2014.02.12_PB_Minutes_Regular Fk GI • ?_ �� ' .� '� ,� TOWN OF HIGHLAND BEACH k.
y �` MINUTES OF THE
,''% fioaie�: "' PLANNING BOARD
REGULAR MEETING
Wednesday, February 12, 2014 9:30 AM
Members Present: Chair Carol Stem; Vice Chair Ilyne Mendelson; Board Member
Ronald Clark; Board Member Stephen Golding; Board Member Harvey Mart; Board
Member Ronald Rajsky; and Board Member William Svenstrup. Also Attending: Town
Attorney Brian Shutt; Building Official Michael Desorcy; Deputy Town Clerk Valerie
Oakes and members of the public.
CALL TO ORDER:
Chair Stem called the Regular Meeting to order at 9:30 AM in the Commission
Chambers. Roll call was taken by Deputy Town Clerk Oakes followed by the Pledge of
Allegiance.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Chair Stem asked for any additions or deletions to the agenda, hearing none, called for a
motion to accept the agenda as presented.
MOTION: Member Rai sky moved to accept the agenda as presented. Member Clark
seconded the motion, which passed unanimously.
PUBLIC COMMENTS AND REQUESTS:
No public comments and/or requests.
PRESENTATIONS:
No presentations.
APPROVAL OF MINUTES:
• January 8, 2014 — Regular Meeting
Chair Stern called for a motion to approve the minutes of January 8, 2014, Regular
Meeting.
Planning Board Regular Meeting Minutes
Wednesday, February 12, 2014 Page 2 of 8
MOTION: Member Mart moved to approve the minutes of the January 8, 2014,
Regular Meeting as presented. Member Svenstrup seconded the motion, which passed
unanimously.
OLD BUSINESS:
There was no old business.
NEW BUSINESS:
A. Application No. 30567 — 3719 S. Ocean Blvd.
CONSIDERATION OF SITE PLAN APPROVAL FOR THE CONSTRUCTION OF
A THREE -STORY SINGLE -FAMILY RESIDENCE PLUS BASEMENT /GARAGE
FLOOR LEVEL. THE TOTAL FLOOR AREA TO BE APPROXIMATELY 11,140
SQ. FT. WITH APPROXIMATELY 8,685 SQ. FT. UNDER A/C.
Applicant: Brewer Architecture, Inc.
Chair Stern read the application summary into the record.
Staff's Presentation:
Building Official Desorcy presented the application to the Planning Board and
explained that the site plan complies with the provisions of the Code of Ordinances
for the Town of Highland Beach.
Member Clark inquired if the site plan complies with the setback requirements.
Building Official Desorcy stated that it is in compliance with the setbacks.
Member Svenstrup asked if there are any protrusions through the roof, or anything
that may exceed the height restriction. Building Official Desorcy explained that the
submitted plans show compliance with the building height requirements in that
zoning district, which is 35 feet.
Town Attorney Shutt asked that the Deputy Town Clerk swear -in all those who
would testify as this is a quasi-judicial hearing. Deputy Town Clerk Oakes swore -in
all those who would testify. Furthermore, the Board did not have any ex parte
communication.
Chair Stem questioned why the application states that the residence is three- stories
when it is four- stories. Building Official Desorcv indicated that technically it is a
four -story home, but the first floor is below grade (the garage level), which you do
not see. It has been determined that the house is going to have a sprinkler system
because of the height. There are three- stories of living area above the garage.
Vice Chair Mendelson inquired if there is an exit on the basement floor level on the
beachside. Building Official Desorcv stated that there is no access from the basement
to the beach.
Planning Board Regular Meeting Minutes
Wednesday, February 12, 2014 Page 3 of 8
Petitioner's Presentation:
Architect George Brewer did not have a presentation, but stated that he was available
to answer any questions.
Chair Stem called for a motion to approve Application No. 30567.
MOTION: Vice Chair Mendelson moved to approve application no. 30567 for the
property located at 3719 S. Ocean Blvd. as presented. Member Golding seconded the
motion.
Board Discussion:
None.
ROLL CALL:
Vice Chair Mendelson - Yes
Member Golding - Yes
Member Mart - Yes
Member Raj sky - Yes
Member Svenstrup - Yes
Member Clark - Yes
Chair Stem - Yes
Motion carried 7/0.
