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1987.12.09_PB_Minutes_Regulara • TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD REGULAR MEETING - MINUTES December 9, 1987 9:30 A.M. Chairman Rome called the Regular Meeting of the Planning Board, Town of Highland Beach, Florida, to order at 9:30 A.M. in the Commission Chambers at Town Hall. The Town Clerk/Recording Secretary called the roll. Present were Chair- man D. R. Rome, Vice Chairman J. E. Ward, Regular Members M. A. Waldman, A. Leng, C. H. Bartlett, Alternate Members R. M. Gregerson and A. J. Harbin. Also present were Town Attorney T. E. Sliney, Building Official B. Sutherland, Town Clerk/Recording Secretary M. A. Mariano and members of the general public. MOTION by MRS. LEND/MR. BARTLETT to approve the Minutes of the Regular Meeting of November 16, 1987, as submitted, carried unanimously with favorable votes. At this point, a brief recess was called, pending the arrival of the Town Attorney. Chairman Rome reconvened the Meeting at 10:00 A.M. and announced the purpose of same was to conduct a preliminary/final site plan review of Villa Mare' (Town Lot 101 East) and Villa Costa (Town Lot 101 West) submitted by Concordia Investments, Inc. Mr. Colman was present and explained that his request was for two buildings with Villa Mare' being located on Lot 101 East with a request for 31 units. Villa Costa will be located on Lot 101 West with a request for a building with 36 units. Mr. Colman further noted that the price ranges in these buildings would be between $225,000. to $575,000. Also present representing Concordia were Architect Paul Twitty, Engineers Ed Daly and Arnold Chain, and Project Manager Mike Everett. Paul Twitty then addressed the Board indicating that Villa Mare' was proposed to be a 9 level over the parking level building with four units per floor for a total of 31 units, there being only 3 units on the first living level. The parking will be below the dune level. A Japanese influence landscaping plan is proposed which will conform to the Xeriscape Code. Mr. Twitty continued by noting that the West building will consist of 8 levels over the parking level, which parking level will be at grade, for a total proposal of 36 units. Mr. Twitty then reviewed the Villa Mare' site plan with the Planning Board. It was noted that the seawall would be Westward of the Coastal Construction Control Line and would be intergraded with the foundation wall of the building. Also noted was that the parking and entrance facilities would have enough radius to provide for a fire truck. It was r-- PLANNING BOARD • Regular Meeting - Minutes December 9, 1987 Page 2 of '6 noted that the balconies on the Eastern side of the building will overhang the Coastal Construction Control Line an average of 3'; however, no structural columns will be Eastward of this line. Mr. Colman indicated that the Department of Natural Resources and the Town had both approved such overhangs in the past. Substantial discussion ensued regarding a proposed manager's apartment in the Villa Costa building. The Planning Board felt that this building in fact would have 37 units rather than 36 including the manager's apartment. Mr. Colman contended that the manager's apartment was not considered a dwelling unit in that it was an amenity and was considered common area to the other owners. The Board continued to state their feeling that inasmuch as the application called for 36 units, it was an error in that the manager's apartment had not been counted and therefore this constituted 37 units. Discussion also ensued regarding any scouring action due to the seawall which may have an adverse effect to those properties adjacent to Lot 101 East which include Ambassadors East and Beach Walk East. Mrs. Leng noted that the Town had made arrangements with the owners of the Royal Highlands property to provide a seawall insuring protection to the • Ambassadors South property and thought perhaps this might be a way to alleviate the problem at Villa Mare'. Mr. Twitty contended that with regard to the plans submitted all DNR regulations have been met with there not being any concern about the adjacent properties. Chairman Rome stated that the Board had an obligation to assure that no adverse effects would be had by the North and South properties. Mrs. Leng again noted the Teron seawall and stated she would not be comfortable in ap- proving a plan without confirmation from a marine engineer as to what options could be considered in providing a seawall to protect the adjacent properties. Mr. Twitty noted that inasmuch as this project was being built Westward of the Coastal Construction Control Line, it would not be feasible to construct a seawall carrying it Eastward of the CCCL which ultimately would take additional DNR approval without assurances that same would be granted. Building Official Sutherland noted that it was his opinion that if Concordia Investments would not be allowed to go over the CCCL, they would not be in a