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1986.03.26_PB_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA • n • PLANNING BOARD PUBLIC HEARING MARCH 26 1986 9.30 A.M. The Public Hearing of the Planning Board, Town of Highland Beach, Florida was called to order at 9:30 A.M. by Chairman Saunders. 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. Kowals, Boca Hi Developer T. Delaney, Attorney M. Shorr representing Braemer Isle Condo- miniums, Attorneys B. Taub, A. Ciklin, K. Slinkman and many interested Town residents. Chairman Saunders stated the purpose of this Public Hearing was to so- licit public comments regarding the Planning Board's proposal to rezone sites B & C of RPUD-1, a/k/a Boca Hi, RPUD, Town Lots Nos. 1, 2, 3 and 2A and RPUD-2, a/k/a Hoffman RPUD, Town Lots Nos. 59, 60, 62, 65, 69 and 70 which properties are more fully described in the attachments to Ordinance No. 228. Chairman Saunders stated the Planning Board Members were happy to see so many interested residents in attendance. At this time, Chairman Saunders called on Town Manager Hugh Williams. Town Manager Williams said he wanted to briefly address the board and read into the record a few items from the existing Comprehensive Plan. In 1984, stated Mr. Williams, when the Town revised its existing Compre- hensive Plan, one of the segments of the plan was to address community goals and the methods by which you hoped to achieve those community goals which are the policies. On page 38 of the Comprehensive Plan, continued Mr. Williams, under future plan for Growth Management are two goals: 1. To prepare for Growth - Even though Highland Beach is located within the traditionally intensively developed urban corridor of South Florida (along the Atlantic Coastline), it should resist the continuation of this trend. K . . - . PLANNING BOARD Public Hearing March 26 1986 Plan 2 of 9 • 2. Seek to manage growth by reasonable control of development, as part of an overall program to enhance the quality of life in Highland Beach. At the time this plan was done, said Mr. Williams, it was the goal of the community to resist the intensified development that you have seen along the Atlantic Coast in Florida. The goals are followed up with four specific policies (the method by which you can implement these goals): 1. Stabilize growth rates at manageable levels over the planning period to be consistent with area growth rates. Mr. Williams mentioned that in 1984 the growth rate in Palm Beach County was 170%; the Highland Beach growth rate was 278%. 2. Regulate rate of growth according to anticipated popu- lation projections. At that point our anticipated population projections gave us, continued • Mr. Williams, around 5,200 people for 1985. During the month of Feb- ruary, we anticipated that we had 6,500 people in Highland Beach. 3. Seek safe, manageable number of residents to enable orderly and timely evacuation for natural and national disasters. This ties in with the transportation element, said Mr. Williams. 4. Seek an ultimate population level that will not dispro- portionately consume available public facilities and resources. That, said Mr. Williams, ties in with the public utilities element. Continuing, Mr. Williams stated the goal for the traffic circulation is adequate and safe movement of traffic. There are six policies, and number one is most important. 1. Regulate future development densities that will ulti- mately result in any level of service below "C" level as being unacceptable. 0 PLANNING BOARD Public Hearing . March 26, 1986 Page 3 of 9 Mr. Williams explained level "C" is a definition issued by the Depart- ment of Transportation stating when you pull up to a traffic signal, you will not have to wait, you can go through. Level "D" gets a little more intense where you have to wait for one turn of the light and you go on down to D, E, etc. According to studies done by consultants in 1984, AlA presently has a "D" level of service. This becomes very important should we ever have any type of a disaster. We have two ways to leave the island (North and South). The policy and goal that has been established in the Comprehensive Plan is to look at access to the island as part of future development. Continuing, Mr. Williams said under the Growth Management Policies is a statement that you should not allow your growth to exceed your capacity to handle this growth. We have two basic areas in which we supply services to a community; one is in potable water and the other is in the treating of the sewage as it goes out. With potable water, we are presently limited by the abi- lity of the existing facilities