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1986.01.08_PB_Minutes_Regularp� NGD /0S TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD WEDNESDAY JANUARY 8, 1986 9:30 A.M. Chairman Saunders called the Regular Meeting of the Planning Board, Town of Highland Beach to order at 9:30 A.M. The recording secretary called the roll. Present were Chairman I. S. Saunders, D. R. Rome, M. A. Waldman, J. E. Ward, A. Leng, C. H. Bartlett (alt.) and A. Futernick (alt.). Also present were Building Official B. Sutherland, Town Attorney T. E. Sliney, Architect J. Drago, Executive Vice President of Teron Inter- national L. Schmidt, Recording Secretary A. Kowals and a few Town residents. Members approved the minutes of the Regular Meeting of the Planning Board, Town of Highland Beach, held on December 11, 1985. BASSALINO SINGLE FAMILY RESIDENCE (TOWN LOT 124N) ARCHITECT/GENERAL CONTRACTOR JAMES DRAGO, PRESENT. The Planning Board Members reviewed plans and application for a new single family residence submitted by Architect James Drago for his client, Mr. Bassalino. The complete set of plans on file in the Building Department have been reviewed by Building Official Sutherland who forwarded a memorandum to the Planning Board stating the dock and seawall are subject to Depart- ment of Environmental Resources and Army Corp of Engineer approval before the Building Department can issue a permit for dock and seawall. Architect/General Contractor Drago addressed the board and advised the seawall will be natural (coral boulder) rip -rap. Pilings will hold up the dock and decking which will not be part of a concrete seawall. Situated within ten feet of, and elevated somewhat above, the Intra- coastal will be the swimming pool with railing. The deck will be of Bomanite or equal surface. Vice Chairman Rome stated she did not like the pool so close to the Intracoastal as it will not be screened from the waterway. Mr. Waldman said one of the advantages of building a pool near the Intra- coastal is for people to be able to watch the boats. If you screen that • out, you've lost the effect. PLANNING BOARD Regular Meeting • January 81 1986 Page 2 of 9 Mrs. Leng stated she walked the property and found a mangrove, sable palm and a huge seagrape. Mr. Drago advised that existing trees are shown on the survey and he will save any trees he can as they enhance the property. A landscaping plan is included with the drawings, continued Mr. Drago. The existing concrete wall, stated Mr. Drago, is set back with the rip - rap wall running along the property line. As the Community Appearance Board does not have the opportunity or jurisdiction to review a single family home, said Vice Chairman Rome, the Planning Board can question the landscaping, lighting fixtures, etc. The plans, continued Mrs. Rome, indicate an optional satellite receiver antenna which is not allowed in Town, unless it goes before the Town Commission and gets special permission. Mr. Drago initialed the plan to indicate deletion of antenna. However, Mr. Drago was advised he could run the conduit on the property. Mrs. Leng questioned the landscaping and screening of the parking area is (referring to page 30-20, Section 5.8 (b) and Site Plan Review Require- ments page 30-50, Section 10 (b).) Building Official Sutherland said the Community Appearance Board is not involved with single family homes because the Town feels that an indivi- dual building his own home has a lot more leaway on his own personal preference than a person putting up a development. Chairman Saunders stated that the architecture of the Bassalino Residence is very fine. Vice Chairman Rome suggested Mr. Drago come back next month with detailed workable plans. When Mrs. Leng said Mr. Drago could (as a courtesy) take this project before the Community Appearance Board for their help, Mr. Sutherland said to do so would circumvent what the Town has decided --the Community Appearance Board should not be involved in single family residences. The board said they were aware of the code --they had spent well over an hour on the plans and since Mr. Drago was asking for help and suggestions on his landscaping plan and the Planning Board had no expertise in this •field, Mr. Ward suggested Mr. Drago contact two people on the Community Appearance Board and request an informal meeting to discuss the plans. PLANNING BOARD Regular Meeting • January 8, 1986 Page 3 of 9 Mrs. Leng stated the members must have information regarding the light- ing (height and intensity), color chips, color of the roof, color of the building, etc. And, continued Mrs. Leng, the landscaping is inadequate. Mr. Drago said it was his understanding that the Planning Board Site Plan Review pertained