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1985.11.15_TC_Minutes_Special TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission SPECIAL MEETING Friday, November 15, 1985 10:01 A.M. A Special Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan at 10:00 a.m. in the Town Commission Chambers at Town Hall. Also present were Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Vice Mayor Mary Louise G. Blosser was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Building Official Bruce Sutherland: Town Clerk Mary Ann Mariano and members of the general public. Mayor Sullivan noted that the express purpose of the meeting was to review plans submitted by Teron International, Inc. of the Royal Highlands project. Prior to this discussion, the following matters were brought up. Mayor Sullivan cited a letter from Boca Highland requesting postpone- ment of a Special Meeting scheduled for November 26, 1985 at 1:00 p.m. to address the request for an extension of the time limit on the RPUD. In the letter, Mr. Delaney noted that a committee consisting of repre- . sentatives of the Boca Highland Condominiums were attempting to meet to resolve some of the problems in the requested development of the RPUD. Commissioner Stewart stated that this matter had already been addressed by the Planning Board who recommended rejection of the extension request and should be considered by the Town Commission as soon as possible. After discussion, it was the consensus of the Town Commission to place this matter on the December 3, 1985 Regular Meeting Agenda for consideration. Attorney Sliney will advise Mr. Delaney of the Tow,n's intention to handle the matter at that time, pursuant to the delay requested, also advising that the extension of the time limit on the RPUD will be the only matter considered at that time. Mayor Sullivan advised that a workshop for elected officials on "Ethics in Government" would be held on November 21, 1985 relating to the Sunshine Act as well as 1985 growth management. Mayor Sullivan requested that any Town Commissioner who desired to .attend this meeting, let him know by this afternoon. Mayor Sullivan noted that the Workshop Meeting. for December would normally fall on December. 31, being New Years Eve. MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO that this meeting be moved to Monday, December 301, 1985 at 1:301 p.m. This MOTION carried unani- mously. - The discussion then turned to the request of Teron International, Inc. for approval of submitted plans for the Royal Highlands project, with Town Commission Special Meeting November 15, 1985 Page 2 of g Mayor Sullivan soliciting comments from the general public. Mr. Nat Pomerantz, Acting President of Ambassadors South Condominium Association addressed the Town Commission. Mr. Pomerantz cited the side yard requirements of the Town and then read Webster's definition of "yard". Mr. Pomerantz noted that the building itself would be wel- comed, however he was concerned regarding the side yards, noting that the Ambassadors South building already infringed on the Royal Highlands property by 4-5 feet, noting further that the Town also had a 5 foot easement along this south border of the property. Mr. Pomerantz urged the Town Commission to require more side yardage on the site. Mr. Irving Saunders, Chairman of the Planning Board then addressed the Town Commission urging the requirement of a Hold Harmless Agreement as a part of the Stipulation inasmuch as the lower parking garage level is below the level of the ocean and due to hydrostatic pressure could cause damage to cars and the property resulting in liability claims against the Town. Mayor Sullivan then read a draft of the Planning Board minutes of November 13, 1985 which included a verbatim recording of the MOTION of the Planning Board to approve the plans by a 3 to 2 vote. Attorney Stephen Moss, representing Teron International took exception°to the draft minutes, requesting a copy and stating that in his opinion, they were not complete and that very vital portions and statements of the Planning Board were omitted. The Town Manager explained that this excerpt of the Minutes was only a draft and not complete and transcribed so that the detail of the Motion was available with the balance of the Minutes to be completed at an early date, at which time all pertinent information would be included. Mr. Williams gave Mr. Moss his copy of the draft. Mrs. Doris Rome, Vice-Chairman of the Planning Board then addressed the Town Commission, noting that the Planning Board Minutes were not complete, and had ommitted statements made by her with regard to this project. Mrs. Rome also noted that the Planning Board Members routinely review and correct the