B. Application No. 30674 — 3200 S. Ocean Blvd.
CONSIDERATION OF SITE PLAN APPROVAL FOR THE INSTALLATION OF
A TEMPORARY STRUCTURE (SALES OFFICE TRAILER).
Applicant: Seagate Development, LLC
Chair Stem read the application summary into the record, and explained that the
Board will make a recommendation to approve, approve with conditions or deny the
application, which will be sent to the Town Commission for their final review as the
decision making authority.
Staffs Presentation:
Building Official Desorcy presented the application to the Planning Board and
explained that the sales trailer complies with the site requirements; however, the Code
of Ordinances Chapter 30- 68(m)(2) requires a building permit to be issued, so the
plan does not comply with the requirements of the code in that respect.
Chair Stem inquired if the site plan for the building needs to be approved prior.
Building Official Desorcy stated that it is a requirement of the code.
Vice Chair Mendelson asked if the applicant understood that this was an issue.
Building Official Desorcy explained that the applicant understands.
Planning Board Regular Meeting Minutes
Wednesday, February 12, 2014 Page 4 of 8
Chair Stem questioned when the site plans would be submitted. The Building
Official did not know the schedule for submittals. Chair Stem asked why the Board
would make a recommendation to the Commission if the applicant has not fulfilled
their obligations. Building Official stated that based on a conversation, the applicant
plans to submit the plans very soon; they want the sales trailer approved so they can
begin pre-sales of the units.
Member Mart suggested that if the code requires that they have a building permit for
the building structure, and they have not been issued that then the trailer will be
removed after six months and it could take a while to get the building permit.
Member Clark mentioned that approximately 10 years ago, there was a sales trailer on
that property and asked if it would be in the same location. Building Official Desorcy
informed that the temporary electric pole was on the south side; however, he was not
with the Town at that time.
Member Mart questioned if a certificate of occupancy would be issued after
inspecting the trailer. Building Official Desorcy stated that he performs a tie down
inspection and that ADA compliance standards are met. The trailer is installed by a
licensed trailer installer. Member Mart asked if wind loads are submitted for the tie
downs. The Building Official confirmed that the wind loads are provided.
Member Clark recalled that this project is under an extension that was approved, and
asked for the deadline. Building Official Desorcy approximated that around May is
the deadline as they were given a year extension.
Petitioner's Presentation:
Robert McCoy, Property Manager, Seagate Construction Group gave his presentation
stating that they read the code slightly different. The petitioner thought that the
Planning Board could grant approval for the sales trailer ahead of having the building
permit. It would be quite the undertaking to produce a full set of required documents
without setting up a sales trailer and doing any pre-sales. This would allow us to
know if the units can be sold as currently designed and at the price points established.
The proposed sales trailer would be installed to be ADA compliant and there will be
landscaping. The renderings and designs will be available to offer the pre -sales. Less
than a month ago, the petitioner began working with the new architect
Chair Stem clarified that the petitioner wants to sell the apartments before submitting
the plans. Mr. McCoy stated that they would like to have the renderings and the
floor plans. Chair Stem questioned if the petitioner didn't receive the projected sales,
would they decide not to proceed with the project. Mr. McCoy could not speak on
their behalf, but explained that if they are selling them at four units per floor for a
certain price point and good feedback was not received, then perhaps they would have
to resubmit for a redesign.
Planning Board Regular Meeting Minutes
Wednesday, February 12, 2014 Page 5 of 8
Vice Chair Mendelson stated that the property has a deadline for the development
order extension and that they are limited on time to determine the layout of the units.
Mr. McCoy explained that he was unaware of the extension.
Vice Chair Mendelson added that the Board has only reviewed an envelope of the
project with no details. The Vice Chair asked for Town Attorney Shutt's legal opinion
on the difference in interpretation of the code.
Attorney Shutt asked the Building Official if the sales trailer is classified as a
temporary structure. Building Official Desorcy confirmed that was correct. Attorney
Shutt stated that based on the code it is very clear that temporary structures shall not
be installed without site plan review and approval by the Planning Board, and a
building permit.
Mr. McCoy questioned whether there is a line in the code that the Planning Board
may approve a temporary structure for pre-sales of units prior to a building permit.
Member Mart cited the code stating that the Planning Board may authorize the
installation of a temporary structure serving as an office for original sales of units.
Attorney Shutt's interpretation of the code is that a site plan needs to be reviewed
approved prior to installing a temporary structure. Mr. McCoy asked for
confirmation that a full set of construction documents need to be approved for permit
prior to presales.