to the setbacks, the structure, the height limi- tations; not the color of the building and the color of the roof. Mr. Waldman said the main objectives of the Planning Board is to see that the zoning in Town is met. A house such as this will be an asset to the Town. The landscaping should be left to the Community Appear- ance Board because that is their domain, continued Mr. Waldman, I think we're stepping out of ours. Vice Chairman Rome stated she could not give her approval today because she wants to see a lighting plan and landscaping plan that is appropri- ate for this kind of building. Chairman Saunders instructed the recording secretary to send a memo to Mr. Drago indicating the Planning Board would welcome the opportunity • for him to sit down with the Community Appearance Board, on an informal basis, and get their suggestions, comments and past experience for this particular project. Also, continued Chairman Saunders, a memo should be sent to Mr. Savino, Chairman of the Community Appearance Board, indicating the Planning Board would welcome his help on an informal basis. Mr. Drago questioned if his final approval would be withheld because of the lighting and landscaping. Continuing, Mr. Drago said he will do whatever it takes to get those things right. Vice Chairman Rome said she would not give final approval today because Mr. Drago did not bring in all the things that were to be looked at. Mr. Drago, stated Mrs. Rome, should come back to the Planning Board -- this matter will be placed on the agenda for next month. Following a brief recess, Chairman Saunders reconvened the meeting at 10:32 A.M. ROYAL HIGHLANDS, (LOTS 20 to 28), EXECUTIVE VICE PRESIDENT LORENZ SCHMIDT, REPRESENTING TERON INTERNATIONAL, PRESENT. is Mr. Schmidt, addressing the Board, said perhaps the Town Attorney should give a short commentary on the thinking of the Town Commission, at this stage, and therefore put into context the reason for this meeting today. V I� PLANNING BOARD Regular Meeting January 8, 1986 Page 4 of 9 The question of the 15' encroachment of the Ambassadors South garage has been there since the beginning, said Mr. Schmidt, and has been shown and recorded on every survey that has been recorded. Mr. Schmidt said the blame for not representing the encroachment on the formal site plan is their.s as they just missed it (it should have been caught and put back onto the plans). Teron has resubmitted plans showing the change from the previously ap- proved plans. What we have done, continued Mr. Schmidt, was to take the South Building and move it 15' further to the North, reducing the center aperture from 267' to 252'. The 15' easement was created by the previous owners (Drexel) when they were considering selling or subdividing the property further, specifi- cally for the purpose of recognizing the encroachment. The purpose of the easement was to protect the encroachment, said Mr. Schmidt. Continuing, Mr. Schmidt said the 15' easement is not the passage ease- ment --the passage easement is the 5' easement that's beside it and still shown on the plans. • The additional 15' proposed easement on that site plan, said Mr. Schmidt, is a "trade-off" with the Town Commission who wished to have a passage access on to the beach for the use of the Town in order to get beach cleaning equipment, grading equipment, etc., across the site and on to the beach. Town Attorney Sliney said the easement is one of the reasons the plans were before the Planning Board because the easement was not pointed out when the plans were reviewed. We have to make a 15' adjustment to compensate for the fact that basically the 15' easement can not be utilized for setback purposes because it is an encroachment. In my opinion, said Attorney Sliney, Ambassadors South may well own that 15' by adverse possession. I do not believe in giving a 15' encroach- ment, which is really part of Ambassadors South, the credit for meeting setback requirements. In any event, continued Mr. Sliney, we are con- cerned about giving adequate setbacks for Ambassadors South. We have to make an adjustment, said Mr. Sliney, and the adjustment that Mr. Schmidt proposes is to take 15' out of the center. • PLANNING BOARD Regular Meeting • January 8, 1986 Page 5 of 9 This matter has been continued in court; we have agreed to continue the matter from January 13, until the next trial docket of February 17, said Attorney Sliney. This gives the Town Commission, Attorneys and principals time to see if we can put a final stipulation together. Attorney Sliney said we are treating the encroachment as the boundary line for setback purposes. Teron has to give us the full setback from the beginning of the encroachment so that