minutes, which they had not done at this time with regard to the draft submitted. Mrs. Rome stated that as a citizen of the Town, she felt that what the Planning Board had done was good for the Town inasmuch as it reduced the density and size of the building from that which the court stipulation provided for. Attorney Sliney also stated that these minutes were a draft and not complete, and that the purpose in submitting them was to get the actual Motion of the Planning Board before the Town Commission. Commissioner Stewart noted that the wording of the Motion by the r Town Commission Special Meeting November 15, 1985 • Page 3 of 8 Planning Board used the words "these plans" and asked whether the plans submitted by Teron had been amended in any way prior to their approval on November 13, 1985. Mrs. Rome noted that the plans had been amended prior to the Motion being approved by the Planning Board and prior to the Planning Board signing off on the plans. Commissioner Grier requested that the plans be better identified in order to alleviate any questions as to which plans had been approved, stamped and signed by the Planning Board. Commissioner Stewart noted that the legend of the plans should be put into the Minutes of the Planning Board. They should note the date on the plans as being 11/11/85, consisting of ten pages, bearing project #81-192, CADD File #81-192/A-1-1/02 and CADD File #81-192/A-3-1/E2, the Architect being Teron International, Inc. Commissioner Stewart cited that this version of plans did not include a landscaping plan. Lawrence Schmidt, Vice President of Teron Inter- national, Inc. stated that these landscaping plans would not be much different that the previous plans, however, they would be submitted to the Community Appearance Board for approval prior to permitting. Mr. Schmidt then summarized the matters which had been addressed at • the previous Town meetings noting that all the requirements which had been requested by the Planning Board, including height, width, side setbacks, the aperture (now at 267'), and approximately 2,500 square feet of gross living area, urging the Town Commission to concur in the recommendation of the Planning Board approving the plans. Mr. Schmidt noted that since all the requirements had been met, that the Town Commission could only deal with this matter in terms of a political decision and not a legal one. Again, Mr. Schmidt requested approval of this 132 unit plan. Mr. Sutherland then verified all of the dimen- sions given by Mr. Schmidt, noting that they were in conformance with the requests of the Planning Board. During discussion of the Town's easement on the south side of the project, Mr. Schmidt noted that the present easement ran directly into the Ambassadors South seawall with a 15-17 foot drop, which was virtu- ally impossible for citizens to utilize. With regard to the north side, concern was expressed regarding the parking ramp being so close to the side set back. Mr. Schmidt agreed to move the ramp on the north side of the project 20 feet to the south, with Mr. Sutherland pointing out that the garage would still have to meet the side yard setback requirement. The problem of landscaping the gap which would be created which will be addressed by the landscape architect, to be approved by the Town also. The next matter addressed was that of screening on the garage. Mr. Schmidt stated that Teron would provide 50% visibility screening, with Town Commission Special Meeting • November 15, 1985 Page 4 of 8 the possibility of decorative concrete block being used. Commissioner Stewart noted that the screening of garages was a major concern of the Town and suggested that Teron use a screening such as that used on the Parker Highlands project. Mr. Schmidt will submit plans for the screening to be approved by the Town prior to obtaining a building permit on the project. Mrs. Rome made a statement that no plans had been submitted for the lobby area, recreation deck and roof covering. In response to inquiry by Mayor Sullivan, Mr. Schmidt noted that the prices for the units would probably be $350,P1~0 and up. Commissior~(Stewart then addressed the south property line with regard to beach maintenance and safety features for the project, noting that this area needed attention. Commisioner Stewart requested the provi- sion of some sort of bed which would make the south property line accessible by safety equipment, as well as beach maintenance equipment further providing for the safety and security of the residents of Royal Highlands. Commissioner Basso as well as Mr. Sutherland agreed that this would not be an excessive cost item and should be provided. • Commissioner Stewart further noted that a beachwalk could be estab- lished on