1986.04.09_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
PLANNING BOARD
APRIL 9, 1986 9:30 A.M.
Chairman Saunders called the Regular Meeting of the Planning Board, Town
of Highland Beach, Florida, 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, Building Official B.
Sutherland, Recording Secretary A. Kowals, Developer P. Colman, A. Carr,
General Contractor J. Cocivera, S. Bagel and a few Town residents.
Members accepted and approved the minutes of the Regular Meeting of the
Planning Board, Town of Highland Beach, Florida, held on March 12, 1986
as submitted.
NEW BUSINESS
STEVEN BAGEL SINGLE FAMILY RESIDENCE (LOT 14, BLOCK 5, BEL LIDO)
4215 TRANQUILITY DRIVE, GENERAL CONTRACTOR J. COCIVERA AND
• MR. STEVEN BAGEL PRESENT.
The Building Official advised the Planning Board Members that he had
checked the plans for the Bagel Residence and they conform to all the
requirements of the zoning and building code.
Gdneral Contractor Cocivera, representing Mr. Bagel who was present,
explained the plans to the members. This home will be the residence
of the Bagel family --it is not being constructed for speculation.
The home is a Spanish design with an S shaped.tile roof and stucco
exterior. The first floor measures 4,000 square feet with the second
story measuring approximately 500 square feet.
This home, continued Mr. Cocivera, will be built on a 115 feet x
100 feet lot at 4215 Tranquility Drive.
Vice Chairman Rome stated the plan is magnificent; the landscaping
leaves a lot to be desired --it is not lush Florida landscaping.
Mr. Cocivera said they would welcome suggestions from the members
regarding the landscaping.
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PLANNING BOARD
Regular Meeting
• April 9, 1986 Page 2 of 8
Mrs. Leng suggested that the general contractor engage a local landscap-
ing architect who knows the area.
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vice Chairman Rome said the Planning Board is interested in the house;
Mrs. Leng's suggestion is excellent.
Continuing with the presentation, Mr. Cocivera said the current survey
which shows a 12' utility easement is on the plans.
The roof will be a silver grey color with the lighter grey stucco ex-
terior. Mr. Cocivera said the entire driveway will be concrete with
simulated stone (impressed concrete).
There is an under -roof type patio, explained Mr. Cocivera; the entrance
with the bronze door is set back. The foyer will have a 16' ceiling
with skylight - the area above the door will be glass. The entire back
portion of the house, continued Mr. Cocivera, will be glass.
The combination kitchen and den includes an eating area all of which is
glass enclosed. The powder room off the den will serve the swimming
pool area.
Stairs off the recreation room lead to the second floor bedrooms. Each
bedroom has its own bathroom. Included on the first level are two bed-
rooms with private bathrooms.
The master bedroom includes a private bath, walk-in closet and dressing
area with a combination steam room and shower. A jacuzzi is located on
the deck in the back of the house.
Following a brief discussion regarding a pet -run and trap door for dog,
Mr. Cocivera agreed to eliminate same and marked the plans accordingly.
Mr. Cocivera said they will accentuate the columns to match the roof and
they would like the shrubbery and landscaping to give the house all the
color.
The pool is 14' x 24' with a redwood deck and the Chattahoochie will be
changed to Bowmanite in the pool area.
Mr. Waldman made a MOTION, seconded by Mrs. Leng, to give conditional
approval of the Bagel Residence Plans with the corrections as noted upon
them and subject to approval of new landscaping plans.
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PLANNING BOARD
Regular Meeting
April 9, 1986 Page 3 of 8
A roll call vote resulted as follows:
Mr. Waldman 'aye'
Mr. Saunders 'aye'
Mrs. Rome 'aye'
Mrs. Leng 'aye'
Mr. Ward 'aye'
When vice Chairman Rome asked when Mr. Cocivera will have the new
landscaping plans ready for the Planning Board, he replied it would
take about two months.
At this point, Chairman Saunders advised the board members that Mr.
Philip Colman requested permission from Town Manager Williams to
present a proposal before the Planning Board this morning.
Mr. Colman, addressing the members, said they have contracted to pur-
chase lots 101 E and W, located between Ambassadors East and Beachwalk
E, which was zoned for 104 units and recently rezoned to 68 units.
Presently, continued Mr. Colman, Highland Beach is involved in liti-
gation regarding this site. The present owners demanded the right to
continue the suit against the Town after the sale; however, following
negotiations, the demand was withdrawn and the vendor must terminate
the suit at the time of closing.
Mr. Colman proposes to reduce the density from 104 to 60 saleable
units, plus a resident manager's apartment. It would be one build-
ing on the East side only.
On the West side, they would create a garden (like Morikami) behind
which they would construct two tennis courts as an amenity for the
building.
Continuing, Mr. Colman said if this is acceptable to the members,
they would make a graphic presentation at the May 14, 1986 Planning
Board Meeting; then, present it to the Town Commission at their
meeting on June 3, 1986.