whatever is required by the code for setback will be provided for. Mr. Schmidt said Teron intends to design it so that the 5' passage ease- ment, together with the 15' vehicular passage easement, .will be of the same surface so they will be blended to provide the opportunity to continue some landscaping within that 20'. Continuing, Mr. Schmidt said they will incorporate them together and landscape the edge to define their property from this easement. The Town Commission proposed that some form of interblock with grass in it be used. Vice Chairman Rome suggested that the settlement stipulate that the 5' passage easement and the 15' vehicular easement be paved before a certi- ficate of occupancy is issued for the buildings. • Vice Chairman Rome suggested that the access easement from the middle be moved to the North side of the property, if it can be worked out. When Mrs. Rome expressed concern about the height of the wall around the swimming pool on the recreation deck, Mr. Schmidt said it is ap- proximately 5' high on which Landscape Architect Bradshaw is placing planters along the promenade, which will continue along the top deck to shield the pool area from view of AlA. When garage louvers were discussed, Mr. Schmidt said the landscape architect will incorporate them with the landscaping concept as the two are intergrated. Louvers would not be used, said Mr. Schmidt, but decorative concrete blocks are planned. He sketched two designs for the members. Mr. Schmidt explained when one looks at the elevation of Royal Highlands from AlA, one will see a berming effect with the landscaping consisting of tall trees and dense foliage. That is the first level of barrier that should almost completely screen the first level of parking. The second level of parking (the outside face of the parking) is the covered walkway which will have a ballustrade with a planter box. There will be • very little visual view of whatever that screening will be. F, V PLANNING BOARD Regular Meeting • January 8, 1986 Page 6 of 9 0 40 Mr. Schmidt stated they will provide an alternate means of passage for the Bel Lido residents so they do not have to use the easement that is leaglly theirs now. We are trying to create the enabling conditions, said Mr. Schmidt, so that nobody will use the center easement by pro- viding residents with an alternative on the North end which is closer to them. The Town Commission requested that the Planning Board Members vote on the resubmitted plans and have them stamped so they then become the official record that ties in with the settlement stipulation. Chairman Saunders requested Mr. Schmidt correct the dimension of the Southern Southwest property to read 73' 1" rather than 58' 1" as shown on the plan. Vice Chairman Rome made a MOTION, seconded by Mr. Ward, that the Royal. Highlands Plans dated December 30, 1985, Project #81-192, sheets 1 through 13, be approved and sent on to the Town Commission. A roll call vote resulted as follows: Mrs. Leng 'aye' Mr. Ward 'aye' Mrs. Rome 'aye' Mr. Waldman 'aye' Mr. Saunders 'aye' Vice Chairman Rome said the Planning Board was scheduled to elect of- ficers at this meeting and she nominated Irving Saunders as Chairman of the Planning Board. Mrs. Leng seconded the nomination. The result of the roll call vote was as follows: Mrs. Leng 'aye' Mrs. Rome 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mr. Saunders 'aye' Mr. Waldman nominated Doris Rome as Vice Chairman of the Planning Board. The nomination was seconded by Mrs. Leng. The roll call vote resulted as follows: Mr. Waldman 'aye' Mr. Ward 'aye' Mr. Saunders 'aye' Mrs. Leng 'aye' Mrs. Rome 'aye' � 0 PLANNING BOARD Regular Meeting January 8, 1986 Page 7 of 9 Town Attorney Sliney said he would like to address one of the major projects the Planning Board will undertake in 1986 and he wanted to give them a few thoughts to think about before the next meeting. Continuing, Attorney Sliney said he wrote to the Chairman of Novem- ber 25, 1985, concerning the Hoffman Project and Boca Hi matter. As a result of action taken in December, 1985, the Town Commission did not grant an extension to the developer of Boca Hi as relates to the R.P.U.D. Attorney Sliney said we will be in a position to work on affirmatively rezoning both R.P.U.D.'s. Both Boca Hi and Hoffman R.P.U.D.s were in the same ordinance --they will be major projects as we will have litigation on both --stated Attorney Sliney, and we must do a very thorough job. We need to con- sider having a planning expert assist us in reviewing the situation. Attorney Sliney said this is a complicated process and property owners will not necessarily agree with the ultimate recommendations because they will still take the