position to protect the neighbor- ing properties. Mr. Waldman asked whether the submittal of these seawall plans were pre- mature in that they had not been approved by the state and county. He also noted his concern as to the 37 units being requested on 101 W and to the fact that the balconies on 101 E would be overhanging the CCCL. Mr. Colman stated that until the Town gives approval to the plans, the working drawings and construction drawings required for DNR and county approval would not be prepared. Mr. Colman further stated that with regard to his first request to the Town which had been denied, he had made application to the DNR to tie in a seawall on Villa Mare' with Ambassadors East and Beach Walk East which had been opposed by the Town. PLANNING BOARD • Regular Meeting - Minutes December 9, 1987 Page 3 of 6 In addition, there was no support from Ambassadors East Condominium or Beach Walk East, on Mr. Colman's behalf. This request was subsequently withdrawn from the DNR. Mr. Colman stated he does not feel this building jeopardizes the neighbors; however, he would be willing to try to cooperate in the protection of the adjoining properties if a suitable resolution could be had. Attorney Sliney advised the Board that any site plan approval could be given with specific conditions noted thereon as to any loose ends or unanswered questions the Board might have. Mr. Sliney continued to state that it was his opinion that three items remained a concern of the Board; the first being the matter of the seawall and the protection of adjoining neighbors. The second matter concerns the overhang of the balconies Eastward of the Coastal Construction Control Line; and the third matter being the density on the property. Mrs. Leng noted that the Town had had tremendous erosion problems and that full consideration to the shoreline must be addressed before any approval is given. Mrs. Leng again stated that she would not feel comfortable acting on this application without hearing from a marine engineer as to the effect this project will have on the adjoining properties. . Discussion ensued again regarding the manager's apartment located on the West property. Mr. Colman stated that one manager's apartment was being provided, which manager would serve both buildings. Mr. Colman further stated that he would not build a building without a manager's apartment to provide the necessary services to those people who would be purchasing those apartments. Mr. Colman cited a court judgement regarding his Villa Magna project which said that he could in fact build 92 units plus a resident manager's office and living quarters which were considered amenities only. The condo documents are written in that each condominium owner in the building has a share of the resi-dent manager's apartment and this thereby makes it a common area. This is also being done in the Villa Nova and being proposed in these two new buildings. After substantial discussion, Mr. Colman stated he would reduce the number of units to 35 plus a resident manager's unit. Mr. Colman stated that with regard to the overhang problem on the East side, he felt the DNR would approve it and requested that the Board condition their approval based on receiving this approval from the DNR. Mr. Colman further stated that he had no objection to building a seawall to the Ambassadors East property if the appropriate approvals could be obtained from the DNR. C� PLANNING BOARD • Regular Meeting - Minutes December 9, 1987 Page 4 of 6 Mr. Gregerson addressed the matters of a water impact study and also requested information as to the protection of the mangroves on the West property. Mr. Twitty noted that the water impact study was included on the plans itself and also verified that no mangroves would be destroyed as a part of this proposal. Mr. Ward gave the latest statistics as to water consumption in Town and addressed the matter in terms of Mr. Colman's impact study on the plans. It was noted that this project inasmuch as it is adhering to the Xeriscape concept and will use a water conserving cooling tower for its air conditioning should not have an adverse effect on the water needs of the Town. It is estimated that Villa Mare' will use 3,746 gallons per day and Villa Costa 2,489 gallons per day. The Board asked if Mr. Colman would be willing to come back with the marine engineer to address the matter of the seawall and its effect on the adjacent properties. Mr. Colman indicated he did not want a delay and that he felt he met the requirements inasmuch as his building was West of the CCCL. Chairman Rome contended that it was very difficult for the Board, on a large project, to consider preliminary and final review and requested additional time to address this matter. Attorney Sliney felt that there were some legitimate concerns and felt that a special meeting to re -address and come up with some of the answers to • some of the problems noted would be the way to proceed. Mr. Colman was asked to return with a marine