follows: Mr. Ward 'aye' Mrs. Leng 'aye' Mrs. Rome 'aye' Mr. Saunders 'aye' Mr. Waldman 'aye' In discussing the Hoffman Property, Town Manager Williams informed the members, that years ago, the Florida Inner Navigation District pur- chased parcels of land along the Intracoastal Waterway where they could place the sludge from the dredging of the canal. When they are through dredging in the area, FIND will let that revert to another governmental body. It probably will be taken up by the county and kept forever as a sanctuary, continued Mr. Williams. At the Hoffman Property, the FIND property is referred to as Government Service District 63. Vice Chairman Rome stated the property from the Regency Highlands to Town Hall, including the Hoffman Property should be designated MFLM. n • PLANNING BOARD Regular Meeting July 9, 1986 Paste 9 of 10 The following MOTION was made by Vice Chairman Rome and seconded by Mr. Waldman "that we take the property known as Lots 56 through 71 inclusive, on the West side of AlA, and redesignate that as MFLM". The roll call vote resulted as follows: Mr. Saunders 'aye' Mr. Waldman 'aye' Mr. Ward 'aye' Mrs. Rome 'aye' Mrs Leng 'aye' Continuing, Vice Chairman Rome made a MOTION "I further move we ask the Town Attorney and Mr. Toshner to prepare the appropriate amendment in accordance with the previous MOTION so we can act on this on July 25th". Mr. Waldman seconded the MOTION. The roll call vote resulted as follows: Mrs. Leng 'aye' Mrs. Rome 'aye' Mr. Saunders 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Vice Chairman Rome said several months ago she proposed to rezone the Frederick Property, the East side, to RE from RS. On the Comprehensive land use plan, it is single family designation, continued Mrs. Rome. Building Official Sutherland explained the RS designation requires 10,000 sq. ft. lots while the RE designation requires 30,000 sq. ft. lots. Town Manager Williams said the Board went to step two and may want to consider a MOTION to have a public hearing to seek in -put on chang- ing lots 133 through 137. Town Attorney Sliney added "this would be 133 through 137 on both sides of AlA". Vice Chairman Rome made the MOTION "that Lots 133 through 137 inclu- sive, on East and West of AIA (at the North end of the Town) be rezoned to RE and that the Town Attorney draw up the appropriate amendments so we can have a public hearing". When Mr. Ward asked what the total acreage of the property was, Town Attorney Sliney said on the East side there are 5 Byrd Beach lots which . conform to the five lots on the Town Map; on the West side there are 6 lots (1 through 6 of Camelot on the Atlantic). This property is actually platted, continued Attorney Sliney. PLANNING BOARD Regular Meeting • July 9, 1986 Page 10 of 10 Mrs. Leng seconded the MOTION. Mrs. Deng 'aye' Mr. Saunders 'aye' Mr. Waldman 'aye' A roll call vote resulted as follows: Mrs. Rome 'aye' Mr. Ward 'aye' When vice Chairman Rome expressed concern with "that motel" on the Frederick Property, Town Attorney Sliney stated the 'Unity of Title' has to be severed so that whoever builds on the ocean side (East) has no interest in the West side. When Mr. Ward questioned ownership of the Frederick Property, Town Attorney Sliney said "to the best of my knowledge, Mr. Frederick personally owns the West side property and Sunrise Savings & Loam owns the East side". Town Manager Williams informed the members that when they complete the entire process with the Planning Board, that procedure must be repeated with the Town Commission. Chairman Saunders scheduled a Special Meeting of the Planning Board . on July 25, 1986, at 9:30 A.M. Town Attorney Sliney said the members will officially adopt their resolutions on these three matters, set public hearings and be on with it. The Town Attorney will coordinate with Mr. Toshner. vice Chairman Rome made a MOTION, seconded by Mr. Ward, to adjourn the meeting. Chairman Saunders adjourned the Planning Board Regular Meeting at 11:55 A.M. APPROVED: ATTEST:II L . Date: / �- amk I. S. Sau ers, Chairman D. R. Rome, ice hairman Yo M. Waldman J E. Ward f�- A. Leng