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PRR 17-2604
Renee Basel From:Jonathan O'Boyle <jonathanroboyle@gmail.com> Sent:Thursday, November 16, 2017 12:03 PM To:Trey Nazzaro; Rita Taylor; Renee Basel; Jonathan O'Boyle; Jonathan O'Boyle Subject:Public Records Request Attachments:Stop Dirty Government Records Request 11.16.17.docx; Request Exhibits.pdf; Landscape Correspondence Ganger.pdf Dear Records Custodian, on behalf of Stopdirtygovernment, LLC, I submit the attached public records requests for production ASAP. Enclosed are instructions for the Request and copies of public records of the Town of Gulf Stream which we would like to receive certified copies. I will note, that the attachment containing exhibits are merely demonstrative and for the Town's assistance in identifying the public records requested. As for Exhibit 25, that original public record is in the Ganger Transfer file on the Town's website under the document that I believe is entitled Development Correspondence O'Boyle. I will also note that the requests for electronic records should be readily available since we are asking for copies of requests already transmitted to other requestors (with the exception of the fourth request). The requests are not aggregated and we would like production as soon as the records can be produced since time is at-issue. We do not desire to have the Town complete the entire request first and then transmit everything at once. As for Payment, I will send a courier to the Town to submit payment for the certified copies and any other lawful fees. The Courier will contact the Town later today to touch base and work out the details. Thank you ever so kindly for your prompt attention. If you have any questions please email me back at this address -- Jonathan O’Boyle, Esq., LLM. The O’Boyle Law Firm, P.C. www.oboylelawfirm.com joboyle@oboylelawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 1 Tel: 814-535-5175 Fax: 215-893-3641 New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. 2 StopDirtyGovernment, LLC - Public Records Request 11.16.17 for Litigation Resuming on Monday, November 20, 2017. 1.Certified Copies of the Town’s public records reflected in Exhibits 18-23, 25 – that were th admitted into evidence in case 2014CA003721 in the 15 Judicial Circuit styled Stopdirtygovernment, LLC v. Town of Gulf Stream. (Attached Hereto). Specifically for Exhibit 25, we would like a certified color 1 copy that duplicates the document as shown on the Town’s website. 2.Certified copy of an April 23, 2013, letter and enclosures sent by Mr. Thrasher to Ms. Brown with a carbon copy to Mr. Ganger entitled “Re: Landcape Plan for 1465 North Ocean Blvd.” That document is most likely found in the building development file for 1465 North Ocean Blvd. (A copy is attached hereto). 3.A certified copy of Freda Defosse’s resignation letter to the Town of Gulf Stream. 4.Electronic copies of Freda Defosse’s time sheets and/or public records reflecting the amount of time Ms. Defosse worked for the Months of January and February 2014. 5.Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 \[particularly from Ashlee Richman\]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request \[tip: March 12, 2014 is believed to be the date of transmission\]. 6.Electronic Copies of the request and response to Request 749 which was sent on March 28, 2014. 7.Certified Copies of a Request and Response 1671 made by Asset Enhancement, Inc. in December of 2014 which regarded Sweetapple’s November Billing Records. In addition to certified copies of redacted billings, it is also requested that a certified copy of the unredacted billings be provided as well. 1 The Highlighted requests are very time sensitive and are needed immediately. In addition, if electronic copies of records are sought, please email them to records@commerce-group.com; joboyle@oboylelawfirm.com; wring@oboylelawfirm.com; and moboyle@commerce-group.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 16, 2017 Jonathan O’Boyle [e-mail to: jonathanroboyle@gmail.com] Re: GS #2604 (Public Records Request for Litigation Resuming on Monday, November 20, 2017 (5)) 5. Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 [particularly from Ashlee Richman]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request [tip: March 12, 2014 is believed to be the date of transmission]. Dear Jonathan O’Boyle [e-mail to: jonathanroboyle@gmail.com] The Town of Gulf Stream has received your public records request dated November 16, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/113870/Page1.aspx 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. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, December 8, 2017 3:44 PM To:Jonathan O'Boyle Cc:Renee Basel; Trey Nazzaro; Macfarlane, Mary Subject:Gulf Stream PRR GS 2604 Attachments:1KS9911-oboyle re prr 434.pdf; 20140325134015173.pdf Dear Jonathan – Please allow this and my subsequent emails to respond to your Public Records Request to the Town of Gulf Stream that seeks the following: Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 \[particularly from Ashlee Richman\]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request \[tip: March 12, 2014 is believed to be the date of transmission\]. Attached to this email are electronic copies of (1) Request 587 and (2) the Town’s initial, 2/3/14 response to that request. (if you seek the cover email that accompanied that 2/3/14 response, please advise). Additional records will follow by subsequent email. Regards, Joane Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 i pa TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 3, 2014 Martin E. O'Boyle [FAX: 954-360-0807] Re: Public Records Request #434 — Scott Morgan Communications Provide a copy of all communications and Public Records (as defined in FS Chapter 119) sent by or received by Scott Morgan of the Architectural Review and Planning Board of the Town of Gulf Stream for the period beginning January 1, 2012 through the date of this Request. The above request shall include Text Messages and E -Mails from private accounts. Dear Mr. O'Boyle, This letter is in response to the public records you have requested in your email dated January 24, 2014, that we acknowledged January 24, 2014. There are 5, 8%2 x 11, one-sided documents that are included with this fax cover page. Sincerely, Town Clerk Custodian of the Records The Town's acknowledgement of the above Public Records Request dated January 24 2014 is reproduced in the space below: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 24, 2014 Martin E. O'Boyle [records@commerce-group.com Re: Public Records Request #434 — Scott Morgan Communications Provide a copy of all communications and Public Records (as defined in FS Chapter 119) sent by or received by Scott Morgan of the Architectural Review and Planning Board of the Town of Gulf Stream for the period beginning January 1, 2012 through the date of this Request. The above request shall include Text Messages and E -Mails from private accounts. Dear Mr. O'Boyle [records@commerce-group.com, The Town of Gulf Stream has received your public records request dated January 24, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Town of Gulf Stream attn. William Thrasher 100 Sea Rd. Gulf Stream, FL 33483 Dear Bill: RECEIVED SCOTT W. MORGAN DEC 16 -21013 1140 N. Ocean Blvd (OM Of GulfstreamF► Gulf Stream, FL 33483 Ph (561) 243-1432 December 13, 2013 Re: Request for Input on Design Manual Changes In response to your request for input on the Design Manual, I read over the Code and, frankly, believe it to be a well written and comprehensive document that has served the Town well for many years. It gives specific guidance to architects, contractors and residents on acceptable design. I would hope a decision is made to keep the existing Manual and modify it only as needed. In particular, I believe that changing the Design Manual to eliminate the specific, itemized Requirements/Prohibitions and instead adding broad, discretion based rules would be a mistake; such rules do not give sufficient guidance and they also open up the Town to allegations of abuse of discretion. That much being said, I suggest consideration be given to modifying the following sections: Article VII, Division 2, Spanish Mediterranean Revival Style Sec. 70-218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside " that follows solar panels Article VII, Division 3, Gulf Stream Bermuda Stvle Sec. 70-238 Roofs -(a) Required After the phrase: slate -like tile, Add "or other dark color tile." -(d) Prohibited Add the word "metal" Add "solar panels" Very truly yours, 1 ott W. org V FACSIMILE TRANSMITTAL SHEET SCOTT W. MONGAN 1140 N. Ocean Blvd GULF STRE",, FL 33483 PIS (561)-7S24936 FAX (801)-760-2'777 Date: 7-23-13 To: Town of Gulf Stream Fax: 561-737-0188 From: Scott W. Morgan Re: ,Application for Level 3 approval of Lot 5- Hidden Harbour Estates Number of pages: 3 Memo; Please fired attached my letter in opposition to this application. Would you please make copies of the letter for distribution to tate members of the ARPB? SCOTT W..2 ORGAN 1140 N. Ocean Blvd YuY!- ream, FL 33483 Ph (561) 243-.1432 July 23, 2013 To: Town of Gulf Stream Architectural .review and :Planning Board Re: Hidden Harbour Estates Lot 5 1224 N. Ocean Blvd. Dear Board Members: Please note my objection to this application for Level 3 Architectural/Site Flan Review of 8,726 sf Colonial West Indies single family dwelling. Sec, 66-144 (b)(!0)09 The proposed architectural design of this hone violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures_ The latter composition gives an appearance more of the wings of an aircraft than of an ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale_ The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2. Sec. 70-4 (c)(4) and Sec. 70-29 (b)(3) This long, narrow and drawn out house design also conflicts with the Code's prohibition against excessive similarity to neighboring homes, which by definition then conflicts with the Code's prohibition against applications that "do not maintain the desired character or duality of the zoning district within which they are located ...."(Art. 'I, Sec. 70-4 (c )(4)). The Ocean West District is characterized by "bits that are set back great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district." (Art. II, Sec. 70-29 (b)(3)}. The homes of this District have a unique, separate character that helps define the Town of Gulf Stream. The similarity of lots inside Hidden Harbour Estates—all of which are rectangular, long East to West, and narrow, and which lay next to each other life two rows of domino tiles --has from its conception risked the potential of turning into a gated- community sub -division, typical of large home neighborhoods in Boca Raton and West Delray Beach. The previous three Hidden Harbour Estates homes approved by the ARPB were all corner lots and so Were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular design. In order to preserve the integrity of the Ocean West District character, and to prevent an over -crowding of similar homes inside Hidden. )Harbour Estates, I ask that the Level 3 Architectural/Site Plan Review of Lot 5 be denied, and request that the applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, ott W Marga Bill Thrasher From: Bill Thrasher Sent: Friday, January 24, 2014 5:36 PM To: 'records@commerce-group.com' Subject: Public Records Request #434 — Scott Morgan Communications Attachments: Public Records Request #434 — Scott Morgan Communications_intake.pdf Transmission Report Date/Time 02-03-2014 03:17:11 p.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Confirmed (reduced sample and details below) Document size : 8.5"x11 " TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 3, 2014 Martin E. O'Boyle [FAX: 954-360-0807] Re: Public Records Request #434 — Scott TUorgan Communications Provide a copy grall communications and public Records (as defined in FS Chapter 119) sent by or received by Scott Morgan ofthe Arehitectural Review and Plann ing Board of the Town of GstfSt4reawfor the period beginningJanva y 1, 2012 through the date oflhlsRequest. The above request shall include Text Messages andE-Mails from privote accounts. Dear Mr. O'Boyle, This letter is in response to the public records you have requested in your email dated January 24, 2014, that we acknowledged January 24, 2014. There are 5, B%2 x 11, one-sided documents that are included with this fax cover page, Sincerely, Town Clerk Custodian of the Records Total Pages Scanned : 8 Total Pages Confirmed : 8 No. Job RemateStation StartTimeDuration Pages Line Mode Job Type Results 001 443 19543600807 03:14:50 p.m.02-03-2014 00:01:46 8/8 1 EC HS CP24000 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fail G3: Group WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct 5617370188 Fax 03:15.28 p.m. 02-03-2014 118 TowN of GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via &4a" February 3, 2014 Martin E. O'Boyle [FAX: 954-360-0807] Re: Public Records Request #434 — Scott Morgan Communications Provide a copy of all commtmications and Public Records (as defuned in F'S Chapter 119) sent by or received by Scott Morgan of the Architectural Review and Planning Board of ti►e Town of Gulf Stream for the period beginning January 1, 2012 through the date of this Request. The above request shall include Text Messages and E Mails from private accounts. Dear Mr. O'Boyle, This letter is in response to the public records you have requested in your email dated January 24, 2014, that we acknowledged January 24, 2014. There are 5, 8'l2 x 11, one-sided documents that are included with this fax cover page. Sincerely, Town Clerk Custodian of the Records 5617370188 Fax 03:16:07 p.m. 02-03-2014 418 6> -RECEIVED -1 SCOTT W. MORGAN DEC 16 2013 1144 N. Ocean Blvd Town of Gulfstream, FL Gulf Stream, FL 33483 Ph (561) 243-1432 December 13, 2013 Town of Gulf Stream attn. William Thrasher 100 Sea Rd. Gulf Stream, FL 33483 Re: Request for Input on Design Manual Changes Dear Bill: In response to your request for input on the Design Manual, I read over the Code and, frankly, believe it to be a well written and comprehensive document that has served the Town well for many years. It gives specific guidance to architects, contractors and residents on acceptable design. I would hope a decision is made to keep the existing Manual and modify it only as needed. In particular, I believe that changing the Design Manual to eliminate the specific, itemized RequirementslProhibitions and instead adding broad, discretion based rules would be a mistake; such rules do not give sufficient . guidance and they also open up the Town to allegations of abuse of discretion. That much being said, I suggest consideration be given to modifying the following sections: Article VII, Division 2. Spanish Mediterranean Revival Style Sec. 70-218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside " that follows solar panels Article VII, Division 3, Gulf Stream Bermuda Style Sec. 70-238 Roofs -(a) Required After the phrase: slate -like tile, Add "or other dark color tile." 5617570188 Fax 03:16:23 p.m. 02-03-2014 5/8 -(d) Prohibited Add the word "metal" Add "solarpanew, Very truly yours, jOtt�%Y� W. rg q 5617370188 Fax 03:16:27 pm. 02-03-2014 FA,CSIMII.E TRANSiV MAL STIRET SCOTT W. MORGAN 1140 N. Oaean .81vd GULFSTRE",, FL 33483 PH (36f)-75,21936 FAX (807)-750-2777 Date: 7-23-13 To: Town of Gulf Stream Fax: 561-737-0188 From: Scott W, Morgan Re: Application for Level 3 approval of Lot 5- Hidden Harbour Estates Number of pages: 3 Memo: Please find attached my letter in opposition to this application. Would you please make copies of the letter for distribution to the members ofthe.ARPH? 6!8 . 4 5617370188 Fax 03:16:38 p.m. 02-03-2014 718 SCOTT W. MORGAN 1140 N. Ocean Blvd GalfS&eany .FL 33483 Ph (S61) 243-1432 July 23, 2013 To. Town of Gulf Stream Architectural Review and Planning Hoard Re: Hidden Harbour Estates Loi S 1224 N. Ocean Blvd. Dear Board Members: Please note my objection to this application for Level 3 Architectural/Site Plan Review of a 8,726 sf Colonial West Indies single family dwelling. Sec, 66-144 (b)(100 The proposed architectural design ofthis home violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures. The latter composition gives an appearance more of the wings of an aircraft than ofan Ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale. The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2. Sec. 70-4 (c)(4) and Sec. 70-29 (6)(9) This long, narrow and drawn out house design also conflicts with the Code's probibition against excessive similarity to neighboring homes, which by definition then conflicts with the Codc's prohibition against applications that "do not maintain the desired character or quality of the zoning district within which they are located... ."(Art. 1, Sec. 70-4 (c )(4)). The Ocean West District is characterized by "lots that are set back great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district" (Art. U, Seo. 70-29 (b)(3)). The homes ofthis District have a. unique, separate character that helps define the Town of Gulf Stream. The similarity of lots inside Midden Harbour Estates—all of which are rectangular, long East to West, and narrow, and which lay next to each other like two rows of domino tiles—has from its conception risked the potential of turning into a gated- r 5617370188 Fax 03:16:58 p.m. 02-03-2014 818 community sub -division, typical of large home neighborhoods in Boca Paton and West Delmy Beach. The previous three Hidden Harbour Estates homes approved by the ARPB were all Corner lots and so were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular design. In order to preserve the integrity of the Ocean West Aistriat character, and to prevent an over -crowding of similar homes inside Hidden Harbour Estates, I ask that the Level 3 Architectural/Site Plan Review ofLot 5 be denied, and request that the applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, " ott W Morga Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, December 8, 2017 4:00 PM To:Jonathan O'Boyle Cc:Renee Basel; Trey Nazzaro; Macfarlane, Mary Subject:Gulf Stream PRR GS 2604 Dear Jonathan – Please allow this email to respond in part to your Public Records Request to the Town of Gulf Stream that seeks the following: Electronic Copies of: (1) Town of Gulf Stream Request 587; (2) the initial response given to Request 587 on or about 2/3/2014; (3) any communication from Jones Foster to the O’Boyle Law Firm regarding Request 587 between March 1, 2014 and March 25, 2014 \[particularly from Ashlee Richman\]; (4) the cover page and public records transmitted to the O’Boyle Law Firm in March 2014 by Jones Foster in response to Request 587 and/or because of the litigation initiated pursuant to this request \[tip: March 12, 2014 is believed to be the date of transmission\]. Below is a sharefile link to electronic copies of public records transmitted to the O’Boyle Law Firm on March 12, 2014 in response to Request 587. Those public records were hand delivered and not accompanied by a cover letter. Their receipt was acknowledged by Attorney Mesa as reflected in the emails that will be produced in response to part (3) of your request. https://jones-foster.sharefile.com/d-s3bde9f85df947c38 Regards, Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 FACSIMILE TRANSMITTAL SHEET SCOTT W. MORGAN .1140 N. Ocean P.Ivd GULFSTREAM, FL 33483 PH (S61)-752.1, 936 FAX (801)-760-2777 Date: 7-23-13 '.><'o: Town of Gulf Stream Fax: 561-737-0188 From: Scott W. Morgan Re: Application for revel 3 approval of Lot 5- Hidden Harbour Estates Number of pages: 3 Memo: Please find attached ;my letter in opposition to this application. Would you please make copies of the letter for distribution to the members of the A PB? SCOTT W. MORGAN 1140 N Ocean Blvd Gulf Stre=4 FL 33483 Ph (561) 243-1432 July 23, 2013 To: Town of Gulf Stream Architectural Review and Planning Board Re: Hidden Harbovr :Estates Lot 3 1224 N. Ocean Blvd. Dear Board Members: Please note my objection to this application for Level 3 Acchitectural/Site Plan Review of a 8,726 sf Colonial West Indies single family dwelling. Sec. 66-144 (b)(10){1) The proposed architectural design of this home violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures. The latter composition gives an appearance more of the wings of an aircraft than of an Ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale. The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2. Sec. 70-4 (c)(4) and Sec. 70-29 (b)(3) This long, narrow and drawn out house design also conflicts with the Code's prohibition against excessive similarity to neighboring homes, which by definition then conflicts with the Code's prohibition against applications that "do not maintain the desired character or quality of the zoning district within which they are located, _.."(Art. L Sec. 70-4 (c )(4)). The Ocean West District is characterized by "lots that are set back great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district." (Art, II, Sec. 70-29 (b)(3)),, The homes of this District have a unique, separate character that helps define the Town of Gulf Stream. The similarity of lots inside Midden Harbour Estates—all of which are rectangular, long East to West, and narrow, and which lay next to each other like two rows of domino tiles—has from its conception risked the potential of turning into a gated- community sub -division, typical of large home neighborhoods in Boca Raton and West Delray Beach,. The previous three Hidden Harbour Estates homes approved by the ARPB were all corner lots and so were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular design. b order to preserve the integrity of the Ocean West District character, and to prevent an over -crowding of similar homes inside hidden Barbour Estates, I ask that the Level 3 Axchitectural/Site Plan Review of Lot 5 be denied, and request that the applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, ott W Morga CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley January 19. 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JANUARY 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing 12-22-11. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. February 23, 2012 @ 8:30 A.M. b. March 22, 2012 @ 8:30 A.M. C. April 26, 2012 @ 8:30 A.M. d. May 24, 2012 @ 8:30 A.M. e. June 28, 2012 @ 8:30 A.M. f. July 26, 2012 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Bridges Marsh & Associates, as Agent for Mr. & Mrs. Curtiss Roach, the owners of property located at 3560 Gulf Stream Road, Gulf Stream, Florida, 33483, which is legally described as Lot 3, Block 2, Polo Fields. a. SPECIAL EXCEPTIONS to permit two, one-story additions to the existing one-story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the same dwelling that would encroach 2.8 feet into the south side setback. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of three one-story additions, 809 square feet, to the existing one-story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. VII. Items Related to Previous Approvals. A. Revision of an approved renovation at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis to permit the elimination of a 2 -story garage with storage/guest room and the addition of a second story above the existing garage for storage/guest room. AGENDA CONTINUED VIII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-238, Roofs 2. Section 70-100, Roof & Eave Heights 3. Section 70-51, Minor Accessory Structures 4. Section 66-367, Swimming Pools 5. Section 66-369, Docks 6. Section 66-1, Definitions 7. Section 70-71, Floor Area Ratio 8. Section 70-68, Lot Size & Dimensional Requirements 9. Section 70-4, How To Use This Manual IX. Items by Board Members. X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, DECEMBER 22, 2011 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:30 A. M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the Meeting to order at Robert W. Ganger Scott Morgan Thomas Smith Malcolm Murphy Thomas M. Stanley Amanda Jones Paul Lyons, Jr. William H. Thrasher Rita L. Taylor John Randolph Hassan Tajalli of Ames Architectural Design William Allis Tom Laudani of Seaside Builders Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Alternate Member Alternate Member Board Member Town Manager Town Clerk Town Attorney Agent for McCrady 3883 Bermuda Lane 46 Agent for Arscott & Harbor View Estates Town Consultant III. Minutes of the Regular Meeting and Public Hearing of 11-17-11. Mr. Smith moved and Vice -Chairman Morgan seconded to approve the Minutes of the Regular Meeting and Public Hearing of November 17, 2011. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the Agenda. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. January 26, 2012 @ 8:30 A.M. b. February 23, 2012 @ 8:30 A.M. C. March 22, 2012 @ 8:30 A.M. d. April 26, 2012 @ 8:30 A.M. e. May 24, 2012 @ 8:30 A.M. f. June 28, 2012 @ 8:30 A.M. There were no conflicts with meeting schedule. Chairman Ganger asked Clerk Taylor if any applications have been submitted for the January 26th Public Hearing. Clerk Taylor said there were no applications at this time. Chairman Ganger announced that he would request declarations of ex -parte communication prior to each matter for public hearing. He asked if Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 2 there has been ex -parte communication concerning the application by Hassan Tajalli for Mr. and Mrs. McCrady. Chairman Ganger stated that he only drove by the property. There were no additional declarations of ex -parte communication. Clerk Taylor administered the Oath to Hassan Tajalli, William Allis, Tom Laudani and Marty Minor. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Caroline Rudolf or Hassan Tajalli as agent for Mr.& Mrs. William McCrady, owners of the property located at 3883 Bermuda Lane, Apt. 8, Gulf Stream, Florida, which is legally described as Bermuda Club of Gulf Stream Condo 48, to consider the following: a. VARIANCE to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet (3') into the required fifteen foot (15') setback. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of aluminum emergency stairs attached to the south end of the existing building which would encroach approximately 3' into the required setback. Mr. Tajalli introduced himself and stated that he represents Mr. and Mrs. McCrady in this matter. He said the McCradys feel that, in the event of an emergency, they may not be able to safely exit their unit and are requesting a variance to add outside emergency stairs to be bolted to the south end of the existing building. Mr. Tajalli said the emergency stairs will be accessed from their master bedroom through a window which will be converted to a swing -out, lockable door and will match the main entry door. Mr. Tajalli stated that a neighbor reviewed the initial drawings which indicated a protrusion of almost 4' past the edge of the building and he was concerned that the protrusion would impact his privacy and property value. He explained that there was enough space to push the stairs back so that they now clear the corner of the building and the only extension is to the south, which is heavily vegetated and has the least amount of traffic. Mr. Tajalli said the stairs will not be obtrusive to the landscaping; however, they may have to cut out a portion of the sodded area and replace it with concrete pads in order to bolt down the stairs. Mr. Smith asked about the existing storage units. Mr. Tajalli said the shed area will be removed and totally eliminated. Chairman Ganger asked about the construction timeframe, including the construction to convert the window to a door. Mr. Tajalli said it would be about two days. Mr. Tajalli asked that the Board consider the age and health of the occupants and explained that Mrs. McCrady has health issues, she recently had hip surgery and she suffers from anxiety. Vice -Chairman Morgan said this is a variance to the Code and in order to qualify for a variance the applicant must meet all eight (8) hardships. He said the Town Manager Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 3 believes this application does not appear to comply with five (5) code sections. Vice -Chairman Morgan said he believes there are three (3) sections that are not proven and that there is nothing unique or different from others where they are suffering some sort of disadvantage by the original design of the building. Mr. Randolph said that hardship runs with the land and not the individual. Chairman Ganger asked Clerk Taylor if there were any comments from neighbors. Clerk Taylor said that Mr. Allis, who is present at this hearing, stopped by Town Hall to review the drawings and had some objections. Chairman Ganger asked Mr. Tajalli if he thought others in the building would come forward with the same request if this were approved and Mr. Tajalli said it is possible. Mr. Smith asked if the Condo Association had addressed this matter. Mr. Tajalli said Mrs. McCrady gave him a letter of authorization from the Association. Mr. Stanley said if the Town approves this application the Condo Association still has the right to reject it. He asked Mr. Tajalli if they discussed moving the stairs. Mr. Tajalli said they want them in the proposed location because the only window is in the master bedroom. Chairman Ganger asked how they would currently exit their unit in an emergency. Mr. Tajalli explained that the only door exits from the kitchen area onto a catwalk and then down a stair case to the sidewalk. Mr. William Allis introduced himself saying he resides in Unit 46 which is just below the McCradys in Unit 48. He said he just learned of this construction a week ago and it was unacceptable as it was first presented because he felt it would intrude on his privacy and lower his property value. Mr. Allis also stated that he is on the Association Board and he said it was mentioned that this is what the McCradys were asking for, but the Board has not specifically voted on this. He said his concerns have been resolved and he no longer objects, but he was looking for information because he believes there is a pipe in that location which cannot be found. Chairman Ganger asked Clerk Taylor if there was a survey issue and Clerk Taylor said she asked the architect for a new survey and they had one done just for that corner. Mr. Thrasher stated that his report stands as submitted and that his recommendation is for the Board to recommend denial of the request for a variance in that a hardship has not been proven on items 1, 2, 4, 7 & 8. Mr. Smith moved and Vice -Chairman Morgan seconded to recommend denial of a variance to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet into the required fifteen foot setback based on the finding that required variance standards 1, 2, 4, 7, and 8 are not met. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Mr. Smith moved and Vice -Chairman Morgan seconded to recommend denial of a Level III Architectural/Site Plan to permit the addition of aluminum emergency stairs attached to the south end of the existing building which will encroach approximately 3' into the required setback based on the finding that the required variance standards 1, 3, 4, 7 and 8 are not Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 4 met. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice - Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Clerk Taylor stated that the Town Commission will hear this application at their Regular Meeting and Public Hearing which is scheduled for Friday, January 13, 2012 at 9:00 A.M. 2. An application submitted by Seaside Builders, Tom Laudani, as agent for John Arscott, owner of property located at 582 Palm Way, Gulf Stream, Florida, legally described as Lots 24 and 23A Polo Cove Subdivision, Gulf Stream, Florida. a. SIGN REVIEW to permit installation of a contractors sign, Seaside Builders, at the above address that shall not exceed 2 square feet in size and be white background with black lettering. Chairman Ganger asked for declaration of ex -parte communication. There were no declarations. Tom Laudani of Seaside Builders introduced himself and explained that he is requesting a standard contractors sign at 582 Palm Way which will be 2 SF in size and will conform to Town Code. Vice -Chairman Morgan moved and Mr. Murphy seconded to approve a sign permit for erection of a contractors sign based on a finding that the proposed sign meets the requirements of Code Section 66-447, subject to a maximum height of 4' and maximum 2 SF sign size. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. 3. An application submitted by Seaside Builders, Tom Laudani, as agent for Harbor View Estates, owner of property located at 1220 North Ocean Blvd., Gulf Stream, Florida, legally described as Lots 4, 5 & N. 96' of 6, Golf Course Addition, Gulf Stream, Florida a. SIGN REVIEW to permit installation of a contractors sign, Seaside Builders, at the above address that shall not exceed 2 square feet in size and be white background with black lettering. Chairman Ganger asked for declaration of ex -parte communication. There were no declarations. Mr. Laudani explained that he is requesting a standard contractors sign at 1220 N. Ocean Blvd. which will be 2 SF in size and will conform to Town Code. Vice -Chairman Morgan asked if there is any construction going on at this point. Mr. Laudani said the gates are up, they are working to stabilize the site and the property has been seeded. He said road construction is expected to begin within the next six weeks. Mr. Laudani said the sign will identify the site and will indicate Seaside as the exclusive builder. He said the sign will remain through the completion of construction, including the construction of homes. Mr. Laudani said realtors will have individual signs which will be separate from the contractors sign. Vice -Chairman Morgan commented that several vehicles have been parked there. Mr. Laudani said he was aware of that, but they are not associated with Seaside Builders. He said no work vehicles will be Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 5 parked there until such time as the hammerhead construction begins. Chairman Ganger asked Clerk Taylor if the Town has received the drawings and architectural history which was previously requested by the ARPB. Clerk Taylor confirmed that it has been received. Mr. Thrasher asked Mr. Laudani if they will be doing any irrigation. Mr. Laudani said he realizes there have been complaints about the dusty conditions due to the seed being folded into the top soil and he assured the Board that watering would begin no later than Tuesday, December 27th. Mr. Thrasher said sooner would be best. Vice -Chairman Morgan moved and Mr. Murphy seconded to approve a sign permit for erection of a contractors sign based on a finding that the proposed sign meets the requirements of Code Section 66-447, subject to a maximum height of 4 feet and a maximum 2 SF sign size. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. VII. Items by Staff. A. Recommended Comprehensive Plan Amendments 1. Future Land Use Element 2. Transportation Element 3. Housing Element 4. Infrastructure Element a. Sanitary Sewer Sub -Element b. Solid Waste Sub -Element C. Drainage & Natural Groundwater Aquifer Recharge Sub - Element d. Potable Water Sub -Element 5. Coastal Management Element 6. Conservation Element 7. Recreation & Open Space Element 8. Intergovernmental Coordination Element 9. Capital Improvement Element Marty Minor of Urban Design Kilday Studios prepared a Summary of Amendments to the Town of Gulf Stream Comp Plan which was distributed to the ARPB Members in their meeting packet. He said the Town Commission reviewed the proposed amendments to the Comp Plan and Zoning Code at their December meeting and their direction was to move forward and present the proposed amendments to the Architectural Review and Planning Board (ARPB). Mr. Minor explained that the ARPB will make their recommendations to the Local Planning Agency (LPA). The LPA will decide whether to send the amendments to the State and other required agencies, such as the Treasure Coast Regional Planning Council and Palm Beach County. The agencies will have 30 days to review the amendments and make comments and then it will come back to the Town. The Town Commission will then make the decision to either adopt or deny the amendments. Mr. Minor said the annexation of 16.6 acres created changing conditions within the Town and, in addition, the State Legislature has made massive changes to their growth management plan. He said the University of Florida (BEER) estimates that 98 permanent residents live within the Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 6 annexed area, which includes 102 existing dwelling units, 34 approved but not yet built units, and less than an acre of vacant land. The annexed area currently has a future land use designation of Palm Beach County HR -12 (High Residential -12) which allows 12 units per acre. Mr. Minor said the recommendation is to change that to the Town's current future land use of MF (Multi -Family), which allows 5.7 units per acre and is consistent with other multi -families within the Town. He said no commercial or industrial future land uses exist or are projected for Gulf Stream and that the Town of Gulf Stream is essentially built -out and will experience only minor fluctuations in populations. Mr. Minor said the Level of Service for the provision of recreation facilities, private and public, will be revised from 0.23 acre per person to 0.1 acre per person, noting that the general standard is 5 acres of recreation per 1000 residents. Chairman Ganger asked if the general standard differentiates between recreational areas which are open to the public versus those that are private. Mr. Minor said it does differential and he stated that one of the options provided through growth management legislation is to be able to review and incorporate this information into the Comp Plan. He said someone could convert a recreational facility into something else without affecting the level of service, but if they did so at the present time they would have to amend the Town's Comp Plan to address that type of provision of recreational services. Chairman Ganger said he was not sure that the Comp Plan should contemplate population growth. He said Gulf Stream does not want to grow and the reason the Town decided to annex the 16.6 acres of unincorporated Palm Beach County was to prevent that area from overgrowth. Mr. Minor pointed out some additional items saying that during the summer the State Legislature made concurrency optional. He said none of the local governments took that option, they are still part of the concurrency system and the Town is taking this opportunity to strengthen their concurrency management system within its Comp Plan. With regard to non -conforming densities, Mr. Minor said there are densities ranging from 8 units to 16.5 units per acre within the annexed area and the Town's density is 5.7 units per acre. He said there is a clause in the Comp Plan that if an entire building was destroyed due to a hurricane or an act of God they can rebuild as is. In addition, he said throughout the Comp Plan some of the time frames have been eliminated, such as those associated with certain actions or studies for situations involving historic preservation or the creation of standards for the citing of group homes. The State Law has changed and, although it is still a goal within the State Growth Management Laws, there is no longer an emphasis on immediacy, which allows local governments to decide when they want to move forward with such studies. Chairman Ganger commented that not long after the first Comp Plan a goal was set to have historic preservation as a guide in the decision process in situations such as the Spence Estate. He said there should be something in the Comp Plan concerning historic preservation before the Town loses more of their historic homes. Chairman Ganger also commented that there are issues with group homes and he feels the Town should be Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 7 vigilant with regard to transient rentals, be aware of the situation facing the City of Delray Beach and take action. Vice -Chairman Morgan asked Chairman Ganger what he proposes. Chairman Ganger said he mentioned to Mr. Minor in a telephone conversation that the premise should be consistent with the Town's beliefs and more articulate in putting forth what is important to the Town. Vice -Chairman Morgan asked Mr. Minor if the Delray Beach group home situation could occur in the Town of Gulf Stream. Chairman Ganger said he has spoken to several attorneys who say it could already be in planning stages without the Town being aware. Mr. Thrasher said the timeframe for these studies has been eliminated, but not the potential to study and make changes in these areas. He asked Mr. Minor to explain the timeframes. Mr. Minor said the timeframe under the older growth management regulations required towns to meet and adopt certain standards, such as group home citings, home-based occupations, rentals less than 3 months and commercial uses, which are all prohibited in the Zoning Code. Timeframes were required for communities without specific regulations which the State wanted to include in all comp plans and rather than making communities adopt regulations immediately the State's focus in review of comp plans is on larger issues of State concern. Mr. Minor said he took the opportunity to eliminate the timeframes, but not the desire to adopt specific regulations. Chairman Ganger said he would like the ARPB to have more time to put their thoughts together and clean up the Comp Plan before making their recommendations to the LPA. He said he would like an opportunity to address fundamental issues to give the LPA substantial goals and planning guidelines. Clerk Taylor said she does not disagree, but understood that when the annexation took place there were some time constraints in bringing the Comp Plan up to reflect the annexation. She said while there are other issues that should be considered, we should move forward now and continue with other issues later. Clerk Taylor said there are no limits on the number of Comp Plans submitted. Mr. Minor said there are some studies to be done and the Board can address some of the other issues under the Zoning Code where those types of regulations occur. He suggested that the Board make their recommendations to the LPA with the proposed amendments they have before them at this time, including any suggested changes. Mr. Randolph said the ARPB has a responsibility to deal with the density issue in a reasonable time and urged the Board to move forward with the proposed amendments now and address other issues later. Both Chairman Ganger and Vice -Chairman Morgan suggested that ARPB members meet to share ideas on some of the issues. Mr. Randolph said the ARPB can hold a workshop, but it would be in violation of the Sunshine Law for members to meet with each other outside of a meeting. Mr. Thrasher said his recommendation is for the ARPB to move forward with the proposed amendments as submitted by Mr. Minor. Chairman Ganger said he would rather hold off on making their recommendations because there are mistakes in the proposed amendments and he would prefer to Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 8 fine tune them before recommending them to the LPA. It was the consensus of the Board and Staff that there would not be enough time to hold a workshop, submit changes to Urban Design and have everything ready to distribute in the Commission meeting packets. Clerk Taylor explained that if the ARPB moves forward in recommending the proposed amendments as submitted, the Commission will have 1st reading of the Ordinance to be able transmit the amendments to the DCA and other required agencies on January 13th. Following the response from the DCA and other agencies which should be within 30 days, the Commission will review and address their comments and have a 2nd reading of the Ordinance for adoption of the Comp Plan Amendments. Chairman Ganger said he is uncomfortable with that timetable. Mr. Randolph asked Mr. Minor if elements that do not relate to the annexed area could be put off at this point in order to allow the ARPB to deal with elements that do relate to the annexation, such as future land use and transportation, in order to move forward. Mr. Minor said yes because, generally, future land use is the main focus. He said, however, because of an increase in population, there could be an issue if someone were to ask how the sanitary elements and infrastructure would be impacted. Chairman Ganger said the Town has commercial enterprise which can be converted into a group home with transients who are part owners. Mr. Randolph said the Board could move forward with the proposed amendments with the understanding that there are concerns with certain elements which the ARPB will be addressing to make changes. Vice -Chairman Morgan moved and Mr. Murphy seconded to recommend approval of the Summary of Amendments to the Town of Gulf Stream Comprehensive Plan as submitted. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Vice -Chairman Morgan moved and Mr. Murphy seconded a motion to allow the Architectural Review and Planning Board to request authority from the Town Commission to hold a Workshop for the purpose of reviewing additional changes and amendments to the Gulf Stream Comp Plan to submit adjustments to the Commission. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Mr. Randolph said, if the Board has no objection, Chairman Ganger could bring any mistakes in the proposed amendments to Mr. Minor's attention and, as long as they are not substantive, Mr. Minor can make the changes before the January meeting. The consensus of the Board was that they had no objections. Mr. Thrasher said he would prefer that Chairman Ganger brought the changes to Clerk Taylor to prepare them for Mr. Minor. Mr. Smith suggested having a workshop at the next ARPB Meeting if the Agenda is minimal. Clerk Taylor said she does not favor workshops because no motions can be made. Mr. Randolph suggested calling it a Special Meeting. B. Code Review 1. Section 66-369 Docks (7); Pg. CD66:71 Materials & colors. Materials & colors of docks & ancillary structures shall be considered as part of Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 9 architectural review and planning board consideration and shall be maintained as approved. 2. Section 70-51 Minor accessory structures (2); Page CD70:24 In -ground swimming pools and spas 3. Section 70:238. Roofs (a); Page CD70:93 Required. White flat untextured tile, except that gray slate or slate -style may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval. 4. Section 70-100. Roof and eave heights Define preferred, discouraged and prohibited height of entry feature. Mr. Thrasher said these items have been accumulating for review by the ARPB. He said the first step would be recommendations concerning these items from the ARPB to the Commission. Chairman Ganger said that because the roof issue has been a hot subject it should be addressed. He said he would like to discuss the process for a code amendment that would preclude or mitigate subdivision of lots that currently exceed 1 acre into smaller subdivision. Chairman Ganger said the subdivision of the Spence property initiated a lot of talk in the community and he suggested that the subdivision of lots be added to the list of items up for discussion. Mr. Randolph said that the size of a lot is addressed in the Zoning Ordinances which allows subdivision a property as long as it meets existing Code requirements. He said there is case law that says you cannot deny subdivision if it meets your existing Code and, therefore, you will need to modify the Zoning Code. Vice -Chairman Morgan said he believes the Town Code does allow denial and Section 70, Subsection 4 addresses the matter, but it fell on deaf ears in the application for subdivision of the Spence property. Mr. Randolph said he did not believe the section to be applicable; however, he said it can be added as an item for discussion in the future if the Board would like to tighten it up. Mr. Thrasher said he would like to get the discussion started today on the items listed on the agenda. Chairman Ganger said they will discuss the items listed and he also suggested adding the subdivision item. He added that he would like Staff to have the assignment of identifying property in the Town that could potentially be subdivided. Mr. Thrasher said there are properties that could be subdivided, but he did not know how many. Vice -Chairman Morgan said he would also like to explore whether Section 70, Subsection 4 would allow this Board to limit further subdivision of properties that can be subdivided. He also suggested that FAR Standards be reviewed again. Mr. Stanley clarified that the Board would like to identify properties that can be subdivided and look into whether it is feasible to do an overlay including those properties and change the regulations to a certain point where if someone wanted to redevelop those properties against the code it would be a privately initiated LDR amendment. Mr. Randolph said this matter should be more broadly approached and asked the Board if they want to add this item to the list. Chairman Ganger said he would like it added to the list and he would like the Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 10 roof item to be a priority to prevent another resident from approaching the Board for the slurry -coated tile. Mr. Randolph said that cannot happen due to zoning in progress. Mr. Thrasher said these items are addressed in sections of the Code that have caused many issues in interpretation. Chairman Ganger asked Mr. Thrasher to summarize the issues with Section 66-369 Docks and Ancillary Structures in terms of materials and colors. Mr. Thrasher said the Board will discuss the specifics of whether a dock can be concrete or made from real or false wood, acceptable colors of docks, if any, and the extension of 5' from the water line. Vice -Chairman Morgan said he has added FAR and subdivision consideration items. Mr. Smith said that Mr. Thrasher previously informed the Board that they do not have the authority to regulate driveway elevations, but asked whether this matter should be added to the list for discussion. Mr. Thrasher said it is something to discuss, but he will have Marty Minor look into whether the Town can legally regulate driveway elevations. Vice -Chairman Morgan said that all of these items can be fairly involved and suggested taking one item per meeting for discussion. He asked if the ARPB is authorized to direct Mr. Minor to investigate and report on these issues. Mr. Thrasher said we have historically operated that way and are authorized to do so, and he added that some of the items will be controversial and some will not, such as pools and grottos. Clerk Taylor said most of the items on this list have already been discussed and staff has been authorized to do something about them. Chairman Ganger recommended the roof issue be scheduled for the next meeting and asked the Board and Staff to be prepared. Clerk Taylor suggested considering the eave heights for discussion at the next meeting also. VIII. Items by Board Members. There were no items by the Board Members. IX. Public. There were no items by the Public. X. Adjournment. Chairman Ganger adjourned the meeting at approximately 10:30 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-01 Owner: M/M Curtiss Roach Address: 3560 Gulf Stream Rd Agent: Mark Marsh, Bridges, Marsh & Associates Proposed Improvement: Construction of three one-story additions to the existing one-story Gulf Stream Bermuda style single family dwelling. Approvals Requested: Special Exception: To permit two, one-story additions to the existing one- story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the dwelling that would encroach 2.8 feet into the south side setback. Level III Architectural/Site Plan: To permit the construction of three one-story additions, 809 SF, to the existing one-story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. Gross Lot Size: 15,030 SF Effective Lot Area: 15,030 SF Proposed Total Floor Area: 3,899 SF Allowable: 4,959 SF Zoning District: RS -C Considered During Review: Height: 15' existing Section 70-75. Special exception setbacks. (c) Additions to structures with existing nonconforming setbacks. (1) Minimum setback. The minimum setback (all setbacks) is the extent of existing minimum setback. Section 70-74 Setbacks. Section 70-100 Roof and eave heir Comments: The standards for approval of special exception appear to be met. Town of Gulf Stream TOWN OF GULF STREAM APPLICATION FOR DEVELOPMENT APPROVAL ... _...._1....... This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. To be completed by all applicants. A. Project Information I.A.I. Project/Owner Name: PART II. GENERAL INFORMATION Mr. & Mrs. Curtiss Roach ARPB File # O!2' /' I.A.2. Project Address: 3560 Gulf Stream Road Gulf Stream I.A.3. Project Property Legal Description: Lot 3, Block 2, Polo Fields, according to the plat thereof as recorded in plat book 26, page, 13 public recor s o Pa m Beac oun y, FL I.A.4. Project Description (describe in detail, including # ofstories, etc.) Single Story additions on east and west areas of existing residence- interior remodeling. I.A.5. Square Footage of New Structure or Addition: _809 s q . f t . Architectural Style: Gulf Stream Bermuda 1.A.6. Check all that apply: XDArchitectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) O Demolition of Structures O Non-residential uses O Variance (complete section G) XX Special Exception (complete section E) 1.A.7. (a) Proposed F.F.E.: B. Owner Information Type of Foundation: _Piling 1.8.1. Owner Address: 3560 Gulf Stream Road LB -2. Owner Phone Number: _ 561-455A731 I.B.3. Owner Signature: C. Agent Information Fax: I.C.I. Agent Name and Firm Name: M. Mark Marsh. Bridges, arshsoc. R a� I.C.2. Agent Address 18 Via Miz,7ger I.C.3. Agent Phone Number: (o) 5 1 . 1.C.4. Agent Siqnature: Pre -App Date: App Date: Com Date _ Decision: alm Reach, F 3 icial Use Only Date: imendation: Date: / �5 ' /-)j es/ J /- Aplilication for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located? ps`G III.A.2. Is the project compatible with the intent of the zoning district? JoYes ❑ No Explain. Scale/Style of additions conforms to existing use within the Zonin 1 g district. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? P Yes ❑ No Explain. Fully compatible with future land use. III.A.4. flow are ingress and egress to the property to be provided? new driveway centered along GulfStream Road. III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage on site b. Sanitary Sewer public c. Potable Water city d. Irrigation Water city e. Electricity f p & 1 f. Telephone at&T g. Gas propane tank h. Cable Television Comcast III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) N/A PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV -A.1. Does the project involve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? ❑ Yes L"No (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes ❑ No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes ©�No (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? ❑ Yes ❑ No (If "Yes", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes 6 No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 E. Projects Requiring a Special Exception. IV.E,1, Is the proposed use a' permitted special exception use? M Yes ❑ No Code Section:? 0 - 75 c IV.E,2. How is the use designed, located and �1 � � 2 � Pr°posed to be operated so that the Proposed additions to Public health, safety, welfare, and morals will be protected? non conforming setbacks are not visible from -.a public right -Of -way. IV. E.:3. Will the use cause substantial injury to the value ofother ro be located? []Yes 1M No P Perty in the neighborhood where it is to Explain. Proposed additions are bel6w required lot and mass ,com covera e Pa with neighborhood. IV.E.4 How will the use be compatible with adjoining development a is to be located? nd the character of the District where it Proposed additions are below required is com q lot coverage patible with neighborhood and mass IV.E,S. What landscaping p g and screening are provided? New I _aJrldscalping existing hedges on property lines will be maintained' aint supplemented. ain ed or IV.E.6. Does the use conform with all applicable regulations governing the 9 District wherein it is to be located? �p Yes ❑ No Explain. All criteria within the Gu manual are met. F. Non -Residential Projects and Residential Projects of Greater than 2 Units W.F.J. If common area facilities are to be provided, describe them and how the to NSA Y are be maintained. IV.F.2. If recreation facilities are to be provided, describe them and their Potential n Properties. naimpacts or, --------------- IV.F.3. For each of the following, list the number provided and their dimensions. Loading Spaces: Standard Parking Spaces: Small Car Parking Spaces: Handicapped Parking Spaces: Driveways/Aisles: Application for Development Approval Form ADA.32000 Page 5 Page 1 of 1 Rita Taylor From: Bill Thrasher Sent: Tuesday, January 10, 2012 8:56 AM To: Rita Taylor Subject: FW: Roach Residence Attachments: 21133_al-1_area calcs.pdf; 21133_a4-1—area calcs.pdf From: Marty Minor [mailto:MMinor@udkstudios.com] Sent: Tuesday, January 10, 2012 8:48 AM To: Bill Thrasher Subject: Roach Residence Bill, Attached is our analysis of the Roach residence plans with regards to the FAR and the undivided window size and glass percentage on the western elevation. The proposed addition raises the FAR to .26, which is less than than the maximum limit of .33. However, the residence's western elevation contains undivided glass ranging from 18 to 25 square feet in size. Also, glass makes up 51.1% of the western facade, which also exceeds code standards. Attached for your use are the elevations with the calculations. Should you have any questions, please feel free to contact me at any time. marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401-5758 561-366-1100 1/10/2012 kI b 7 ƒ |! §k A Lill�| � $■ ¥� . ' |_2 §■ / x � * �\ \ `\ §k2 §§3 ||§E 2 > 7|| z � ; c q 5 m § $ § ilii iis $�- - $ ii b 7 ƒ |! §k A Lill�| � $■ ¥� . ' |_2 §■ / x §k2 ||§E 2 > 7|| � ; q 5 m § § ilii iis $�- - $ ii 2 ® , � 2 i i b 7 ƒ |! §k A Lill�| � $■ ¥� . ' |_2 §■ / x M C- > * -nc o n aOx w O D I D Vl fm NmD O A > \ mRI D r D D ZOo r p Z A A 0p2p g 5Z m f A I—.—�P ,9� OT a�. €b, ( Page 1 of 1 Bill Thrasher From: Marty Minor [MMinor@udkstudios.com] Sent: Thursday, January 12, 2012 11:52 AM To: Bill Thrasher Update on a couple issues: Roach Residence: The cross-section detail of the wall detail was helpful. The clarification of the facade wall height helps us confirm that architect's calculation that the glass area makes up 48% of the west wall facade. Roof Tiles: I have discussed Bermuda white tiles with the owner of Carpenter Roofing, who does roofing for high-end homes and buildings on the island, including in Gulf Stream. He recommends the Entegra Portland white cement, smooth white tile as the preferred the as it is available locally, it is white thru and thru, and he also suggested for slate or gray tile that they be the "un -weatherized or un -fading" type as some of the cheaply -made tiles fade quickly and unattractively. I will include this info in the recommended zoning code language, but I wanted to give you an update in case someone asks. I will see you tomorrow morning for the Town Council/LPA hearing. Thank you, ma rty Marty R.A. 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Section 70:238. Roofs (a); Page CD70:93 Required. White flat untextured tile, except that gray slate or slate -style may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval Recommended Changes: Required. Flat, white thru and thru, smooth, un -coated tile, except that gray, slate or slate -style, may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences, subject to Level II approval. 2. Section 70-100. Roof and eave heights Define preferred, discouraged and prohibited height of entry feature. Recommended Changes: Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such element. Height: Preferred, From eight feet to 14 feet. Discouraged, From 14 feet to 16 feet. Prohibited. Greater than 16 feet. 3. Section 70-51 Minor accessory structures (2); Page CD70:24 In -ground swimming pools and spas Recommended Changes: Add "Waterfalls" 4. Section 66-367 Swimming pools Recommended Change: Add (j) No grotto shall be permitted in any zoning district. A grotto shall be considered and artificial structure or excavation made to look like a cave or cavern. (k) Waterfalls, minor accessory structures, shall not exceed 4' in height as measured from the average finished grade of the property and the back side of the structure shall be screened from off -premises view with landscape material. 5. Section 66-369 Docks (7); Page CD66:71 Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. Recommended Changes: No concrete docks are permitted. All docks will be made from natural materials. 6. Section 66-1 Definitions Recommended Change: Basement shall mean that portion of a building which is below the finished floor elevation of the building. A basement is not considered a story with regards to height measurement of a building. The square footage of a basement shall be included in the FAR calculations at 50% and not be usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the structure. 7. Section 70-71 Floor Area Ratio Recommended Change: Seeking Input 8. Section 70-68 Lot size and dimensional requirements. Recommended Change: Seeking Input 9. Section 70-4 How to use this Manual Recommended Change: Seeking Input GULF STREAM DESIGN MANUAL § 70-238 (b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a transition between first and second stories. A few critical stepbacks on a building are better than several minor stepbacks that only complicate the facade and create busy architecture. (c) Preferred. Balconiesy. Simple rectangular config- urations ti Single story garages Smaller second story con- figurations 4 k Stepbacks to second story (d) Discouraged. Angular walls Complex facade treatment (excessive multi -layer stepbacks) Stepbacks, smaller second story, single story garage, and a balcony help to Sec. 70-238. Roofs. articulate and give appropriate scale to this house (preferred). (a) Required. White flat untextured tile, except that gray slate or slate -style tile may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval. (b) Preferred. Combination hip/gable roofs Decorative capped chim- ney Exposed rafter tails Flashing, vent stacks, and pipes painted to match ad- jacent building surface Hip roof Low pitched roofs (6:12 slopes) Roof overhang (2-2Y2 feet) Simple roof geometry em- phasizing long horizontal lines White flat untextured tile Gulf Stream- Bermuda style white tile roof (required) OC, Corr. CD70:93 § 70-238 (c) Discouraged. Dormers on single story GULF STREAM CODE houses Gable Pyramidal hip (often has too steep of slope) Very low pitched roofs (slope less than 5:12) (d) Prohibited. Barrel tiles -� Front gable except for en- try features - - Gambrel Mansard Monolithic roof design where inadequate mea- sures were taken to re- duce massing and height Roof detail showing exposed rafter tails and decorative capped chimney of roof design (preferred) Pan tiles Shed Shingles Tiles other than white flat untextured tiles or gray slate tiles Unnecessarily complex roof geometry (Ord. No. 00-1, §§ 56, 57, 3-10-00) OC, Corr. CD70:94 § 70-99 GULF STREAM CODE Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory structures) Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow Primary color tiles and shingles Roll tile and similar tile styles in all districts except Place Au Soleil S -Tile in all districts except Place Au Soleil Solar panels on the streetside Unnecessarily complex or monolithic roof design All white tile other than flat cement tile (Ord. No. 00-1, § 36, 3-10-00; Ord. No. 03-9, § 2, 10-10-03) Sec. 70-100. Roof and eave heights. (a) Generally. (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential/human scale. Most structures in the town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (2) Roof height is measured from the top of the first finished floor to the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same eave line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but are not limited to, chimneys, cupolas, decorative towers, dormers, and small cut-outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features, if used, should provide a sense of arrival to visitors, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 feet for entry features) Eave lines: Three or less Roof features: Three or less visible per building side Roof heights: 20 feet or less (24 feet or less for roof features) (2) Discouraged. Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) Eave lines: Four Roof features: Four visible per building side Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) OC, Corr. CD70:46 GULF STREAM DESIGN MANUAL § 70-100 (3) Prohibited. Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) Eave lines: Five or more Roof features: Five or more visible per building side Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (c) Two story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts—From eight feet to 12 feet for one-story portions (from eight feet to 14 feet for entry features) 22 feet six inches or less for two-story portions All other districts—From eight feet to ten feet six inches for one-story portions (from eight feet to 14 feet for entry features) 21 feet or less for two story portions Eave lines: Four or less Roof features: Three or less visible per building side Roof heights: 22 feet or less for one-story portions (2) Discouraged. Eave heights: Beachfront and Ocean West Districts—Between 12 and 14 feet for one-story portions (between 14 and 16 feet for entry features) Between 22 feet six inches and 24 feet six inches for two-story portions All other districts—Between ten feet six inches and 12 feet six inches for one-story portions (between 14 and 16 feet for entry features) Between 21 feet and 23 feet for two-story portions Eave lines: Five Roof features: Four visible per building side Roof heights: Between 22 feet and 26 feet for one-story portions (3) Prohibited. Buildings with more than two and one-half stories Eave heights: Beachfront and Ocean West Districts—Less than eight feet or greater than 14 feet for one-story portions Greater than 24 feet six inches for two-story portions. All other districts—Less than eight feet or greater than 12 feet six inches for one-story portions Greater than 23 feet for two-story portions Eave lines: Six or more Roof features: Five or more visible per building side CD70:47 § 70 -loo GULF STREAM CODE Roof heights: Greater than 26 feet for one-story portions For two-story portions greater than the following for each zoning district: District Height in feet Gulf Stream Core 30 (roof features may extend to 35) Ocean West 30 (roof features may extend to 35) Beach Front 35 (including roof features) North/South 30 (roof features may extend to 35) Place Au Soliel 30 (roof features may extend to 35)" CD70:48 GULF STREAM DESIGN MANUAL § 70-101 Preferred ■ Four or less eave lines Prohibited Six or more eave lines Line 3 Line 2 Line 1 Above graphic illustrates eight different eave lines, adding unnecessary complexity to the elevations. (Ord. No. 00-1, §§ 26, 37, 3-10-00; Ord. No. 03-1, § 1, 4-11-03) Sec. 70-101. Windows. (a) Generally. (1) Windows not only provide light and ventilation but add to the aesthetics of a building by creating rhythm, proportion, distinction and articulation. Certain styles of windows correspond to specific CD70:49 + + & ¥ & E \ §@ R C ■ K | | / ■ | § § 4 § ■| �I �§�f| 7� ,.|■,�||wf|)�||||� + + & ¥ & E \ §@ R C & 4t A & b rA, O OR mill k� & 4t A & b rA, HER 1 PEM 01JR!, = -1 "Ill INN", CQ rn rvoiswa LU .fyt, r ,. i a �.: 7 ,' i § 70-49 GULF STREAM CODE (b) These prohibitions shall not extend to telephonic transactions and communications. Sec. 70-50. Private schools. Any private school conducted in any single family residential zoning district may continue to be used as such under the provisions of sections 66-131 et seq. of this Code, provided however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private school, may be replaced, or another building substituted in place thereof; repaired and maintained from time to time as shall be necessary for the effective operation and maintenance of such private school; and further, any development permits, orders or written agreements granted or executed by the town prior to the adoption of this chapter shall remain in full force and effect. Sec. 70-51. Minor accessory structures. The following structures shall be considered as minor accessory structures in all five single family zoning districts subject to specific setbacks established in this chapter. Any structure which is larger or more intensive shall be subject to the same setbacks as the principal structure. (1) Detached, one-story structures of 300 square feet or less and 18 feet or less in height, including but not limited to: Garages/sheds Gazebos Greenhouses Guest houses Pool cabanas/bathhouses Trellises/arbors (2) Permanent recreation facilities, including but not limited to: Batting cages/backstops Forts and playhouses In -ground swimming pools and spas Paved/special surface areas and accompanying equipment and/or fencing for tennis/squash/ racquetball, basketball, shuffleboard, putting greens/sand traps, etc. Swing sets and other playground equipment (3) Fountains. (4) Mechanical equipment and television antennae/satellite dishes. (5) Decks and patios with elevations greater than eight inches above highest abutting grade. (6) Awnings with leg supports and those otherwise extending more than three feet out from a structure. (7) Docks, boat lifts, and davits. (8) Flagpoles. CD70:24 § 66-351 GULF STREAM CODE tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit. (Ord. No. 83-1, § 2(X, K), 4-8-83) Sec. 66-352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or noxious by reason of the emission of any dis- charge, odor, gas, dust, smoke, vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community. Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83-1, § 2(X, J), 4-8-83) Cross reference—Nuisances, ch. 22. Secs. 66-353-66-365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66-366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi- cation antennas may be permitted in any zoning district upon site plan review and approval by the town commission and upon issuance of a building permit by the town. (b) Broadcast receiving antennas or communi- cation antennas shall be attached to the main building or structure and shall not extend more than five feet above the highest portion of the roof. (c) Satellite television antenna systems may be permitted in any zoning district upon site plan review and approval by the town commission and the issuance of a building permit by the town. (d) Satellite television antenna systems shall not exceed 12 feet in diameter or width. (e) Satellite television antenna systems shall be considered as accessory structures and shall be subject to the applicable site plan review require- ments and regulations of this chapter. (f) Unless specific approval is granted by the town commission, satellite television antenna sys- tems shall be ground mounted and located in such areas as to be screened or buffered from view from adjacent properties, rights-of-way, the Intracoastal Waterway and/or the Atlantic Ocean. (g) There shall not be more than one satellite television antenna system, broadcast receiving antenna or communication antenna per residen- tial building or condominium association on any platted lot or parcel. (h) Upon receipt of site plan approval and prior to the issuance of a building permit for satellite television antenna, the town commission shall review the installation plans, which plans must be signed and sealed by a professional engineer registered in the state who shall certify that the proposed satellite television antenna system is wind resistant with an ability to with- stand winds up to 140 miles per hour. The calcu- lations and such certification by the engineer shall be submitted along with the plans. (Ord. No. 83-1, § 2(X, H), 4-8-83; Ord. No. 84-7, § 2, 12-14-84) Sec. 66-367. Swimming pools. (a) No swimming pool shall be located, de- signed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool. ZONING (b) Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect away from adjoining premises. (c) A pool may be located within an enclosed courtyard, patio, etc., provided it is to the rear of the required front yard setback line. (d) All enclosed swimming pools shall be in conformity with the setbacks required by the zoning district in which it is located. (e) Unless otherwise specified elsewhere in this Code, unenclosed or open swimming pools in the "RS" single-family residential district shall be located a minimum of 25 feet from front property lines; provided, however, that any swimming pool located on property fronting on SR AlA shall be subject to the established 78 -foot centerline set- back. (f) Swimming pools shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or par- cels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (g) All pools shall be enclosed by a self-locking, child resistant fence, wall or equivalent barrier at least four feet high, except as provided elsewhere in this Code, and in no event shall a pool be exposed to open view from any public roadway. (h) No aboveground pools of any nature shall be permitted in any zoning district. An aboveground pool shall be considered a pool constructed or assembled of any material and whose top edge exceeds two feet in height above the average finished grade of the lot or site. (i) All pools shall be landscaped so as to pre- vent exposure to off -premises view from any pub- lic roadway, any public or private right-of-way, and the ground level of any adjoining property. However, this subparagraph shall not be con- strued so as to prevent the exposure of pools to open view from public or private waterways. (Ord. No. 83-1, § 2(X, I, 1), 4-8-83; Ord. No. 92-5, § 1, 9-28-92; Ord. No. 00-1, §§ 18, 19, 3-10-00) Sec. 66-368. Tennis courts. § 66-369 (a) No tennis court shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the tennis court. (b) No lights shall be used in any manner so as to illuminate any tennis court. (c) All tennis courts shall be in conformity with the setbacks required by the zoning district in which it is located. Any tennis court located on property fronting on SR AIA shall be subject to the established 78 -foot centerline setback. (d) Tennis courts shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (e) All tennis courts shall be enclosed by a fence, open wall or equivalent barrier and in no event shall a tennis court be exposed to open view from any public roadway. (Ord. No. 83-1, § 2(X, I, 2), 4-8-83) Sec. 66-369. Docks. In the single-family residential district, one dock per lot of record shall be permitted in accor- dance with the following: Supp. No. 1 CD66:69 (1) Site plan review required. All new docks and significant alterations to existing docks shall require site plan review and ap- proval. (2) Permitted as accessory use. Docks shall be permitted only as an accessory use to single-family dwellings for the exclusive use of the dwelling's occupants (residents and nonresident members of the occupant's family and resident guests at the dwell- ing). Docks shall not be permitted on vacant lots unless the vacant lot is adja- cent to a developed lot under the same ownership and a unity of title has been recorded. . V. A - ,r, ZONING minimum offset from the setback centerlines. For lots with designated water frontage less than 100 feet the docking zone shall have a minimum five-foot offset from each of the set- back centerlines. In the case of cove end lots and lots with a water front- age of 100 feet or less, neither boat nor dock shall exceed a length of 70 feet. For rounded corner lots, water frontage is determined by the mid- point of the arc. For purposes of determining designated water front- age, dock widths, setbacks and max- imum boat lengths for each water- front lot within the Town, the figures contained within Exhibit "B" at- tached hereto and incorporated herein shall apply. [See the end of this sec- tion.] In cases with multiple water frontages, owner must treat each frontage according to the appropri- ate size category. In the case of low profile piling boat lifts, the lift shall be located in the following manner. The first piling shall be placed a minimum of twenty feet (towards center of the lot) from the setback line with the pilings extending into the docking zone no farther than twenty feet from the seawall. For lots with setbacks of more than fifteen feet on either side, the twenty foot mea- surement for the first piling shall be mea- sured from the setback on the side with the largest setback. f. A maximum of one dock box shall be permitted which shall be no higher than 30 inches and no larger than 24 cubic feet. § 66-369 g. Light fixtures shall be installed in a manner that provides safe pedes- trian circulation using low voltage lighting with a maximum fifty watts mounted no higher than three feet above the dock at a minimum spac- ing of ten feet on center. Lights are to be step, path or marine type fix- tures. Fixtures must project down- ward at a minimum 45 -degree angle from the horizontal plan tangent to the top of the light source fixture and allow no light spillage onto ad- jacent properties. No fixture shall be mounted to the seawall. h. Subject to level one site plan ap- proval, a maximum of one floating platform may be permitted in lieu of a boat lift for the purpose of storing small watercrafts. The floating plat- form shall be constructed of nonfer- rous material, be black in color and may not rise more than 12 inches out of the water. No more than two wa- tercrafts of a maximum length of 14 feet shall be stored on the floating platform. The platform dimensions shall not exceed eight feet in width or 16 feet in length. All watercrafts shall be stored parallel to the sea- wall. A floating platform must be removed after three months of dis- use. (7) Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. (Ord. No. 83-1, § 2(X, I, 3),4-8-83; Ord. No. 91-24, § 3, 10-21-91; Ord. No. 00-1, §§ 20, 21, 3-10-00; Ord. No. 04-9, § 2,2-11-05; Ord. No. 05-2, §§ 1-6, 9-9-05; Ord. No. 008-4, § 4, 9-5-08) Supp. No. 1 CD66:71 ZONING ARTICLE I. IN GENERAL Sec. 66-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abutting shall mean having a common border with, or being separated from such common bor- der by, an alley or easement. Access shall mean the principal means of in- gress and egress to property from a publicly dedicated right-of-way. Accessory building, structure or use shall mean a building, structure or use on the same lot with, and of a nature customarily incidental and sub- ordinate to, the principal building, structure or use. Acre, net. See Net acre/net land area. Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is con- nected by a firewall or is separated by indepen- dent perimeter load-bearing walls is new construc- tion. Adjacent shall mean that which lies near or close to, not widely separated or necessarily touch- ing. Adjoining shall mean that which is joined or united, actually touching. Alley shall mean a dedicated public right-of- way other than a street which provides only a secondary means of access to abutting property, is not over 20 feet in width and is not intended for general traffic circulation. Alterations, as applied to a building or struc- ture, a change or rearrangement in the structural parts of the existing facilities, or an enlargement, whether by extending on a side, or by increasing the height, or the moving from one location or position to another. § 66-1 Antenna shall mean a device for radiating and/or receiving television or radio signals. Antenna structure shall mean an antenna con- sisting of two or more radiating elements, gener- ally similar which are arranged in such a manner as to obtain direction radiation patterns. It in- cludes any structural members which are neces- sary to maintain the proper electrical relation- ships between the radiating elements, including the mast or other structure used to support the array as a whole, but does not include the trans- mission line which supplies energy to or receives energy from the array as a whole. Apartment. See Dwelling, multiple -family. Appeal shall mean a means for obtaining re- view of a decision, determination, order, or failure to act pursuant to the terms of this chapter. Area of shallow flooding shall mean a desig- nated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard shall mean the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Awning shall mean any movable rooflike struc- ture cantilevered or otherwise entirely supported from a building, so constructed and erected as to permit its being readily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. Base flood shall mean the flood having a one percent chance of being equalled or exceeded in any given year. Base flood elevation shall mean the height above mean sea level expected to be reached by the 100 -year flood. Basement shall mean that portion of a build- ing, the ceiling which is entirely below grade or less than three feet above grade. A basement is Supp. No. 1 CD66:7 § 66-1 GULF STREAM CODE not considered a story with regards to the height measurement of a building. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the build- ing. Bedroom shall mean a room other than a kitchen, dining room, living room, bathroom or closet which is marketed, designed or otherwise likely to function primarily for sleeping. Block shall mean a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulk- head lines, or shorelines of waterways, or corpo- rate boundary lines of the town. Breakaway wall shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces with- out causing damage to the elevated portion of the building or the supporting foundation system. Breezeway shall mean a roofed, open -sided pas- sageway connecting two separate structures, or two separate portions of the same structure. Broadcast receiving antenna shall mean an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broad- cast services, including AM, FM and TV. Building area shall mean the portion of a lot remaining after required setbacks have been pro- vided. Building shall mean any structure built for the shelter, support or enclosure of persons, animals, chattels or movable property of any kind; and, when separated by division walls without opening from the ground up, each portion of such struc- ture shall be deemed a separate building, and for the purpose of this chapter, all porches, projec- tions, cornices and eaves shall be deemed and considered a part of a building. The word "build- ing" shall include the word "structure." Building, detached, shall mean a building hav- ing no party walls in common with another build- ing. Building front shall mean that exterior wall of a building which faces a front lot line of the lot. Building height shall mean the vertical dis- tance measured from the point of first floor base flood elevation of the building site to the highest finished roof structure including any rooftop su- perstructure or appurtenance. Building line shall mean a line on a lot, gener- ally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter. Building official shall mean that person who is designated by the town commission and is charged with the responsibility of enforcing and adminis- tering the various land and building regulations of the town. Building permit shall mean the document or certificate issued by the town building official or other designated official which verifies adherence to all applicable development regulations and gives permission to the permit applicant to pro- ceed with the actions for which the permit was requested. Building, principal, shall mean a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. Building site shall mean a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belong- ing to the same. Bulk shall mean the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines. Carport shall mean a freestanding covered area or a roofed area open on one, two or three sides and attached to a building, either of which is designed for the storage of one or more vehicles or boats. Supp. No. 1 CD66:8 § 70-69 Sec. 70-69. Unity of title. GULF STREAM CODE In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. Sec. 70-70. Floor area calculation. For purposes of computing the floor area ratio, floor area shall be defined as follows. "Floor area" shall mean the gross floor area of a structure as measured from the outside of the exterior walls and shall include or exclude the following: (1) All floor area under a solid roof whether or not the area is enclosed with walls (i.e., porches, balconies, breezeways, etc.) shall be included. (2) Areas under awnings with leg supports or those that extend more than three feet out from a structure shall count as one-half shall be included. (3) Floor area under ceilings which are higher than 15 feet shall count as double. (4) Areas under screen enclosures shall count as 1/2. (5) Areas under eaves or roof extensions of 21/2 feet or less shall not be included. (6) Areas in basements shall not be included. (7) Areas in attics that cannot be used for living area shall not be included if the ceiling height does not exceed 61/2 feet and there are no windows. (Ord. No. 00-1, § 28, 3-10-00) Sec. 70-71. Floor area ratios. (a) Sliding scale floor area ratio (FAR). (1) Floor area ratio (FAR) is the relationship between a building's total floor area and the area of the lot it sits on. If a building is 2,500 square feet and it sits on a lot of 10,000 square feet, its FAR is .25. This direct relationship results in the ability to build bigger homes on bigger lots. While a ratio of total floor area to lot size such as .25 may be appropriate for smaller lots, on larger lots the result can be unnecessarily and inappropriately large homes. This is particularly a problem when two lots are combined and are now twice as large as the lots next door. This section provides a methodology for maintaining a reasonable opportunity to build larger homes on larger lots, while recognizing that the relationship to the scale of an existing neighborhood is an important community character concern. (2) In order to establish a sliding scale which reduces floor area ratio yields on larger lots; the following FAR step down shall be used: Effective Lot Area I Gulf Stream Core Ocean West Beachfront North/South I Place au Soleil Maximum FAR First 20,000 .33 .33 square feet .33 .33 .33 Portions over 20,000 square .20 .20 .20 .20 .20 feet+ Supp. No. 1 Example 1: 45,000 square foot lot in Beachfront District. First 20,000 square feet x .33 = Next 25,000 square feet x .20 = Total 45,000 square feet CD70:28 6,600 square feet 5,000 square feet 11,600 square feet maximum floor area GULF STREAM DESIGN MANUAL § 70-71 Example 2: 30,000 square foot lot in Ocean West District. First 20,000 square feet x .33 = 6,600 square feet Next 10,000 square feet x .20 = 2,000 square feet Total 30,000 square feet 8,600 square feet maximum floor area . Example 3: 18,000 square foot lot in Place au Soleil. First 18,000 square feet x .33 (b) Neighborhood context floor area ratio. 5,940 square feet maximum floor area (1) In order to address the potential problem created when two lots are aggregated in a district of predominantly small lots, the neighborhood context FAR shall be followed. This special FAR calculation will apply only to new lots in excess of 20,000 square feet created in the Gulf Stream Core or Place au Soleil Districts after the adoption of this chapter. (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 13,000 square feet x .20 Total 33,000 square feet b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 Neighbor 2 lot: 16,000 square feet x .33 Total 6,600 square feet 2,600 square feet 9,200 square feet maximum floor area 4,290 square feet maximum 5,280 square feet maximum 9,570 square feet max _ 2 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 Gulf Stream Core Ocean West Beachfront NorthlSouth Place au Soleil Neighbor- Lots greater than 20,000 Lots greater than 20,000 hood Context square feet created after N/A N/A N/A square feet created after FAR Applica- adoption of this manual adoption of this manual bility (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 13,000 square feet x .20 Total 33,000 square feet b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 Neighbor 2 lot: 16,000 square feet x .33 Total 6,600 square feet 2,600 square feet 9,200 square feet maximum floor area 4,290 square feet maximum 5,280 square feet maximum 9,570 square feet max _ 2 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 § 70-71 GULF STREAM CODE (4) For lots subject to neighborhood context FAR, the methodology for identifying abutting lots is as follows: Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00-1, § 26, 3-10-00) :14 ' `'4 3c .; End Lot 13'1 J� 5 t 12 t t 6 15 •'s.... o t.16 10 g Corner Lot 25 24 .23 22t:21420.18 2627:.'28 :,Yt 31 19 'l J.Y i ✓ L= t—1 ` Interior Lot Combined Lot Types Sec. 70-72. Special exception floor area ratio (FAR). (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 Abutting Neighbor #1 Abutting Neighbor #2 For interior lots, abutting lots are: the side lot the other side lot example: if lots 29 and 30 are combined, abut- ting lots are: lot 28 lot 31 For corner lots, abutting lots are: the side lot which faces the same the largest lot directly across the street same street example: if lots 7 and 8 are combined, abutting lots are: lot 6 lot 17 For end lots, abutting lots are: the side lot the next nearest lot on street example: if lots 1 and 2 are combined, abutting lots are: lot 3 lot 4 Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00-1, § 26, 3-10-00) :14 ' `'4 3c .; End Lot 13'1 J� 5 t 12 t t 6 15 •'s.... o t.16 10 g Corner Lot 25 24 .23 22t:21420.18 2627:.'28 :,Yt 31 19 'l J.Y i ✓ L= t—1 ` Interior Lot Combined Lot Types Sec. 70-72. Special exception floor area ratio (FAR). (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 SLI/ GULF STREAM DESIGN MANUAL § 70-68 ARTICLE IV. SITE DEVELOPMENT REGULATIONS Sec. 70-66. Generally. Typically, zoning regulations affect the size and location of development on individual lots and establish the basic building envelope. The development standards in this article respond to the unique characteristics of the town's five single-family zoning districts and address community concerns regarding the mass of new construction and its impact on neighborhood character. Sec. 70-67. Effective lot area. (a) Because many of the site development regulations contained in this chapter are a function of lot size, the definition of the term "lot size" becomes very important. One of the key goals of this chapter is to maintain a proper proportion and scale between buildings and between buildings and the land. Accordingly, it is necessary to establish an "effective lot area" in order to meet this goal. (b) All references to "lot size" or "lot area" in this chapter shall have the same meaning as "effective lot area" which is defined as follows. "Effective lot area" shall mean the platted/recorded lot area minus the following: (1) Any submerged lands. (2) Any lands east of the Coastal Construction Control Line established in 1978. (3) Any lands separated from the main portion of the lot by public or private roads. (4) Any lands used for private road surfaces including an additional ten feet of area beyond the edge of the pavement of a private road. (5) Any unrecorded public right-of-way which shall be determined by using an average of the recorded right-of-way adjacent to other properties along the same roadway. Sec. 70-68. Lot size and dimensional requirements. The following requirements shall apply only to lots created after the adoption of this chapter. Nonconforming lots which were legally subdivided and recorded in accordance with the regulations in effect at the time of the subdivision, but prior to the adoption of this chapter, shall have all building rights provided under this chapter and chapter 66 provided all other applicable requirements are met. Minimum Lot Size and Gulf Stream North/ Place au Dimensional Requirements Core Ocean West Beachfront South Soleil Effective Lot Area 16,500 30,000 30,000 20,000 15,000 Width Front 100 100 150 100 100 (Rectangular Shaped Lot) Front/Point 40 40 N/A 40 40 (Pie Shaped Lot) Other Lots shall have a All lots shall have a minimum frontage minimum of 150 feet of 100 feet on both of frontage on both AIA and Gulf AIA and the ocean. Stream Road where Land -locked lots are adjacent to both. prohibited. (Ord. No. 00-1, §§ 26, 27, 3-10-00; Ord. No. 008-5, § 1, 9-5-08) Supp. No. 1 CD70:27 GULF STREAM DESIGN MANUAL § 70-4 (c) In addition to the design standards contained in this chapter, for convenience, the specific mandatory land development regulations are included to facilitate an overall understanding of the review criteria to which new construction is subject. North Ocean Boulevard entering Gulf Stream Sec. 70-4. How to use this manual. (a) Organization. This chapter is organized into nine articles. The user is encouraged to read the chapter in its entirety. This chapter is a full part of the town's land development regulations and has the same force and effect of all other provisions contained therein. (1) Articles III and IV. Article III, Use Regulations, and article IV, Site Development Regulations, contain land development regulations which are mandatory and apply to all of the single-family zoning districts. These are the typical zoning -type regulations found in most other codes. (2) Articles V through VIII. Articles V through VIII provide design standards and establish a basis for review and approval of all new single-family construction or remodeling. Article V, Areawide Standards, applies to all single-family homes in the town. Provisions with respect to Gulf Stream -Bermuda and Mediterranean Revival architecture (see article VII) are not applicable if an alternate architectural design is selected. The reader is encouraged, however, to become familiar with their provisions in that they are the preferred styles in most of the town. (3) Article VL Article VI, District Standards, provides more specific design direction for the five single-family zoning districts established in this chapter. The user should identify the applicable district and should study it carefully to ensure that the unique characteristics of and appropriate design direction for that district are incorporated into any design proposal. (4) Article VIL Article VII, Predominant Architectural Styles, contains design standards for Gulf Stream -Bermuda and Mediterranean Revival styles of architecture. As discussed, these styles are not mandatory but are indicative of the predominant styles within the community. (5) Article VIII. Article VIII, Supplemental Development Regulations, addresses elements such as antennas, that sometimes are tacked on to homes that otherwise display good design character- istics. Standards for these elements are provided in this article. CD70:7 § 70-4 GULF STREAM CODE (6) Article IX. Finally, an appendix is included in article IX. This includes a glossary of architectural terms, an explanation of the development review process, details of the historic survey and single-family development survey, a discussion of color, and a bibliography. These are included as reference materials but are not formally a part of this chapter or chapter 66. (b) Illustrations. The illustrations contained within this chapter address and respond to the oppor- tunities for enhancing and preserving the visual environment of the town. (c) Design standards. The design standards in this chapter provide the town with a methodology and common framework for reviewing submissions for project approvals. The design standards contained herein are either mandatory or discretionary. The terms "required" and "prohibited" are mandatory. The terms "preferred" and "discouraged" are discretionary. These terms are defined below: (1) Required. a. Required items are design elements that are necessary in order to maintain the desired character and quality of the zoning district within which they are located. b. Compliance is mandatory for project approval. (2) Preferred. a. Preferred items are design elements that, whenever possible, should be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are those typically found in the town and which, in combination with other preferred items, define the existing and desired character of the town and the zoning districts. Preferred items are thought to comply with the 'following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating preferred items into a design increases the probability of, but does not assure, project approval. (3) Discouraged. a. Discouraged items are design elements that should not be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are not typically found in the town and detract from the existing and desired character of the town and the zoning districts. Discouraged items are thought to not comply with the following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating discouraged items into a design decreases the probability of project approval and may result in project denial. In order for a discouraged item to be approved, applicants must show, and the town must find, that the proposed item is not inconsistent with the above goals. The use of more than three discouraged items on any property is prohibited. CD70:8 GULF STREAM DESIGN MANUAL (4) Prohibited. § 70-25 a. Prohibited items are design elements that do not maintain the desired character or quality of the zoning district within which they are located and are not permitted under current codes or regulations. b. The use of more than three discouraged items on a property is prohibited. C. Use of prohibited elements mandates project denial. (d) Additional standards and criteria. Please note that the chapter constitutes only one small subsection of the Land Development Regulations found in this Code. While compliance with the standards found in articles I through VIII of this chapter is essential to final project approval, compliance with several additional standards and criteria also may be necessary before a building permit can be issued. Accordingly, users of this chapter are strongly advised to familiarize themselves with all federal, state and/or town regulations that might apply to a particular type of project. To assist in determining which town regulations may apply, users are encouraged to review the tables and flow chart contained in section 70-297 of this chapter. Users also are encouraged to direct questions to, and share information with, town planning staff as early as possible in the plan development stage. Secs. 70-5-70-25. Reserved. CD70:9 s CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley February 16, 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, FEBRUARY 23, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ArWTvTrA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 1-26-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. March 22, 2012 @ 8:30 A.M. b. April 26, 2012 @ 8:30 A.M. C. May 24, 2012 @ 8:30 A.M. d. June 28, 2012 @ 8:30 A.M. e. July 26, 2012 @ 8:30 A.M. VI. Items by Staff. A. Proposed Zoning Code Changes 1. Subdivision Review a. Section 66-1, Definitions b. Section 70-71, Floor Area Ratio C. Section 70-68, Lot Size & Dimensional Requirements d. Section 70-4, How to Use This Manual 2. Section 70-238, Roofs 3. Section 70-100, Roof & Eave Heights 4. Section 70-51, Minor Accessory Structures 5. Section 66-367, Swimming Pools 6. Section 66-369, Docks VII. Items by Board Members. VIII. Public. IX. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JANUARY 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:30 A. M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the meeting to order at Robert W. Ganger Scott Morgan Thomas Smith Malcolm Murphy Paul Lyons, Jr. Thomas M. Stanley Amanda Jones William H. Thrasher Rita L. Taylor John Randolph Mark Marsh, Architect Bridges, Marsh & Assoc Grant Thornbrough Landscape Arch., A. Chairman Vice -Chairman Board Member Board Member Board Member Alternate Member Alternate Member Town Manager Town Clerk Town Attorney Agent for Roach and Davis Agent for Roach Grant Thornbrough & Assoc. Pat Scullen Gulf Stream School III. Minutes of the Regular Meeting and Public Hearing 12-22-11. Chairman Ganger said he hoped all Board Members had an opportunity to read both the 12/22/11 ARPB Minutes and the Minutes of the January 13, 2012 Commission Meeting. He said the Comp Plan revisions were approved by the LPA in context and some of the changes reflect the views of the ARPB. Chairman Ganger added that there were notations from Clerk Taylor concerning the process of revising the Comp Plan and Zoning Codes. Mr. Smith moved and Vice -Chairman Morgan seconded to approve the Minutes of the Regular Meeting and Public Hearing of 12/22/11. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. February 23, 2012 @ 8:30 A.M. b. March 22, 2012 @ 8:30 A.M. C. April 26, 2012 @ 8:30 A.M. d. May 24, 2012 @ 8:30 A.M. e. June 28, 2012 @ 8:30 A.M. f. July 26, 2012 @ 8:30 A.M. Mr. Smith asked if there would be a February meeting there will be a February meeting for the purpose of items concerning zoning code changes. There were no meeting schedule. Clerk Taylor said discussing other conflicts in the Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 2 VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Bridges Marsh & Associates, as Agent for Mr. & Mrs. Curtiss Roach, the owners of property located at 3560 Gulf Stream Road, Gulf Stream, Florida, 33483, which is legally described as Lot 3, Block 2, Polo Fields. a. SPECIAL EXCEPTIONS to permit two, one-story additions to the existing one-story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the same dwelling that would encroach 2.8 feet into the south side setback. