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1987.02.25_PB_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD SPECIAL MEETING - MINUTES FEBRUARY 25, 1987 9: 30 A.M. Chairman I. S. Saunders called the Special Meeting of the Planning Board, Town of Highland Beach, Florida, to order in the Town Hall Commission Chambers at 9:30 A.M. The Recording Secretary called the roll. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, J. E. Ward and A. Leng. Also present were Town Attorney T. E. Sliney, Building Official B. Sutherland, Recording Secretary A. M. Kowals, R. Marshall, P. Ince and several Town Residents. Absent were Regular Member M. A. Waldman and Alternate Members C. H. Bartlett and A. Futernick. Chairman Saunders stated the Special Meeting was called by the Planning Board for the purpose of reviewing a "Developer's Agreement" and to continue a Preliminary Site Plan Review Application submitted by Atwell Property for single family estate residences for lots 1 thru 5, Byrd Beach Sub -Division (2355 South Ocean Boulevard). Town Attorney Sliney apologized to the Planning Board for not getting the copy of the agreement under his letter of February 19, 1987 to the members before that date. A draft of the agreement was submitted by Mr. Marshall to Town Attorney Sliney on February 19, and was forwarded on to the Town Commission. This matter was reviewed at the Town Commission Workshop Meeting on February 24, 1987 and various Commissioners had several concerns. The main concern was the problem of allowing this property to be developed without simultaneous building permits. (If the developer is not going to apply for the permits, can or should the Town allow the property to be cleared without the simultaneous building permits?) We are not in a position to make any agreement today, continued the Town Attorney, as the Town Commission has a number of concerns and they want to study it further as they are the ones who have to sign the agreement. Vice Chairman Rome said the bond suggested in Mr. Marshall's agreement was not sufficient for the extent and amount of work that was to be done; and, paragraph 5 was also a great concern. Mr. Ward said the Planning Board must follow the laws of the Town. Re- viewing Mr. Marshall's agreement, continued Mr. Ward, we might be infractioned if Mr. Marshall grades lots 1 to 5, as suggested, but builds on one lot (lot 3) only. The question of an entrance (egress and ingress) was also discussed at the Town Commission Workshop Meeting, opstated Mr. Ward. PLANNING BOARD Special Meeting - Minutes February 25, 1987 Page 2 of 6 Mrs. Leng noted she had many questions for Mr. Marshall; however, her first question was to the Town Attorney concerning the maintenance of the common property, will there be a covenant drawn up or will there be a Home Owners' Association. Mr. Marshall explained there really is no common property - there is an easement over three of the lots to facilitate the interior driveway system, the gate house, etc. A big feature of this community, said Mr. Marshall, is that it has the appearance of being a secured community. When Mrs. Leng questioned if the debris from the gate house which is to be demolished will be removed, the Building Official stated he would recommend that all of the debris be hauled away. Members agreed that paragraph 2 (b) of Mr. Marshall's agreement should be changed to read "demolish the existing gate house and pad and remove the resulting debris". Regarding the sprinkler system, Mr. Marshall explained that will be maintained by the five home owners who will participate in the cost of maintaining the property that has the easement. Mr. Marshall said they are in the process of drafting a 'Deed Restriction' and creating a Home Owners' Association. Mrs. Leng stated the Planning Board will have to see all landscaping plans, all outside signs, lighting around the entrance and roadway, and the post lights that are planned for the driveway. When Mrs. Leng questioned if the homes will be built on pilings, Mr. Marshall stated that was not necessary as that area is rock; it will be slab construction. Upon questioning by Mrs. Leng, Mr. Marshall informed the members that there is really only one exit and one entrance; there will be an arm for each that will be controlled from the gate house. Mr. Marshall explained they propose to sod the westerly half of the four vacant lots to allow construction of a pad of soil that would be compacted and left unfinished. After a given length of time, continued Mr. Marshall, if it is a concern of yours, we could plant that area. Building Official Sutherland suggested constructing just one pad as only one building is being proposed at this time --the other area should not be disturbed. The proposed interior driveway system, said Mr. Marshall should be done after the grading. A finished roadway could be put in to the East edge of the gate house so that from the street there is a formal finished look (the driveway system would then be cleared out and based with shellrock). The finished driveway will be Bowmanite or Brick. 0 PLANNING BOARD Special Meeting - Minutes February 25, 1987 Page 3 of 6 Mrs. Leng commented that she found the landscaping plans to be excellent as the plants are adequate and salt tolerant. When Mrs. Leng stated the Calophyllums that will have to be removed for the new entrance on AlA should be relocated, Mr. Marshall was in agreement and added that he would replace a few of the Calophyllums that have died. When Vice Chairman Rome questioned if the concerns discussed at the Town Commission Workshop Meeting on February 24, had been answered by Mr. Marshall at this Special Meeting, Town Attorney Sliney said he did not think so as the Town would like the developer to take this lot by lot taking building permit by building permit. The developer does not want to do that and the Town is trying to see how this can be worked out. Mr. Marshall said to build lot by lot would increase the cost of each building, it would stretch out the development time and one would not add to the aesthetics of the community. When Mr. Ward said the main concern is the site pads and the sodding or planting of grass on same, Mr. Marshall said rather than sod the area he might plant grass on the site pads to minimize dust. The area would be leveled and grass planted; however, I would ask you to defer it for 120 days to get the lots sold as we do have interested people, continued Mr. Marshall. • Mr. Ward said the other point was the question of the internal road. Addressing the Town Attorney, Mr. Ward said he sees no problem if they lay down the road to begin with as he saw nothing in the Ordinances to prohibit it. Vice Chairman Rome said she thinks the objection would be that the road would be finished up to lot 3 (Mr. Ince's Property) with the