that gives us a certain population level. At a tremendous cost to the Town, continued Mr. Williams, we can expand our wellfield capabilities (production capabilities of the facilities). Basically, any future population growth has to be tied in with our ability to be able to supply the public services to them. Chairman Saunders asked Attorney Sliney to enlighten the public as to the purpose of this meeting. Town Attorney Sliney said the purpose of this meeting is to have citizens in -put as far as the possible changes in the Comprehensive Plan as re- lated to these two sites and the possible ultimate zoning categories for the sites. Then, the Town and its various agencies, in conjunction with the experts that the Town may wish to engage, will make decisions. Obviously, said Attorney Sliney, no decision will be made today. Mr. Delaney, developer of Boca Hi, presented a single exhibit that showed the land that has not been transferred to an individual condo- minium association or master board (Boca Highland Center, Inc.). The • acreage remaining on the site is slightly over 9.4648, continued Mr. Delaney. PLANNING BOARD Public Hearing . March 26, 1986 Page 4 of 9 When Vice Chairman Rome asked Mr. Delaney for a breakdown, Mr. Delaney indicated a site that is 7.878 acres which included the water in the North Marina. Mr. Waldman stated he had a survey of the B & C Sites which totals 5.6 acres. Mr. Delaney stated it's been almost three years since he made the first presentation on the revised plans for the B & C Sites at Boca Highland. We prepared many concepts, said Mr. Delaney, and I don't know if any of the plans had merit because the overriding issue has always been the density. All the presentations, continued Mr. Delaney, were based on the density allowed under the RPUD and I was criticized for standing firm at 272 units. I believe that I, along with this Planning Board, am capable of arriving at a suitable compromise that would avoid any further litigation on this matter, stated Mr. Delaney. . At this time, Chairman Saunders asked the public to comment regarding the B & C Sites. Attorney Mark Shorr, representing Braemer Isle Condominium Association, said it is now time to rezone the Boca Hi B & C Sites from RPUD-1 to a zoning category. The Condominium Association's position and request, continued Attorney Shorr, is that the property be rezoned to either RML-1 or RML-2 which would be appropriate as the property directly or across the street borders on properties that are zoned RML-1 or RML-2. Continuing, Attorney Shorr said he was at the meeting when the Town Commission told Mr. Delaney to go back to the Planning Board to work something out. Mr. Delaney chose not to do that, said Attorney Shorr. The considerations that have to be taken into account, continued At- torney Shorr, are what can the Town handle (Mr. Williams had set that forth pretty well). I believe this board can make a valid recommen- dation based on Mr. Williams' presentation, Mr. Delaney's presentation and the comments of the public, including myself, said Attorney Shorr. is Chairman Saunders requested comments from residents of Highland Beach. PLANNING BOARD Public Hearing • March 26, 1986 Page 5 of 9 When a resident questioned exactly what is being zoned, Attorney Sliney said it was his understanding that the B & C Sites were being rezoned. Mr. Emanuel Rothman, resident at Braemer Isle, said adequate parking for whatever zoning is designated should be emphasized with parking under and within the confines of the building, except for guest parking. Continuing, Mr. Rothman said the Town also needs to redefine what is a townhouse (the Braemer Isle Townhouses are four stories high plus a soaring roof). Mrs. Terry Natali, Apartment 1702, Braemer Isle resident, asked the board to keep Highland Beach from becoming another Galt Ocean Mile. Donald Kaiser, a resident of Braemer Isle, requested the board keep in mind the Braemer Isle Townhouses when they negotiate with Mr. Delaney in terms of maintaining not only adequate densities of the Town but the aesthetics as well. Braemer Isle resident Bob Sherman asked how Mr. Delaney will provide for the recreational facilities that exist today which are overcrowded, when • he builds additional units. Bill Haberman, owner at Braemer Isle, stated Mr. Delaney, in his open- ing address, said he is willing to compromise. Mr. Haberman challenged Mr. Delaney to accept the compromise offered here and now. Braemer Isle unit owner Benjamin Cohen said there should be no mystery involved in this thing. Present ordinances have been adopted by the Town Commission and that should be