Loading...
1985.04.10_PB_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA PLANNING BOARD APRIL 10 1985 9:30 A.M. Chairman Irving S. Saunders called the Regular Meeting of the Planning Board of the Town of Highland Beach, Florida, to order at 9:30 A.M. The recording secretary called the roll. Present were Chairman I. S. Saunders, Vice Chairman D. R. Rome, R. F. Blosser, M. A. Waldman, first alternate member John E. Ward and second alternate member A. Leng. Ab- sent from this meeting was Secretary William J. Wernecke. Also present were Town Manager Hugh D. Williams, Town Attorney Tom Sliney, Building Official Bruce Sutherland, Recording Secretary Anne Kowals, representatives for Teron International and several Town residents. Vice Chairman Rome made a MOTION, seconded by Mr. Waldman, to approve and accept the minutes of March 13, 1985, as written and received. The recording secretary polled the members which resulted as follows: Mrs. Leng 'aye' Mr. Waldman 'aye' Mr. Blosser 'aye' 04 Mrs. Rome 'aye' Mr. Saunders 'aye' CONTINUATION OF A PRELIMINARY SITE PLAN REVIEW OF ROYAL HIGHLANDS - MR LORENZ SCHMIDT EXECUTIVE VICE PRESIDENT, MR. ROY BROWN, ARCHITECT, ATTORNEY STEPHEN B. MOSS MR. T. BRADSHAW, LANDSCAPE ARCHITECT, PRESENT. Attorney Stephen B. Moss of Holland & Knight law firm, representing Teron International, Inc., said his client received approval for site and building plans for the development of the Royal Highland project through a court ordered stipulation in 1980. The issue today, said Mr. Moss, is whether this board desires to see a different plan developed in Town or the one that was already approved. Since timing is a factor, Mr. Moss continued, we are requesting to be heard promptly; and, if revisions made to the site plan are favored today, we shall need one special hearing by this board. The board members were advised that permits were pulled and construction started for the original approved plans; and for various reasons, con- struction ceased. Mr. Blosser stated history indicates the permits expired and the pro- perty has been up for sale since 1983. PLANNING BOARD Regular Meeting F4 April 10 1985 Page 2 of 10 Architect Roy Brown, explaining the new plans said the number of units was reduced to 120 decreasing the density from 18% to 22%. The space between the North and South buildings was increased from 105' to 2301. All the communal facilities were placed below the recreation deck to pick up a large part of the sky. The only projections into this open space, said Mr. Brown, are two open pavillions. A suggestion was made by Mrs. Rome to push the North and South buildings closer by 40' leaving 20' extra on each end for the setbacks which are not what they should be according to the court stipulation. Architect Brown said they are trying to keep the maximum building height no more than 80', and that the bulk of the building was cut from 170' to 85'. The larger buildings, Mr. Brown explained, will have 44 apartments with 16 apartments in the smaller structures. From the top of the parking level, the small building is seven stories on one side and nine stories on the other side. The larger buildings are eleven stories with one penthouse suite which is thriteen stories, then back to eleven stories and then nine stories. Building Official Sutherland said the total number of stories would be fifteen as there are two levels of parking underneath. Mr. Brown stated the recreation facilities were placed on the second floor in order to do away with the parking garage that, as he inter- preted the court ordered plan, ran right across the middle making it a two-story blank wall. Mr. Blosser said his reading of the original court blueprints, and that of Building Official Sutherland, did not specify two stories of garage. There was no garage in the center --it was simply a recreation area and a pool, he stated. The main entry for the new project being submitted, said Mr. Brown, is in the middle and is a divided access point. One arrives at a circular turn -around which goes completely around security, an office and the main lobby. There are forty-four parking spaces under the colonnade that are still considered outdoor parking. There is 83% enclosed parking within the fNstructure for residents. PLANNING BOARD Regular Meeting April 10 1985 Page 3 of 10 The site plan shows two other entrances - one at the South end and the other at the North end. One is a ramp going up to the second level and under the building for the North group. The other is a ramp going up in a similar fashion for the South group to the second level parking. They are providing, said Mr. Brown, 200% parking as opposed to the court approved plan which had approximately 1.5 cars per unit. There are two elevators in each foyer of the sixteen unit buildings, with four elevators in the forty-four unit structures. Maximum eleva- tion is 137' to the roof slab with the penthouse 18' above that. Each turret hides air conditioning equipment. At 10:45 A.M. Chairman Saunders announced a brief recess. The Regular Meeting of the Planning Board resumed at 11:00 A.M. Discussing the recreational facilities on the second level, Mr. Brown said that in addition to these amenities, they have introduced addi- tional sun rooms that overlook large landscaped gardens by taking ad- vantage of the stepping of the terraces. ONI The swimming pool located on the North edge faces East to West and would be screened from view of AlA by dense planting. Two whirlpools are on the other side. The pedestrian deck of the East pavillion was cut back permitting the sun to light the waterfall and terracing that comes down from the natural dune vegetation. All