rest of the roadway left unfinished (a dirt surface). If the whole roadway system is to be shellrock to begin with, continued the Vice Chairman, I agree with Mr. Ward (there is no objection to it). Building Official Sutherland said the problem is having a common road for a single family zoning. Single family has its own driveway - here we have a common road which will serve each individual lot, continued the Building Official. Mrs. Leng said this is not really a single family home --it is single family homes in a development and I think we have to write it up as such to protect ourselves. When Mr. Marshall commented that is not a common roadway, we are offering a security feature for the five estate homes, Vice Chairman Rome referred to Section 24-13 of the Highland Beach Code which covers ingress and egress of vehicular traffic and said all the Town has to do is approve the driveway. PLANNING BOARD Special Meeting - Minutes February 25, 1987 Page 4 of 6 Mrs. Leng said that perhaps if Mr. Marshall had initially informed the Town Commission that there was to be a Home Owners' Association who would be responsible for maintaining that area, that would have put a different light on the matter. Mr. Ward said the Building Official brought up the matter, someone said there was an Ordinance and that is why it was returned to the Planning Board. The main points of the zoning requirements for single family estate lots were read by Mr. Ward who said they are being observed; the developer is complying with all of them. Continuing, Mr. Ward stated he would like to refer this project back to the Town Commission. Mr. Ward made a MOTION, seconded by Vice Chairman Rome, that the Town Attorney meets with Mr. Marshall's Attorney and draws up the necessary agreement taking care of the specifics discussed today (the Home Owners' Covenant, the site pads, the internal roadway) in addition to reviewing all para- graphs in the agreement with Mr. Marshall's Attorney. Vice Chairman Rome stated it is important the members have the Home Owners' Covenant covering the common areas on the property. Regarding the 'Agreement to Induce Building Permit' which was discussed this morning, 2 (b) is to be changed to read "Demolish the existing gatehouse and pad and remove the resulting debris". Vice Chairman Rome noted that a deposit of $10,000 as noted in paragraph 2 (p) would not be sufficient for that amount of property and paragraph 5, which is very vague, should be worked out regarding a time to commence construction. Town Attorney Sliney said he has no particular problem with Mr. Ward's Motion, but he would like to ask Mr. Marshall when the covenants will be recorded. Mr. Marshall stated as soon as they are completed. The Town Attorney said he would like 15 copies of the covenant as soon as possible so the Planning Board Members can review it. Upon questioning, Town Attorney Sliney said his list of items that have to be worked out are the bond question, the interest, time of land clearing and grading, entrance (egress and ingress), guard house and maintenance of the common property, the architectural drawings, the interior road system, tree relocation and site pads. When Mr. Marshall said he sees a problem with the architectural drawings, Building Official Sutherland noted that a Town Commissioner commented that we are issuing a permit to do work on a piece of property without having any building plans. Mr. Marshall then asked the Building Official if it would suffice for him to submit drawings of the floor plan and elevations. The Building Official then replied that would be up to the Planning Board and Town Commission; from my viewpoint, none of this quite fits the criteria. C] PLANNING BOARD Special Meeting - Minutes • February 25, 1987 Page 5 of 6 Vice Chairman Rome commented that everything Mr. Marshall has been doing is preliminary (even the plans are not concrete plans). Mrs. Leng said this is something different, we've never had this in Town. We have to see the draft because this is not really a true single family home estate. We have to watch the growth in Town and it is just going to take a little time. Mr. Marshall will have to bear with us, continued Mrs. Leng. Mr. Marshall said that as a result of the last meeting he got the impression that there was general agreement that this project was very favorable to the Town. As it stands now, we are in total conformity to your zoning and building code. If we came in with five plans with five driveways, we'd get approval. What we are attempting is to give the Town of Highland Beach a beautification of an area that is exclusive. To that extent, we would appreciate receiving whatever expeditious treatment possible. We came into this project realizing we were in total conformity and now we get continuing objections to what amounts to total conformity, continued Mr. Marshall. Mrs. Leng excused herself as she had to leave the meeting at 10:45 A.M. Town Attorney Sliney said it is not in total conformity doing it the way you are proposing. For the record, if you want to build five homes and pull the five building permits one by one, you would be in total conformity. You are not doing it that way and we are trying to work it out, continued Attorney Sliney. Vice Chairman Rome said she does not think there is that much to be ironed out. But, I go along with Mr. Ward and feel this agreement needs to be polished up by the two attorneys, continued the Vice Chairman. Mr. Marshall said he wants the documentation polished up but he would like to set some kind of a schedule to a level when he can predict to start getting the site work done. Mr. Ince informed the Planning Board Members that he would have the building plans within the next two weeks. Mr. Ward said the building plans would be required before the Planning Board could go ahead. The Building Official stated mechanical details on the building plans are not necessary at this time. Building Official Sutherland noted the engineering drawing shows two different figures for the designated area west of the Coastal Construction Line and requested that matter be clarified. Chairman Saunders said the jurisdiction of the Planning Board is basically site plan approval and all members would be interested in reviewing the architectural plans when they are received. PLANNING BOARD Special Meeting - Minutes February 25, 1987 Page 6 of 6 The Recording Secretary then read Mr. Ward's MOTION. A roll call vote resulted as follows: Mr. Ward 'aye' Mr. Saunders 'aye' Mrs. Rome 'aye' Town Attorney Sliney said it would expedite matters to get the covenants first. Upon proper MOTION, Chairman Saunders adjourned the Special Meeting of the Planning Board at 10:55 A.M. APPROVED:,, I. S. Saunters, Chairman D. R. ome, Vice airman (ABSENT) M. A. Waldman ,/ 4Ll�- J1.1 Ward 4; Ame ie Leng 49