Mr. Colman said they are not prepared to build two buildings facing
each other across AlA that would result in a 'canyon effect' or a
'concrete jungle'. That would create a danger due to pedestrian
traffic (crossing AlA to and from the beach) and may necessitate
double deceleration lanes.
• Construction, continued Mr. Colman, would eliminate the possibility
of a public county park.
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PLANNING BOARD
Regular Meeting
• April 9, 1986 Page 4 of 8
The present height restriction of 80' between two taller buildings is
not aesthetically appealing. The height of the building would have no
effect on anyone's view of the beach and ocean which is already obscured
by the dune, said Mr. Colman.
The height of the new structure would fit into the area (Beachwalk East
is 130' high) and would present a uniform appearance.
The property on the West side would, said Mr. Colman, consist of a mag-
nificent garden that would conceal two tennis courts (amenities for the
building) from view of AlA. There will be a walkway to the Intracoastal.
Mr. Colman added there would be a restriction clause in the Condominium
Documents and Deed to prevent any construction on the West parcel. The
garden would be enjoyed by all.
With one building, continued Mr. Colman, we will reduce the demand for
assorted services (water, sewer, etc.).
When Mr. Ward questioned the acreage of the properties, Mr. Colman ad-
vised the East parcel is 1.8 acres and the West parcel is 2 acres. The
• proposed structure will be 14 stories including two stories of parking.
Vice Chairman Rome stated she is aware of the litigation involving this
property; I think Mr. Colman's conceptual presentation is a plus for
the Town.
Inspite of the height, continued Mrs. Rome, we will get less density by
going from 104 units to 60 units. The garden is a beautiful asset for
the community and I am in favor, stated Mrs. Rome.
Mr. Colman explained they would like to create a Japanese style garden
with materials to withstand the climate of Highland Beach, it would be
private for the condominium residents but it will never be fenced in.
Benches will be provided in the garden, continued Mr. Colman.
Mr. Waldman said the Town would get out of a law suit; the garden and
tennis courts would be common areas for apartment owners. The Town
would benefit here, continued Mr. Waldman, I would be in favor.
Mrs. Leng asked what the Planning Board would say about the height.
Aren't we making a Galt Ocean Mile look approving something 14 stories
high?
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PLANNING BOARD
Regular Meeting
. April 9, 1986
Paqe 5 of 8
Mr. Colman stated he wants to make a complete graphic presentation at
the next Planning Board Meeting as he has until June 30 to receive ap-
proval from all bodies (Planning Board, Town Commission).
If we have conceptual approval, continued Mr. Colman, we will be able
to make the presentation on May 14, 1986.
We are talking five units per floor on twelve floors plus one resident
manager's unit, said Mr. Colman. Parking is under the building and we
are trying to get 120 spaces on the East side as present day zoning re-
quires two spaces per unit.
Town Attorney Sliney said he believes Mr. Colman must know today if
the Planning Board is willing to go forward with this proposal and
look at it when he has specific plans.
Mr. Colman said on May 14 he would need a conceptual approval from the
Planning Board --he will then come back to the board for a site plan
approval.
From the Town Commission, Mr. Colman would have to have a similar con-
ceptual approval (at their meeting) so he can proceed to meet the dead-
line set up by the vendors. The approval, said Mr. Colman, is required
to cancel the lawsuit.
Town Attorney Sliney asked Mr. Colman if it were possible for him to
get the site plans in for the May 14 meeting. The ideal situation
would be to do the approvals in conjunction with a definite set of
plans; the Town Commission may require that, said Attorney Sliney.
Mr. Colman said he will try - he will see if the architect can do that
in time for the meeting on May 14. However, we will not be able to
give you complete details, continued Mr. Colman.
vice Chairman Rome requested the plans show the four elevations of the
building, the facade of the front, the driveway, how it will look.
Attach a survey and show the existing buildings on either side of the
site, continued Mrs. Rome. We would like to know the square footage
of the apartments as that falls within our zoning code.
Mr. Colman said they can provide enough information for the Planning
Board to understand exactly where the building will stand and what it
will occupy on the ground. We can give you a site plan but it has to
• be conditional on our being able to make some elevation changes that
will be acceptable to you.
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PLANNING BOARD
Regular Meeting
. April 9, 1986 Page 6 of 8
Continuing, Mr. Colman said he would be satisfied with an approval on
May 14,and at the Town Commission Meeting, of what we're proposing
subject to some minor changes.
When Town Attorney Sliney asked if it would be possible for Mr. Colman
to get an extension on the June 30 deadline, Mr. Colman replied he has
until June 30 to get conceptual approval with the closing scheduled
to take place thirty days thereafter.
Attorney Sliney stated that if Mr. Colman receives conceptual approval
(as distinguished from site plan approval) from the Town, he then has
the option to tell Ocean Terrace they have to dismiss the lawsuit.
Mr. Colman said if he can do what was suggested (bring in a completed
set of plans to get site approval) he will do so; but, if that is not
possible, he would be seeking conceptual approval and he would be the
one taking the risk.