the sand from the excavation will be used to replenish, refurbish and restore the dunes, said Mr. Brown. When the erosion on the South end of the property was discussed, Mr. Brown said it will be filled in with sand and the dune will be replenished to the proper height. Mr. Schmidt advised the board that Teron has an active seawall permit from the Department of Natural Resources, as they are continually going through the process of keeping permits alive; and if approval is re- ceived, construction would begin on or about June 17, with the seawall being installed first to try to stabilize the environment between the seawall and ocean front. Mr. Blosser questioned whether the seawall permit could be used for a new project. Coming in under new plans, this is a new project. There must be a clear legal opinion, said Mr. Blosser, that Teron could use the existing seawall permit to build a new project and would not re- quire other permits or, the Town should not issue a building permit. PLANNING BOARD Regular Meeting April 10, 1985 Page 4 of 10 Building Official Sutherland asked if there was any intent of building these buildings in groups of two at a time rather than four at a time. The court order maintains, said Mr. Schmidt, Teron must commence con- struction for all buildings as of June 17, 1985, therefore Teron would begin construction of all buildings. The Town Code requires substantial completion of building shall be within two years of issuance of the building permit, continued Mr. Schmidt, and we will begin by building the entire project in such a manner so as to complete and respect those ordinances. The parking levels run totally under the buildings and are hidden from street view underneath the colonnade. It's a two-story base starting on the South and ending on the North end. The upper part of the colon- nade is a pedestrian promenade that would be landscaped to screen it from AIA. Underneath the colonnade is a wall screening the indoor park- ing on both levels from view from AlA. The South easement is approximately 35' away from the edge of the build- ing, runs parallel and is adjacent to the Ambassadors South. The North easement at that end of the property is known as the Bel Lido Home Owners Association Easement that has a decorative wall with a locked gate. To use this easement, one must be a resident member of the Bel Lido Home Owners Association. The third easement on the site is a passage easement in the center of the property for the benefit of resi- dents of Bel Lido who have the right to use that easement to pass from AIA to the ocean. The center easement goes through the entry area of the development, underneath the building, necessitating an individual to use a set of steps to get to the top of the seawall and on to the dunes. People using this easement would be under the control and surveillance of the security outpost located in the center of the development, it was explained. Town Attorney Tom Sliney addressed the issue and mentioned information submitted by Mrs. Ann Roy maintaining her position on the center easement. Attorney Moss said the Roys filed a law suit on January 11, 1982, which was dismissed without prejudice. The court held that construction may commence and that easement is appropriate, Mr. Moss continued. Attorney Sliney said that Mrs. Roy wrote to the Town a number of years ago, and the Town took the position that the determination of easement is between the Roys, other affected Bel Lido Property Owners, and who- ever owns the property, and that the Town should not be involved. PLANNING BOARD Regular Meeting April 10. 1985 5 of 10 Mr. Taft Bradshaw, Landscape Architect, addressed the members saying the landscaping must fit into the community and blend into the character of the Town. Highland Beach has a natural character along AlA which is treated as a linear park. The area will be bermed up to the natural line, said Mr. Bradshaw, so we can sculpture the earth's surface and plant very heavy vegetation. The planting will be indigenous to the area and will tolerate the salt condition and be complimentary to the Town. Large clusters of seagrapes, neronias, sabal palms, etc., will be used as will large drifts of native ground covers. The buildings will be tucked behind a green foyer the whole length of the property. Mr. Bradshaw explained they have created a berm along ALA so one looks into vegetation that hides covered parking behind a private drive. A motorist driving through Town will be more conscious of the vegetation height rather than the architectural height. The vegetation will be as high and dense as possible with seagrapes being 18 to 20 feet high and planted in clumps at the front face of the property. Upon entering, the waterfall will be visible. The back portion of the property, said Mr. Bradshaw, is under state jurisdiction and based on state and federal requirements, we would like to supplement and re-establish the natural vegetation that exists on the dunes to create interesting character and protect the public beach and public lands. In a series of confined planters going horizontally across the face of the level, we will use plant materials that have a tendency to droop, drape and cascade over the edge, said Mr. Bradshaw. Around the pavillion area there will be a series of planted vegetation edges to create the upper garden. Terraces will have vegetation sur- rounding the edges to soften and accentuate the terrace and garden areas. Mr. Bradshaw said if permission is granted by the D. O. T. to the Town, planting will be done in the right-of-way to enhance the setback and scenic corridor. The meeting recessed at 12:15 P.M. for