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1986.06.11_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA . PLANNING BOARD JUNE ll, 1986 9.30 A.M. Vice Chairman Doris Rome 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 Vice Chairman D. R. Rome, M. A. Waldman, A. Leng, C. H. Bartlett (alt.) and A. Futernick (alt.). Also present were Town Attorney T. E. Sliney, Building Official B. Sutherland, Commissioner B. J. Stewart, Recording Secretary A. M. Kowals and several residents of Highland Beach. Absent from this meeting were Chairman I. S. Saunders and Regular Member J. E. Ward. Mr. Waldman made a MOTION, seconded by A. Leng, to accept and ap- prove the minutes of the May 14, 1986 Regular Meeting as submitted. The MOTION carried unanimously. NEW BUSINESS STEWART RESIDENCE, 3723 SOUTH OCEAN BOULEVARD (TOWN LOT NO. 66), FINAL PLAN APPROVAL FOR LAP POOL. Commissioner Betty Jean Stewart, addressed the board and informed the members that she has been a twenty year resident in the single family home at 3723 South Ocean Boulevard, Highland Beach, Florida. Continuing, Commissioner Stewart advised that Mr. Taylor of the Department of Natural Resources has no objection to the proposed lap pool. Sand removed from the pool site will be dumped over the Coastal Construction Control Line with Mr. Taylor's approval, said Commissioner Stewart. Vice Chairman Rome noted the lack of a memorandum from the Build- ing Official regarding this application. Building Official Sutherland advised the pool is in compliance with all aspects of the Code and Zoning Ordinances of the Town. Commissioner Stewart stated the lap pool will be 4' deep, 8' wide, 37' long and it will be positioned 5' further Southward (off the • existing patio) . • PLANNING BOARD Regular Meeting • June 11, 1986 Page 2 of 8 As there were no further questions, Vice Chairman Rome called for a MOTION. Mr. Waldman made a MOTION, seconded by Mr. Bartlett, that the Planning Board accept the Stewart Lap Pool Plans as rendered. A roll call vote resulted as follows: Mr. Futernick 'aye' Mr. Waldman 'aye' Mr. Bartlett 'aye' Mrs. Leng 'aye' Mrs. Rome 'aye' OLD BUSINESS Vice Chairman Rome noted that, as instructed by the Town Commission, Mr. Colman's Final Site Plan Review (Town Lot No. 101 E and W) was removed from the agenda for this Planning Board Regular Meeting as a Special Meeting to discuss this matter was scheduled by the Town Commission on June 20, 1986, at 1 P.M. A memorandum to Anne Kowals, Secretary to the Planning Board, from IsTown Manager Williams (dated June 9, 1986), directing that this matter should not be taken up at this meeting, was read into the minutes by Vice Chairman Rome. Town Attorney Sliney said this matter should not go back to the Planning Board as it is up to the Town Commission and himself to work out the hurdles. It will go back to the Planning Board for site plan approval, if it is worked out. Mr. Waldman stated there was much confusion regarding the May 14, meeting that it might be good to clarify the situation as to how the members feel - the Planning Board did not approve anything at that time. Mr. Waldman said he is opposed to anything that violates the Town Ordinance and he is against granting approval for this particular application in its present form. Town Attorney Sliney stated the recommendation made by Mr. Ward at the May 14, meeting was not an approval from the Planning Board (it was not intended to be an approval) and he wanted the record to reflect it was not an approval. 0 PLANNING BOARD Regular Meeting • June 11, 1986 Page 3 of 8 Vice Chairman Rome stated that at the last Town Commission meeting, it was very clear the Town Commission knew exactly how the Planning Board Members felt regarding Mr. Colman's presentation. Mr. Bartlett stated it was also his impression that the Town Com- mission understood the recommendation of the Planning Board (at that Town Commission Meeting) and the Town Commission is to make a decision in that matter. Mr. Waldman said he would like to send a message to the Town Com- mission to let them know how the Planning Board feels about this issue. Once again, Mr. Waldman voiced his opposition to Mr. Colman's proposal. Vice Chairman Rome stated there is a problem with semantics and changing of mind (that is not the way Mr. Waldman voted). The Town Attorney was asked where the board stands on this matter. Town Attorney Sliney said what the Planning Board did at the last meeting was clear; however, there is nothing wrong with the board writing a letter to the Town Commission expressing their feelings. is When Mr. Waldman said he would like to read his resolution, Mrs. Leng suggested he attend the Special Meeting on June 20, at which time he can verbally state his opinion on the matter. After reading the attached statement, Mr. Waldman said if it needs to be put in form of a MOTION, he so moves. When Vice Chairman Rome asked the Town Attorney if the Board has the right to discuss this matter and make a MOTION in Mr. Colman's