taken into consideration. Chairman Saunders requested the residents remain for the rest of the meeting at which time the Hoffman Site will be considered. Vice Chairman Rome read into the minutes a letter to Chairman Saunders, dated March 24, 1986 from owners of the Ocean South Condominium re- questing the Planning Board reduce the density at the Hoffman Site. A second letter from Mr. D. K. Rex, to Chairman Saunders, dated March 20, 1986 was read into the minutes by Vice Chairman Rome, also requested the density at the Hoffman Site be limited. Attorney Kendall Slinkman, representing Paul and Camille Hoffman, said Attorney Alan Ciklin, representing Broadview Savings & Loan, owners of the majority of the site, is also present. r • PLANNING BOARD Public Hearing March 26, 1986 Page 6 of 9 Attorney Slinkman proceeded to explain a little of the overall history of the project which had an RPUD dating back to 1975. When Mr. Waldman asked how much of that property the Hoffmans own, At- torney Slinkman said approximately the South 300 feet that is the area that is in mangroves. When Vice Chairman Rome asked who owns the rest of the property, Attor- ney Slinkman said a joint venture called Hidden Harbor Associates which is composed essentially of Broadview Savings & Loan and Centinel Communities. Continuing, Attorney Slinkman said the Hoffmans purchased the property in 1973 at which time that area had unlimited zoning as far as per units per acre. In 1974, Mr. Hoffman asked the Town Commission for an RPUD. The RPUD was issued in 1975 and authorized!846 units. The area had to be per- mitted by the DER and Army Corps of Engineers so we began working with those agencies, said Attorney Slinkman. • Ordinance •264, passed in 1974, provided that at least 25% of your units had to be built within a certain period of time. As a result, a law suit was instituted and that ordinance was amended or withdrawn. Attorney Slinkman explained Ordinance 282, passed July 1, 1975, dealt with the permitting problems they were experiencing. That ordinance stated as long as reasonable efforts were made to go forward with per- mitting, the Town must grant extensions of time. On October 8, 1980 Ordinance 389 (amending the RPUD dxown to 620 units) was passed. Mayor Horton wrote a letter on October 30, 1980 saying, in the Town's view, the Hoffmans had until 1990 to get permitting and go forward to complete the project under the RPUD, continued Attorney Slinkman. Continuing, Attorney Slinkman said they are upset to be here to discuss possible rezoning; then, they hear the Town Attorney saying "we are rezoning". Under oath, Attorney Egan signed a memo which is attached to all the ap- plications and permits, continued Attorney Slinkman, which I would like to file with the Planning Board. We believe we are close to finally getting the permitting. • r O PLANNING BOARD Public Hearing _March 26, 1986 Page 7 of 9 • Mr. Waldman said the Town Commission effectively terminated all RPUD's as of July 1, 1985. The Town Ordinances forbid any individual from ex- tending the time limits of an RPUD, continued Mr. Waldman; they can only be extended through an appeal to the Planning Board (the Town Commission refers it to this board). So effectively, this is a public hearing for the rezoning of the RPUD Sites; we do not look on any RPUD as being ef- fective and valid as of today, said Mr. Waldman. Attorney Slinkman said if his client's property had been rezoned nearly a year ago without notice to them, he would question the validity of that action. Mr. Waldman stated they weren't rezoned, they were terminated; what we're going through now is a process of rezoning. The RPUD expired as it was supposed to expire, said Mr. Waldman. Our Town Attorney had writ- ten your office advising the RPUD was being terminated as of July 1, 1985. Town Attorney Sliney explained Attorney Slinkman and he had been involved in this complicated matter for many years. The Town position is that the ordinance speaks for itself in the sense that ten years from July 1, 1975 is July 1, 1985. • The Town, continued Attorney Sliney, notified them as to what the Town's position was; and a memo from the Planning Board, dated December, 1984, was sent to interested parties indicating the Planning Board reviewed the matter and it was their position that the RPUD would expire, per the ordinance, on July 1, 1985. Our position is, said Attorney Sliney, the time has gone by and we are now here, per notice sent to all interested parties, to effect the re- zoning of the properties to appropriate categories. Vice Chairman Rome stated that according to the RPUD zoning given to