lunch. At 1:25 P.M. Chairman Saunders resumed the Regular Meeting. Mr. Blosser stated 120 units in the new proposal is 35% above the 1974 density and 57% above the current density of 66 units. He said the height of 156' (with garages) is troublesome when existing zoning is 501; or 60' where there is one floor of garage. PLANNING BOARD Regular Meeting April 10 1985 Page 6 of 10 Mr. Blosser asked the Building Official for comments regarding the lengths, widths, setbacks and the square footage of ground coverage on the 1981 project as compared to the new proposal. Building Official Sutherland said the height of 137' is 7' higher than the original court -decreed height and would be considered critical. He pointed to the proposed density of 120 units versus present density of 66 units. Having four buildings instead of the court-ordered two build- ings which give more setbacks. Mr. Sutherland continued that if the height could be brought down and that 20' between the two groups of two buildings eliminated, it would compact and take up less square footage and have less impact on the green area. Mr. Sutherland said it might be appropriate to determine if the original plan did indeed meet the court order in every way. The original plan mentioned two buildings and a one-story recreation building with no men- tion of two stories of garage under that building. Looking at the ori- ginal site plan indicates there wasn't anything supposed to be under the recreation building, he stated. Mr. Schmidt contended that the court order does not prevent two levels of parking under a one story recreation building. The court order speaks of height being 130' from the elevation from the highest point of AlA. And, the court order allows 156 units. Teron has bought and carried this property on the basis of 156 units. Mr. Schmidt said they could, with two missing state permits in hand, pay their application fees and build the original buildings. When asked the price range of the units, Mr. Schmidt replied that the final numbers have not been determined but they would be at the top range of prices in Highland Beach, $350,000 to $400,000. Mr. Blosser inquired if there were any other sets of plans that have been approved of which we know that went beyond the court settlement. Build- ing Official Sutherland said the whole court settlement was based on the one site plan --that one sheet. Teron then drew up plans. On the plans that Teron submitted, Mr. Sutherland said, there are no signatures of approval of any Planning Board members, nor can any approved plans be found in the Town's files. Mr. Schmidt contended that the court order does not require Planning Board approval --it required plans be drawn and submitted to the Building Official who had sixty days to review the plan and issue the building permit, he stated. PLANNING BOARD Regular Meeting April 10 1985 Page 7 of 10 Mrs. Rome disagreed, noting that the court order, in paragraph 5, reads that in order to assist the Town in reviewing building plans, Drexel shall comply with site plan review procedures of Ordinance 336 as well as the procedural requirements of the Town's Building Codes. Mrs. Rome said that would mean going through the regular Planning Board. The Town shall cause such plans to be properly and timely reviewed by the Build- ing Officials and the Town's Planning Commission. Attorney Moss advised building plans were submitted and approved. The plans Mr. Sutherland has were stamped approved, building permits were pulled and permit fees were paid, at one time --construction merely was discontinued for a while. Building Official Sutherland said there are no stamped plans on this site as far as he knew; they were only signed by the previous building official. Attorney Sliney explained the situation is confused by the fact that building permits were issued at one time. The Town was in dispute with the property owner at that time regarding the validity of those permits. The current position of the Town is that those building permits had ORexpired. Any plans, said Mr. Sliney, which may have been approved before should have gone to the Building Official, the Planning Commission and the Town Commission. Mr. Blosser said that we have not been able to find any record of plan approval being granted. If Teron has something the Town does not have, we are asking where it is, particularly regarding those two story gara- ges. Mr. Moss stated that the Town has possession of all the plans. Mr. Blosser declared that if the previous Building Official wrongfully issued those building permits, without sending the plans to the Planning Board as required, his action was null and void --his mistake is not per- petuated forever and ever as a legal matter. Mr. Moss stated that since a time extension cannot be granted beyond the June 17, 1985, deadline, construction must begin; it is necessary for Teron to request the Planning Board schedule a special meeting on the new proposal prior to the end of April so they can be heard at the Town Commission workshop Meeting in April, with final approval or disapproval being granted on May 8, 1985, at the Regular Meeting of the Planning Board. If Teron does not begin construction by June 17, 1985, said Mr. Moss, they lose what the court order provided for - density and whatever else. PLANNING BOARD Regular Meeting April 10 1985 Page 8 of 10 Chairman Saunders said that at this meeting, he would like to come to some conclusion which Architect Brown could re -draw; and, perhaps, the Planning Board can give it a final approval or disapproval at the next meeting. Vice Chairman Rome said she would like to see the 20' corridor made 40' wide on each