absence, (Mrs. Rome felt they would be out of order), the Town Attorney said he thinks it's unfair to reject Mr. Colman's site plan when he is told not to attend this meeting. Town Attorney Sliney said if there is a concensus on the Board that members feel their actions of May 14, need to be explained, they should write a letter to clarify same. Vice Chairman Rome said she doesn't know if this is a good project for the Town or a bad project, that is why she voted for the Town Commission to decide these matters as they have more information than the board has. 0 be PLANNING BOARD Regular Meeting June 11 1986 Page 4 of 8 When Vice Chairman Rome stated there are many questions to be solved at the Town Commission level, Town Attorney Sliney said he has given the Town Commission information as to how this pro- posal could be accomplished; they may choose to rezone that property. If the Town Commission likes the project and wishes to go ahead with it, they will send it back to the Planning Board for site plan approval, at which time any member can vote against it, said Town Attorney Sliney. The Planning Board recommendation would go to the Town Commission where it will be approved or disapproved. As it is still up in the air with the Town Commission, they did not want to waste your time (or Mr. Colman's time) until the governing bodies decide which way to go, said Town Attorney Sliney. FREDERICK PROPERTY PRELIMINARY REVIEW OF A PROPOSAL TO REZONE LOTS 133 thru 137 EAST and WEST. According to Town Attorney Sliney, the Sunrise Savings and Loan Association owns the property on the East side and Mr. Frederick owns the property on the West side. Those properties were split in March, 1986. Town Attorney Sliney said he was advised by a certain attorney that his client is contracting for the purchase of the property on the East side as he is interested in putting up five houses, keeping the area as an Estate Sub -division. The East side may come out the way the Town wants, continued Attorney Sliney. Mr. Mike Woolsey, Mr. Frederick's representative, advised Town Attorney Sliney that they want a total of three houses on the West side - they want to build two more (estate type) houses on that parcel. Continuing, Attorney Sliney said they want to re -plat or work it out. Instead of six homes, there would be three homes on the West side. Vice Chairman Rome added "plus the motel". Town Attorney Sliney advised that can be solved if we can get the new owners of the East side to waive any rights they have to use the amenities building on the West side. I PLANNING BOARD Regular Meeting • June 11, 1986 Page 5 of 8 Building Official Sutherland said the only complication on the East side would be having a common guardhouse and common entry whereby the guard could handle the entire property at one time. vice Chairman Rome noted it would be like the Sanctuary with one single guardhouse for the entire piece of property. Mrs. Leng commented that the property is still considered under "zoning in progress". Town Attorney Sliney said with the state allowing municipalities to amend their zoning only twice a year, we have to schedule which pieces of property we will amend. At the South end of Town, vice Chairman Rome said she would like to change the zoning to RS so that from Parker Highlands down, the Town will not get any high-rises on the ocean (only private homes that would take away congestion in that area because of Boca Hi - the impact of the passing parade and the PUD there). Attorney Sliney, in mentioning the Gee and Jensen Preliminary • Report that was distributed to the members on June 10, said that will be a separate issue; we will require a report or recommenda- tion as to how it can be done. Planning for the ocean properties is important, continued Town At- torney Sliney; let the Town Commission say they would like those properties looked into. Gee and Jensen was contracted for three specific properties: Maravilla - Boca Hi - Hoffman. As the members had no opportunity to study the Gee and Jensen Pre- liminary Report, Mr. Toshner did not attend this meeting, said Town Attorney Sliney. If the Planning Board would like to re-examine the properties at the South end of Town, continued Town Attorney Sliney, the board should write the Town Commission asking that they engage someone to look into it. We need a planner to work with us. Building Official Sutherland advised members that three different plans submitted for Town Lots 14 and 16 were turned down because they did not comply with the Town's zoning criteria; however, they are lining up with our criteria and moving forward to come in with is plans for said parcels. PLANNING BOARD Regular Meeting • June 11, 1986 Page 6 of 8 Since several attempts to submit plans on Lots 14 and 16 have been made, Mrs. Leng questioned if those parcels could be considered under "zoning in progress". Once again, Town Attorney Sliney recommended the board write to the Town Commission stating the Planning Board is interested in looking