this portion of land. Mr. Schmidt noted that two sets of steps were being provided to the beach, and further, that Teron was applying to the State to rebuild and revegetate the entire beach, making application for dune walkovers as well. Commissioner Stewart advised Mr. Schmidt that dune walkovers required the Town's approval in addition to state approval, recommending that Mr. Schmidt get in touch with Red Taylor of the DNR for his input. Commissioner Stewart then cited that the planned seawall was to be 893' long, and asked what construction materials would be used. Mr. Schmidt noted that sand would of course be used, but behind the sand, he did not know at this point. Commissioner Stewart advised Mr. Schmidt that it would be the Town's preference to have concrete used rather than steel, inasmuch as a steel seawall could create a "rusty wall" at the sign of any deterioration. Mr. Schmidt assured the Town that they would not have a "rusty wall" to look at. Commissioner Basso then noted the comment made at the beginning of the meeting by Mr. Saunders about the lower parking level being before the level of the ocean and asked what should be done about this. Mr. Schmidt noted that the finished floor for the garage was 6.75' above mean sea level and did not feel that this was a valid concern. Commissioner Basso also expressed his concern about fire trucks having access to the building. Further, Commissioner Basso stated that he . would not go along with any plan which was not in conformance with the Town Commission Special Meeting • November 15, 1985 Page 5 of 8 Court Stipulation. Commissi were not in conformance with developer had just decreased buildings to make up for any square footage of the entire by Commissioner Stewart, Mr. had been made with regard to submitted. ~ner Basso stated that he felt these plans the Court Stipulation, and that the the units and increased the area of the financial loss, and further, that the project had been increased. Upon inquiry Sutherland stated that no calculations the square footage of each of the plans Commissioner Grier noted that although a court settlement existed, that negotiations amenable to both parties could be arrived at and a compromise reached. Commissioner Grier noted that the Planning Board had put alot of time into the review of these plans and that he would be inclined to go along with their recommendation. Upon inquiry by Mayor Sullivan, Attorney Sliney noted that this deter- mination by the Town Commission was Step 2 in a 3 Step process, the first being the Planning Board recommendation and the third being the incorporation of all points brought out today in a revised Stipulation to be drawn by both attorneys and finally approved by both Teron International, Inc. and the Town Commission. Attorney Sliney further . stated his opinion that after sitting through all the deliberations of the Planning Board, he felt that they had made a good recommendation and the present plans were a realistic solution to the matter, citing the court date approaching. Commissioner Stewart then asked whether it would be feasible to require a hold harmless agreement as suggested by Mr. Saunders at the beginning of the meeting. Commissioner Basso noted his concern that this company would not even be around by the time anything ever happened. Mr. Schmidt stated that he felt any agreement would be use- less inasmuch as a 100 year seawall design will be requested approval by the DNR, which type seawall does not exist in any other building in Town to date. Commissioner Basso stated that he would like to see the units reduced from 138 to 120 inasmuch as Teron was utilizing more square footage then they were entitled to. Mr. Williams then expressed his concern about moving the ramp and the fact that the fire equipment might not be able to maneuver around such a sharp turn and the Town Commission agreed that the fire department be requested to study the plans prior to the movement of the ramp. Mayor Sullivan noted that he was inclined to go along with these plans as they were only 1' higher, and was relying on the Planning Board's recommendations on the matter. r 1 U V Town Commission Special Meeting November 15, 1985 . Page 6 of g Discussion again ensued regarding the beach access on the south line of the property, with Mr. Schmidt agreeing to provide same, but reserving any long term maintenance agreement on this. Commissioner Stewart noted that this access was offered only to residents of Highland Beach Isles, and was not a general easement for the Town's maintenance, and requested a gate be provided with keys being issued by Tenon International to those qualified to receive same. Mr. Schmidt agreed to this. A five minute recess was taken