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1988.01.20_PB_Minutes_Special0 TOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD SPECIAL MEETING - MINUTES January 20, 1988 1:00 P.M. The Special Meeting of the Planning Board, Town of Highland Beach, Florida, was called to order at 1:10 P.M. in the Commission Chambers at Town Hall by Chairman D. R. Rome. The Recording Secretary called the roll. Present were Chairman 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 Building Official B. Sutherland, Town Attorney D. K. Friedman, Recording Secretary A. M. Kowals, Messrs. P. Colman, M. Walther, M. Everett and Attorney E. S. Venzer representing Concordia Investments, Inc., and members of the general public. Chairman Rome stated the Special Meeting was called for the purpose of continuing the site plan review of Villa Mare' (Lot 101 East) regarding the "seawall" as submitted by P. Colman of Concordia Investments, Inc. Mr. Colman distributed a set of three drawings (color -coded yellow, blue and orange) depicting the proposed return wall to the Town Attorney and each Regular Member of the Board. Chairman Rome noted that on January 19, 1988, Mayor Stewart spoke with Mr. Manson -Ring of the DNR who advised that paragraph 3 of the letter to Mr. Walther of Coastal Technology Corp. dated January 12, 1988, which reads "Our staff will not recommend favorably on the construction of such a wall as a condition of the permit" refers to a permit for dune restoration, access construction and dune vegetation; it is not a permit for the construction of a return wall. Said letter states "Should the adjacent property to the South wish to have a new return wall construct- ed on their property, they should apply for such under a separate permit application", stated Chairman Rome. Continuing, Chairman Rome noted the Ambassadors East was c/o'd in 1975 and it is a known fact that Ambassadors East is over the line between the two properties. The Villa Mare' plans show a setback of 12' on the South side and a 17' setback on the North side. Since the DNR knows from the Mayor that Ambassadors East is on Mr. Colman's property, the DNR said it -would look at the permit in light of the new conditions that exist because they did not realize from Mr. Walther's presentation that in fact Ambassadors East can not construct anything to reinforce their wall unless they construct it on Mr. Colman's property. Mr. Colman said these matters were discussed at the previous meeting; we drafted an agreement which your attorney and our attorney agreed upon, iswhich deals with these issues, the very items we discussed last time. Mr. Colman stated they have no objection doing what the DNR will permit them to do. PLANNING BOARD • Special Meeting - Minutes January 20, 1988 Page 2 of 5 Town Attorney Friedman stated the draft of the agreement was just re- ceived and he advised Mr. Colman's Attorney, Ellen Sue Venzer, there were some problems that he hoped would be resolved at this Special Meeting of the Planning Board. In discussing the problem with the Town's zoning book that surfaced at the January 18, 1988, Town Commission Meeting at which Mr. Colman was present, Town Attorney Friedman advised the Town Commission is aware of it and they will consider it. The fact of the setback should be in the motion otherwise it would appear the Board is not giving any weight to it; it should be considered as part of the site plan review, continued Attorney Friedman. Attorney Ellen Sue Venzer, an associate of Cohen and Silver law firm of Miami, said we should only be addressing the East side of the property which is within the setback line required by the Town Code. There is a 50' setback on the East property. Mr. Colman informed the Board Members that the zoning book he purchased at Town Hall on October 13, 1987, is the book the architects worked with and the plans are based on that book. Another important point, said Mr. Colman, is we are set back 50' on the East side property. The ground we are discussing on the East side is the natural grade of the dune where • we are set back 50' from our lot line on the North and South sides. The Planning Board Members approached the table to review the plans submitted by Mr. Colman for lot 101 East. There was much discussion outside the hearing of the Recording Secretary. Members acknowledged receipt of the draft agreement which they were to review and prepare for approval by the Planning Board. Chairman Rome noted the proposed return wall is nothing like the wall at Ambassadors South which was prepared by Mr. Walther's corporation for Teron International. Mr. Walther explained he participated in the Teron Project a number of years ago. Continuing, Mr. Walther said as he understands the agree- ment, Mr. Colman has agreed to seek a permit from the DNR for one of the two alternatives titled "Return Wall" or "Diagonal Return Wall". If permits can not be obtained from the DNR for either of these alterna- tives, Mr. Colman agrees to construct a seawall as shown on the drawing titled "Straight Seawall". Mr. Colman assured the Planning Board Members that these drawings conform 100% to the proposal made at their last meeting on January 13, 1988. According to the DNR, what we are doing has no effect on the adjoining properties and I am not obligated to do anything there, said Mr. Colman. r � U • PLANNING BOARD Special Meeting - Minutes January 20, 1988 Page 3 of 5 Continuing, Mr. Colman said if the DNR turns the Town down, he will go ahead diligently, after working drawings are prepared, and make an ap- plication presentation to the DNR at which time the Town can support the proposal. After all that effort, if we do not get results, I will still build a wall, stated Mr. Colman, I will continue my East wall going all the way to the South and all the way to the North with a return at both ends. When Mrs. Leng questioned why Mr. Walther did not prepare the same type of drawing for this project as was done for the Teron property, which is very similar, Mr. Walther advised that, at that time, they were hired to assist in the negotiations with the Town's Attorney toward reaching a developer's agreement to allow the developer to proceed with the development of the property; and it was the developer who proposed to build that wall to provide protection to the people using an easement on that South side of his property to allow those people who had title to that easement to reach the beach without encroaching on the developer's property. The reason the wall is some 8 or 10 feet away from his pro- perty line is because that wall is along the boundary line of the easement that crosses his property, continued Mr. Walther. When Mrs. Leng asked, if in Mr. Walther's opinion, butting one wall • against the other is the way to solve the problem being discussed, Mr. Walther replied the only way is to construct a seawall with a return wall on the North end of the property. If you are looking to protect the Ambassadors East corner, constructing a return wall may protect it but we would need to be at least 3' away. When Mr. Waldman asked if there was any reason why the wall could not be constructed the same as at the Ambassadors South, Mr. Walther stated the wall can be constructed the same way. Mrs. Leng noted that during the last major storm in Town, that wall at the South end of Town did protect that property. When Mr. Ward asked Mr. Walther which, in his opinion, is preferable, the diagonal or the return wall, Mr. Walther responded he would suggest the diagonal wall would be a better wall. In discussing the agreement between developer Philip Colman and the Planning Board, Town Attorney Friedman said the agreement does not address a diagonal wall and he was advised that the Town proposes the return wall. Mr. Colman said he would agree to Mr. Walther's preference, the diagonal wall, and we would make a specific request to the DNR for a diagonal wall. When Chairman Rome questioned why the diagonal is the better wall, Mr. Walther replied it is better for wave action and noted the • seawall is at an elevation of 16' above mean sea level. • PLANNING BOARD Special Meeting - Minutes January 20, 1988 Page 4 of 5 n �J Members requested rock revetment be included at both the South and North ends of the property. Mr. Colman agreed to include the rock revetment at both ends, Mr. Walther made a notation on the drawings which he dated and initialed, and Mr. Colman added that he would include this in his application to the DNR because they would have to approve it. Following much discussion and revision of the draft agreement, the Special Meeting was recessed at 2:45 P.M. to allow the document to be typed in correct form. Chairman Rome reconvened the Special Meeting of the Planning Board at 3:05 P.M. and noted the next item on the agenda was "Resolution Estab- lishing Zoning in Progress". Following the reading of the "Resolution" into the minutes by Chairman Rome and Vice Chairman Ward, MOTION was made by MR. WALDMAN/MRS. LENG to pass and adopt the Resolution. A roll call vote resulted as follows: Mr. Ward 'aye' Mrs. Leng 'aye' Mrs. Rome 'aye' Mr. Waldman 'aye' Mr. Bartlett 'aye' Chairman Rome recessed the Special Meeting at 3:25 P.M. to await the final copy of the agreement between Mr. Colman and the Planning Board. At 3:50 P.M., Chairman Rome received the re -typed agreement and recon- vened the Special Meeting of the Planning Board. After reviewing the final copy, MOTION was made by MR. BARTLETT/MR. WARD to accept this "Agreement" between Mr. Colman and the Planning Board. (A copy of this agreement is attached to and made a part of these minutes.) A roll call vote resulted as follows: Mr. Bartlett 'aye' Mr. Waldman 'aye' Mrs. Rome 'aye' Mr. Ward 'aye' Mrs. Leng 'aye' The following MOTION was made by MRS. LENG/MR. WALDMAN: "That the Planning Board recommends to the Town Commission that the proposed site plan for Lot 101 East be approved and that the Town Commission approve and ratify the attached Agreement, dated January 20, 1988, between Concordia Investments, Inc. and the Town of Highland Beach Planning Board for the construction of a diagonal return wall, and any modifications as required by the DNR, with rock toe -scour revetment, which Agreement has been entered into by the Planning Board for the purpose of protecting the properties adjacent to the site." PLANNING BOARD Special Meeting - Minutes January 20, 1988 Page 5 of 5 Upon proper MOTION by MR. WALDMAN/MR. BARTLETT, Chairman Rome adjourned the Special Meeting of the Planning Board, Town of Highland Beach, at 4: 00 P.M. A st: x� Date e aZ d� 0 0 APPROVED D. R. Romb, Chairman J �/fE. Ward, Vice Chairman M. A aldman Amelie Leng C. HI/ Bartlett