side, and the center recreation area made smaller by 40'. Also, Mrs. Rome would like the smaller building pushed over towards the larger building to make one building to eliminate that 20' and have the 20' on each side (total of 40') added tothe recreation area. Architect Brown said they have tried to reduce the height as much as possible and maintain the open spaces between the buildings. By step- ping the roofs to provide extra amenity areas for residents, the pro- ject more than exceeds the amenity area calculations required in the new zoning code. The quality and design intentions of this new plan, continued Mr. Brown, far surpasses what was approved in the court ordered plan. The square footage for coverage, said Mr. Brown, as defined by the Town ordinances, of the footprint of the building is 35% and essentially identical to the site plan for the original proposal. Mr. Ward suggested, since all members appeared reluctant to approve the plan as presented or revised that the board might find acceptable the 1978 ordinance which would allow 90 units rather than 120, and the height of 110' instead of 137'. Chairman Saunders stated it would be unfair for the board to approve a density factor such as Teron is requesting, in view of the present zon- ing. It is necessary that we come to some compromise, continued Mr. Saunders. Attorney Moss said Teron feels it has compromised a lot to this point. All must realize the settlement stipulation was approved before the building plans, before there were any. The issue of the two-story park- ing structure is spelled out in 6A of the document approved by the court. If it needs clarification, said Mr. Moss, Peabody & Childs can resolve that, and the maximum height of 130' inclusive of a two-story parking structure is not an issue, and we'll work that out. The issue today whether there was some mistake by prior officials is being thrown at Teron at the last minute. PLANNING BOARD Regular Meeting April 10 1985 Page 9 of 10 Chairman Saunders stated it is the responsibility of the Planning Board to see to it that something of good character, good architecture is built on the site rather than the barricade fence that is there now. Let's see if we can, in all good faith, meet on April 24th, with some sort of a give-and-take compromise that the members would look upon quite favorably. Mr. Moss said applications were submitted to Mr. Sutherland, and when notified of the fees required, Teron will pull building permits. No further review process or approvals are necessary, continued Mr. Moss. we will then meet with the Planning Board on the 24th of April and work together on the proposed revised plan to see if we can work out that compromise. Mr. Blosser said any building permit issued should specify that construc- tion should be done in accordance with the approved court settlement plan of which there is a drawing which shows no garage between the two buildings. Mr. Sutherland said the main concern is proper procedure. If the Plan- ning Board signatures had been on there, would the Town take the posi- tion that permits were not legally issued? Teron's concern, continued Mr. Sutherland, is if the Town takes the posi- tion that the original permit was not legally granted, would it not honor that original granting of the permit. The Planning Board would not be looking at the plan as a new presentation if it wasn't for the fact that Teron had a legitimate and valid original plan. This is Mr. Moss' con- cern --if the Town questioning that Teron's original plan is valid? Mr. Moss said if Teron had not submitted the proposed revised plan, they would have gone through the normal process, in accordance with what the Town advised all along, submitting their application for building permits under the previously approved plan, paying the fees for the building permits and commencing construction by the settlement stipulation date. Mr. Blosser suggested Teron come back in two weeks with 89 units, as specified, with a height of 110', and the Planning Board can talk busi- ness with them; and that there should be no problems about the extent of the garage. Mr. Moss asked if there is any question by the Planning Board that Teron is not entitled to build under the previously approved court order. M PLANNING BOARD Regular Meeting 44 April 10 1985 Page 10 of 10 Mrs. Rome stated that she thought there was a question whether or not correct permissions were granted --whether all procedures went through the Planning Board --for the issuance of the original building permit. Attorney Sliney said the question is if they go to plan 1, are they in the automatic approval stage? The record does not show Planning Board approval prior to permit issuance in 1981, therefore plan 1 must be ap- proved by the Planning Board, if they decide to go that alternative. Attorney Moss said Teron will meet, the architects will get together to see if further compromise to the proposed revised site plan can be ac- complished. If that cannot be worked out, Teron intends to pull their building permits and begin construction of the previously approved court ordered settlement stipulation site plan by June 17, 1985. Mr. Blosser suggested Teron do their best with what they come in with as they still have to go before the Town Commission. A Special Meeting of the Planning Board to continue the discussion on Royal Highlands was scheduled for April 24, 1985, at 9:30 A.M. A MOTION by Mr. Blosser, seconded by Mrs. Rome, was made to adjourn the meeting. Chairman Saunders adjourned the Regular Attest. Date: 5/6/85 - amk at 3:15 P. , , "r D. R. Rome,"Vice Chairman . F. Blosse M. A. aldman A, , -47 ✓✓��-c�i Joyfi E. Ward