position the R.P.U.D. is in effect. You have to review your comprehensive plan and change the comprehensive plan • into zoning. Continuing, Attorney Sliney said as a result of October 1, 1985, legis- lative changes, your land use plan is to be changed only twice in any given year. I will check to see if there are any caviats or loopholes in that October 1 change, stated Mr. Sliney. The Planning Board may want to place the Hoffman and Boca Hi matters on the front burner. When Mr. Ward stated the R.P.U.D.s already expired in 1985, Attorney Sliney said that is our position; I'm sure it's not their position. Attorney Sliney said when the R.P.U.D.s expire, the code provides that they should be rezoned to an appropriate category. The Planning Board is charged with looking at the comprehensive plan, making an appro- priate change to the land use plan and then following up by making an appropriate zoning designation. Both properties, continued Mr. Sliney, are on notice that our position is that .the R.P.U.D. expired on July 1, Under the zoning code, the Planning Board or Town Commission, said Mr. Sliney, may initiate a • zoning change at any time. Or PLANNING BOARD Regular Meeting • January 8, 1986 Page 8 of 9 When Vice Chairman Rome said she would like to see the Boca Hi B & C sites zoned for single family residences like the 'Sanctuary', Attorney Sliney said that is one of the reasons for some sort of a planner to work with us. Each parcel is going to be very contraversial, said Attorney Sliney, so it isn't advisable to take both matters at the same time. I don't think it would be a good idea to do both at the same hearing so you might think about which one you want to start first; then, we will get the other one going --then maybe work on the overall changes, continued Mr. Sliney. Vice Chairman Rome said obviously the Planning Board is in need of a city planner. Town Attorney Sliney said he believes a city planner is needed because you have two major pieces of property that you are going to try to determine what is an appropriate use for; it would be well worth ex- pending the money to determine that. •When Vice Chairman Rome asked where one gets a city planner, Attorney Sliney said there are a number of them around; the Town interviews and then selects as they did in 1981 when they engaged Gee & Jensen. When questioned as to who owns the Hoffman property, Attorney Sliney stated he believes a syndicate owns most of it, Hoffman Corporation owns 25/ with Broadview Savings of Cleveland owning part of it. Vice Chairman Rome said she had felt, for a long time, that negated the R.P.U.D. because they were not allowed to sell or transfer property under the R.P.U.D. ordinance. The Planning Board Members, after lengthy discussion, were ready to draft a memorandum to the Mayor and Town Commissioners regarding the review of the comprehensive plan, zoning and Growth Management Legislation. "It is the opinion of the Planning Board that the Town should review the Comprehensive Plan, the Zoning and the Growth Management Legislation. In order to do such, the Planning Board would have to work with a city planner. • We would appreciate the Town taking steps to engage an appropriate individual or firm of city planners." r PLANNING BOARD Regular Meeting • January 8, 1986 At the next meeting, Board communication thing, continued Mr. writes a letter and • • Paae 9 of 9 said Mr. Ward, members should discuss the Planning with the Town Commission. We often suggest some - Ward, then the Town Manager or Town Attorney it doesn't interpret what we meant to say. Mr. Ward mentioned he and the Building Official worked out a memo which detailed all the procedures starting from A to Z on the building. This should be discussed at the next meeting, said Mr. Ward, perhaps in combination with Amelie's suggestion that builders, certainly for single family, should be given an information list so they know what they have to provide. Town Attorney Sliney said he has asked the Building Official to give the Planning Board a whole background on the Connaught Property because Digby Bridges,is asserting some legal rights "that I don't believe he has". Chairman Saunders instructed the recording secretary to see to it that Mr. Sutherland receives information of his obligation to collect the history of the Connaught Property for the Planning Board. Chairman Saunders scheduled the next Regular Meeting of the Planning Board on Wednesday, February 12, 1986, at 9:30 A.M. with the agenda for this meeting closing on January 29, 1986, at noon. Chairman Saunders adjourned the Regular Meeti fat APPROVED ATTEST: Date -, amk 2/5/86 I,� S�di�rs,GCha" an _ D. R. Rome, Vice Chairman M. A. Waldman . Ward A. Leng