Camille and Paul Hoffman, they were not permitted to sell or transfer any property unless they had permission from the Town Commission. Attorney Slinkman said he discussed the transfer of property with At- torney Sliney before it took place and was advised that was not a problem with reference to maintaining the RPUD. Chairman Saunders mentioned that the Town Commission is the overall body of the Town and if they didn't give the permission, then you have none. 41 PLANNING BOARD Public Hearing • March 26, 1986 Page 8 of 9 When Attorney Ciklin, representing the majority owner of the Hoffman RPUD, stated a notice saying you're going to rezone a piece of property and take public comment to an appropriate district is not clear enough to allow us to prepare for whatever you're doing to us, Chairman Saunders replied we don't intend to make any final decision, we just want comments. Attorney Ciklin said our position is that we're not here to justify what we already have, we have an existing valid RPUD that expires at least in 1990 and maybe later. Unit owner at the Regency Highland and unit owner/resident at Braemer Isle Joe Murania commented as to the proposal (the size and scope) of the Harborside Development (Hoffman Site) which prompted the Muranias to move down the street to Braemer Isle. Building is becoming so redi- culous, stated Mr. Murania, that we just have to put a stop to it. Building Official Sutherland explained the Hoffman Site is located direct- ly South of Town Hall; the pine area between Town Hall and the Regency Highland. The site contains mangroves on the Intracoastal with heavy mangrove growth on the South end of the property. The center of the pro- perty, continued Mr. Sutherland, is somewhat free of mangroves; approxi- mately 50/ of the site is covered with mangrove and can't be developed. Braemer Isle resident Marvin Hayman commented the thought of duplicating what we already have at the South end of Town is outrageous and we must do everything possible to prevent another monstrosity being built in Highland Beach. vice Chairman Rome questioned Attorney Slinkman regarding their law suit against the property appraiser, Rebecca Walker, claiming taxes on the pro- perty were too high as most of the property is under water --just how much acreage are you paying taxes on? Attorney Slinkman said in 1982 they paid taxes on the entire matter; then he proceede3to explain the position they took was simply that the South 300 feet that is owned by the Hoffmans was the only part that had been litigated with Miss Walker. Miss Walker's position was that we should be assessed X amount of dollars per unit x 274 units as authorized under the RPUD. Our position, said Attorney Slinkman, was that we could not build 274 units as of January 1, 1982 because we did not have permitting from the Army Corps of Engineers therefore it would be unfair to be assessed as if we could build those • units. PLANNING BOARD Public Hearing • March 261 1986 Page 9 of 9 Attorney Slinkman said they took the position that you've got to look at what you can do with this property as of January 1 of the year of assessment. David Costage, president of the Highland Beach Civic League, addressed the members and stated they are proud of the Planning Board and what they have done to keep Highland Beach beautiful. The Planning Board, continued Mr. Costage, must follow the instructions of the Town Commission to hold a public hearing to solicit comments of the Highland Beach residents for the purpose of rezoning the sites on which the RPUD's have expired. Philip Colman, developer/resident of villa Magna, commented some of the areas in Town look like a canyon; parts remind one of Galt Ocean Mile. If a developer has a planned unit development and is going to build based on regulations that existed some ten years ago, continued Mr. Colman, forgetting completely the changes made during this period of time, there seems to be a conflict in this situation. • I think, said Mr. Colman, the kind of building that takes place from here on is of significance for all who live here; we have a very good Planning Board that is doing a fine job. Chairman Saunders thanked one and all for coming to this Public Hearing and said members look forward to the residents' interest at any future meetings of the Planning Board. Mr. Waldman made a MOTION, seconded by Mr. Ward, to adjourn the Public Hearing. The MOTION carried unanimously. Chairman Saunders adjourned the Publ (/Yncr, kl4t,,_ M. A. Waldman — rq), f 6 " D) 7 �) A. Leng ATTEST- o(, • Date:2�e amk at l l-;3`6 A.0. I. S . Saunders, i _-6 irpman D. R. Rome, vice Chairman J. Ward