engineer at a special meeting. Chairman Rome stated it would have to be someone from the private sector who could come in and discuss the matter. Mr. Colman asked if the Board could agree on a date for a special meeting next week at which time he would bring in a marine engineer. Chairman Rome stated that she felt there was no problem with the West side and asked if any one would make a Motion that the Board accepts the West side with the 36 units (no manager's apartment). When Mr. Colman said he is going to have a manager's apartment --he will cut out one unit --Chairman Rome said whatever way Mr. Colman wants to divide them up there will be a total of 36 dwelling units only. Vice Chairman Ward said he would be in favor of that and he would make that proposal; as far as the other building, continued Mr. Ward, I would recommend that we have another meeting as soon as possible, with an engineer, and I see no objections to the Building Official having informal discussions regard- ing seawalls with DNR to sound them out; come back here and give us their opinion and we'll weigh that with the opinion presented by the marine engineer engaged by Mr. Colman. • • PLANNING BOARD Regular Meeting - Minutes December 9, 1987 Page 5 of 6 MR. WARD then made the following MOTION: "I would propose that we give an approval to the site plan review application for Villa Costa, Lot 101 West on the understanding that it contains a maximum of 36 dwelling units (one of which will be for the resident manager)". MRS. LENG seconded the MOTION. When Chairman Rome asked if there was any discussion on the motion, Mr. Gregerson questioned what Mr. Colman would use the extra space that resulted from the deletion of one apartment. Mr. Colman said it would become a part of the amenities. The roll call vote resulted as follows: Mrs. Leng 'aye' Mr. Bartlett 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mrs. Rome 'aye' The MOTION carried unanimously with favorable votes. • It was agreed the Planning Board would hold a special meeting on Wednes- day, December 16, 1987, at 9:30 A.M. to continue the site plan review application for the Villa Mare' (Town Lot 101 East) to resolve the ques- tion of the seawall and the overhang. Following a five minute recess, Chairman Rome reconvened the Regular Meeting of the Planning Board at 12:18 P.M. to discuss the tentative schedule for comprehensive plan review of remainder of properties in Town. Chairman Rome stated that she felt the Board did a great job at last month's meeting in assigning each member to certain areas of expertise. It was Chairman Rome's suggestion, and the members agreed, that the Board write Mr. John Toshner of Gee and Jenson regarding the schedule he submitted at the request of Vice Chairman Ward, which is too drawn out. Attorney Sliney stated that he agreed with the members regarding that schedule and added a letter requesting an alternate schedule would be in order. Members also agreed to forward a memorandum from the Planning Board Chairman to the Mayor and Town Commission regarding the Comprehensive Plan. A copy of said letter and memorandum are attached and made a part of these minutes. 0 PLANNING BOARD Regular Meeting - Minutes December 9, 1987 Page 6 of 6 Members discussed a letter from South Florida Water Management District which refers to building plans for the Hoffman Property. Attorney Sliney explained that letter makes reference to the old building propo- sals --the Town is obviously not interested in going along with those proposals which are based on the RPUD. The Town takes the position that the RPUD is dead. The state issued permits on that property and the Town had to go along. The whole point, continued Attorney Sliney, of this is that originally 54 boat slips were approved; the Town has no intention of going along with 54 slips. The density and boat issue are going to be tied together. The Town was very careful in any local permission we gave them; it tied into an agreement where they recognized that the Town position was that the RPUD is dead and there would be no building on the marina until the zoning issue is settled (the zoning and boating slip issue go together). Town Attorney Sliney advised that for information purposes, he and Attorney David Friedman prepared an exhaustive summary of litigations that are happening; it is part of the 1987 Audit Report which is public record and it indicates what is pending. Mrs. Leng stated the January Meeting Agenda should include a discussion • regarding preliminary/final site plan reviews. It is the consensus of opinion that a preliminary site plan review should take place prior to the final site plan review. The next scheduled Regular Meeting date of the Planning Board is Wednes- day, January 13, 1988, with the agenda closing on December 29, 1987, at noon. Upon proper motion, Chairman Rome adjourned the meeting at 12:45 P.M. APPROVED: ORIS R. ROME, CHAIRMAN JOH,W E. WARD, VICE CHAIRMAN MARYI N MWALDMAN AMELIE NG CHRIS ITARTLETIV T: D ATE