Mr. Waldman recommended placing Mr. Colman on the agenda for the
Planning Board Meeting on May 14, 1986 at which time Mr. Colman will
submit plans (the concept) for the entire project.
• Members requested Mr. Colman make every effort to submit the plans
several days before the 14th (perhaps on the loth) of May to allow
the members to study them prior to the meeting.
Mrs. Leng questioned how anyone on the Planning Board could look at
plans on the 14th and be in a position to give an approval on a
concept at that time.
Town Attorney Sliney explained Mr. Colman must have conceptual ap-
proval from the Town by June 30 after which he would come back for
site plan approval.
Mrs. Leng commented she would rattier see two eight story buildings
with beautiful landscaping on the parcels being discussed.
When Mr. Bartlett questioned if there was any assurance that the Town
Commission will go along with the conceptual approval of the Planning
Board, Town Attorney Sliney responded that he and Town Manager Williams
will prepare a memo to the Town Commission to apprise them of what is
going on and give them the plans to review when they are received.
F,
PLANNING BOARD
Regular Meeting
Ap-.ril 9, 1986 Page 7 of 8
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Mr. Waldman stated he believes that with Mr. Colman's concept, the
Town would be gaining far more thah it would be giving --the Town would
be gaining a lower density plus two acres of beautiful park area that
will never be built on (this will be included in the Deed and Condomi-
nium Documents). Open spaces, said Mr. Waldman, are more important
than landscaping because without open spaces, you can not landscape.
When Mr. Ward said he might well vote for the concept but he feels
'rushed', Mr. Waldman commented the Planning Board is not doing anything
today, they are waiting for the May 14 meeting at which time they will
review the concept; and, I think it is a great concept.
Mr. Colman said the members should not forget the other possibility -
that is, if he doesn't build and the present vendors own the property,
apart from the question of the lawsuit, there is still the possibility
of the public beach.
Chairman Saunders stated this is a three dimensional problem and he
suggested Mr. Colman prepare a small model for the May 14 meeting
showing both the East and West side.
Town Attorney Sliney said that to guarantee the Highland Beach residents
access to the Intracoastal in the park area, a recorded easement on the
property would be required (it would be a perpetual easement that would
solve any problem).
Members discussed the letter from Mayor Sullivan to Chairman Saunders
regarding "Unity of Title" on the Frederick Property.
Town Attorney Sliney explained that when the Comprehensive Plan was
last changed, Town Lots 133 thru 137 (East and West) remained single
family but the adjoining properties were rezoned to residential estate
which is single family with larger lots.
There were certain agreements which the Town had and agreed to honor,
said Attorney Sliney. Because Mr. Frederick never signed the "Unity
of Title" document relating to the West side, the Town wants the
Planning Board to look into possible rezoning of this property to the
residential estate classification.
Continuing, Attorney Sliney said the Town would like to put that piece
of property in the classification of 'zoning in progress'. It might be
helpful, said Attorney Sliney, if it were scheduled as an agenda item
is
and discussed at the Planning Board Meeting.
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PLANNING BOARD
Regular Meeting
April 9, 1986 Page 8 of 8
Town Manager Williams added the Town Commission is asking the Planning
Board to look at the matter and recommend zoning for that property;
you are asked for an opinion.
Vice Chairman Rome stated since this property was created for Mr.
Frederick and it is next to the residential estate district, there is
no reason why this undeveloped land on the East and West side could
not be zoned RE and continue that zoning up to the Delray Beach line.
As an estate area, it would be most attractive, continued Mrs. Rome.
Members agreed to include the Frederick Property on the agenda (follow-
ing Mr. Colman) for the Planning Board Meeting on May 14, 1986.
Town Attorney Sliney stated he will work with Chairman Saunders and
the recording secretary regarding notification to the owners of the
Frederick Property advising they are on the Planning Board Agenda for
the May 14, 1986 meeting.
Town Manager Williams informed the members that the Town Commission
engaged planning consultants Gee and Jensen for the specific RPUD
issues. Mr. John Toshner will be the sole representative working with
the Planning Board.
In discussing the Comprehensive Plan changes, members were informed any
Comprehensive Plan changes must be submitted to Tallahassee for review.
Chairman Saunders acknowledged receipt of a letter from Mrs. Alice Lee
requesting the Planning Board do everything possible to reduce the den-
sity at the Hoffman Property. Said letter was placed in the records.
The next Planning Board Meeting is scheduled for May 14, 1986 at 9:30
A.M. with the agenda closing on April 29, 1986 at noon.
Vice Chairman Rome MOVED, seconded by Mr. Ward, to adjourn the meeting.
Chairman Saunders adjourned the Regular Me ti4g a --i2= P.M.
M. A. Waldman
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J. Y. Ward
ATTEST:
DATE:
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l/ I. --. Saunders, irman
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D. R. Rome, Vibe Chairman
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A. Leng