at Lots 1 thru 12 and request planning assistance from a planner as this is a complicated area. Town Attorney Sliney said Lots 1 thru 5 (Byrd Beach) at 30,000 sq. ft., leaves little to argue about. If they come in with what the members want, the board should work with them (from a potential of 15 down to 5 units). Mr. Waldman stated the board should do first things first --we have the Boca Hi, Hoffman and Frederick Properties. The board should get a list of properties they want to do, meet with a planner and tell him the different items and projects. Let the planner ad- vise as to the procedures. Town Attorney Sliney said he wouldn't get too many things going is at once as Boca Hi and Hoffman will be difficult to resolve. After a brief recess, vice Chairman Rome reconvened the Regular Meeting at 10:50 A.M. Town Attorney Sliney informed the members that page 3 of the Gee and Jensen Report should be corrected --Mr. Toshner will forward a corrected page 3. vice Chairman Rome mentioned the traffic impact in Highland Beach is listed at a "D & E" Level of Service; this report should make the Town aware that AIA is over used. Attorney Sliney advised the members that Mr. Toshner said there are no plans for the state to widen A1A. Mr. Toshner, said Town Attorney Sliney, will be at the next meet- ing at which time we will review the report, finalize it and have a hearing on your recommendations. 40 PLANNING BOARD Regular Meeting • June 11, 1986 Page 7 of 8 Continuing, Attorney Sliney said he does not want to get ahead of things; he wants to get some things out of the way before we have too many things on the board (do Boca Hi separate from Hoffman as they are entirely different properties). We could then have se- parate public hearings, said Attorney Sliney. Vice Chairman Rome requested that Mr. Toshner find out how much buildable acreage exists at the Hoffman Parcel so we know how many acres we are really talking about. Vice Chairman Rome also ques- tioned the outcome of the litigation with Rebecca Walker - we should have an indication of the taxes paid on that property. Town Attorney Sliney stated he never analyzed those tax cases as the Town was not directly involved; the buildable acreage question was resolved in those cases. Mr. Futernick noted the report relating to Boca Hi lists 5 to 7 acres which would indicate the water is included in the new parcel. Mr. Waldman stated he has a survey showing the combined parcel of the Boca Hi B & C Sites is 5.6 acres of maximum buildable area. isThe Marina is used as part of Braemer Isles complex, said Mr. Waldman; you can't build on the water. Town Attorney Sliney said the board's request concerning a planner for the South end of Town should be addressed to the Town Manager. We need factual information to go ahead with this matter, stated Attorney Sliney, and we build a record showing we have a justi- fiable position. Mr. Futernick stated other parcels at the South end of Town should be incorporated to have the zoning changed at the same time. The board has a list of possible sites that should be done now rather than later, continued Mr. Futernick. Town Attorney Sliney said that is an area where the board requires an expert. The Town Commission allocates money for additional planning services, stated Town Attorney Sliney. When Mr. Futernick stated that if the board worked it with the planning recommendations, there would be less flack. Vice Chair- man Rome added that she agrees with Mr. Futernick; it would be zoning in progress. 40 J PLANNING BOARD Regular Meeting • June 11, 1986 Page 8 of 8 Town Attorney Sliney stated it depends on how much the board wants to take on; you don't want the whole Town as zoning in progress. L� C Vice Chairman Rome mentioned Boca Hi, Hoffman and Frederick are set for the next meeting which Mr. Toshner will attend. The next meeting of the Planning Board is scheduled for Wednes- day, July 9, 1986, at 9:30 A.M. (the agenda will close on Tues- day, June 24, 1986, at noon and will include Frederick Property, Status of Hoffman Property and Status of Boca Hi Property, under OLD BUSINESS). The next item on the agenda was to continue a discussion of Build- ing Department Procedures. Following a review of the "Proposed Building Department Procedures" list, which the members approved, Vice Chairman Rome instructed the recording secretary to forward the following memorandum to Mayor E. J. Sullivan, Town Commission with a copy to the Town Manager. "Attached are "Proposed Building Department Procedures" which have been finalized by the Planning Board at their Regular Meeting on June 11, 1986. We recommend their adoption." Mr. Waldman made a MOTION, seconded by Mr. Bartlett, to adjourn the Planning Board Meeting. Vice Chairman Rome adjourned the Regular Meeting of the Planning Board at 11:45 A.M. (absent) I. Sau ers, Chairman C. H..,5aX4_-lett (alt. ) 77'7147­ivwt A-` A. Futer r \ ATTEST Date: APPROVED: ZWiC7, --< D. R. Rome, Vice Chairman M. A. Waldman C k A. Leng _(absent) J. E. Ward