at this point in the meeting. Mayor Sullivan asked Mr. Schmidt whether both buildings would be con- structed at the same time. Mr. Schmidt noted that although two building permits would be requested (one for each building), they would be secured at the same time and therefore would be under the same time constraints for completion of the project. Commissioner Stewart questioned the provision of a starting date. Mr. Schmidt stated that he had already proposed that he have the final construc- tion drawings to the Town within six months of the approval of the Settlement Agreement, requesting the Building Official to have all review of same completed within 60 days, at which time the building • permits would be secured and the buildings completed in conformance with the building permits. Mr. Schmidt also requested that Teron be allowed to secure a seawall permit and piling permit independent of the building permit in order to begin on the project as soon as possible. Mr. Sutherland noted that all permits would have to be taken at the same time according to the Town Code. Attorney Sliney stated that the Town could provide in the Settlement Agreement a date certain that the building permits would have to be secured regardless of submission of plans, etc. Commissioner Stewart questioned whether the Town could pick a time certain for the substantial completion of the project rather than working through the time on the permits. Attorney Sliney stated that a time certain for the securing of the permits could be established and then a time certain for substantial completion plugged into the Agreement. Mr. Schmidt noted that the proposal he was making to the Town would allow two years eight months for substantial completion of the project. Mr. Schmidt reiterated his request for the independent issuance of a seawall as well as a piling permit which will enable Teron to begin the preliminary construction process. Attorney Sliney stated that the way to proceed on this if the Town Commission saw fit was to approve the plans and direct him, along with Attorney Moss, to draw up a Settlement Agreement for final approval by Tenon and the Town. • Commissioner Stewart asked whether there would be any problems with Town Commission Special Meeting November 15, 1985 page 7 of 8 the independent issuance of the seawall and piling permits. Mr. Sutherland noted that the only problem he saw would be if a developer wanted to build a seawall to protect their land and then not build the buildings planned. Doris Rome then made a statement that a reverter clause be included in the Agreement noting that if Teron was not in conformance with the time limits, then the property would revert to existing zoning. Mr. Schmidt noted that at the same time the seawall is being built, the beach will be totally refurbished. Attorney Moss suggested that the Town Commission be provided with written clarification and the proposed Settlement Agreement at their December 3, 1985 Regular Meeting. Attorney Sliney noted that a draft of the Stipulation would be provided to the Town Commission prior to the November 26, 1985 Workshop Meeting. Mr. Schmidt requested an outside date on the approval of the Agreement, with the Town Commission reaching a consensus that the matter be resolved by December 15, 1985. A five minute recess was then taken in order for the two attorneys to . phrase an appropriate Motion. Upon re-convening the meeting, the following MOTION was made by COMMISSIONER GRIER/MAYOR SULLIVAN: THAT THE TOWN COMMISSION APPROVE THE ROYAL HIGHLANDS SITE PLAN DATED 11/11/85 CONSISTING OF TEN PAGES, PROJECT NUMBER 81-192, AS APPROVED AND SIGNED BY THE PLANNING COMMISSION ON 11/13/85, AS MODIFIED BY MOVEMENT OF THE NORTH RAMP 20' TO THE SOUTH, CONDITIONED UPON A SETTLEMENT AGREEMENT TO BE APPROVED BY THE TOWN COMMISSION AND TERON INTERNATIONAL, INC. It was noted that the matter of the beach access and time limits would be addressed in the Settlement Agreement itself. The vote on the MOTION was taken with Commissioner Basso voting no. Mayor Sullivan, along with Commissioners Grier and Stewart voted aye with the MOTION carrying 3 to 1. Attorneys Sliney and Moss will. submit a draft settlement agreement to the Town Commission prior to their November 26, 1985 Workshop Meeting for discussion. There being no further business to come before the Town Commission at this Special Meeting, same was adjourned at 1:10 p.m. u Town Commission Special Meting • November 15, 1985 ,~---- Page 8 of 8 i . ~ _._. , ., ___, ~• ,~ ~ti~' ~~ APPROVED : %~ ~ ,`~~~c.~l~, dw d J. Sul an, Mayor Mar Loui G Blosser,Vice Mayor ~~~ J n assn, Com i sinner William A. Grier, ommissioner Bett Jean Stewart, Commissioner ATTEST: ~ ~,[/~ T CLE K DATE: ~~-~~-~~ ~~