The Building Official provided a brief background on the property and a previous
development order approval.
MOTION: Vice Chair Mendelson moved to make a recommendation to the Town
Commission to approve application no. 30674 for the property located at 3200 S.
Ocean Blvd. as presented. Member Svenstrup seconded the motion.
Board Discussion:
Member Clark stated that his interpretation of the code was the same as the Town
Attorney's that absent the building permit the trailer could not be approved. Attorney
Shutt responded that if this Board made a recommendation for approval, the Town
Commission could waive this section of the code to approve this application. The
Planning Board does not have the authority to approve this when the applicant has not
complied with the code. Member Clark reiterated that the Planning Board does not
have the authority to change or bypass the ordinance.
Member Golding added that the applicant did not do their due diligence.
Member Svenstrup questioned if there was a way to issue a permit with limitations.
Attorney Shutt stated that the testimony from the applicant has not been that they are
submitting the information at this time to recommend putting a stipulation for the
approval.
Planning Board Regular Meeting Minutes
Wednesday, February 12, 2014 Page 6 of 8
Chair Stern questioned if they were using the plans from the other builder. Prop.
Mgr. McCoy explained that they have been meeting with the architect of record,
Kolbi Karp, and we have been going through this process and we intend to build out.
In the process, we wanted a sales trailer on the property. There are issues that we
have been trying to work through like having to move the building slightly. It will
not affect the outside envelope or any of the approvals.
Vice Chair Mendelson added that they could test the market from an office that is not
on the property to see if people are interested in buying your units. Then the Board
can live up to its statue.
ROLL CALL:
Vice Chair Mendelson - No
Member Svenstrup - No
Member Mart - No
Member Raj sky - No
Member Clark - No
Member Golding - No
Chair Stern - No
Motion fails 0/7.
C. Application No. 30646 — 2809 S. Ocean Blvd.
CONSIDERATION OF SITE PLAN APPROVAL FOR TO CHANGE THE
EXISITING "HOLIDAY INN" (DOUBLE -SIDED) SIGN TO "DELRAY SANDS
RESORT ON HIGHLAND BEACH ".
Applicant: Interstate Signcrafters
Chair Stern read the application summary into the record.
Staffs Presentation:
Building Official Desorcy presented the application to the Planning Board and
explained that the site plan complies with the provisions of the Code of Ordinances
for the Town of Highland Beach.
Member Clark asked if the sign had already been changed. BO Desorcy explained
that it is a temporary canvass vinyl cover up. They no longer have a corporate
connection to the Holiday Inn, so they cannot use that sign.
Vice Chair Mendelson questioned if there was a change in ownership and terminated
the management contract. BO Desorcy clarified that the ownership has not changed;
the franchise agreement was terminated.
Planning Board Regular Meeting Minutes
Wednesday. February 12. 2014 Page 7 of 8
Chair Stern asked if it were possible, without changing the dynamics of the sign, to
make the font "on Highland Beach" bigger. Somner Gulley. Interstate Sign Crafters
stated that they could make the font bigger.
MOTION: Vice Chair Mendelson moved to approve application no. 30646 for the
property located at 2809 S. Ocean Blvd. with the understanding that the petitioner
will try to increase the font size of "on Highland Beach" as much as possible to try to
fit in with the sign. Member Rajsky seconded the motion.
Board Discussion:
None.
ROLL CALL:
Vice Chair Mendelson - Yes
Member Rajsky - Yes
Member Mart - Yes
Member Svenstrup - Yes
Member Clark - Yes
Member Golding - Yes
Chair Stern - Yes
Motion carried 7/0.
Planning Board Regular Meeting Minutes
Wednesday, February 12, 2014 Page 8 of 8
ADJOURNMENT:
There being no further business, Chair Stern called for a motion to adjourn the meeting at
10:09 a.m.
MOTION: Member Clark moved to adjourn the meeting at 10:09 a.m. Member
Golding seconded the motion, which passed unanimously.
APPROVED: �-- -
Carol Stern, Chair • . V Chair
•
Ronald Clark, Board Member Stephen • din : eard M: ber
9
e Mart, Board Member Rona Rajsky, 1 ky, Member
/lilt t.Q
William Sv trup, Bo ember
TOWN SEAL ATTESTED:
Uc -t
Valerie Oakes, CMC, Deputy Town Clerk
Date: f