1994.03.14_TC_Minutes_Special!~,
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
PUBLIC HEARING/SPECIAL MEETING
Monday, March 14, 1994 9.30 a m
Mayor Arlin Voress called the advertised Public Hearing/Special
Meeting of the Town Commission of the Town of Highland Beach,
Florida, to order at 9:30 a.m. in the Commission Chambers at Town
Hall. Others present were Vice Mayor Bill Paul, Commissioners
Arthur Eypel, John F. Rand, and David Augenstein.
Also in attendance were Town Attorney Thomas E. Sliney, Town
Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, CMC, Building
Official Lee Leffingwell, and members of the general public.
Mayor Voress, noting this advertised Public Hearing/Special
Meeting was called for the purpose of discussing and considering
adoption of a resolution approving settlement agreement between
the Town and Connaught Developments, Inc., requested the Town
Attorney give an overview of this issue.
Town Attorney Sliney, noting this is one of the long standing
litigations the Town has been involved in with regard to zoning,
advised a settlement agreement has been prepared for the property
• South of Town Hall that consists of approximately 3 acres. Said
agreement will terminate the current litigation and allow the
property owner (or assigns) a period of five years to develop the
parcel under the following parameters: 40 residential dwelling
units (each a minimum of 1500 square feet), 40' frontage setback,
12' side setback, 20' rear setback, building height not to exceed
100' or nine stories including parking levels (whichever is less),
1.5 regular parking spaces per residential dwelling unit, with all
plans being reviewed by the Building Official and Town Commission
for compliance.
The Town Attorney noted if no building permit is pulled within the
five year period, the parcel would then be developed under the
then current zoning with the property owner submitting applica-
tions and paying the required fees for necessary Town permits.
The Town Attorney further noted Connaught's Attorney Randee Schatz
faxed a copy of the executed settlement agreement which was duly
notarized.
Discussion of 'Modification of Settlement Agreement', a document
submitted by Attorney Randee Schatz requesting the property's
South side setback be reduced from 12' to 4', ensued. The Build-
ing Official stated, without any reason from Connaught to justify
this request, it is her recommendation the South setback be no
less than 10' so as to accommodate utilities access and
maintenance equipment when necessary.
a
Town Commission Public Hearing/Special Meeting Minutes
March 14, 1994
Page 2 of 2
Following substantial deliberation, it was the consensus of the
Commission to deny Connaught's request thereby keeping the South
side setback at 12' as stipulated in the settlement agreement.
The Town Manager noted the actions taken by the Commissions in the
past have always been mindful of neighbors and have steadfastly
kept the adjacent properties in mind with regard to side
setbacks.
Mayor Voress, having solicited comments from the public (and
hearing none), requested the Resolution be read in its entirety.
Following the reading of the Resolution, the Mayor questioned if
there were any comments from Connaught's Attorney regarding this
document. No comments were forthcoming inasmuch as Connaught's
Attorney was not in attendance. Mayor Voress entertained a MOTION
proposed by COMMISSIONER RAND to adopt Resolution No. 645 as read
by the Town Clerk. COMMISSIONER AUGENSTEIN SECONDED the MOTION.
A roll call vote resulted in each Member casting an 'AYE' vote to
approve the MOTION.
At this time, the disposition of the 'Modification of Settlement
Agreement' was addressed. VICE MAYOR PAUL/COMMISSIONER RAND MOVED
to refuse Connaught's 'Modification of Settlement Agreement'. The
MOTION received unanimous approval with each Commissioner casting
an 'AYE' vote.
There being no further business to come before the Town Commission
at this time, upon proper MOTION, Mayor Voress adjourned this ad-
vertised Public Hearing/Special Meeting at 9:50 a.m.
APPROVED :~~ ~-~ ~ _.--z
Arlin Voress, Mayo'
Bi Pa 1, Vice ayor
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ST: ~ / David Augenstein, mmissioner
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