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HomeMy Public PortalAboutPRR 16-2378Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Wednesday, November 2, 2016 7:54 AM To: Bill Thrasher; Rita Taylor; Renee Basel;jrandolph@jonesfoster.com Subject: Public Record Request - open front lawn review of 2500 AAS Dear Custodian of Records, I request to inspect certain public records' in the custody of the Town of Gulf Stream" or in the custody of its agents or associated entities. While I am not statutorily obligated to explain why I want to inspect these records, I tell you my inspection of these records may be essential to my ability to make informed comments in an upcoming public hearing. The records I wish to inspect may also be material to current, anticipated or presently unforeseen legal action. The production of any and all responsive records is therefore urgent and must be acted upon in compliance with Florida Statutes and established case law as soon as possible. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to write you directly. Unfortunately I cannot find the records I wish to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. The public records I request to inspect may be in the custody of an entity currently or previously associated with, or under contract with, your agency. As a courtesy to you and that entity, and to assist in expediting my access to inspect records responsive to this request I am notifying this entity of this request by copy of this email. I am NOT requesting this entity produce responsive records directly to me. Rather I am alerting them to my request to you so that they may prepare to assist you, if they choose to, in producing responsive records. Do not assume my act of copying this entity with this request relieves you of any of your duties under Florida Statute. I ask that you contact this entity yourself in order to obtain all Public records responsive to this request if those records are not all in your custody. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. I ask that you take the following action: • Read this entire request carefully and respond accordingly. • If you are not the custodian of the public records described herein please determine who that person is and notify me immediately in order that I may make this request to the appropriate person without delay. • Reference Florida Statutes and appropriate case law when responding to this record request. • Do NOT produce any records other than records responsive to this request. • Identify by name the person or persons responding to this request if that person is not the Custodian of Records for your agency as required by 119.070 )(b). • Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. • Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s) or other parties. • Provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. • If records responsive to this request are not presently available but you expect that they will soon be available I request that you produce the records as soon as they are available. I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual and entity in possession of records that may be responsive to this public records request, including individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. If the public records being sought are maintained by your agency or contactors for your agency, in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. Again I ask that you provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its replacement provide the disposition record for my inspection. As background to this request I call your attention to Town Manager Thrasher's fax communication to Mr. Lou Roeder on Dec 18, 2012 regarding Mr. Roeder's inquiry about when landscape plantings must conform to the Town code to which Mr. Thrasher stated, "The requirement for any permit, triggers the need for conformity to the code(s)." I also call your attention to Town Ord. 15/4 regulating Open Front Lawns in Place Au Soleil. I request to inspect any public record* regarding commenting on, communicating about, considering, or reviewing the recent Applications for Development Approval of 2500 Avenue Au Soleil in regard to the proposed projects compliance with Town regulations which require 75% of all plants in the front of a home in Place Au Soleil not to exceed a mature height of three feet. I anticipate that responsive records may include but may not be limited to records submitted by the applicant, records created by Town staff, records created by appointed or elected officials, and/or records created by the Town Attorney. *The term public records, as used herein, has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. 91 **The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all entities of the Town including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Staff Attorney, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. If you do not understand any part of this request or if you need clarification about this request, notify me as soon as possible so I may further describe or clarify this request. Due to issues of delivery failure and occasional rejection by your server this email is being sent to multiple recipients to insure prompt delivery. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 3, 2016 Chris O'Hare [mail to: chrisoharegulfstreamaemail.com] Re: GS #2378 (open front lawn review of 2500 AAS) I request to inspect any public record* regarding commenting on, communicating about, considering, or reviewing the recent Applications for Development Approval of 2500 Avenue Au Soleil in regard to the proposed projects compliance with Town regulations which require 75% of all plants in the front of a home in Place Au Soleil not to exceed a mature height of three feet. I anticipate that responsive records may include but may not be limited to records submitted by the applicant, records created by Town staff, records created by appointed or elected officials, and/or records created by the Town Attorney. Dear Chris O'Hare [mail to: chrisohareeulfstreatnegmail.coml: The Town of Gulf Stream has received your public records requests dated November 2, 2016. The original public records request can be found at the following link: htty://www2.gulf-stream.org/weblink/O/doc/103418/Pa eg 1_aspxx Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. yS��incerely, ��� �""�� 1<"I RoaU" plv7�u. As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Marty Minor <MMinor@udkstudios.com> Sent: Monday, August 22, 2016 9:26 AM To: Bill Thrasher Cc: bryanisackson@gmail.com Subject: RE: Changes in highlights Bill, Good morning! I have received your email and attachments. Thank you. I will be reviewing these plans and visiting the site this week. I am also available to speak to the applicant or his agent. Thank you, marty Marty R.A. Minor, AICP ban MMinor@udkstudios.com 610 Clematis Street aruoios Suite CU02 West Palm Beach, FL 33401 P.561.366.1100 x.148 I F.561.366.1111 From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Saturday, August 20, 2016 7:29 AM To: Marty Minor<MMinor@udkstudios.com> Cc: bryanisackson@gmail.com Subject: Fw: Changes in highlights Good morning Marty, Attached are some drawings that I would like you to review and provide your professional observation. I believe that the proposed new garage becomes a dominant feature and has a three car garage feature facing the street. In addition, there is a golf cart garage door on the opposite side of the structure (three car garage). The applicant believes there is adequate screening of the three car garage and wants/needs the parking space. Please visit the site for a complete evaluation of this proposed feature. Also, if there is anything that you observe that is either discouraged or prohibited I want to know of them. Finally, the applicant wants to speak with you to express his view and opinion on the matter and I have agreed to allow for that. Thank you, Please acknowledge receipt of this email train with the attachment of the drawings. M From: Bryan Isackson <bryanisackson@gmail.com> Sent: Friday, August 19, 2016 2:55 PM To: Bill Thrasher Subject: Fwd: Changes in highlights Hi Bill, see attached as we discussed. Thank you for all your help and time today. Best regards, Bryan REAR VIEW .1.11 FRONT VIEW FACING STREET - ,- EASTVIEW - 11 t 0 oIl000� WESTVIEW FIRST FLOOR PLPR _ r fr cy 8 x SECOND FLOOR PIAN .a 17,576 5Q. FT. = LOT SIZE 4,6755Q. FT. TOTAL STRUCTURE (2.6.6%) Renee Basel From: Marty Minor <MMinor@udkstudios.com> Sent: Wednesday, August 31, 2016 4:31 PM To: Bill Thrasher Subject: RE: Changes in highlights I believe you can provided islands of landscaping (i.e. tree, shrubs, etc.) surrounded by lawn and still maintain the open front yard standard. Marty R.A. Minor, AICP urban MMinor@udkstudios.com 610 Clematis Street s rooiosJ Suite CU02 West Palm Beach, FL 33401 P.561.366.1100 x.148 [ F.561.366.1111 a..uvc„r f v % From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Wednesday, August 31, 2016 4:12 PM To: Marty Minor <MMinor@udkstudios.com> Cc: Rita Taylor <RTaylor@gulf-stream.org> Subject: RE: Changes in highlights Thanks Marty, Did you consider the new ordinance involving "open front yard" when recommending additional planting in the circular area at entrance. I am not sure that we can allow for that. Please review this section of the code and indicate if it is possible to landscape as you recommended. It may work, neither Rita or myself are sure. Thanks, OF From: Marty Minor [mailto:MMinor(@udkstudios.coml Sent: Wednesday, August 31, 2016 3:59 PM To: Bill Thrasher <bthrasher@gulf-stream.or¢> Subject: RE: Changes in highlights Bill, Good afternoon. As discussed, attached is my memorandum regarding 2500 Avenue Au Soleil. Please let me know if you have any questions or comments regarding this memo. Thank you and have a good day, marty Marty R.A. Minor, AICP LjrbM MMinor@udkstudios.com 610 Clematis Street itUDi03 Suite CU02 West Palm Beach, FL 33401 P.561.366.1100 x.148 I F.561.366.1111 o..wi.c.a f r % From: Bill Thrasher [mailto:bthrasher@eulf-stream.orel Sent: Saturday, August 20, 2016 7:29 AM To: Marty Minor <MMinor@udkstudios.com> Cc: bryanisackson@email.com Subject: Fw: Changes in highlights Good morning Marty, Attached are some drawings that I would like you to review and provide your professional observation. I believe that the proposed new garage becomes a dominant feature and has a three car garage feature facing the street. In addition, there is a golf cart garage door on the opposite side of the structure (three car garage). The applicant believes there is adequate screening of the three car garage and wants/needs the parking space. Please visit the site for a complete evaluation of this proposed feature. Also, if there is anything that you observe that is either discouraged or prohibited I want to know of them. Finally, the applicant wants to speak with you to express his view and opinion on the matter and I have agreed to allow for that. Thank you, Please acknowledge receipt of this email train with the attachment of the drawings. M From: Bryan Isackson <bryanisackson@smail.com> Sent: Friday, August 19, 2016 2:55 PM To: Bill Thrasher Subject: Fwd: Changes in highlights Hi Bill, see attached as we discussed. Thank you for all your help and time today. Best regards, Bryan MEMORANDUM TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: August 31, 2016 RE: 2500 AVENUE AU SOLEIL GARAGE DOORS FACING STREET VIEW STUDIOS Urban Planning and Design Landscape Architecture Communication Graphics At your request, I have reviewed the provided plans and building elevations for the proposed renovation and expansion of the existing single family home at 2500 Avenue Au Soleil within the Place Au Soleil neighborhood. In addition, I conducted a site visit to the home. Specifically, questions have been raised whether the proposed three -car garage and golf cart garage were facing the street and whether the garages "dominate the front elevation,"- both conditions which are prohibited by the Gulf Stream Design Manual. Both conditions are discussed below: Garages facing street Section 78-105. Garages and accessory buildings. of the Gulf Stream Design Manual lists for the following prohibited standard: "Three -car garages facing the street are prohibited in all districts except Beachfront and Ocean West." This standard applies as the subject lot is located within the Place Au Soleil zoning district. The lot at 2500 Avenue Au Soleil is a pie -shaped lot of approximately 0.40 acres in size located between Avenue Au Soleil and the southernmost canal within Place Au Soleil. The lot's frontage along Avenue Au Soleil is more than twice the length as the lot's rear boundary with the canal. This lot configuration affects the ultimate layout of the house and its relationship with the adjacent street. The proposed renovated home features an L-shaped building layout. As a result, the proposed three -car garage has been placed at an approximately 45 degree angle to the Avenue Au Soleil street frontage. The proposed golf cart garage is located approximately 40 degree angle to the adjacent street frontage. Several homes within Place Au Soleil feature three -car garages, which are located at angles to the adjacent street frontage. The proposed house on 2500 Avenue Au Soleil is consistent with these other homes and is consistent with this code provision of not facing the street. 610 Clematis Street Suite CU02 West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.udkstudios.com LCC000035 Garages dominate the front elevation Section 78-105. Garages and accessory buildings. of the Gulf Stream Design Manual lists for the following prohibited standard: "Garage doors that dominate the front elevation." As discussed above, the proposed L-shaped building has created a front elevation of the building which are placed at an angle to the street front. A review of the architectural plans indicate that the proposed garage doors is approximately 34% of the total linear length of the home's southern elevation. Based on these two factors, it can be determined that the garage doors do not dominate the front elevation of proposed home. Recommendation Based on the review of the provided development plans, review of the Town's Code of Ordinances and a site visit, I can recommend that the proposed home do not meet the prohibited standards outlined above. It is also recommended that sufficient landscaping be provided, particularly within the lot's circular driveway island, to additionally buffer possible views of the proposed garage doors. Renee Basel From: Marty Minor <MMinor@udkstudios.com> Sent: Monday, November 7, 2016 4:00 PM To: Bill Thrasher Cc: Rita Taylor Subject: 2500 Avenue Au Soleil review - clarification Attachments: 2500 Avenue Au Soleil memorandum 2 110716.pdf, 2500 Avenue Au Soleil memorandum 083116.pdf Bill, At your request, I have provided a memorandum clarifying my landscaping recommendation for 2500 Avenue Au Soleil. Please let me know if you have any questions or need any additional information. Thank you, marty Marty R.A. Minor, AICP Urtan MMinor@udkstudios.com Q��/y��J� 610 Clematis Street aruo—osJ Suite CU02 West Palm Beach, FL 33401 P.561.366.1100 x.148 I F.561.366.1111 1 MEMORANDUM TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: November 7, 2016 RE: 2500 AVENUE AU SOLEIL - OPEN FRONT LAWN STUDIOS Urban Planning and Design Landscape Architecture Communication Graphics At your request, I am providing this memorandum to further clarify my review and recommendation regarding the proposed home at 2500 Avenue Au Soleil, as described in my August 31, 2016 memorandum (attached). In the referenced memorandum, I reviewed the proposed renovation and expansion of the home and whether it triggered any prohibited standards from the Town's Design Manual. In the memorandum's recommendation, I wrote, "It is also recommended that sufficient landscaping be provided, particularly within the lot's circular driveway island, to additionally buffer possible views of the proposed garage doors." This recommendation is consistent with the "open front lawn" requirement for homes within the Town's Place Au Soliel District. An open front lawn is defined in the Town's Code as "an unobstructed view vista of the front lawn of at least 75 percent of the front property line without landscape planting exceeding a mature height of three feet. The landscaped vista view plantings over three feet shall be no more than 25 percent of the front property line." As such, the recommended landscaping can effectively help screen the proposed garages while adhering to the open front lawn standard. In order to meet this landscaping standard, a maximum of 25% of the front property line may have landscaping more than three (3) feet in height. This landscaping, if properly located, can assist in the screening of new garages. Landscaping such as sod, groundcovers, small shrubs and other landscaping less than three feet in height may be used throughout the lot frontage and still meet the open front lawn standard. Should you have any questions regarding this memorandum, please feel free to contact me at any time. 610 Clematis Street Suite CU02 West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.udkstudlos.com LCC000035