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of three one-story additions, 809 square feet, to the existing one-story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. Chairman Ganger asked if there was any ex -parte communication concerning this matter. There were no declarations. Clerk Taylor administered the Oath to Mark Marsh, Grant Thornbrough and Patricia Scullen. Mark Marsh introduced himself and stated that Grant Thornbrough, Landscape Architect, was present to review the proposed landscape plan. Mr. Marsh described the existing home as a Gulfstream Bermuda Style of the 1960s, which is not conducive to current lifestyles, and he said the owners are asking for modest renovations, minor expansions and some interior renovation and remodeling. He displayed photos of the existing home as viewed from Gulf Stream Road showing a white tile roof, a nice roof line and simple architectural detail. Mr. Marsh said the home sits on a standard lot, it consists of 3200 SF and the expansions will take it to 3900 SF. Mr. Marsh said they propose an extension of the garage 7' to the east, an addition of a bedroom/office area/ cabana and extend the dining area on the northwest side, and an addition of an office/sitting area off of the master suite. He said the reason for the Special Exception is that these additions are maintaining the existing non -conforming setbacks, which were 12 12 feet many years ago when the house was built and are now 15' under current code. Mr. Marsh said they are in violation by 2.8 feet; however, he said in the past Staff and the ARPB have allowed such expansions that have no impact adjacent properties. Mr. Marsh said the plan modifications include moving the garage to the east to accommodate an interior laundry room, reworking the living room, family room, kitchen and foyer areas, and adding office/sitting areas and a cabana area. He said the courtyard has a very dark and alley -like feel and to capture the use of the courtyard they will reduce the wall Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 3 height and add a scallop and rail detail, create a trellis to serve as a winter porch and introduce an outdoor fireplace. With regard to the fenestration, Mr. Marsh explained that the detail along the east face of the home includes a Bay Window which will be replaced by casements with shutters to create a balance both inside and out. He said the existing sliding glass doors at the rear which face the pool area will be replaced with impact and the arched entryway will be simplified with plaster detail and simple embellishment. Mr. Marsh said the exterior wall color will be beige, the shutters will be a muted green, the projected garage will be an extended hip roof with white roof tile to match the existing. Vice -Chairman Morgan asked if there were any objections or comments by neighbors. Mr. Marsh explained that the only comments were from Gulf Stream School concerning the driveway, noise from the air conditioning and a drainage matter. He said the idea is to maintain the buffer and, therefore, they will relocate the driveway with hedging across the front and a small pedestrian entry into the motor court. They plan to replace the air conditioning units, but keeping them in the same location and they will eliminate the roof drainage with a new drainage plan. Pat Scullen of Gulf Stream School said there are no further objections as long as they maintain the hedge, which they have agreed to do. Mr. Marsh said there is a meandering well-established hedge along the north side of the property. He said the owners are environmentalists and appreciate the lush landscaping and they will maintain that hedge. He introduced Grant Thornbrough, the landscape architect, to explain the landscape plan. Mr. Thornbrough said the existing driveway is semi -circular and faces the Gulf Stream School parking lot. He said the proposed driveway will have one entrance and they will create a motor court area. The loose Chattahoochee material will be replaced with pavers, there will be a small seating area and planted areas in the motor court which will be enclosed by a short privacy hedge with piers and there will be a small pedestrian walkway into the motor court. He said there are low catch basins in the road and to avoid interference with the drainage the pedestrian walkway will be three steps up with a small privacy gate. Mr. Thornbrough described the front courtyard which will feature a trellis with vines, a small bench and a platform for decorative potted plants. It will also feature a propane gas log fireplace and the exterior finish on the chimney will match the exterior wall color and finish. He said the exterior finish is currently stucco, which may change slightly. Mr. Thornbrough said there will be a continuous walkway from the front yard to the backyard, new irrigation and not much additional landscaping along the sides of the home; however, he said they will work with the adjoining neighbors in an effort to maintain the meandering hedge and Areca Palms along the north property line for privacy. He said they will use the existing pool and the deck, which will require some pilings underneath, and will be resurfaced using a stamp concrete with sea glass. Mr. Thornbrough said there will be a small patio with a garden off of the office addition which will be Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 4 separate from the pool area, a small garden area around the pool and a Butterfly Garden with flowering plants in the back. Chairman Ganger asked about the road elevation and the house elevation. Mr. Marsh said the road elevation is 4 feet and the house elevation is 8.27 feet. Mr. Lyons asked about the School's concern regarding the drainage. Pat Scullen stated that the former owner of the home put downspouts through the hedge and the school property would get quite wet; however, she said this issue has been addressed. Vice -Chairman Morgan said his only concern was the non -conforming setbacks which will require the involvement of the north and south neighbors to work with the owner on landscaping. He complimented the consultants for maintaining the Old Florida look of the home. With regard to the roof plan, Mr. Smith asked about the Cricket. Mr. Marsh explained that it is elevated in the valley where two sloped roofs come together creating another interior sloped element which is called a cricket, and it diverts the water to the exterior. Chairman Ganger asked for comments from the Staff. Mr. Thrasher asked the consultants to verify the height of the piers in the front and the distance of the piers from the pavement. Mr. Marsh said the piers are 3 1� feet back from the property line and 6' to 8' back from the pavement. Mr. Thrasher said he would like to add the condition that the height of piers and distance from the edge of pavement would conform to Code Section 70-187, subsection 6, which prohibits the top of piers to be greater than 4' tall and the edge of the pier would be at least 7 l� feet from the edge of pavement. Vice -Chairman Morgan moved and Mr. Smith seconded to recommend approval of a Special Exception based on a finding that the proposed two, one- story additions to the existing one-story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and the single story addition to the dwelling that would encroach 2.8 feet into the south side setback meet the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Vice -Chairman Morgan moved and Mr. Murphy seconded to recommend approval of the Level III Architectural/Site Plan based on a finding that the proposed construction of three one-story additions, 809 SF, to the existing one-story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback meet the minimum intent of the Design Manual and applicable review standards, with the condition that the height of piers and their location comply with Code Section 70-187, subsection 4. No Discussion. All voted AYE. VII. Items Related to Previous Approvals. A. Revision of an approved renovation at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis to permit the elimination of a 2 -story garage with storage/guest room Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 5 and the addition of a second story above the existing garage for storage/guest room. Mr. Marsh summarized the Davis application to renovate their existing home at 554 Palm Way which was approved last summer. He said construction began about two months ago and the owners have concerns about the proposed 2 -story detached building which would have been a one -car garage with a guest room and exercise area on the second floor. The structure cannot be attached to the house because of a 10 -foot drainage easement which dissects the property; however, he said the owners feel that a detached structure would be too remote from the main house and they would like to maintain that open space as a play area for the children. Mr. Marsh said they would like to eliminate the detached structure and are proposing to expand the existing two -car garage and add a second floor, which would be a full suite consisting of a guest room and bath and an exercise room. He said the entry element of the existing garage currently faces north and they are proposing to expand the garage about 12' to the north with flip garage doors facing east and a half -garage door facing north for bicycles and other recreational equipment. The entry into the second floor of the garage will be from an interior staircase going up to a loft play area and then into the exercise room and guest suite. Mr. Marsh displayed drawings of the new plan showing all views. He said the owners are going with a ventless fireplace and, therefore, propose removing the chimneys. Mr. Marsh displayed the new rendering, saying they have simplified what they refer to as the service area of the home by removing the heavy dramatic piers and creating wing walls instead. He said he would like the Board to support the removal of the piers. Vice -Chairman Morgan pointed out that there appears to be bars over the sidelight windows on the north elevation. Mr. Marsh said it is grillwork. In addition, Mr. Marsh stated that the grey roof tile which was originally presented to the Board may be revised to add mottling to the grey. Chairman Ganger said the Board is in the process of looking at the section of the Code that addresses roof tile and, therefore, the Board will definitely need to review any revisions in that regard. Mr. Marsh said he will come back to the Board with the actual tile, saying that it will be closer to the roof tile used in Ocean Ridge. Mr. Thrasher said, for the record, this went to Urban Design for calculations in two areas. The first was the FAR, and their response indicated that a variance would be required to exceed the FAR. In discussing the matter, Mark Marsh and Marty Minor worked it out and the plan was modified to conform to the FAR. He said the second area was the calculations of percentage of second story to first story, which seemed to be a bit massive with a 26% increase. Mr. Thrasher said Staff was trying to accommodate Mr. Marsh, but if he had more time for review he would have commented that the house as presented appears to be massive and not in context with the neighborhood. In closing, Mr. Thrasher stated that the FAR now conforms and the second story coverage has always conformed. Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 6 Mr. Marsh explained that Marty Minor said the square footage and FAR did not correlate with their calculations. He said the ground floor has a brick veneer on concrete block and the owner could not decide whether to keep the brick and stucco over the brick or remove the brick and stucco over standard concrete block. Mr. Marsh said he took calculations to the outside face of the brick, which created the FAR situation. He said the owner has decided to keep the brick and stucco over it. He said with regard to the other issue, the house has water on two sides, it is set back far from the edge of the water, they are 60 feet from the road at any point and they are 57% uncovered. Vice -Chairman Morgan said he had the same impression as Mr. Thrasher when reviewing the plans because there seemed to be massing on the north side when changing this property. He said the previous drawing had symmetry and now, with the ancillary wing and the elevated garage on the northwest side, the elevations caught his attention. Mr. Marsh said his presentations are always in 3D because it shows mass and imbalance. Vice -Chairman Morgan moved and Mr. Smith seconded to approve the revised renovations of 554 Palm Way to permit the elimination of a 2 -story garage with storage/guest room and to permit the addition of a second - story above the existing garage for a storage/guest room, the elimination of the chimneys, the elimination of piers as submitted, with additional drawings to come, and with submission of the adjustment of the color and texture of roof tile. There was no further discussion. All voted AYE. The ARPB Meeting was recessed at 9:30 A.M. to review a letter from Vice - Chairman Morgan addressed to the ARPB regarding changes to Article II of the Gulf Stream Design Manual/Single Family Districts, Art.II, Section 70; and, to review the Memorandum from Marty Minor of Urban Design Kilday Studios addressed to William Thrasher regarding subdivision analysis. The Meeting reconvened at 9:40 A.M. VIII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-238, Roofs 2. Section 70-100, Roof & Eave Heights 3. Section 70-51, Minor Accessory Structures 4. Section 66-367, Swimming Pools 5. Section 66-369, Docks 6. Section 66-1, Definitions 7. Section 70-71, Floor Area Ratio 8. Section 70-68, Lot Size & Dimensional Requirements 9. Section 70-4, How To Use This Manual Chairman Ganger suggested beginning with items having zoning in progress. Mr. Randolph explained that zoning in progress is in place or any item being considered for change by the Board, such as subdivisions, lot dimensions and any item under study, whether it was discussed at a previous meeting or during this meeting and it is reflected in the Meeting Minutes. Chairman Ganger asked for Mr. Randolph's insight, specifically concerning subdivisions because case law is cited, and Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 7 Vice -Chairman Morgan asked Mr. Randolph to go over the Memorandum from Urban Design while it is still fresh. Chairman Ganger said the Commission is expecting the recommendations from the ARPB and he said when the State and Treasure Coast Regional Planning Counsel comments concerning the amended changes to the Comp Plan are received, there should be one change to the Comp Plan and one change to the Code at the same time. Mr. Randolph said, per the request of the Board, Mr. Minor included a list of lots in his Memorandum which may be subject to subdivision in the future. He said Mr. Minor also took note that the County has a provision regarding Coastal High Hazard Areas which indicates that no increase in density or subdivision should be included in Coastal High Hazard Areas. Mr. Randolph said he sent Mr. Minor a copy of Tequesta's Ordinance in that regard, which may no longer exist, showing that other communities had something in place which was similar to Palm Beach County in that respect. He said Mr. Minor looked at subdivision codes from other municipalities and saw that some are more complete than Gulf Stream Code. Mr. Randolph said the Board is not in a position to finalize anything today; however, he said suggestions, recommendations and proposed criteria included in Mr. Minor's Memorandum are worthy of continued study and consideration. Mr. Randolph said the Board may not implement all of the criteria, but he said one of the most specific proposed criteria provides that a subdivision shall be in character with other lots within 500 feet in any direction of the subdivision. He recommended that the Board ask Mr. Minor to continue with the study and come back with his presentation. Mr. Randolph said Mr. Minor pointed out the Burt Harris Act which was adopted about 15 years ago. He said any regulation in effect prior to the Burt Harris Act is not subject to the Act, but any regulation adopted subsequent to the Act would be subject to it. Mr. Randolph said the Burt Harris Act provides that if persons having reasonable investment -back expectations in a property at the time of purchase and regulations are imposed subsequent to the Act which could diminish their reasonable investment -back expectations and their property is diminished in value, the entity imposing those regulations may be subject to the provisions of the Burt Harris Act and may be responsible to pay the difference incurred as a result of the regulation. He said communities should not fear the Burt Harris Act, but should consider it in their planning process. Mr. Randolph said when the Commission is determining whether to put new regulations in place they should give consideration to how the Act will impact those regulations. Mr. Randolph was asked, if a change had been made by the Board with respect to subdivisions prior to the Spence matter that would have potentially restricted the purchaser to the use of that property, would the next step have been some form of appraisal. Mr. Randolph confirmed that and said it would only relate to the regulations that were imposed subsequent to Burt Harris. He said the reasonable investment -back expectations would have applied to the prior owner of the property and, if they wanted to sell to a developer and regulations were imposed prior Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 8 to their sale they would have had a cause of action and the next step would be to get an appraisal. The appraiser could say that, as a result of the regulations put in place, the property has diminished in value at "X" amount, which would present an opportunity for mediation between the Town and the property owner to come to an agreement. If an agreement is not reached, the property owner could go to court. Mr. Randolph was asked if existing Code predates Burt Harris and he confirmed that saying most of the Code was in place prior to Burt Harris and there have been substantive changes, but none that would invoke the Burt Harris Act. He said if regulations in Section 70-4 allowed the Town to give consideration to the size of surrounding lots when determining whether or not a subdivision could be approved, he believes those regulations were in effect prior to Burt Harris. Mr. Randolph said the concern should be with any future amendments made to the Code that could invoke Burt Harris. Mr. Randolph was asked, what if in five years from now someone wants to subdivide and states they were not aware of the impact on the value of their property five years ago, but they are now. Mr. Randolph said that question went unresolved in the courts for a long time because they questioned whether or not the year runs from the time of the imposition of the code or from the imposition of the regulation on their property. He said he would look into that for clarification. Mr. Randolph was asked if there was anything in the proposed criteria that does not already exist in the Code which could invoke Burt Harris, and if there is a stipulation in the Code with regard to the 500 -foot rule. In response, Mr. Randolph said the 500 -foot rule does not currently exist in the Code, unless we can determine that Section 70-4 is similar, and he said that would have been the one criteria proposal he would have pointed out in Mr. Minor's list that could invoke Burt Harris. Mr. Randolph said the other criteria are very general, almost implying "shall protect the character of the Town." He said, if put into place it would not change the current state of the law as it relates to subdivisions and it would not invoke Burt Harris, but neither does it provide a tool to allow the Town to turn down a subdivision. Mr. Randolph summarized the other criteria saying Bullets 43 and 44 are similar and Bullets 45 through 49 are implied in existing language of the Code. Chairman Ganger asked if the 500 -foot rule is appropriate and has it been tested. Mr. Randolph said he has discussed this with Marty Minor and he needs to do some research in other codes with regard to the 500 - foot rule. Vice -Chairman Morgan said the point of his letter was to show that the 500 -foot rule is already in the Code and, with regard to the Spence Property, the Board may have considered this and felt that the property was not inconsistent with the character of the Town. Mr. Randolph said there are no decisions being made today and he encouraged the Board to not act too quickly in putting new language in place. He said as these matters are being studied, the Town Manager cannot grant building permits until the study is complete. Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 9 Vice -Chairman Morgan asked if there are State Laws that may be in conflict with what the Board is trying to accomplish. Mr. Randolph said there is specific case law with regard to subdivisions, one in particular which provides that as long as a subdivision application is in conformity with all of the lot, yard and bulk regulations within a zoning district, the municipality has no discretion as to whether or not they can turn it down. He said he would like to study Chapter 163 which addresses Coastal High Hazard Areas and examine that with regard to the Burt Harris Act. He will look for language putting people purchasing property on notice that if they are in a Coastal High Hazard Area the municipality may have a right to restrict further density and subdivision within that district. Mr. Randolph said that, although the Town may not have that language in effect, if Chapter 163 gives notice to people purchasing property that such restrictions may go into effect in a Coastal High Hazard Area it may be a defense for Burt Harris if the Town is ever in a position to defend itself. Chairman Ganger said the State has removed that policy and the County has chosen to maintain it and, therefore, DCA will not be looking at this, but it may come back. He said we are a municipality within a county that has this policy and we should lean heavily on it. Mr. Randolph said if the Board feels any of Mr. Minor's recommendations are worthy of study, the Board should ask him to continue and come back with his findings. He said there may be an opportunity for the Board to include provisions beyond lot size when giving consideration to subdivision. Mr. Randolph said there is more than lot size included in the current Code, such as road width, easements and lot frontages and, after reviewing Mr. Minor's findings and further case law, the Board may find one or two items that would be helpful or find nothing further to impose. Mr. Randolph said it may be necessary to have a study of what the actual lot sizes are of all homes within a particular district as opposed to what the Zoning Code calls for and we may find that most of the lots are larger than the minimum lot size in the Code. If that is so, it would be justification to increase minimum lot size. If it shows that they are all as set forth in the Code, it would be difficult to select certain areas in a zoning district to increase lot size. When asked if it would invoke Burt Harris if lot size is increased, Mr. Randolph confirmed that, but he said it would depend on how much the lot size was increased. Chairman Ganger used the empty lot recently annexed into Gulf Stream as an example and Mr. Randolph said that different laws may come into play. He said State Law says that the zoning applicable in the County will apply until rezoned by the Town. Chairman Ganger said there are 24 lots that have the potential for subdivision and asked if it is worth the effort to seek opportunities to maintain the scale of the community. He said citizens of the community do not want to see massive subdivisions, which is why we are addressing the matter. Mr. Randolph said Mr. Minor has provided the information requested by the Board and, if the Board feels that the report is dramatic enough to impose further regulations he suggests that Mr. Minor continue a study of the items he proposed from the standpoint of specific regulations and the Coastal High Hazard Areas. Clerk Taylor Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 10 said she has a question concerning the lots Mr. Minor chose and believes it is strictly by lot size. She said the beachfront requires that frontage be 150 feet and she is not sure this was taken into consideration when counting the lots that could be divided. Clerk Taylor said some of the lots include canals and they should not be counted. Chairman Ganger asked Mr. Minor to be more specific with lots and land mass and to tighten the language. Mr. Randolph said it seems as though the Board would like the study to continue with regard to lot size and dimensions and with regard to subdivisions, to include the various items discussed today, such as Coastal High Hazard Area and some of the proposed criteria. He recommended that the Board make a motion to authorize the Consultant to move forward with a study of all of the items considered today, specifically those items which were included in the Consultant's January 25, 2012 Memorandum, the Coastal High Hazard Area, lot size and dimensions and subdivision viability. Vice -Chairman Morgan moved and Mr. Smith seconded to authorize Urban Design Kilday Studios to continue their study and subdivision analysis, following up on issues raised in their January 25, 2012 Report and issues discussed at this meeting, specifically looking at lot size and subdivision viability, Coastal High Hazard Area and how it may impact any decision by the Architectural Review and Planning Board and the Town Commission, and other legal ramifications. There was no further discussion. All voted AYE. IX. Items by Board Members. Mr. Lyons addressing the transient housing issue. the Town's jurisdiction; however, he said Commission will consider changes in their transient housing as early as February 7, 21, 2012. asked if Gulf Stream would be Chairman Ganger said it is not the City of Delray Beach regulations relating to 2012 or as late as February X. Public. There were no items by the Public. XI. Adjournment. Mr. Smith moved and Vice -Chairman Morgan seconded to adjourn the Meeting. The Meeting was adjourned at 10:35 A.M. Gail C. Abbale Administrative Assistant Potential Code Changes; 2012 1. Section 70:238. Roofs (a); Page CD70:93 Required. White flat untextured tile, except that gray slate or slate -style may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval Recommended Changes: Required. Flat, white thru and thru, smooth, un -coated tile, except that gray, slate or slate -style, may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences, subject to Level II approval. 2. Section 70-100. Roof and eave heights Define preferred, discouraged and prohibited height of entry feature. Recommended Changes: Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such element. Height: Preferred, From eight feet to 14 feet. Discouraged, From 14 feet to 16 feet. Prohibited. Greater than 16 feet. 3. Section 70-51 Minor accessory structures (2); Page CD70:24 In -ground swimming pools and spas Recommended Changes: Add "Waterfalls" 4. Section 66-367 Swimming pools Recommended Change: Add (j) No grotto shall be permitted in any zoning district. A grotto shall be considered and artificial structure or excavation made to look like a cave or cavern. (k) Waterfalls, minor accessory structures, shall not exceed 4' in height as measured from the average finished grade of the property and the back side of the structure shall be screened from off -premises view with landscape material. 5. Section 66-369 Docks (7); Page CD66:71 Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. Recommended Changes: No concrete docks are permitted. All docks will be made from natural materials. 6. Section 66-1 Definitions Recommended Change: Basement shall mean that portion of a building which is below the finished floor elevation of the building. A basement is not considered a story with regards to height measurement of a building. The square footage of a basement shall be included in the FAR calculations at 50% and not be usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the structure. 7. Section 70-71 Floor Area Ratio Recommended Change: Seeking Input 8. Section 70-68 Lot size and dimensional requirements. Recommended Change: Seeking Input 9. Section 70-4 How to use this Manual Recommended Change: Seeking Input GULF STREAM DESIGN MANUAL § 70-238 (b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a transition between first and second stories. A few critical stepbacks on a building are better than several minor stepbacks that only complicate the facade and create busy architecture. (c) Preferred. Balconiesy. Simple rectangular config- urations ti Single story garages Smaller second story con- figurations 4 k Stepbacks to second story (d) Discouraged. Angular walls Complex facade treatment (excessive multi -layer stepbacks) Stepbacks, smaller second story, single story garage, and a balcony help to Sec. 70-238. Roofs. articulate and give appropriate scale to this house (preferred). (a) Required. White flat untextured tile, except that gray slate or slate -style tile may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval. (b) Preferred. Combination hip/gable roofs Decorative capped chim- ney Exposed rafter tails Flashing, vent stacks, and pipes painted to match ad- jacent building surface Hip roof Low pitched roofs (6:12 slopes) Roof overhang (2-2Y2 feet) Simple roof geometry em- phasizing long horizontal lines White flat untextured tile Gulf Stream- Bermuda style white tile roof (required) OC, Corr. CD70:93 § 70-238 (c) Discouraged. Dormers on single story GULF STREAM CODE houses Gable Pyramidal hip (often has too steep of slope) Very low pitched roofs (slope less than 5:12) (d) Prohibited. Barrel tiles -� Front gable except for en- try features - - Gambrel Mansard Monolithic roof design where inadequate mea- sures were taken to re- duce massing and height Roof detail showing exposed rafter tails and decorative capped chimney of roof design (preferred) Pan tiles Shed Shingles Tiles other than white flat untextured tiles or gray slate tiles Unnecessarily complex roof geometry (Ord. No. 00-1, §§ 56, 57, 3-10-00) OC, Corr. CD70:94 § 70-99 GULF STREAM CODE Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory structures) Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow Primary color tiles and shingles Roll tile and similar tile styles in all districts except Place Au Soleil S -Tile in all districts except Place Au Soleil Solar panels on the streetside Unnecessarily complex or monolithic roof design All white tile other than flat cement tile (Ord. No. 00-1, § 36, 3-10-00; Ord. No. 03-9, § 2, 10-10-03) Sec. 70-100. Roof and eave heights. (a) Generally. (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential/human scale. Most structures in the town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (2) Roof height is measured from the top of the first finished floor to the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same eave line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but are not limited to, chimneys, cupolas, decorative towers, dormers, and small cut-outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features, if used, should provide a sense of arrival to visitors, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 feet for entry features) Eave lines: Three or less Roof features: Three or less visible per building side Roof heights: 20 feet or less (24 feet or less for roof features) (2) Discouraged. Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) Eave lines: Four Roof features: Four visible per building side Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) OC, Corr. CD70:46 GULF STREAM DESIGN MANUAL § 70-100 (3) Prohibited. Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) Eave lines: Five or more Roof features: Five or more visible per building side Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (c) Two story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts—From eight feet to 12 feet for one-story portions (from eight feet to 14 feet for entry features) 22 feet six inches or less for two-story portions All other districts—From eight feet to ten feet six inches for one-story portions (from eight feet to 14 feet for entry features) 21 feet or less for two story portions Eave lines: Four or less Roof features: Three or less visible per building side Roof heights: 22 feet or less for one-story portions (2) Discouraged. Eave heights: Beachfront and Ocean West Districts—Between 12 and 14 feet for one-story portions (between 14 and 16 feet for entry features) Between 22 feet six inches and 24 feet six inches for two-story portions All other districts—Between ten feet six inches and 12 feet six inches for one-story portions (between 14 and 16 feet for entry features) Between 21 feet and 23 feet for two-story portions Eave lines: Five Roof features: Four visible per building side Roof heights: Between 22 feet and 26 feet for one-story portions (3) Prohibited. Buildings with more than two and one-half stories Eave heights: Beachfront and Ocean West Districts—Less than eight feet or greater than 14 feet for one-story portions Greater than 24 feet six inches for two-story portions. All other districts—Less than eight feet or greater than 12 feet six inches for one-story portions Greater than 23 feet for two-story portions Eave lines: Six or more Roof features: Five or more visible per building side CD70:47 § 70 -loo GULF STREAM CODE Roof heights: Greater than 26 feet for one-story portions For two-story portions greater than the following for each zoning district: District Height in feet Gulf Stream Core 30 (roof features may extend to 35) Ocean West 30 (roof features may extend to 35) Beach Front 35 (including roof features) North/South 30 (roof features may extend to 35) Place Au Soliel 30 (roof features may extend to 35)" CD70:48 GULF STREAM DESIGN MANUAL § 70-101 Preferred ■ Four or less eave lines Prohibited Six or more eave lines Line 3 Line 2 Line 1 Above graphic illustrates eight different eave lines, adding unnecessary complexity to the elevations. (Ord. No. 00-1, §§ 26, 37, 3-10-00; Ord. No. 03-1, § 1, 4-11-03) Sec. 70-101. Windows. (a) Generally. (1) Windows not only provide light and ventilation but add to the aesthetics of a building by creating rhythm, proportion, distinction and articulation. Certain styles of windows correspond to specific CD70:49 + + & ¥ & E \ §@ R C ■ K | | / ■ | § § 4 § ■| �I �§�f| 7� ,.|■,�||wf|)�||||� + + & ¥ & E \ §@ R C & 4t A & b rA, O OR mill k� & 4t A & b rA, HER 1 PEM 01JR!, = -1 "Ill INN", CQ rn rvoiswa LU .fyt, r ,. i a �.: 7 ,' i § 70-49 GULF STREAM CODE (b) These prohibitions shall not extend to telephonic transactions and communications. Sec. 70-50. Private schools. Any private school conducted in any single family residential zoning district may continue to be used as such under the provisions of sections 66-131 et seq. of this Code, provided however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private school, may be replaced, or another building substituted in place thereof; repaired and maintained from time to time as shall be necessary for the effective operation and maintenance of such private school; and further, any development permits, orders or written agreements granted or executed by the town prior to the adoption of this chapter shall remain in full force and effect. Sec. 70-51. Minor accessory structures. The following structures shall be considered as minor accessory structures in all five single family zoning districts subject to specific setbacks established in this chapter. Any structure which is larger or more intensive shall be subject to the same setbacks as the principal structure. (1) Detached, one-story structures of 300 square feet or less and 18 feet or less in height, including but not limited to: Garages/sheds Gazebos Greenhouses Guest houses Pool cabanas/bathhouses Trellises/arbors (2) Permanent recreation facilities, including but not limited to: Batting cages/backstops Forts and playhouses In -ground swimming pools and spas Paved/special surface areas and accompanying equipment and/or fencing for tennis/squash/ racquetball, basketball, shuffleboard, putting greens/sand traps, etc. Swing sets and other playground equipment (3) Fountains. (4) Mechanical equipment and television antennae/satellite dishes. (5) Decks and patios with elevations greater than eight inches above highest abutting grade. (6) Awnings with leg supports and those otherwise extending more than three feet out from a structure. (7) Docks, boat lifts, and davits. (8) Flagpoles. CD70:24 § 66-351 GULF STREAM CODE tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit. (Ord. No. 83-1, § 2(X, K), 4-8-83) Sec. 66-352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or noxious by reason of the emission of any dis- charge, odor, gas, dust, smoke, vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community. Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83-1, § 2(X, J), 4-8-83) Cross reference—Nuisances, ch. 22. Secs. 66-353-66-365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66-366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi- cation antennas may be permitted in any zoning district upon site plan review and approval by the town commission and upon issuance of a building permit by the town. (b) Broadcast receiving antennas or communi- cation antennas shall be attached to the main building or structure and shall not extend more than five feet above the highest portion of the roof. (c) Satellite television antenna systems may be permitted in any zoning district upon site plan review and approval by the town commission and the issuance of a building permit by the town. (d) Satellite television antenna systems shall not exceed 12 feet in diameter or width. (e) Satellite television antenna systems shall be considered as accessory structures and shall be subject to the applicable site plan review require- ments and regulations of this chapter. (f) Unless specific approval is granted by the town commission, satellite television antenna sys- tems shall be ground mounted and located in such areas as to be screened or buffered from view from adjacent properties, rights-of-way, the Intracoastal Waterway and/or the Atlantic Ocean. (g) There shall not be more than one satellite television antenna system, broadcast receiving antenna or communication antenna per residen- tial building or condominium association on any platted lot or parcel. (h) Upon receipt of site plan approval and prior to the issuance of a building permit for satellite television antenna, the town commission shall review the installation plans, which plans must be signed and sealed by a professional engineer registered in the state who shall certify that the proposed satellite television antenna system is wind resistant with an ability to with- stand winds up to 140 miles per hour. The calcu- lations and such certification by the engineer shall be submitted along with the plans. (Ord. No. 83-1, § 2(X, H), 4-8-83; Ord. No. 84-7, § 2, 12-14-84) Sec. 66-367. Swimming pools. (a) No swimming pool shall be located, de- signed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool. ZONING (b) Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect away from adjoining premises. (c) A pool may be located within an enclosed courtyard, patio, etc., provided it is to the rear of the required front yard setback line. (d) All enclosed swimming pools shall be in conformity with the setbacks required by the zoning district in which it is located. (e) Unless otherwise specified elsewhere in this Code, unenclosed or open swimming pools in the "RS" single-family residential district shall be located a minimum of 25 feet from front property lines; provided, however, that any swimming pool located on property fronting on SR AlA shall be subject to the established 78 -foot centerline set- back. (f) Swimming pools shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or par- cels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (g) All pools shall be enclosed by a self-locking, child resistant fence, wall or equivalent barrier at least four feet high, except as provided elsewhere in this Code, and in no event shall a pool be exposed to open view from any public roadway. (h) No aboveground pools of any nature shall be permitted in any zoning district. An aboveground pool shall be considered a pool constructed or assembled of any material and whose top edge exceeds two feet in height above the average finished grade of the lot or site. (i) All pools shall be landscaped so as to pre- vent exposure to off -premises view from any pub- lic roadway, any public or private right-of-way, and the ground level of any adjoining property. However, this subparagraph shall not be con- strued so as to prevent the exposure of pools to open view from public or private waterways. (Ord. No. 83-1, § 2(X, I, 1), 4-8-83; Ord. No. 92-5, § 1, 9-28-92; Ord. No. 00-1, §§ 18, 19, 3-10-00) Sec. 66-368. Tennis courts. § 66-369 (a) No tennis court shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the tennis court. (b) No lights shall be used in any manner so as to illuminate any tennis court. (c) All tennis courts shall be in conformity with the setbacks required by the zoning district in which it is located. Any tennis court located on property fronting on SR AIA shall be subject to the established 78 -foot centerline setback. (d) Tennis courts shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (e) All tennis courts shall be enclosed by a fence, open wall or equivalent barrier and in no event shall a tennis court be exposed to open view from any public roadway. (Ord. No. 83-1, § 2(X, I, 2), 4-8-83) Sec. 66-369. Docks. In the single-family residential district, one dock per lot of record shall be permitted in accor- dance with the following: Supp. No. 1 CD66:69 (1) Site plan review required. All new docks and significant alterations to existing docks shall require site plan review and ap- proval. (2) Permitted as accessory use. Docks shall be permitted only as an accessory use to single-family dwellings for the exclusive use of the dwelling's occupants (residents and nonresident members of the occupant's family and resident guests at the dwell- ing). Docks shall not be permitted on vacant lots unless the vacant lot is adja- cent to a developed lot under the same ownership and a unity of title has been recorded. . V. A - ,r, ZONING minimum offset from the setback centerlines. For lots with designated water frontage less than 100 feet the docking zone shall have a minimum five-foot offset from each of the set- back centerlines. In the case of cove end lots and lots with a water front- age of 100 feet or less, neither boat nor dock shall exceed a length of 70 feet. For rounded corner lots, water frontage is determined by the mid- point of the arc. For purposes of determining designated water front- age, dock widths, setbacks and max- imum boat lengths for each water- front lot within the Town, the figures contained within Exhibit "B" at- tached hereto and incorporated herein shall apply. [See the end of this sec- tion.] In cases with multiple water frontages, owner must treat each frontage according to the appropri- ate size category. In the case of low profile piling boat lifts, the lift shall be located in the following manner. The first piling shall be placed a minimum of twenty feet (towards center of the lot) from the setback line with the pilings extending into the docking zone no farther than twenty feet from the seawall. For lots with setbacks of more than fifteen feet on either side, the twenty foot mea- surement for the first piling shall be mea- sured from the setback on the side with the largest setback. f. A maximum of one dock box shall be permitted which shall be no higher than 30 inches and no larger than 24 cubic feet. § 66-369 g. Light fixtures shall be installed in a manner that provides safe pedes- trian circulation using low voltage lighting with a maximum fifty watts mounted no higher than three feet above the dock at a minimum spac- ing of ten feet on center. Lights are to be step, path or marine type fix- tures. Fixtures must project down- ward at a minimum 45 -degree angle from the horizontal plan tangent to the top of the light source fixture and allow no light spillage onto ad- jacent properties. No fixture shall be mounted to the seawall. h. Subject to level one site plan ap- proval, a maximum of one floating platform may be permitted in lieu of a boat lift for the purpose of storing small watercrafts. The floating plat- form shall be constructed of nonfer- rous material, be black in color and may not rise more than 12 inches out of the water. No more than two wa- tercrafts of a maximum length of 14 feet shall be stored on the floating platform. The platform dimensions shall not exceed eight feet in width or 16 feet in length. All watercrafts shall be stored parallel to the sea- wall. A floating platform must be removed after three months of dis- use. (7) Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. (Ord. No. 83-1, § 2(X, I, 3),4-8-83; Ord. No. 91-24, § 3, 10-21-91; Ord. No. 00-1, §§ 20, 21, 3-10-00; Ord. No. 04-9, § 2,2-11-05; Ord. No. 05-2, §§ 1-6, 9-9-05; Ord. No. 008-4, § 4, 9-5-08) Supp. No. 1 CD66:71 ZONING ARTICLE I. IN GENERAL Sec. 66-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abutting shall mean having a common border with, or being separated from such common bor- der by, an alley or easement. Access shall mean the principal means of in- gress and egress to property from a publicly dedicated right-of-way. Accessory building, structure or use shall mean a building, structure or use on the same lot with, and of a nature customarily incidental and sub- ordinate to, the principal building, structure or use. Acre, net. See Net acre/net land area. Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is con- nected by a firewall or is separated by indepen- dent perimeter load-bearing walls is new construc- tion. Adjacent shall mean that which lies near or close to, not widely separated or necessarily touch- ing. Adjoining shall mean that which is joined or united, actually touching. Alley shall mean a dedicated public right-of- way other than a street which provides only a secondary means of access to abutting property, is not over 20 feet in width and is not intended for general traffic circulation. Alterations, as applied to a building or struc- ture, a change or rearrangement in the structural parts of the existing facilities, or an enlargement, whether by extending on a side, or by increasing the height, or the moving from one location or position to another. § 66-1 Antenna shall mean a device for radiating and/or receiving television or radio signals. Antenna structure shall mean an antenna con- sisting of two or more radiating elements, gener- ally similar which are arranged in such a manner as to obtain direction radiation patterns. It in- cludes any structural members which are neces- sary to maintain the proper electrical relation- ships between the radiating elements, including the mast or other structure used to support the array as a whole, but does not include the trans- mission line which supplies energy to or receives energy from the array as a whole. Apartment. See Dwelling, multiple -family. Appeal shall mean a means for obtaining re- view of a decision, determination, order, or failure to act pursuant to the terms of this chapter. Area of shallow flooding shall mean a desig- nated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard shall mean the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Awning shall mean any movable rooflike struc- ture cantilevered or otherwise entirely supported from a building, so constructed and erected as to permit its being readily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. Base flood shall mean the flood having a one percent chance of being equalled or exceeded in any given year. Base flood elevation shall mean the height above mean sea level expected to be reached by the 100 -year flood. Basement shall mean that portion of a build- ing, the ceiling which is entirely below grade or less than three feet above grade. A basement is Supp. No. 1 CD66:7 § 66-1 GULF STREAM CODE not considered a story with regards to the height measurement of a building. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the build- ing. Bedroom shall mean a room other than a kitchen, dining room, living room, bathroom or closet which is marketed, designed or otherwise likely to function primarily for sleeping. Block shall mean a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulk- head lines, or shorelines of waterways, or corpo- rate boundary lines of the town. Breakaway wall shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces with- out causing damage to the elevated portion of the building or the supporting foundation system. Breezeway shall mean a roofed, open -sided pas- sageway connecting two separate structures, or two separate portions of the same structure. Broadcast receiving antenna shall mean an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broad- cast services, including AM, FM and TV. Building area shall mean the portion of a lot remaining after required setbacks have been pro- vided. Building shall mean any structure built for the shelter, support or enclosure of persons, animals, chattels or movable property of any kind; and, when separated by division walls without opening from the ground up, each portion of such struc- ture shall be deemed a separate building, and for the purpose of this chapter, all porches, projec- tions, cornices and eaves shall be deemed and considered a part of a building. The word "build- ing" shall include the word "structure." Building, detached, shall mean a building hav- ing no party walls in common with another build- ing. Building front shall mean that exterior wall of a building which faces a front lot line of the lot. Building height shall mean the vertical dis- tance measured from the point of first floor base flood elevation of the building site to the highest finished roof structure including any rooftop su- perstructure or appurtenance. Building line shall mean a line on a lot, gener- ally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter. Building official shall mean that person who is designated by the town commission and is charged with the responsibility of enforcing and adminis- tering the various land and building regulations of the town. Building permit shall mean the document or certificate issued by the town building official or other designated official which verifies adherence to all applicable development regulations and gives permission to the permit applicant to pro- ceed with the actions for which the permit was requested. Building, principal, shall mean a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. Building site shall mean a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belong- ing to the same. Bulk shall mean the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines. Carport shall mean a freestanding covered area or a roofed area open on one, two or three sides and attached to a building, either of which is designed for the storage of one or more vehicles or boats. Supp. No. 1 CD66:8 § 70-69 Sec. 70-69. Unity of title. GULF STREAM CODE In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. Sec. 70-70. Floor area calculation. For purposes of computing the floor area ratio, floor area shall be defined as follows. "Floor area" shall mean the gross floor area of a structure as measured from the outside of the exterior walls and shall include or exclude the following: (1) All floor area under a solid roof whether or not the area is enclosed with walls (i.e., porches, balconies, breezeways, etc.) shall be included. (2) Areas under awnings with leg supports or those that extend more than three feet out from a structure shall count as one-half shall be included. (3) Floor area under ceilings which are higher than 15 feet shall count as double. (4) Areas under screen enclosures shall count as 1/2. (5) Areas under eaves or roof extensions of 21/2 feet or less shall not be included. (6) Areas in basements shall not be included. (7) Areas in attics that cannot be used for living area shall not be included if the ceiling height does not exceed 61/2 feet and there are no windows. (Ord. No. 00-1, § 28, 3-10-00) Sec. 70-71. Floor area ratios. (a) Sliding scale floor area ratio (FAR). (1) Floor area ratio (FAR) is the relationship between a building's total floor area and the area of the lot it sits on. If a building is 2,500 square feet and it sits on a lot of 10,000 square feet, its FAR is .25. This direct relationship results in the ability to build bigger homes on bigger lots. While a ratio of total floor area to lot size such as .25 may be appropriate for smaller lots, on larger lots the result can be unnecessarily and inappropriately large homes. This is particularly a problem when two lots are combined and are now twice as large as the lots next door. This section provides a methodology for maintaining a reasonable opportunity to build larger homes on larger lots, while recognizing that the relationship to the scale of an existing neighborhood is an important community character concern. (2) In order to establish a sliding scale which reduces floor area ratio yields on larger lots; the following FAR step down shall be used: Effective Lot Area I Gulf Stream Core Ocean West Beachfront North/South I Place au Soleil Maximum FAR First 20,000 .33 .33 square feet .33 .33 .33 Portions over 20,000 square .20 .20 .20 .20 .20 feet+ Supp. No. 1 Example 1: 45,000 square foot lot in Beachfront District. First 20,000 square feet x .33 = Next 25,000 square feet x .20 = Total 45,000 square feet CD70:28 6,600 square feet 5,000 square feet 11,600 square feet maximum floor area GULF STREAM DESIGN MANUAL § 70-71 Example 2: 30,000 square foot lot in Ocean West District. First 20,000 square feet x .33 = 6,600 square feet Next 10,000 square feet x .20 = 2,000 square feet Total 30,000 square feet 8,600 square feet maximum floor area . Example 3: 18,000 square foot lot in Place au Soleil. First 18,000 square feet x .33 (b) Neighborhood context floor area ratio. 5,940 square feet maximum floor area (1) In order to address the potential problem created when two lots are aggregated in a district of predominantly small lots, the neighborhood context FAR shall be followed. This special FAR calculation will apply only to new lots in excess of 20,000 square feet created in the Gulf Stream Core or Place au Soleil Districts after the adoption of this chapter. (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 13,000 square feet x .20 Total 33,000 square feet b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 Neighbor 2 lot: 16,000 square feet x .33 Total 6,600 square feet 2,600 square feet 9,200 square feet maximum floor area 4,290 square feet maximum 5,280 square feet maximum 9,570 square feet max _ 2 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 Gulf Stream Core Ocean West Beachfront NorthlSouth Place au Soleil Neighbor- Lots greater than 20,000 Lots greater than 20,000 hood Context square feet created after N/A N/A N/A square feet created after FAR Applica- adoption of this manual adoption of this manual bility (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 13,000 square feet x .20 Total 33,000 square feet b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 Neighbor 2 lot: 16,000 square feet x .33 Total 6,600 square feet 2,600 square feet 9,200 square feet maximum floor area 4,290 square feet maximum 5,280 square feet maximum 9,570 square feet max _ 2 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 § 70-71 GULF STREAM CODE (4) For lots subject to neighborhood context FAR, the methodology for identifying abutting lots is as follows: Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00-1, § 26, 3-10-00) :14 ' `'4 3c .; End Lot 13'1 J� 5 t 12 t t 6 15 •'s.... o t.16 10 g Corner Lot 25 24 .23 22t:21420.18 2627:.'28 :,Yt 31 19 'l J.Y i ✓ L= t—1 ` Interior Lot Combined Lot Types Sec. 70-72. Special exception floor area ratio (FAR). (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 Abutting Neighbor #1 Abutting Neighbor #2 For interior lots, abutting lots are: the side lot the other side lot example: if lots 29 and 30 are combined, abut- ting lots are: lot 28 lot 31 For corner lots, abutting lots are: the side lot which faces the same the largest lot directly across the street same street example: if lots 7 and 8 are combined, abutting lots are: lot 6 lot 17 For end lots, abutting lots are: the side lot the next nearest lot on street example: if lots 1 and 2 are combined, abutting lots are: lot 3 lot 4 Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00-1, § 26, 3-10-00) :14 ' `'4 3c .; End Lot 13'1 J� 5 t 12 t t 6 15 •'s.... o t.16 10 g Corner Lot 25 24 .23 22t:21420.18 2627:.'28 :,Yt 31 19 'l J.Y i ✓ L= t—1 ` Interior Lot Combined Lot Types Sec. 70-72. Special exception floor area ratio (FAR). (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 SLI/ GULF STREAM DESIGN MANUAL § 70-68 ARTICLE IV. SITE DEVELOPMENT REGULATIONS Sec. 70-66. Generally. Typically, zoning regulations affect the size and location of development on individual lots and establish the basic building envelope. The development standards in this article respond to the unique characteristics of the town's five single-family zoning districts and address community concerns regarding the mass of new construction and its impact on neighborhood character. Sec. 70-67. Effective lot area. (a) Because many of the site development regulations contained in this chapter are a function of lot size, the definition of the term "lot size" becomes very important. One of the key goals of this chapter is to maintain a proper proportion and scale between buildings and between buildings and the land. Accordingly, it is necessary to establish an "effective lot area" in order to meet this goal. (b) All references to "lot size" or "lot area" in this chapter shall have the same meaning as "effective lot area" which is defined as follows. "Effective lot area" shall mean the platted/recorded lot area minus the following: (1) Any submerged lands. (2) Any lands east of the Coastal Construction Control Line established in 1978. (3) Any lands separated from the main portion of the lot by public or private roads. (4) Any lands used for private road surfaces including an additional ten feet of area beyond the edge of the pavement of a private road. (5) Any unrecorded public right-of-way which shall be determined by using an average of the recorded right-of-way adjacent to other properties along the same roadway. Sec. 70-68. Lot size and dimensional requirements. The following requirements shall apply only to lots created after the adoption of this chapter. Nonconforming lots which were legally subdivided and recorded in accordance with the regulations in effect at the time of the subdivision, but prior to the adoption of this chapter, shall have all building rights provided under this chapter and chapter 66 provided all other applicable requirements are met. Minimum Lot Size and Gulf Stream North/ Place au Dimensional Requirements Core Ocean West Beachfront South Soleil Effective Lot Area 16,500 30,000 30,000 20,000 15,000 Width Front 100 100 150 100 100 (Rectangular Shaped Lot) Front/Point 40 40 N/A 40 40 (Pie Shaped Lot) Other Lots shall have a All lots shall have a minimum frontage minimum of 150 feet of 100 feet on both of frontage on both AIA and Gulf AIA and the ocean. Stream Road where Land -locked lots are adjacent to both. prohibited. (Ord. No. 00-1, §§ 26, 27, 3-10-00; Ord. No. 008-5, § 1, 9-5-08) Supp. No. 1 CD70:27 GULF STREAM DESIGN MANUAL § 70-4 (c) In addition to the design standards contained in this chapter, for convenience, the specific mandatory land development regulations are included to facilitate an overall understanding of the review criteria to which new construction is subject. North Ocean Boulevard entering Gulf Stream Sec. 70-4. How to use this manual. (a) Organization. This chapter is organized into nine articles. The user is encouraged to read the chapter in its entirety. This chapter is a full part of the town's land development regulations and has the same force and effect of all other provisions contained therein. (1) Articles III and IV. Article III, Use Regulations, and article IV, Site Development Regulations, contain land development regulations which are mandatory and apply to all of the single-family zoning districts. These are the typical zoning -type regulations found in most other codes. (2) Articles V through VIII. Articles V through VIII provide design standards and establish a basis for review and approval of all new single-family construction or remodeling. Article V, Areawide Standards, applies to all single-family homes in the town. Provisions with respect to Gulf Stream -Bermuda and Mediterranean Revival architecture (see article VII) are not applicable if an alternate architectural design is selected. The reader is encouraged, however, to become familiar with their provisions in that they are the preferred styles in most of the town. (3) Article VL Article VI, District Standards, provides more specific design direction for the five single-family zoning districts established in this chapter. The user should identify the applicable district and should study it carefully to ensure that the unique characteristics of and appropriate design direction for that district are incorporated into any design proposal. (4) Article VIL Article VII, Predominant Architectural Styles, contains design standards for Gulf Stream -Bermuda and Mediterranean Revival styles of architecture. As discussed, these styles are not mandatory but are indicative of the predominant styles within the community. (5) Article VIII. Article VIII, Supplemental Development Regulations, addresses elements such as antennas, that sometimes are tacked on to homes that otherwise display good design character- istics. Standards for these elements are provided in this article. CD70:7 § 70-4 GULF STREAM CODE (6) Article IX. Finally, an appendix is included in article IX. This includes a glossary of architectural terms, an explanation of the development review process, details of the historic survey and single-family development survey, a discussion of color, and a bibliography. These are included as reference materials but are not formally a part of this chapter or chapter 66. (b) Illustrations. The illustrations contained within this chapter address and respond to the oppor- tunities for enhancing and preserving the visual environment of the town. (c) Design standards. The design standards in this chapter provide the town with a methodology and common framework for reviewing submissions for project approvals. The design standards contained herein are either mandatory or discretionary. The terms "required" and "prohibited" are mandatory. The terms "preferred" and "discouraged" are discretionary. These terms are defined below: (1) Required. a. Required items are design elements that are necessary in order to maintain the desired character and quality of the zoning district within which they are located. b. Compliance is mandatory for project approval. (2) Preferred. a. Preferred items are design elements that, whenever possible, should be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are those typically found in the town and which, in combination with other preferred items, define the existing and desired character of the town and the zoning districts. Preferred items are thought to comply with the 'following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating preferred items into a design increases the probability of, but does not assure, project approval. (3) Discouraged. a. Discouraged items are design elements that should not be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are not typically found in the town and detract from the existing and desired character of the town and the zoning districts. Discouraged items are thought to not comply with the following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating discouraged items into a design decreases the probability of project approval and may result in project denial. In order for a discouraged item to be approved, applicants must show, and the town must find, that the proposed item is not inconsistent with the above goals. The use of more than three discouraged items on any property is prohibited. CD70:8 GULF STREAM DESIGN MANUAL (4) Prohibited. § 70-25 a. Prohibited items are design elements that do not maintain the desired character or quality of the zoning district within which they are located and are not permitted under current codes or regulations. b. The use of more than three discouraged items on a property is prohibited. C. Use of prohibited elements mandates project denial. (d) Additional standards and criteria. Please note that the chapter constitutes only one small subsection of the Land Development Regulations found in this Code. While compliance with the standards found in articles I through VIII of this chapter is essential to final project approval, compliance with several additional standards and criteria also may be necessary before a building permit can be issued. Accordingly, users of this chapter are strongly advised to familiarize themselves with all federal, state and/or town regulations that might apply to a particular type of project. To assist in determining which town regulations may apply, users are encouraged to review the tables and flow chart contained in section 70-297 of this chapter. Users also are encouraged to direct questions to, and share information with, town planning staff as early as possible in the plan development stage. Secs. 70-5-70-25. Reserved. CD70:9 s CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley February 28, 2012 CONTINUATION OF THE REGULAR MEETING AND PUBLIC HEARING THAT WAS HELD ON FEBRUARY 23, 2012, IS BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON FRIDAY, MARCH 2, 2012 AT 8:00 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA AGENDA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 2-23-12. IV. Items by Staff Continued from 2-23-12. A. Proposed Zoning Code Changes 1. Subdivision Review a. Section 62-10, Proposed Criteria b. Section 66-1, Definitions C. Section 70-71, Floor Area Ratio d. Section 70-68, Lot Size & Dimensional Requirements e. Section 70-4, How to Use This Manual 2. Basement Definition Section 66-1 a. Definitions used in other municipalities V. Items by Board Members. VI. Public. VII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, FEBRUARY 23, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:30 A,. M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the meeting to order at Robert W. Ganger Scott Morgan Thomas Smith Paul Lyons, Jr. Amanda Jones Thomas M. Stanley Malcolm Murphy William H. Thrasher Rita L. Taylor John Randolph Marty Minor of Urban Design Kilday Studios Mrs. Cuppy Craft Chairman Vice -Chairman Board Member Board Member Alt. Member sitting as Board Member Alternate Member Board Member Town Manager Town Clerk Town Attorney Town Consultant 10 Little Club Rd. III. Minutes of the Regular Meeting and Public Hearing of 1-26-12. Chairman Ganger thanked Mr. Randolph for preparing the Bert Harris Act information and he thanked the Board for reading the material provided in their packet. He said the Minutes are a bridge to what will be discussed today and he asked if there were any questions or comments concerning the January Meeting Minutes. Mr. Smith moved and Vice - Chairman Morgan seconded to approve the Minutes of the Regular Meeting and Public Hearing of January 26, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. March 22, 2012 @ 8:30 A.M. b. April 26, 2012 @ 8:30 A.M. C. May 24, 2012 @ 8:30 A.M. d. June 28, 2012 @ 8:30 A.M. e. July 26, 2012 @ 8:30 A.M. Chairman Ganger asked if there were conflicts with the meeting schedule. Mrs. Jones: May be available May 24th; will not be available June 28th and July 26th. Vice -Chairman Morgan: Will not be available March 22nd Mr. Lyons: May be available June 28 h; will not be available July 26tH Chairman Ganger said it will be necessary to establish a quorum for these discussions and he asked the Board to inform Clerk Taylor of these and any additional conflicts in the meeting schedule well in advance. He said he hopes to have zoning matters resolved by summer and said it Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 2 would be best to submit zoning changes and any tweaking to the Comp Plan at the same time. VI. Items by Staff. A. Proposed Zoning Code Changes Mr. Thrasher stated that Marty Minor was present to guide the Board through discussions of the zoning items. 1. Subdivision Review a. Section 66-1, Definitions Mr. Thrasher said staff is concerned with the definition of "basements" and thought about what could be changed to prevent a similar situation that exists on County Road. He referred to page 66-7 of the Code and read the current definition of "basement", as follows: "Basement shall mean that portion of a building, the ceiling which is entirely below grade or less than three feet above grade. A basement is not considered a story with regards to the height measurement of a building. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the building." Chairman Ganger referred to the situation cited on County Rd. and said there is an entrance into the lowest story, which is the garage, and he asked if the floor of the basement is at the same level as the garage floor, and Mr. Thrasher said confirmed that. Chairman Ganger asked if the Code should also prohibit entrances that are visible from the street. Mr. Thrasher read Staff's recommended change to the definition of "basement," as follows: "Basement shall mean that portion of a building which is below the finished floor elevation of the building. A basement is not considered a story with regards to height measurement of a building. The square footage of a basement shall be included in the FAR calculations at 50o and not be usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the structure." Mr. Thrasher said the entire area below finished grade in the structure on County Road is livable, and he said the reason for changing the Code to what it is today was that the only concern was the massing of the structure and that anything below the finished floor elevation did not add to the mass of the structure, which is true. He said the definition, in part, has caused some of these issues and Staff feels that if you include a margin of that area as FAR, people may think twice about where they put their allowable FAR. Mr. Smith referred to a new home under construction on N. Ocean Blvd which has a basement that can hold 15 cars and he asked Mr. Thrasher if that project would have been impacted by this proposed language. Mr. Thrasher said it would have been impacted and so would every structure that has a basement that was created after the original date of the Code. Vice -Chairman Morgan asked how many other properties could be affected. Clerk Taylor said anything on a hill, or dune and Mr. Thrasher added that the DEP offers little support to the Town's Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 3 concerns. He said there are other areas that could potentially create this situation because of elevation, such as a home on Gulf Stream Road that has a basement. Mr. Thrasher said in a previous discussion concerning this matter a comment was made that it is not unusual to control habitable space in a basement and that some percentage is typical. Mr. Minor confirmed that. Mr. Lyons said it is different in the Northeast because an entire basement, all four sides, is below grade. Mr. Thrasher said finished floor grade is determined in the Code by other factors such as the crown of the road and the lowest grade between residences and, after that is determined and depending on the contour of the land, you have the potential of a basement area. Chairman Ganger asked if there is anything in the Code to prevent people from going below grade in flood zones. Mr. Thrasher said livable space is presently controlled by 7.0 finished grade and when you try to renovate more than 500, or a certain percentage, and you have a grade below that flood plain elevation, you must get appraisals on value. He said the key factor may be the percentage of the home that is livable space and basement. Chairman Ganger said if you look at the structure on County Road from the golf course it appears to be three stories, and he said the ARPB recognized this when the project was presented to them, they made their recommendations to the Commission and the Commission did not uphold their recommendations. Mr. Thrasher said they modified the Code. Chairman Ganger said he believes the responsibility of the ARPB is to make appropriate recommendations and stand by their decisions. Mr. Lyons asked if the structure is built in compliance with existing Code and Mr. Thrasher said it was permitable under the current Code. Mr. Lyons asked if the proposed language would have eliminated this structure and Mr. Thrasher said the proposed language would have altered the design of this structure. Vice -Chairman Morgan said the proposed language seems straight forward, it only modifies the use of basements and does not prohibit them, and he asked if there is anything objectionable to the way the proposed language is presented. Mr. Smith said he agrees with the 50% in the proposed language, but he said it may be too restrictive with respect to use of a basement. He said, for example, his home could have a 10 -foot basement where he could have a workshop or a small office rather than just using it for storage. Mr. Thrasher said the language in the previous code was much more restrictive than what he is proposing for discussion. Mr. Randolph asked why language in the Code prohibiting occupancy of basements was taken out. Clerk Taylor said the previous Code provided for the right of inspection from time to time to ensure that the area was not converted to bedrooms and so forth. She said, when going though his approvals, the owner of this particular home expressed violent objection claiming that would intrude on his privacy, and, therefore, the Commission radically changed the language in the Code. Chairman Ganger said he is seriously concerned that people will use basements as bedrooms and putting more people in homes, and maybe renting the space for income. He said the definition of a boarding house includes having a place to eat and sleep and we restrict commercial activity in Gulf Stream. Vice -Chairman Morgan said he agrees with Mr. Smith in that an Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 4 office, workshop or recreational activity is acceptable; however, he said we want to avoid someone using the space for sleeping and cooking. Clerk Taylor said if you count the entire basement area in the FAR, the structure on County Road would be one story less. She said if you count a garage at the side of a house at 100% in the FAR, what would be the difference if you count a garage that is under the house at 100% in the FAR, and she said use of the space would not matter if you did that. Mr. Thrasher suggested that, in the language we use, we articulate in a way that would eliminate the requirement of post -construction inspections or deed restrictions. Mr. Stanley suggested that the percentage counted for FAR be determined by District and Mr. Thrasher said he thought it should be restricted in some way. Mr. Minor said Clerk Taylor's suggestion is very good in that it addresses Chairman Ganger's concern because it makes the homeowner decide where to put their livable space. With regard to defining height of a basement, anything less than 5' or 3' would be considered traditional crawl space and could be allowed without being counted. He said 7' or 8' may be considered storage space, but he said it may be acceptable to some people as living space. Chairman Ganger asked if there is an established height that would discourage habitation. Mr. Minor said maybe 6' within the basement, but he said with respect to height from finished floor grade he would like to keep the height at 3' and that would not be included in the FAR. Chairman Ganger asked Mr. Thrasher to refine the proposed language to be consistent with comments and suggestions made by Mr. Minor and Clerk Taylor and Mr. Thrasher said he would put something together. Cuppy Craft asked for permission to comment. Chairman Ganger allowed public comment at this time. Mrs. Craft said she lives at 10 Little Club Road, which is just behind the subject home on County Road. She said neighbors are not concerned with the use of the basement, they are concerned and distressed with the access to the basement, saying that it is offensive, it is below the Coral rock and it is unsafe. Mr. Thrasher said the current language in the Code allows that to happen. He said the owner wanted to maximize the usability of that space and thought they could do that by lowering it, which created the drop-off. Mrs. Craft asked the Board to address the drop-off. Chairman Ganger thanked Mrs. Craft for her comments and said the Board is working on the matter by working on the definition and height of basements. Mr. Lyons said that basements are very common in the Northeast and said he gathers from history that the Town prefers not to have usable basements. Mr. Randolph said basements in the Northeast are generally enclosed on all four sides and not visible from the street and in Gulf Stream we are concerned with appearance. Mr. Thrasher said in every District, with the exception of Ocean West and Beachfront, the Code controls size of a second story, which can be no more than 75% of the first story. He said we carte blanche basements allowing them to be 100% of the first story and it makes no sense to not have some control over the size of a basement. To have that become part of the FAR calculations places the responsibility on homeowners to maximize their Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 5 potential for the sale of their home. Mr. Smith said Clerk Taylor's suggestion of the 100% covers it and he suggested increasing the FAR calculation to 100%, eliminate the reference to use and define a basement as something that is taller in height of more than 5' or 6' from floor to ceiling, or whatever height suggested by the consultant. Mr. Randolph asked Mr. Smith if he was suggesting no restriction on use. Mr. Smith confirmed that, saying 100% eliminates the necessity to describe use because owners would have to conform to Code with regard to use and it also eliminates the policing of it. He also suggested leaving in Mr. Minor's recommendation of no more than 3' above grade because it is in the current language. Mr. Thrasher said finished grade must be determined by the crown of the road, average height between homes and existing grade of buildable area of lot. Mr. Randolph said they would look into whether it is necessary to include that. Chairman Ganger said it seems to be the consensus of the Board that Mr. Thrasher fine tune his proposed language regarding the definition of basements, using Clerk Taylor's suggestion of the 100% and Mr. Minor's suggestion of some height limit, and present that language to the Board at their next meeting. Mr. Randolph said a motion will not be necessary if it is a consensus. There was a consensus. b. Section 70-71, Floor Area Ratio Mr. Thrasher said this item is brought forward for discussion as it relates to controlling subdivisions and size, and he said he and staff feel that the FAR seems to work for us as it is. However, he said if you include FAR in a combination of things to get a better feeling of potential subdivisions, it is worthy of discussion. Mr. Randolph said the FAR has nothing to do with subdivisions and should not be considered in the regulation of subdivisions. He said it should be done in the Subdivision Code and not in the Design Element. Mr. Thrasher said FAR was brought into the discussion at a previous meeting about the size and massing of new homes on Polo. Mr. Lyons remembered that Vice -Chairman Orthwein commented at a previous meeting that while lowering the FAR will address homes being massive in size, should we consider amending the Code that addresses design issues to stop the construction of blocky -looking buildings. Mr. Thrasher said Mr. Morgan also commented on massive homes in that area and thought the FAR may have been incorrectly calculated or the data used in making a decision was wrong. He said, subsequently, the Town started asking Mr. Minor to run through calculations and floor plans to determine whether or not we should do more than rely on an Architect's sealed drawings. Mr. Thrasher said they found some minor changes that were enough to require one person to modify their plans. Mr. Minor said he can request Auto Cad drawings from an architect and run them through his program to calculate FAR, and he said that kind of enforcement will help define some of the issues. He said when looking at FARs, or the equivalent lot coverage of height, up and down the coast, Gulf Stream is not the smallest, but it is at the lower end in relationship to everyone else. However, he said when deciding whether or not to include other design features, such as setback of second stories or length of overhangs, FAR is something to look at to avoid the issue of blockyness and massing. Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 6 Chairman Ganger said that architects have software and Cad Cam to assist in calculations and he asked about technology that can assist the Board in their evaluation process. Mr. Randolph said there was an architect the Town used in the past who could show numbers transposed into elevations and asked if he might be willing to do that again. Clerk Taylor said he probably would. Vice -Chairman Morgan suggested drafting additional design language that would assist in restricting the second story so that all buildings will comply with the Code and Design Manual. Mr. Thrasher said that second story coverage at 75% has been an issue in the past and on more than one occasion Staff has asked for assistance from Mr. Minor. He said this has happened several times where, from a visual standpoint, two-dimensional elevations seem to present something that is out balance. Mr. Thrasher said a perfect example of this is on Palm Way where calculations were sent to Mr. Minor for recalculation and it came back acceptable, but it did not look right. He said if it meets the mathematical requirements in the Code there is nothing we can do, and he said maybe the language is too lenient. Mr. Smith said the homes to be constructed on the Spence Property will be two-story and the Board will experience these issues when those plans are presented to them. He said Vice -Mayor Orthwein commented on the lineal straight up from the ground appearance and she is probably looking for some stepback in the front and on the sides. Mr. Thrasher said there are two factors in the Code that address this, one being square footage coverage percentage where, in the Core for example, the second story can be no more than 750 of first story. He said the second has to do with the stepback that the second story must be from first story. Chairman Ganger asked if any communities require three-dimensional presentations. Mr. Randolph confirmed that and said some require a model or a CAD presentation. He said the meeting room would need a screen, a projector and more to accommodate that. Mr. Thrasher said technology is great, but he said this room cannot accommodate the equipment. Chairman Ganger said Vice -Mayor Orthwein has raised a real issue and he feels the Town should request proposals on what is required to use existing technology that would assist in the evaluation process. Mr. Randolph said the first step is to amend the Code to include certain provisions and then have someone like Mark Marsh come in to show us what those provisions will look like before imposing them. He said Gulf Stream's Code is unique to all of Palm Beach County in having the Design Manual. He said if proposals meet the Design Manual the Board has very little discretion, but he said other jurisdictions such as Palm Beach and Jupiter Island have architectural review boards and impact review committees where they allow themselves more discretion. They can look at a house and see if it is in keeping with the character of a neighborhood. Chairman Ganger said it would be helpful in the evaluation process to view Level II and Level III presentations in a more interactive way than on a flip board and we should use all of the tools that are available to us. Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 7 Mr. Randolph asked Chairman Ganger if he is looking for an explanation of what we currently have in place in the Code dealing with mass and design issues, along with a suggestion as to what can be done to address these issues in the Code as it exists. Chairman Ganger confirmed that. He said having studies done and asking architects to change the way they do things can be very expensive and, before time and money is spent, he would like to inform the Commission of how the Board is addressing these issues. Chairman Ganger said he would like input from the Commission in hopes that they would encourage the Board to move forward. Clerk Taylor said that when the Code was established these steps were set up. She said the Commission has approved the list of zoning items for the ARPB to work on and, therefore, the Board has Commission approval to study these issues and then make their recommendations to the Commission. Clerk Taylor said the Town Manager knows how much money is available and he will let you know if spending is getting out of line. Mr. Randolph asked about the recommendation of new technology. Mr. Thrasher said he has no idea what that would cost and Clerk Taylor reminded the Board that the Commission did not give that to the Board as an assignment. Chairman Ganger said it would not be costly to find out what other communities are using. Mr. Thrasher said he could inquire and get some estimates and ideas, but he said the Board should decide whether or not they would like to engage Marty Minor and his recommendation is to do SO. Mr. Smith noted that Section 70-70. Floor area calculation. Item (6) reads "Areas in basements shall not be included." He said we need to amend Section 70-70 to eliminate Item (6) if the Board makes the recommendations changes in Section 66-1. Mr. Lyons wanted clarification of what we are asking from Mr. Minor with regard to blocky -looking structures. Chairman Ganger said we are asking for language that is missing from the current Code that will assist us in the evaluation process by helping us understand presentations to recognize whether or not they meet the FARs. In addition, he said we would like to know if there is technology available to help with calculations so that we have looked at something better than a blueprint or architectural drawings before making recommendations to the Commission. Vice -Chairman Morgan said the current Design Manual has allowed excessive mass of a structure and we are asking Mr. Minor to evaluate that and come up with what is causing this and what we can do to reduce mass. Mr. Minor said his understanding of what the Board is asking is where the Code can be modified to avoid some of the bulkier issues. With regard to software, he said it is common for architects to have three-dimensional modeling software and there is a program called "Sketch -Up" which takes two-dimensional and turns it into three- dimensional. The Board recessed from 9:40 A.M. and reconvened at 9:45 A.M. C. Section 70-68, Lot Size & Dimensional Requirements Mr. Thrasher said comments have been made indicating that lot size and dimensional requirements may need to be changed and he noted that this is found at Section 70-68 in the Code. He said, as an example, we have an effective lot area minimum of 16,500 in the Core, 30,000 in Ocean Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 8 West and Beachfront, 20,000 in North-South and 15,000 in Place Au Soleil, with frontage and things of that nature. Mr. Thrasher said Mr. Minor provided an inventory of those properties that have potential to be subdivided under most of the requirements of the Code. He said it is difficult to do, but he asked Mr. Minor if he looked at how someone might configure a driveway or a roadway. Mr. Minor said the difference in this report compared to the January report is that they looked at effective lot areas, taking out water, and they used a scale map provided by the GIS Consultant so they could estimate how much was water and how much was outside the Coastal Construction Line. He said they looked at minimum lot widths and lot sizes in each zoning district and they did look at possibilities of where a road could go, but did not spend much time on that. Mr. Randolph said Mr. Thrasher is presenting this as a consideration of Section 70-68 regarding lot size and dimensional requirements and he asked Mr. Minor if he is concerned with lot size and dimensional requirements within the Town. He said Mr. Minor prepared a document that seems to deal with lots that have potential to be subdivided as opposed to a document that was prepared as a study to determine whether or not current lot size and dimensional requirements are correct. Mr. Randolph said if you are going to amend 70-68 you will need a thorough study of the lots in the Town and the different districts of the Town to determine how they have been developed. He said if lots have been developed as 125 -foot lots and Code requires that they shall be 100 -foot lots, it would be evidence to assist in revising the Code. If lot sizes throughout the Town are fairly consistent with what exists in the current Code, the study should not relate to 70-68, but rather to the subdivision regulations, which is what he thought was the Board's direction to Staff and the purpose of the preparation of the document. Chairman Ganger said they wanted facts and the map is clear. He said lots developed in the Ocean West District tend to be large and the characteristic of the District, as described in the Design Manual, is larger homes on large wooded lots with water. Chairman Ganger said it appears that the characteristic of that District is large-scale and if you change the characteristics of the Ocean West District by subdividing into smaller lots, you will be making it more like the Core and other districts of the town. Mr. Minor said it would be somewhat smaller than what currently exists in the Ocean West District, but it is still almost double of what exists in the Core. Chairman Ganger said when the Spence property was redeveloped, the concern was that it would change the characteristic of the district. He asked if there is data that suggests subdividing large lots into small lots will go to Bert Harris, and is one large lot worth more than two smaller lots. He asked if it would be better to impose esthetic restrictions rather than financial restrictions. Mr. Minor said he included potential criteria in his January report to assist the Town in determining whether a subdivision is appropriate. He said it provides general guidance that is missing in current subdivision regulations, it provides criteria to be complied with and addresses conformity to surrounding parcels that helps maintain the existing Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 9 character of a neighborhood. Mr. Minor said these criteria are common in more advanced zoning codes and does not create prohibition or sever restriction, but rather provides guidance to the Town in making decisions. He said, for example, we encourage all multi -family areas to become single family and certain provisions in the Code may suggest it would require a subdivision. Mr. Minor said his recommendation is to provide more criteria to address these situations. Mr. Thrasher asked Mr. Minor if he is suggesting there are ways to modify the Code to protect the desire for subdivisions to fit within the character of a neighborhood. Mr. Minor confirmed that and Mr. Thrasher said it sounds like the direction we should take. Mr. Lyons asked if we could be getting into Bert Harris by crossing the line if we went in Mr. Minor's direction. Mr. Randolph said potentially, but he said you will not know until you deny someone. Chairman Ganger said it is important to let it be known that the Town is trying to preserve the character of one of their neighborhoods that is different from the others. Mr. Randolph said you are not asking for a study to be made of this district to determine whether or not the district regulations should be modified, but rather you are focusing on the subdivision regulations and whether or not we can incorporate the language Mr. Minor is proposing. Mr. Randolph said the Board should determine whether or not this is dramatic enough to do anything and not just focus on the Ocean West District. Chairman Ganger agreed. Vice -Chairman Morgan said the criteria Mr. Minor is proposing flushes out existing general criteria in the Code and provides clarity as a guideline for the Board and Commission as they review these applications. Chairman Ganger said the Board will soon be looking at houses for the six lots on the Spence Property and we will be looking at how to maintain the character of the district. Mr. Randolph said those guidelines currently exist in the Code. Vice -Chairman Morgan asked if the criteria set forth by Mr. Minor place the same discretionary onus on the Board as before, and he asked if the ARPB will have the discretion to deny. Mr. Randolph said yes, but he said Bert Harris may come into play and the ARPB will have the necessary tools to deal any Bert Harris liability. He said, for example, if someone were to say you have placed restrictions on their property where, under the old Code they could have subdivided into two lots and now, using your discretion, you have indicated that only one lot is permissible, they can make a claim and you will have the tools to deal any Bert Harris liability. Mr. Randolph said the potential liability would be if they came in for a building permit and they were denied. He said at that point they would have to come in with an appraisal showing that you have denied their reasonable investment back expectations and you would then have to make the determination as to whether that is true or whether one larger lot is more valuable than two smaller lots. Mr. Randolph said he would not avoid putting tools in force that are beneficial to the Town because you can always negotiate a Bert Harris matter at a later time. Mr. Lyons asked how to handle a one-year claim. Mr. Randolph said, for example, if someone is denied a subdivision of six lots and only gets four lots, their one year could run from the time of denial of their Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 10 building permit or from denial of their subdivision, but to avoid that you give notice to them that you are imposing this regulation and they then have one year to make a claim. Vice -Chairman Morgan asked if notice would have to be sent to all affected property owners if a change is made to a Code regulation in the Design Manual. Mr. Randolph said you would not notice all property owners, but he said there would be notice by advertising in a newspaper. Chairman Ganger said the process has been that the ARPB makes recommendations to the Commission, the Commission either objects, modifies or approves, there are new ordinances with two hearings for first and second readings, which will be advertised for public notice. Mr. Randolph said to avoid Bert Harris going on forever, you would only give notice to property owners who are directly affected in Bert Harris and then there is the potential for appraisers coming in. Chairman Ganger asked if it would be enough for someone to make a claim if we said no further subdivisions are permitted in Town, versus providing a new set of guidelines to help the Board give definition to maintaining character and including criteria such as the 500 -foot rule. Mr. Randolph said it is possible and you have to wait and see. Vice -Chair Morgan said there are a number of recommended subdivision criteria in Mr. Minor's January report that could be included. Mr. Minor said he could bring that criteria back in a separate document for further discussion and he can also provide a graphic showing what 500 feet looks like on an aerial. Vice -Chairman Morgan said he likes criteria, but he said he also likes a general statement that sets forth guidance which he believes we already have. He referred to his letter of January 25th wherein he recommends modification of Section 70-27(c) at line 5 to read: . . . proposed projects must incorporate design features that are compatible with, and complimentary to, the preferred elements and overall character of the district, including parcel size, parcel shape, architecture and landscaping. Mr. Thrasher said, it would be helpful if Mr. Minor could take the proposed criteria and overlay it on the Spence Property as a case study, if it is not very difficult or expensive. Mr. Minor agreed to do that. Chairman Ganger said the surrounding neighbors of the Spence Property effectively argued for a public road to serve the new homes rather than using existing roads, which changed the character of the design and took away a substantial amount of acreage that could have been used for other purposes. He said roads take space and have other issues with respect to maintenance, fire and so on and he would like to provide guidelines for contractors to consider before they address a subdivision. Chairman Ganger asked if the proposed criteria to avoid traffic congestion and eliminate conflict between pedestrian and vehicular movement should be included and he asked if there are other criteria that would require addressing access before addressing subdivision. Mr. Minor said the spacing of access points on roadways is very important. He said it is appropriate to have separate driveway access from a local street rather than from an area such as Ocean Boulevard where you should limit access points by congregating them. Mr. Minor said he will look at the general wording for access, but he said he is not sure he can draft something to cover both situations. He said determining access is done on a case-by- Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 11 case basis. Clerk Taylor said there is something in our current Code in the subdivision regulations that says the plat must include access and, therefore, contractors know it is something they have to address. Mr. Smith excused himself from the meeting at 10:20 A.M. Chairman Ganger said we have regulations in place and we have not lost sight of our goal to maintain the character of our neighborhoods, but he said we want to make things clearer in the subdivision regulations. Mr. Thrasher said the current language relating to roads is sufficient. Chairman Ganger said that leafy and meandering driveways and large homes should be addressed and clarified in our Code. Mr. Thrasher suggested consideration of having more than one meeting a month to address these items and maybe set some time limits. He asked the Board to schedule another meeting to take place in the next couple of weeks for the purpose of concentrating on the assignment given to Marty Minor. Mr. Thrasher asked Mr. Minor if he could have everything prepared by then. Mr. Minor said the FAR information may take a bit longer, but the basement language and the subdivision criteria will be prepared. Clerk Taylor said she would include all three items on the Agenda and Mr. Minor can present what is prepared. Mr. Randolph asked if Clerk Taylor could give the Board a time certain. Clerk Taylor asked for availability on Friday, March 2, 2012 at 8:00 A.M. There were no conflicts. Mr. Lyons moved and Vice -Chairman Morgan seconded to defer this meeting to reconvene at a time certain of Friday, March 2, 2012 at 8:00 A.M. There was no further discussion. All voted AYE. d. Section 70-4, How to Use This Manual 2. Section 70-238, Roofs 3. Section 70-100, Roof & Eave Heights 4. Section 70-51, Minor Accessory Structures 5. Section 66-367, Swimming Pools 6. Section 66-369, Docks There was no discussion concerning Item l.d. and Items 2 through 6. These items will remain on the list for a future meeting agenda. VII. Items by Board Members. There were no items by Board Members. VIII. Public. There were no items by the Public IX. Recess. The meeting was recessed at 10:30 A.M. to be reconvened at 8:00 A.M. on Friday, March 2, 2012. Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 12 CONTINUATION OF THE MINUTES OF THE REGULAR MEETING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, FEBRUARY 23, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA, WHICH WAS RECESSED AND RECONVENED ON FRIDAY, MARCH 2, 2012 AT 8:00 A.M. I. Call to Order: Chairman Ganger called the meeting to order at 8:05 A.M. II. Roll Call: Present and Robert W. Ganger Participating Scott Morgan (8:50 A.M. Thomas Smith Paul Lyons, Jr. Thomas M. Stanley Absent w/Notice Malcolm Murphy Amanda Jones Also Present and William H. Thrasher Participating Rita L. Taylor John Randolph Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Sitting as Bd. Member Board Member Alternate Member Town Manager Town Clerk Town Attorney Town Consultant III. Minutes of The Regular Meeting and Public Hearing of 2/23/12. Clerk Taylor asked to let the record show that both Malcolm Murphy and Amanda Jones are absent with notice, and she said Vice -Chairman Morgan has advised that he would be one hour late. Chairman Ganger stated that it would be necessary for him to leave at 9:50 A.M. IV. Items by Staff Continued from 2/23/12. A. Proposed Zoning Code Changes 1. Subdivision Review a. Section 62-10, Proposed Criteria Clerk Taylor said the Minutes of the February 23, 2012 Regular Meeting were included in the meeting packets; however, she said no action is required until the Regular Meeting and Public Hearing scheduled for March 22, 2012 at 8:30 A.M. She said the minutes will be continued to include the discussions of this meeting. Chairman Ganger said the February 23rd meeting was recessed after presenting Mr. Minor with his assignment concerning FAR, proposed criteria as it relates to subdivisions and the definition of Basements. He asked Mr. Minor if he was prepared to discuss these items at this time and also if he had an opportunity to review the correspondence from Vice -Chairman Morgan dated March 1, 2012. Mr. Minor introduced himself for the record and stated that he reviewed the proposed language provided by Vice -Chairman Morgan and recommended incorporating it into the proposed criteria for subdivisions. Mr. Randolph said he does not understand the language Vice -Chairman Morgan Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 13 proposes to be added to Mr. Minor's Criteria B which deals with design features. He said Vice -Chairman Morgan uses the word "architecture" in the last sentence of Paragraph B in his letter and, he said when looking at subdivisions you deal with the layout of the land and you should not incorporate design features in subdivision regulations. Mr. Randolph said when the Board reviews the proposed design of a house in a subdivision they will have the opportunity to deal with design features under the Design Manual, where there is existing language that talks about maintaining the design of the neighborhood. Chairman Ganger referred to the applicant for the subdivision of the Spence Property and a continuous comment made by their attorney, which was that they were only applying for subdivision of the land at this time and not the architecture of future structures. He said the Board tried to impress upon them that architectural design features was another step in the process, which is something that should be made clear to an applicant proposing a subdivision. They must follow the Design Code and understand that they must maintain the character of the neighborhood with respect to design features, architecture and landscaping. Mr. Randolph said when the developers of the Spence Property made their presentation they made the mistake of showing houses on the property and, he said, he reminded them at that time that their application was strictly for the division of the land and nothing else. He said when plans for a house are presented to the Board they should rely on the strength of the Design Manual at that time. With regard to Vice -Chairman Morgan's proposed language in Paragraph B of his letter, Mr. Lyons suggested striking the word "design" in line 2 and the word "architecture" in line 4, so that Paragraph B reads, "Proposed subdivisions shall protect the character of the Town by incorporating features that are compatible with and complimentary to the preferred elements and overall character of the neighborhood district in which they are located, including but not limited to parcel size, parcel shape and landscaping." Mr. Stanley suggested striking the word "landscaping" and Mr. Thrasher did not agree. Mr. Thrasher said there have been several previous discussions concerning berms and buffers. Mr. Randolph suggested striking the word "landscaping" and replacing it with the word "topography" and Mr. Stanley suggested also adding the words "berms" and "buffers" amending Criteria B to read, "Proposed subdivisions shall protect the character of the Town by incorporating features that are compatible with and complimentary to the preferred elements and overall character of the neighborhood district in which they are located, including but not limited to parcel size, parcel shape, topography, berms and buffers." Mr. Smith inquired about Vice -Chairman Morgan's proposed language in Paragraph A of his letter to amend Mr. Minor's Criteria A. Mr. Minor said Vice -Chairman Morgan added the words . . . which term "surrounding" so that Criteria A would read, "Lots to be created by the proposed subdivision should be consistent with the surrounding neighborhood, which term "surrounding" shall be defined as residential lots within 500 feet of the subject parcel." Mr. Minor referred to the map he provided Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 14 which was done as a case study regarding how Criteria A would apply to a parcel and where the 500 -foot line would go. Chairman Ganger asked if the 500 feet is used by other communities and Mr. Minor confirmed that. Mr. Randolph said he does not see where Vice -Chairman's proposed language in his Paragraph A is that different from Mr. Minor's proposed language in his Criteria A and Mr. Smith said he is trying to emphasize what "surrounding" means, but it is covered in Criteria A. With regard to the overlay map, Mr. Smith said that, looking at the 6 lots superimposed on the map, it appears there was no way to deny the Spence subdivision. He said people are more concerned about six cookie - cutter lots all in a row and access to the lots from A1A. Mr. Thrasher said the neighbors did not want vehicular traffic on the private road and, therefore, there will be two entrances from A1A. One entrance will service one lot and the other entrance will service five lots. Mr. Randolph asked if the word "access" should be included in Criteria B. Mr. Stanley said it is covered in Criteria F which reads, "Proposed subdivisions shall avoid traffic congestion on streets, and eliminate conflicts between pedestrian and vehicular movements." He said when reviewing the overall Spence subdivision, Chairman Ganger asked the applicant several times where the roads would go and he also mentioned that they had to account for improvements, drainage and catch basins. With regard to roads, Mr. Thrasher said hammerheads totally eliminate the meandering roadways and he said there was previous discussion about prohibiting them. Mr. Randolph suggested that the proposed language in Criteria B be amended to read, "Proposed subdivisions shall protect the character of the Town by incorporating features that are compatible with and complimentary to the preferred elements and overall character of the neighborhood district in which they are located, including but not limited to parcel size, parcel shape, access, topography, berms and buffers." He further suggested including a separate statement in the Subdivision Criteria that says, "Hammerheads are prohibited." It was the consensus of the Board to amend the proposed language of Criteria B as recommended to read "Proposed subdivisions shall protect the character of the Town by incorporating features that are compatible with and complimentary to the preferred elements and overall character of the neighborhood district in which they are located, including but not limited to parcel size, parcel shape, access, topography, berms and buffers.". It was also the consensus of the Board to add a statement in the Subdivision Criteria that reads, "Hammerheads are prohibited." Mr. Lyons referred to the overlay on the aerial map and said there is enough there to suggest to a developer that he could develop a subdivision. He said the 500 feet could work against us and suggested eliminating that from Criteria A. Mr. Thrasher agreed and suggested there be no exact distance. Mr. Stanley suggested eliminating a radius and simply say, "the surrounding area." Mr. Randolph said he would prefer to not leave it vague, but he said Criteria A could read, "Lots to be created by the proposed subdivision shall be consistent with the adjacent or immediate property." Clerk Taylor suggested using the design district as the neighborhood because it is already defined. She Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 15 said when they originally designed the design districts through windshield surveys the lots were somewhat the same size and architecture. Mr. Thrasher said there are three districts already identified on this aerial map, which are Ocean West, Beachfront and North/South. It was the consensus of the Board that the proposed language in Criteria A would be amended to read, "Lots to be created by the proposed subdivision should be consistent with the adjacent and immediate properties." Mr. Randolph asked Chairman Ganger to confirm that the Board concurs with all of the changes and that they are ready to make their recommendations to the Commission. Chairman Ganger confirmed that. Mr. Randolph asked Mr. Minor to prepare a final draft of the language for review by the Architectural Review and Planning Board before the make their recommendations to the Commission. b. Section 66-1, Definitions Mr. Minor said he reviewed the code provisions from other communities provided by Mr. Randolph and he has incorporated some of that language into proposed language previously discussed. He summarized the proposed language for Sec. 66-1. Definitions which reads, "Basement shall mean that portion of the building which is below the finished floor elevation of the building and is located within the footprint of the first floor. A basement is not considered a story with regards to the height measurement of a building, unless the ceiling of the basement is greater than three (3) feet above grade. The square footage of a basement shall be included as 100 of the building's Floor Area Ratio calculations. Basements shall conform to all setback regulations for structures. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the building." Mr. Smith referred to Exhibit A, Illustration 1 -Basement, which was attached to the Jupiter Island Definitions, if a home has a real basement that is completely under the first floor with nothing more than an emergency exit to the outside, we should not be as punitive. Mr. Minor said if the ceiling of the basement is not more than 3' above grade it would not be counted in the FAR. Mr. Thrasher suggested using 75% in the FAR calculations rather than 100% if the ceiling of a basement is more than three feet above grade. Mr. Lyons said that part of the reason the Board is addressing basements is because of the home on County Road where there is concern over grade and the slope of the driveway and the danger it may cause. He said he is not sure how the proposed definition would avoid the situation and asked if we could define a slope and grade of a driveway. Mr. Randolph said it can be done, but he said it is a different issue. Clerk Taylor said that grade should be controlled under the terms of the Building Code rather than the Zoning Code. She said the Florida Building Code has regulations with regard to Multi -Family, but she said there are no restrictions that apply to Single Family. She asked if there would be a way to include a restriction that would apply without causing an issue. Mr. Randolph suggested incorporating an on -point regulation in the Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 16 Design Manual that would address the grade and slope of driveways. Mr. Thrasher said the Town has asked the City of Delray Beach to examine the situation on County Road and advise whether or not their current code and inspections would prohibit such a driveway. He said their answer was "No" and he said Palm Beach County had the same answer. The consensus of the Board and Staff was that grade and slope of a driveway should be a separate issue. Mr. Lyons agreed that we should not be as punitive if a basement is not visible from the street, not creating mass or impacting the neighbors. Mr. Thrasher said it could still appear as a three-story from the rear. Mr. Randolph said there should be some impediment imposed if a house has a basement where a portion of it can be viewed. Mr. Stanley said it should be controlled by the entrance. He said a basement under the bottom floor, or under the footprint of the house, should only have access from inside the house, and he said if a basement has any external access you would include a percentage of the square footage in the FAR calculations. Mr. Randolph asked the Board if they agree that if a basement is designed in a way that it is habitable space, that space should be counted in the FAR calculations. The Board was in agreement. Mr. Lyons asked if office space or a workout room would be considered habitable space. Mr. Randolph said anything over a six or seven -foot ceiling should be counted as square footage. Mr. Minor asked the Board to confirm that square footage of a basement area having external access and creating a three-story look would be counted 100% in the FAR calculations. Chairman Ganger confirmed that. Mr. Minor asked for clarification concerning a basement completely under the first story with a ceiling that is no greater than 3' above grade with no external access. It was recommended that square footage of a basement completely under the first story with a ceiling that is no greater than 3' above grade and with no external access should be counted as 75% in the FAR calculations. Mr. Smith said a description of non -accessible, with the exception of an emergency escape from such an area, should be included. Mr. Stanley asked Mr. Minor for another sketch similar to Illustration 1 of Exhibit A that would include what has been discussed and agreed upon. Mr. Minor agreed that the sketches are extremely helpful and he would provide a new sketch that would depict the 100% and the 75%. Vice -Chairman Morgan arrived at 8:50 A.M. Chairman Ganger updated Vice - Chairman Morgan on the changes the Board has agreed to so far and he thanked him for the letter to the Board saying that it was very helpful in their thought process and decision making. C. Section 70-71, Floor Area Ratio Mr. Minor said there have been discussions concerning the current FARs and some feel the FARs may be creating a boxy look to homes. He said we include design features such as covered space with no walls which provides flexibility, but he said we see less of that because if applicants feel they can have indoor space in that same area they will choose the indoor space. Mr. Minor asked the Board if they would prefer more articulation in the buildings or if they would prefer not counting Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 17 as much of the outdoor spaces, such as porticos, overhangs and back porches, as a way of tweaking FAR calculations and how that transfers into design of houses. Clerk Taylor said a special exception is available which provides that you can go 300 SF over and above the maximum allowable FAR if it is a covered, unenclosed space, and she said almost everyone building a new house will take advantage of that special exception. She said the reason they offer the special exception is to encourage balconies. Clerk Taylor said that the space can be used on any side of a house, but she said it is typically used on the first floor as a lanai and the Town would place a deed restriction on that area which restricts the area from ever being enclosed. Chairman Ganger asked if we have asked guidance from architects on how to achieve the amount of living space their client desires while being able to avoid mass or a boxy look. Mr. Smith said the 75% rule is not the problem, he said it is the 25% that must be taken off of the second story that needs to be defined. Mr. Stanley referred to the Delray Beach Code and said that Mr. Minor did the BPOA overlay for the North Beach. He said we are talking about flush walls and a lot of those issues are addressed in the Delray Beach Code and he asked Mr. Minor if there is anything in the Gulf Stream Code that addresses flush wall breaks or that provides incentives for breaking up a side of a building. Mr. Minor said there are standards for that within the Delray Beach Code, but he said there is nothing like that in the Gulf Stream Code. Mr. Stanley said Delray's issues are similar and he said Mr. Minor may have input from architects like Gary Eliopoulos and others that have projects in Gulf Stream. He said Delray has incentives, but you must have height plains coming from the street and flush wall breaks every so many feet on the house. Mr. Lyons asked Mr. Stanley to describe a flush wall break. Mr. Stanley said if you come in on three sides on the second story, there must be a break in the flush wall on the fourth side every 50 feet. He said the alternative is to have an additional architectural element on the street side to break up the flush wall. Mr. Stanley said other towns offer incentives that Gulf Stream may not be ready to offer at this time. Mr. Thrasher asked if Delray regulations talk to different architectural styles. Mr. Stanley said the regulations are shorter and simpler and leave room for interpretation, but he said they define four different architectural styles, including photos, as does Gulf Stream. He said the regulations are very similar and they could serve a model for Gulf Stream. He recommended providing more sketches and requiring flush wall breaks, and he said incentives could be considered down the road. Vice - Chairman Morgan asked Mr. Minor for his input. Mr. Minor said one of the things Delray was looking at was buildings as they relate to their neighbors to avoid creating canyons of buildings that are straight up. He said they want to create a preferred living environment with some building sections set back creating light in those areas. Mr. Randolph asked Mr. Minor if the implementation of height plane would help in this regard. Mr. Minor said it would be helpful. Mr. Randolph requested Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 18 another sketch from Mr. Minor showing the apparent height from the street. Mr. Thrasher said many previous applications introduced different architectural elements and setbacks on both the front and rear of a structure, and he said the differences we see in large walls seem to appear on the sides. He said height plane seems to be something you would look at from a front elevation only and, therefore, we should concentrate more on 75% second story coverage and/or some kind of setback break on more sides of a second story. Mr. Randolph said, due to height plane regulations, you cannot bring a side wall all the way to the front of a house and, therefore, you are dealing with the sides when looking at height plane from the front. Mr. Stanley said that Gulf Stream should include a separate section that addresses building height plane for corner lots, which is not addressed in the BPOA regulations. Mr. Thrasher said our setbacks are different for lots located on one, two or three streets, and he said you will typically see additional architectural elements on the street sides for that reason. Mr. Thrasher said, from a two dimensional drawing, it consistently appears that the 75% rule is not sufficient and it disputes the first impression of mass. He said when we send two-dimensional drawings to our consultants for recalculation they come back okay and, therefore, it appears that the 75% rule is lacking something. Chairman Ganger suggested that maybe the 75% rule should require all four elevations to contribute to the 750. Mr. Thrasher said that type of restriction would limit creativity of a good architect and there are many architectural elements that can be used to create a break without creating a boxy look. He said the incentive concept is good if we can incorporate something similar to the Delray Beach, and he said the incentives would have to be tailored to the two predominant architectural styles in Gulf Stream. Mr. Thrasher said we encourage architects to be more creative with the introduction of architectural elements and there may be common terminology that will create incentives to increase the use of those elements. He asked Mr. Minor to provide some information. Mr. Minor said it would be an excellent addition to the Code to address this issue. Chairman Ganger asked Mr. Stanley about other architects who contributed to the Delray Beach Code. Mr. Stanley said Bob Curry, Jeff Sowers and William Wietsma contributed their ideas and he said Gary Eliopoulos sat on the Delray Beach Commission when they were reviewing the Code. Vice - Chairman Morgan asked how long it has been in place and if it is working. Mr. Stanley said it is now on the Delray Beach website, but he said it has been in place for five or six years and it works primarily because of the FAR. He said the setbacks are better, structures have to be smaller and are limited to 6,000 SF on an average lot. Chairman Ganger said the Board would like to go in this direction to address mass and the boxy look. Mr. Minor said he has a very good idea of what the Board is looking for and he will come back with his recommendation. Mr. Thrasher asked why Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 19 we do not have second story requirements in the Beachfront and Ocean West Districts. Clerk Taylor said it is because of the larger lots. Mr. Stanley said if you have a larger lot with a 30' or 40' setback from your property line, general design standards allow you to go up, and he said it should be based on actual lot size and not district specific. He said the idea is the larger the setback, the bigger the buffer, the more you can do. Mr. Thrasher said it really shows up when we are dealing with a stand-alone garage with a second story apartment. Clerk Taylor referred to the existing special exception which allows an additional 300 feet of covered, unenclosed space and asked if it would help to increase the additional allowable area. Mr. Thrasher said he likes the elements they have to produce in those areas. Chairman Ganger said it could be used as an incentive in that if you are under the 750 you will receive a credit on the 300'. He said it is logical because those elements create breaks and it would be the rewarding of good design. d. Section 70-68, Lot Size & Dimensional Requirements Chairman Ganger asked if there is a formula that would preserve some larger lots where large lots exist. Mr. Randolph said the Board is attempting to do this in the subdivision regulations, and he said you must keep in mind that with lot size requirements you are dealing with regulations within an entire district and you could create a problem if you try to change lot size. Mr. Thrasher asked if a reward system could be applied with regard to larger lots that would allow a larger FAR. He said, for example, for the first 20,000 square feet of lot the FAR is 330, thereafter it is 200 of the remaining square footage, and somehow you would correlate that 20o upward in relation to the size of the lot to encourage future subdivision to be larger lots. Mr. Thrasher asked if that would work to help us maintain larger lot sizes. Mr. Minor said you may want to limit that to a large size of a certain threshold as a way of encouraging preservation of larger lots. Chairman Ganger said Ocean West is where we are focused and we are talking about how to maintain the economic value of the entire community by having a sprinkling of beautiful estates as part of our inventory of homes. He said it is a concept worth pursuing and it should be done in terms of acre as opposed to lot, and he said we should say that the reason for doing this is to maintain a few large lots. Mr. Stanley said he believes we need to move forward, but he said some of these things will have to be tested over a period of time to see results. Mr. Minor said he will come back with several options and he will also provide a three- dimensional sketch -up with regard to that point. e. Section 70-4, How to Use This Manual There was no discussion concerning this item. 2. Section 70-28, Roofs Mr. Thrasher said Staff has issued four reroof permit applications in the last few weeks where contractors are using the white cement tile thou and thou which is a flat material with no slurry coating. He said this tile has been used forever and he said its purpose was to mirror the original design of the Bermuda Style homes. Mr. Thrasher said there has been more discussion recently concerning white roof tile material, specifically the white cement thou and thou with a slurry coating and a slight glaze. He said there are pros and cons concerning both roof materials, but he said Staff's recommendation is to maintain our Code in Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 20 the manner in which we have administered it for several years, and that is the use of the white flat cement thou and thou, untextured, unpainted and with no slurry coating. Mr. Thrasher said there have been reports that this tile is no longer available, but he said Staff has found that to be false. He asked the Board if they want to allow the white slurry - coated tile to be placed on Gulf Stream Bermuda Style homes. Mr. Thrasher said there has been additional discussion as to what the Board would like to do with grey slate -like roof tile. He said the Board has allowed a solid grey tile, which does not appear to be slate - like, and a light green, which was approved for the Sargeant home. He said the discussion between slate and slate -like allows distortion and he said architects feel that limiting them to white or grey tile handicaps their ability to create a desirable look. Mr. Minor said he spoke with a carpenter/roofer friend who does work up and down the Island, and he said his friend confirmed that the non - slurry -coated white flat cement tile thou and thou by Entegra is readily available. Mr. Randolph asked what there is in the Code that precludes a slurry -coated tile. Mr. Thrasher said that when he sought guidance from the ARPB several years ago, the Board directed him to approve the white flat cement thou and thou. He said there were discussions in the past about consistency in the Bermuda styling and he said there is also some language in the Code that discourages shiny -surfaced roof tile and specific tile material in certain districts, or in the Core. Clerk Taylor said there is an additional word in the description of roof tile under "Required" which reads, . . . white flat untextured tile. Chairman Ganger said the ARPB and the Commission cannot be oblivious to new technology or a new product, but he said there has to be some benefit to using it such as, it has the same look or that it is better than what has been used in the past. He said the functionality of each tile may be similar, but he said we are trying to maintain a certain look. Mr. Randolph said those who presented the slurry -coated tile say they are advised that it holds up better, it avoids mold and it is not harmed when pressure cleaned. Mr. Thrasher said there are contractors that believe the non -slurry -coated tile is the better product and Mr. Minor agreed saying that professionals claim the non -slurry -coated tile holds up better and is preferred. Chairman Ganger pointed out that the slurry -coated tile is a larger tile. Mr. Thrasher said the size of the tile is what alerted Staff to the slurry -coating, but he said there is nothing in the Code that defines size. Mr. Lyons said the slurry -coated tile is too big and suggested adding something in the Code that defines size. Mr. Stanley pointed out that the slurry -coated tile could probably be custom-made tc any size. Mr. Smith said roofers are selling the larger slurry -coated tile because it is easier to install and it is cheaper to maintain. Mr. Lyons commented that the larger roof tile will give the appearance of mass. Mr. Thrasher said with regard to requesting a variance, money cannot be a hardship. Mr. Smith said that Peter Bennett is the resident who has a Architectural Review and Planning Board Regular Meeting and Public Hearing - February 23, 2012 Page 21 slurry -coated roof tile and suggested driving by the property to see what it looks like. He said he supports not going to multi -color tile on Bermuda Style homes. Vice -Chairman Morgan said color is covered under Section 70-238, but he said the slurry -coated tile is not covered and it would be subject to interpretation. Mr. Thrasher explained that Mr. Bennett's permit application for the slurry -coated tile was denied at the administrative level and he appealed the administrative decision. He said his appeal came before the Board of Adjustment and they approved the slurry -coated tile, then directed there be Zoning in Progress. Vice -Chairman Morgan said that, because of the way the Code Section is written, the Board of Adjustment could not preclude the slurry -coated tile. Chairman Ganger agreed saying the word "untextured" can be interpreted in different ways. Chairman Ganger excused himself from the meeting at 9:50 A.M. In closing, Mr. Thrasher said Mr. Bennett, in Place Au Soleil, has the slurry -coated tile roof and two houses south of Mr. Bennett has the white flat cement thou and thou. He said if you drive by you may be able to see the difference, and he said try to picture the slurry -coated tile in the Core. Mr. Thrasher said there is a variety of architectural styles and roofs in Place Au Soleil, but he said it is mostly Bermuda Style in the Core Area, and he said once a decision is made you can affect the character of the Town. He said roofs are a very important element in the architectural styling of Gulf Stream and there are no tools in place as guidance to make these decisions. Mr. Randolph said the Code is vague, Mr. Thrasher's interpretation of the Code was challenged and the Board of Adjustment granted it, but then held zoning in progress, giving the ARPB an opportunity to look at it and decide whether a change is appropriate. Mr. Randolph suggested looking at some of the roofs that have the slurry -coated tile, ask Mark Marsh for his opinion and make your decision based on that information. VII. Items by Board Members. There were no items by Board Members. VIII. Public. There were no items by the Public IX. Adjournment. Mr. Lyons moved and Mr. Smith seconded to adjourn the meeting. The meeting was adjourned at 9:55 A.M. Gail C. Abbale Administrative Assistant Potential Code Changes; 2012 1. Section 70:238. Roofs (a); Page CD70:93 Required. White flat untextured tile, except that gray slate or slate -style may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval Recommended Changes: Required. Flat, white thru and thru, smooth, un -coated tile, except that gray, slate or slate -style, may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences, subject to Level II approval. 2. Section 70-100. Roof and eave heights Define preferred, discouraged and prohibited height of entry feature. Recommended Changes: Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such element. Height: Preferred, From eight feet to 14 feet. Discouraged, From 14 feet to 16 feet. Prohibited. Greater than 16 feet. 3. Section 70-51 Minor accessory structures (2); Page CD70:24 In -ground swimming pools and spas Recommended Changes: Add "Waterfalls" 4. Section 66-367 Swimming pools Recommended Change: Add (j) No grotto shall be permitted in any zoning district. A grotto shall be considered and artificial structure or excavation made to look like a cave or cavern. (k) Waterfalls, minor accessory structures, shall not exceed 4' in height as measured from the average finished grade of the property and the back side of the structure shall be screened from off -premises view with landscape material. 5. Section 66-369 Docks (7); Page CD66:71 Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. Recommended Changes: No concrete docks are permitted. All docks will be made from natural materials. 6. Section 66-1 Definitions Recommended Change: Basement shall mean that portion of a building which is below the finished floor elevation of the building. A basement is not considered a story with regards to height measurement of a building. The square footage of a basement shall be included in the FAR calculations at 50% and not be usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the structure. 7. Section 70-71 Floor Area Ratio Recommended Change: Seeking Input 8. Section 70-68 Lot size and dimensional requirements. Recommended Change: Seeking Input 9. Section 70-4 How to use this Manual Recommended Change: Seeking Input GULF STREAM DESIGN MANUAL § 70-238 (b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a transition between first and second stories. A few critical stepbacks on a building are better than several minor stepbacks that only complicate the facade and create busy architecture. (c) Preferred. Balconiesy. Simple rectangular config- urations ti Single story garages Smaller second story con- figurations 4 k Stepbacks to second story (d) Discouraged. Angular walls Complex facade treatment (excessive multi -layer stepbacks) Stepbacks, smaller second story, single story garage, and a balcony help to Sec. 70-238. Roofs. articulate and give appropriate scale to this house (preferred). (a) Required. White flat untextured tile, except that gray slate or slate -style tile may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval. (b) Preferred. Combination hip/gable roofs Decorative capped chim- ney Exposed rafter tails Flashing, vent stacks, and pipes painted to match ad- jacent building surface Hip roof Low pitched roofs (6:12 slopes) Roof overhang (2-2Y2 feet) Simple roof geometry em- phasizing long horizontal lines White flat untextured tile Gulf Stream- Bermuda style white tile roof (required) OC, Corr. CD70:93 § 70-238 (c) Discouraged. Dormers on single story GULF STREAM CODE houses Gable Pyramidal hip (often has too steep of slope) Very low pitched roofs (slope less than 5:12) (d) Prohibited. Barrel tiles -� Front gable except for en- try features - - Gambrel Mansard Monolithic roof design where inadequate mea- sures were taken to re- duce massing and height Roof detail showing exposed rafter tails and decorative capped chimney of roof design (preferred) Pan tiles Shed Shingles Tiles other than white flat untextured tiles or gray slate tiles Unnecessarily complex roof geometry (Ord. No. 00-1, §§ 56, 57, 3-10-00) OC, Corr. CD70:94 § 70-99 GULF STREAM CODE Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory structures) Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow Primary color tiles and shingles Roll tile and similar tile styles in all districts except Place Au Soleil S -Tile in all districts except Place Au Soleil Solar panels on the streetside Unnecessarily complex or monolithic roof design All white tile other than flat cement tile (Ord. No. 00-1, § 36, 3-10-00; Ord. No. 03-9, § 2, 10-10-03) Sec. 70-100. Roof and eave heights. (a) Generally. (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential/human scale. Most structures in the town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (2) Roof height is measured from the top of the first finished floor to the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same eave line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but are not limited to, chimneys, cupolas, decorative towers, dormers, and small cut-outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features, if used, should provide a sense of arrival to visitors, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 feet for entry features) Eave lines: Three or less Roof features: Three or less visible per building side Roof heights: 20 feet or less (24 feet or less for roof features) (2) Discouraged. Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) Eave lines: Four Roof features: Four visible per building side Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) OC, Corr. CD70:46 GULF STREAM DESIGN MANUAL § 70-100 (3) Prohibited. Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) Eave lines: Five or more Roof features: Five or more visible per building side Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (c) Two story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts—From eight feet to 12 feet for one-story portions (from eight feet to 14 feet for entry features) 22 feet six inches or less for two-story portions All other districts—From eight feet to ten feet six inches for one-story portions (from eight feet to 14 feet for entry features) 21 feet or less for two story portions Eave lines: Four or less Roof features: Three or less visible per building side Roof heights: 22 feet or less for one-story portions (2) Discouraged. Eave heights: Beachfront and Ocean West Districts—Between 12 and 14 feet for one-story portions (between 14 and 16 feet for entry features) Between 22 feet six inches and 24 feet six inches for two-story portions All other districts—Between ten feet six inches and 12 feet six inches for one-story portions (between 14 and 16 feet for entry features) Between 21 feet and 23 feet for two-story portions Eave lines: Five Roof features: Four visible per building side Roof heights: Between 22 feet and 26 feet for one-story portions (3) Prohibited. Buildings with more than two and one-half stories Eave heights: Beachfront and Ocean West Districts—Less than eight feet or greater than 14 feet for one-story portions Greater than 24 feet six inches for two-story portions. All other districts—Less than eight feet or greater than 12 feet six inches for one-story portions Greater than 23 feet for two-story portions Eave lines: Six or more Roof features: Five or more visible per building side CD70:47 § 70 -loo GULF STREAM CODE Roof heights: Greater than 26 feet for one-story portions For two-story portions greater than the following for each zoning district: District Height in feet Gulf Stream Core 30 (roof features may extend to 35) Ocean West 30 (roof features may extend to 35) Beach Front 35 (including roof features) North/South 30 (roof features may extend to 35) Place Au Soliel 30 (roof features may extend to 35)" CD70:48 GULF STREAM DESIGN MANUAL § 70-101 Preferred ■ Four or less eave lines Prohibited Six or more eave lines Line 3 Line 2 Line 1 Above graphic illustrates eight different eave lines, adding unnecessary complexity to the elevations. (Ord. No. 00-1, §§ 26, 37, 3-10-00; Ord. No. 03-1, § 1, 4-11-03) Sec. 70-101. Windows. (a) Generally. (1) Windows not only provide light and ventilation but add to the aesthetics of a building by creating rhythm, proportion, distinction and articulation. Certain styles of windows correspond to specific CD70:49 + + & ¥ & E \ §@ R C ■ K | | / ■ | § § 4 § ■| �I �§�f| 7� ,.|■,�||wf|)�||||� + + & ¥ & E \ §@ R C & 4t A & b rA, O OR mill k� & 4t A & b rA, HER 1 PEM 01JR!, = -1 "Ill INN", CQ rn rvoiswa LU .fyt, r ,. i a �.: 7 ,' i § 70-49 GULF STREAM CODE (b) These prohibitions shall not extend to telephonic transactions and communications. Sec. 70-50. Private schools. Any private school conducted in any single family residential zoning district may continue to be used as such under the provisions of sections 66-131 et seq. of this Code, provided however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private school, may be replaced, or another building substituted in place thereof; repaired and maintained from time to time as shall be necessary for the effective operation and maintenance of such private school; and further, any development permits, orders or written agreements granted or executed by the town prior to the adoption of this chapter shall remain in full force and effect. Sec. 70-51. Minor accessory structures. The following structures shall be considered as minor accessory structures in all five single family zoning districts subject to specific setbacks established in this chapter. Any structure which is larger or more intensive shall be subject to the same setbacks as the principal structure. (1) Detached, one-story structures of 300 square feet or less and 18 feet or less in height, including but not limited to: Garages/sheds Gazebos Greenhouses Guest houses Pool cabanas/bathhouses Trellises/arbors (2) Permanent recreation facilities, including but not limited to: Batting cages/backstops Forts and playhouses In -ground swimming pools and spas Paved/special surface areas and accompanying equipment and/or fencing for tennis/squash/ racquetball, basketball, shuffleboard, putting greens/sand traps, etc. Swing sets and other playground equipment (3) Fountains. (4) Mechanical equipment and television antennae/satellite dishes. (5) Decks and patios with elevations greater than eight inches above highest abutting grade. (6) Awnings with leg supports and those otherwise extending more than three feet out from a structure. (7) Docks, boat lifts, and davits. (8) Flagpoles. CD70:24 § 66-351 GULF STREAM CODE tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit. (Ord. No. 83-1, § 2(X, K), 4-8-83) Sec. 66-352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or noxious by reason of the emission of any dis- charge, odor, gas, dust, smoke, vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community. Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83-1, § 2(X, J), 4-8-83) Cross reference—Nuisances, ch. 22. Secs. 66-353-66-365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66-366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi- cation antennas may be permitted in any zoning district upon site plan review and approval by the town commission and upon issuance of a building permit by the town. (b) Broadcast receiving antennas or communi- cation antennas shall be attached to the main building or structure and shall not extend more than five feet above the highest portion of the roof. (c) Satellite television antenna systems may be permitted in any zoning district upon site plan review and approval by the town commission and the issuance of a building permit by the town. (d) Satellite television antenna systems shall not exceed 12 feet in diameter or width. (e) Satellite television antenna systems shall be considered as accessory structures and shall be subject to the applicable site plan review require- ments and regulations of this chapter. (f) Unless specific approval is granted by the town commission, satellite television antenna sys- tems shall be ground mounted and located in such areas as to be screened or buffered from view from adjacent properties, rights-of-way, the Intracoastal Waterway and/or the Atlantic Ocean. (g) There shall not be more than one satellite television antenna system, broadcast receiving antenna or communication antenna per residen- tial building or condominium association on any platted lot or parcel. (h) Upon receipt of site plan approval and prior to the issuance of a building permit for satellite television antenna, the town commission shall review the installation plans, which plans must be signed and sealed by a professional engineer registered in the state who shall certify that the proposed satellite television antenna system is wind resistant with an ability to with- stand winds up to 140 miles per hour. The calcu- lations and such certification by the engineer shall be submitted along with the plans. (Ord. No. 83-1, § 2(X, H), 4-8-83; Ord. No. 84-7, § 2, 12-14-84) Sec. 66-367. Swimming pools. (a) No swimming pool shall be located, de- signed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool. ZONING (b) Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect away from adjoining premises. (c) A pool may be located within an enclosed courtyard, patio, etc., provided it is to the rear of the required front yard setback line. (d) All enclosed swimming pools shall be in conformity with the setbacks required by the zoning district in which it is located. (e) Unless otherwise specified elsewhere in this Code, unenclosed or open swimming pools in the "RS" single-family residential district shall be located a minimum of 25 feet from front property lines; provided, however, that any swimming pool located on property fronting on SR AlA shall be subject to the established 78 -foot centerline set- back. (f) Swimming pools shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or par- cels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (g) All pools shall be enclosed by a self-locking, child resistant fence, wall or equivalent barrier at least four feet high, except as provided elsewhere in this Code, and in no event shall a pool be exposed to open view from any public roadway. (h) No aboveground pools of any nature shall be permitted in any zoning district. An aboveground pool shall be considered a pool constructed or assembled of any material and whose top edge exceeds two feet in height above the average finished grade of the lot or site. (i) All pools shall be landscaped so as to pre- vent exposure to off -premises view from any pub- lic roadway, any public or private right-of-way, and the ground level of any adjoining property. However, this subparagraph shall not be con- strued so as to prevent the exposure of pools to open view from public or private waterways. (Ord. No. 83-1, § 2(X, I, 1), 4-8-83; Ord. No. 92-5, § 1, 9-28-92; Ord. No. 00-1, §§ 18, 19, 3-10-00) Sec. 66-368. Tennis courts. § 66-369 (a) No tennis court shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the tennis court. (b) No lights shall be used in any manner so as to illuminate any tennis court. (c) All tennis courts shall be in conformity with the setbacks required by the zoning district in which it is located. Any tennis court located on property fronting on SR AIA shall be subject to the established 78 -foot centerline setback. (d) Tennis courts shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (e) All tennis courts shall be enclosed by a fence, open wall or equivalent barrier and in no event shall a tennis court be exposed to open view from any public roadway. (Ord. No. 83-1, § 2(X, I, 2), 4-8-83) Sec. 66-369. Docks. In the single-family residential district, one dock per lot of record shall be permitted in accor- dance with the following: Supp. No. 1 CD66:69 (1) Site plan review required. All new docks and significant alterations to existing docks shall require site plan review and ap- proval. (2) Permitted as accessory use. Docks shall be permitted only as an accessory use to single-family dwellings for the exclusive use of the dwelling's occupants (residents and nonresident members of the occupant's family and resident guests at the dwell- ing). Docks shall not be permitted on vacant lots unless the vacant lot is adja- cent to a developed lot under the same ownership and a unity of title has been recorded. . V. A - ,r, ZONING minimum offset from the setback centerlines. For lots with designated water frontage less than 100 feet the docking zone shall have a minimum five-foot offset from each of the set- back centerlines. In the case of cove end lots and lots with a water front- age of 100 feet or less, neither boat nor dock shall exceed a length of 70 feet. For rounded corner lots, water frontage is determined by the mid- point of the arc. For purposes of determining designated water front- age, dock widths, setbacks and max- imum boat lengths for each water- front lot within the Town, the figures contained within Exhibit "B" at- tached hereto and incorporated herein shall apply. [See the end of this sec- tion.] In cases with multiple water frontages, owner must treat each frontage according to the appropri- ate size category. In the case of low profile piling boat lifts, the lift shall be located in the following manner. The first piling shall be placed a minimum of twenty feet (towards center of the lot) from the setback line with the pilings extending into the docking zone no farther than twenty feet from the seawall. For lots with setbacks of more than fifteen feet on either side, the twenty foot mea- surement for the first piling shall be mea- sured from the setback on the side with the largest setback. f. A maximum of one dock box shall be permitted which shall be no higher than 30 inches and no larger than 24 cubic feet. § 66-369 g. Light fixtures shall be installed in a manner that provides safe pedes- trian circulation using low voltage lighting with a maximum fifty watts mounted no higher than three feet above the dock at a minimum spac- ing of ten feet on center. Lights are to be step, path or marine type fix- tures. Fixtures must project down- ward at a minimum 45 -degree angle from the horizontal plan tangent to the top of the light source fixture and allow no light spillage onto ad- jacent properties. No fixture shall be mounted to the seawall. h. Subject to level one site plan ap- proval, a maximum of one floating platform may be permitted in lieu of a boat lift for the purpose of storing small watercrafts. The floating plat- form shall be constructed of nonfer- rous material, be black in color and may not rise more than 12 inches out of the water. No more than two wa- tercrafts of a maximum length of 14 feet shall be stored on the floating platform. The platform dimensions shall not exceed eight feet in width or 16 feet in length. All watercrafts shall be stored parallel to the sea- wall. A floating platform must be removed after three months of dis- use. (7) Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. (Ord. No. 83-1, § 2(X, I, 3),4-8-83; Ord. No. 91-24, § 3, 10-21-91; Ord. No. 00-1, §§ 20, 21, 3-10-00; Ord. No. 04-9, § 2,2-11-05; Ord. No. 05-2, §§ 1-6, 9-9-05; Ord. No. 008-4, § 4, 9-5-08) Supp. No. 1 CD66:71 ZONING ARTICLE I. IN GENERAL Sec. 66-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abutting shall mean having a common border with, or being separated from such common bor- der by, an alley or easement. Access shall mean the principal means of in- gress and egress to property from a publicly dedicated right-of-way. Accessory building, structure or use shall mean a building, structure or use on the same lot with, and of a nature customarily incidental and sub- ordinate to, the principal building, structure or use. Acre, net. See Net acre/net land area. Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is con- nected by a firewall or is separated by indepen- dent perimeter load-bearing walls is new construc- tion. Adjacent shall mean that which lies near or close to, not widely separated or necessarily touch- ing. Adjoining shall mean that which is joined or united, actually touching. Alley shall mean a dedicated public right-of- way other than a street which provides only a secondary means of access to abutting property, is not over 20 feet in width and is not intended for general traffic circulation. Alterations, as applied to a building or struc- ture, a change or rearrangement in the structural parts of the existing facilities, or an enlargement, whether by extending on a side, or by increasing the height, or the moving from one location or position to another. § 66-1 Antenna shall mean a device for radiating and/or receiving television or radio signals. Antenna structure shall mean an antenna con- sisting of two or more radiating elements, gener- ally similar which are arranged in such a manner as to obtain direction radiation patterns. It in- cludes any structural members which are neces- sary to maintain the proper electrical relation- ships between the radiating elements, including the mast or other structure used to support the array as a whole, but does not include the trans- mission line which supplies energy to or receives energy from the array as a whole. Apartment. See Dwelling, multiple -family. Appeal shall mean a means for obtaining re- view of a decision, determination, order, or failure to act pursuant to the terms of this chapter. Area of shallow flooding shall mean a desig- nated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard shall mean the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Awning shall mean any movable rooflike struc- ture cantilevered or otherwise entirely supported from a building, so constructed and erected as to permit its being readily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. Base flood shall mean the flood having a one percent chance of being equalled or exceeded in any given year. Base flood elevation shall mean the height above mean sea level expected to be reached by the 100 -year flood. Basement shall mean that portion of a build- ing, the ceiling which is entirely below grade or less than three feet above grade. A basement is Supp. No. 1 CD66:7 § 66-1 GULF STREAM CODE not considered a story with regards to the height measurement of a building. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the build- ing. Bedroom shall mean a room other than a kitchen, dining room, living room, bathroom or closet which is marketed, designed or otherwise likely to function primarily for sleeping. Block shall mean a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulk- head lines, or shorelines of waterways, or corpo- rate boundary lines of the town. Breakaway wall shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces with- out causing damage to the elevated portion of the building or the supporting foundation system. Breezeway shall mean a roofed, open -sided pas- sageway connecting two separate structures, or two separate portions of the same structure. Broadcast receiving antenna shall mean an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broad- cast services, including AM, FM and TV. Building area shall mean the portion of a lot remaining after required setbacks have been pro- vided. Building shall mean any structure built for the shelter, support or enclosure of persons, animals, chattels or movable property of any kind; and, when separated by division walls without opening from the ground up, each portion of such struc- ture shall be deemed a separate building, and for the purpose of this chapter, all porches, projec- tions, cornices and eaves shall be deemed and considered a part of a building. The word "build- ing" shall include the word "structure." Building, detached, shall mean a building hav- ing no party walls in common with another build- ing. Building front shall mean that exterior wall of a building which faces a front lot line of the lot. Building height shall mean the vertical dis- tance measured from the point of first floor base flood elevation of the building site to the highest finished roof structure including any rooftop su- perstructure or appurtenance. Building line shall mean a line on a lot, gener- ally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter. Building official shall mean that person who is designated by the town commission and is charged with the responsibility of enforcing and adminis- tering the various land and building regulations of the town. Building permit shall mean the document or certificate issued by the town building official or other designated official which verifies adherence to all applicable development regulations and gives permission to the permit applicant to pro- ceed with the actions for which the permit was requested. Building, principal, shall mean a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. Building site shall mean a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belong- ing to the same. Bulk shall mean the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines. Carport shall mean a freestanding covered area or a roofed area open on one, two or three sides and attached to a building, either of which is designed for the storage of one or more vehicles or boats. Supp. No. 1 CD66:8 § 70-69 Sec. 70-69. Unity of title. GULF STREAM CODE In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. Sec. 70-70. Floor area calculation. For purposes of computing the floor area ratio, floor area shall be defined as follows. "Floor area" shall mean the gross floor area of a structure as measured from the outside of the exterior walls and shall include or exclude the following: (1) All floor area under a solid roof whether or not the area is enclosed with walls (i.e., porches, balconies, breezeways, etc.) shall be included. (2) Areas under awnings with leg supports or those that extend more than three feet out from a structure shall count as one-half shall be included. (3) Floor area under ceilings which are higher than 15 feet shall count as double. (4) Areas under screen enclosures shall count as 1/2. (5) Areas under eaves or roof extensions of 21/2 feet or less shall not be included. (6) Areas in basements shall not be included. (7) Areas in attics that cannot be used for living area shall not be included if the ceiling height does not exceed 61/2 feet and there are no windows. (Ord. No. 00-1, § 28, 3-10-00) Sec. 70-71. Floor area ratios. (a) Sliding scale floor area ratio (FAR). (1) Floor area ratio (FAR) is the relationship between a building's total floor area and the area of the lot it sits on. If a building is 2,500 square feet and it sits on a lot of 10,000 square feet, its FAR is .25. This direct relationship results in the ability to build bigger homes on bigger lots. While a ratio of total floor area to lot size such as .25 may be appropriate for smaller lots, on larger lots the result can be unnecessarily and inappropriately large homes. This is particularly a problem when two lots are combined and are now twice as large as the lots next door. This section provides a methodology for maintaining a reasonable opportunity to build larger homes on larger lots, while recognizing that the relationship to the scale of an existing neighborhood is an important community character concern. (2) In order to establish a sliding scale which reduces floor area ratio yields on larger lots; the following FAR step down shall be used: Effective Lot Area I Gulf Stream Core Ocean West Beachfront North/South I Place au Soleil Maximum FAR First 20,000 .33 .33 square feet .33 .33 .33 Portions over 20,000 square .20 .20 .20 .20 .20 feet+ Supp. No. 1 Example 1: 45,000 square foot lot in Beachfront District. First 20,000 square feet x .33 = Next 25,000 square feet x .20 = Total 45,000 square feet CD70:28 6,600 square feet 5,000 square feet 11,600 square feet maximum floor area GULF STREAM DESIGN MANUAL § 70-71 Example 2: 30,000 square foot lot in Ocean West District. First 20,000 square feet x .33 = 6,600 square feet Next 10,000 square feet x .20 = 2,000 square feet Total 30,000 square feet 8,600 square feet maximum floor area . Example 3: 18,000 square foot lot in Place au Soleil. First 18,000 square feet x .33 (b) Neighborhood context floor area ratio. 5,940 square feet maximum floor area (1) In order to address the potential problem created when two lots are aggregated in a district of predominantly small lots, the neighborhood context FAR shall be followed. This special FAR calculation will apply only to new lots in excess of 20,000 square feet created in the Gulf Stream Core or Place au Soleil Districts after the adoption of this chapter. (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 13,000 square feet x .20 Total 33,000 square feet b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 Neighbor 2 lot: 16,000 square feet x .33 Total 6,600 square feet 2,600 square feet 9,200 square feet maximum floor area 4,290 square feet maximum 5,280 square feet maximum 9,570 square feet max _ 2 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 Gulf Stream Core Ocean West Beachfront NorthlSouth Place au Soleil Neighbor- Lots greater than 20,000 Lots greater than 20,000 hood Context square feet created after N/A N/A N/A square feet created after FAR Applica- adoption of this manual adoption of this manual bility (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 13,000 square feet x .20 Total 33,000 square feet b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 Neighbor 2 lot: 16,000 square feet x .33 Total 6,600 square feet 2,600 square feet 9,200 square feet maximum floor area 4,290 square feet maximum 5,280 square feet maximum 9,570 square feet max _ 2 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 § 70-71 GULF STREAM CODE (4) For lots subject to neighborhood context FAR, the methodology for identifying abutting lots is as follows: Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00-1, § 26, 3-10-00) :14 ' `'4 3c .; End Lot 13'1 J� 5 t 12 t t 6 15 •'s.... o t.16 10 g Corner Lot 25 24 .23 22t:21420.18 2627:.'28 :,Yt 31 19 'l J.Y i ✓ L= t—1 ` Interior Lot Combined Lot Types Sec. 70-72. Special exception floor area ratio (FAR). (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 Abutting Neighbor #1 Abutting Neighbor #2 For interior lots, abutting lots are: the side lot the other side lot example: if lots 29 and 30 are combined, abut- ting lots are: lot 28 lot 31 For corner lots, abutting lots are: the side lot which faces the same the largest lot directly across the street same street example: if lots 7 and 8 are combined, abutting lots are: lot 6 lot 17 For end lots, abutting lots are: the side lot the next nearest lot on street example: if lots 1 and 2 are combined, abutting lots are: lot 3 lot 4 Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00-1, § 26, 3-10-00) :14 ' `'4 3c .; End Lot 13'1 J� 5 t 12 t t 6 15 •'s.... o t.16 10 g Corner Lot 25 24 .23 22t:21420.18 2627:.'28 :,Yt 31 19 'l J.Y i ✓ L= t—1 ` Interior Lot Combined Lot Types Sec. 70-72. Special exception floor area ratio (FAR). (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 SLI/ GULF STREAM DESIGN MANUAL § 70-68 ARTICLE IV. SITE DEVELOPMENT REGULATIONS Sec. 70-66. Generally. Typically, zoning regulations affect the size and location of development on individual lots and establish the basic building envelope. The development standards in this article respond to the unique characteristics of the town's five single-family zoning districts and address community concerns regarding the mass of new construction and its impact on neighborhood character. Sec. 70-67. Effective lot area. (a) Because many of the site development regulations contained in this chapter are a function of lot size, the definition of the term "lot size" becomes very important. One of the key goals of this chapter is to maintain a proper proportion and scale between buildings and between buildings and the land. Accordingly, it is necessary to establish an "effective lot area" in order to meet this goal. (b) All references to "lot size" or "lot area" in this chapter shall have the same meaning as "effective lot area" which is defined as follows. "Effective lot area" shall mean the platted/recorded lot area minus the following: (1) Any submerged lands. (2) Any lands east of the Coastal Construction Control Line established in 1978. (3) Any lands separated from the main portion of the lot by public or private roads. (4) Any lands used for private road surfaces including an additional ten feet of area beyond the edge of the pavement of a private road. (5) Any unrecorded public right-of-way which shall be determined by using an average of the recorded right-of-way adjacent to other properties along the same roadway. Sec. 70-68. Lot size and dimensional requirements. The following requirements shall apply only to lots created after the adoption of this chapter. Nonconforming lots which were legally subdivided and recorded in accordance with the regulations in effect at the time of the subdivision, but prior to the adoption of this chapter, shall have all building rights provided under this chapter and chapter 66 provided all other applicable requirements are met. Minimum Lot Size and Gulf Stream North/ Place au Dimensional Requirements Core Ocean West Beachfront South Soleil Effective Lot Area 16,500 30,000 30,000 20,000 15,000 Width Front 100 100 150 100 100 (Rectangular Shaped Lot) Front/Point 40 40 N/A 40 40 (Pie Shaped Lot) Other Lots shall have a All lots shall have a minimum frontage minimum of 150 feet of 100 feet on both of frontage on both AIA and Gulf AIA and the ocean. Stream Road where Land -locked lots are adjacent to both. prohibited. (Ord. No. 00-1, §§ 26, 27, 3-10-00; Ord. No. 008-5, § 1, 9-5-08) Supp. No. 1 CD70:27 GULF STREAM DESIGN MANUAL § 70-4 (c) In addition to the design standards contained in this chapter, for convenience, the specific mandatory land development regulations are included to facilitate an overall understanding of the review criteria to which new construction is subject. North Ocean Boulevard entering Gulf Stream Sec. 70-4. How to use this manual. (a) Organization. This chapter is organized into nine articles. The user is encouraged to read the chapter in its entirety. This chapter is a full part of the town's land development regulations and has the same force and effect of all other provisions contained therein. (1) Articles III and IV. Article III, Use Regulations, and article IV, Site Development Regulations, contain land development regulations which are mandatory and apply to all of the single-family zoning districts. These are the typical zoning -type regulations found in most other codes. (2) Articles V through VIII. Articles V through VIII provide design standards and establish a basis for review and approval of all new single-family construction or remodeling. Article V, Areawide Standards, applies to all single-family homes in the town. Provisions with respect to Gulf Stream -Bermuda and Mediterranean Revival architecture (see article VII) are not applicable if an alternate architectural design is selected. The reader is encouraged, however, to become familiar with their provisions in that they are the preferred styles in most of the town. (3) Article VL Article VI, District Standards, provides more specific design direction for the five single-family zoning districts established in this chapter. The user should identify the applicable district and should study it carefully to ensure that the unique characteristics of and appropriate design direction for that district are incorporated into any design proposal. (4) Article VIL Article VII, Predominant Architectural Styles, contains design standards for Gulf Stream -Bermuda and Mediterranean Revival styles of architecture. As discussed, these styles are not mandatory but are indicative of the predominant styles within the community. (5) Article VIII. Article VIII, Supplemental Development Regulations, addresses elements such as antennas, that sometimes are tacked on to homes that otherwise display good design character- istics. Standards for these elements are provided in this article. CD70:7 § 70-4 GULF STREAM CODE (6) Article IX. Finally, an appendix is included in article IX. This includes a glossary of architectural terms, an explanation of the development review process, details of the historic survey and single-family development survey, a discussion of color, and a bibliography. These are included as reference materials but are not formally a part of this chapter or chapter 66. (b) Illustrations. The illustrations contained within this chapter address and respond to the oppor- tunities for enhancing and preserving the visual environment of the town. (c) Design standards. The design standards in this chapter provide the town with a methodology and common framework for reviewing submissions for project approvals. The design standards contained herein are either mandatory or discretionary. The terms "required" and "prohibited" are mandatory. The terms "preferred" and "discouraged" are discretionary. These terms are defined below: (1) Required. a. Required items are design elements that are necessary in order to maintain the desired character and quality of the zoning district within which they are located. b. Compliance is mandatory for project approval. (2) Preferred. a. Preferred items are design elements that, whenever possible, should be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are those typically found in the town and which, in combination with other preferred items, define the existing and desired character of the town and the zoning districts. Preferred items are thought to comply with the 'following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating preferred items into a design increases the probability of, but does not assure, project approval. (3) Discouraged. a. Discouraged items are design elements that should not be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are not typically found in the town and detract from the existing and desired character of the town and the zoning districts. Discouraged items are thought to not comply with the following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating discouraged items into a design decreases the probability of project approval and may result in project denial. In order for a discouraged item to be approved, applicants must show, and the town must find, that the proposed item is not inconsistent with the above goals. The use of more than three discouraged items on any property is prohibited. CD70:8 GULF STREAM DESIGN MANUAL (4) Prohibited. § 70-25 a. Prohibited items are design elements that do not maintain the desired character or quality of the zoning district within which they are located and are not permitted under current codes or regulations. b. The use of more than three discouraged items on a property is prohibited. C. Use of prohibited elements mandates project denial. (d) Additional standards and criteria. Please note that the chapter constitutes only one small subsection of the Land Development Regulations found in this Code. While compliance with the standards found in articles I through VIII of this chapter is essential to final project approval, compliance with several additional standards and criteria also may be necessary before a building permit can be issued. Accordingly, users of this chapter are strongly advised to familiarize themselves with all federal, state and/or town regulations that might apply to a particular type of project. To assist in determining which town regulations may apply, users are encouraged to review the tables and flow chart contained in section 70-297 of this chapter. Users also are encouraged to direct questions to, and share information with, town planning staff as early as possible in the plan development stage. Secs. 70-5-70-25. Reserved. CD70:9 s March 18, 2012 CHAIRMAN: Robert Ganger VICE CHAIRMAN: Scott Morgan BOARD MEMBER: Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy ALTERNATE MEMBER: Amanda Jones Thomas M. Stanley REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, MARCH 22, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes: Regular Meeting and Public Hearing 2-23-12 & 3-2-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. April 26, 2012 @ 8:30 A.M. b. May 24, 2012 @ 8:30 A.M. C. June 28, 2012 @ 8:30 A.M. d. July 26, 2012 @ 8:30 A.M. VI. Items by Staff. A. Proposed Zoning Code Changes 1. Subdivision Review a. Section 66-1, Definitions b. Section 70-71, Floor Area Ratio C. Section 70-68, Lot Size & Dimensional Requirements d. Section 70-4, How to Use This Manual 2. Section 70-238, Roofs 3. Section 70-100, Roof & Eave Heights 4. Section 70-51, Minor Accessory Structures 5. Section 66-367, Swimming Pools 6. Section 66-369, Docks VII. Items by Board Members. VIII. Public. IX. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. 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U LJ r� r°� a �� aao �� a iT �G �®�pp � _ • �P � V• E 7�� � ' �� s 3 � � ;����- Y4 �� R$ g 8 - 9 g e .�q2 � z" �z83� _•�i RB 3 '�� � 4 - F� q4 �' zp 5�� �. �{ �� � � S � o �__ 3 � ` - - -- -- _�_ l S a e Em &YT- 'q_ _Z' (-e- WA 2- § 70-99 GULF STREAM CODE Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory structures) Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow Primary color tiles and shingles Roll tile and similar tile styles in all districts except Place Au Soleil S=Tile in all districts except Place Au Soleil Solar panels on the streetside Unnecessarily complex or monolithic roof design All white tile other than flat cement tile (Ord. No. 00-1, § $6, 3-10-00; Ord. No. 03-9, § 2, 10-10-03) Sec. 70-100. Roof and eave heights. (a) Generally. (1) The height and number of eave. lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential/human scale. Most structures in the town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (2) Roof height is measured from the top of the first finished floorto the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same eave line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but. are not limited to, chimneys, cupolas, decorative towers, dormers, and. small cut-outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features, if used, should provide a sense of arrival to visitors, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 feet for entry features) Eave lines: Three or less Roof features: Three or less visible per building side Roof heights: 20 feet or less (24 feet or less for roof features). (2) Discouraged. Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) Eave lines: Four Roof features: Four visible per building side Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) OC, Corr. CD70:46 GULF STREAM DESIGN MANUAL § 70-100 (3) Prohibited. Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) Eave lines: Five or more Roof features: Five or more visible per building side Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (c) Two story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts—From eight feet to 12 feet for one-story portions (from eight feet to 14 feet for entry features) 22 feet six inches or less for two-story portions All other districts—From eight feet to ten feet six inches for one-story portions (from eight feet to 14 feet for entry features) 21 feet or less for two story portions Eave lines: Four or less Roof features: Three or less visible per building side Roof heights: 22 feet or less for one-story portions (2) Discouraged. Eave heights: Beachfront and Ocean West Districts—Between 12 and 14 feet for one-story portions (between 14 and 16 feet for entry features) Between 22 feet six inches and 24 feet six inches for two-story portions All other districts—Between ten feet six inches and 12 feet six inches for one-story portions (between 14 and 16 feet for entry features) Between 21 feet and 23 feet for two-story portions Eave lines: Five Roof features: Four visible per building side Roof heights: Between 22 feet and 26 feet for one-story portions (3) Prohibited. Buildings with more than two and one-half stories Eave heights: Beachfront and Ocean West Districts—Less than eight feet or greater than 14 feet for one-story portions Greater than 24 feet six inches for two-story portions. All other districts—Less than eight feet or greater than 12 feet six inches for one-story portions Greater than 23 feet for two-story portions Eave lines: Six or more Roof features: Five or more visible per building side CD70:47 $ T ----y - ra -'r Section 66-1. Definitions. Basement shall mean that portion of a building the ,- eili g whieh is eat ebelevvgrade of less than -twee feet above gfade, which is below the finished floor elevation of the building and is located within the footprint of the first floor. A basement is not considered a story with regards to the height measurement of a building, unless the ceilingof f the basement is greater than three (3) feet above grade The area of the basement completely under the first floor footprint and having no outside entrance shall be included as 75% of the building's Floor Area Ratio calculations. The area of the basement with an outside entrance shall be included as 100% of the building's Floor Area Ratio calculations Basements shall conform to all setback regulations for structures. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the building. CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley April 20, 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, APRIL 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ArFNTIA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 3-22-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. May 24, 2012 @ 8:30 A.M. b. June 28, 2012 @ 8:30 A.M. C. July 26, 2012 @ 8:30 A.M. d. No meeting in August e. September 27, 2012 @ 8:30 A.M. VI. Reorganization of ARPB. A. Swearing in of re -appointed members B. Election of Chairman C. Election of Vice Chairman VII. Items Related to Previous Approvals. A. Change of roof tile at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis. VIII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-71, Floor Area Ratio 2. Section 70-68, Lot Size & Dimensional Requirements IX. Items by Board Members. X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, MARCH 22, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:35 A.M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the meeting to order at Robert W. Ganger Scott Morgan Paul Lyons, Jr. Malcolm Murphy Amanda Jones Thomas M. Stanley Thomas Smith John Randolph William H. Thrasher Rita L. Taylor Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Alt. Member sitting as Board Member Alternate Member Board Member Town Attorney Town Manager Town Clerk Town Consultant III. Minutes: Regular Meeting and Public Hearing 2-23-12 & 3-2-12. Vice -Chairman Morgan moved and Mr. Murphy seconded to approve the Minutes of the Regular Meeting and Public Hearing of February 23, 2012 and March 2, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. April 26, 2012 @ 8:30 A.M. b. May 24, 2012 @ 8:30 A.M. C. June 28, 2012 @ 8:30 A.M. d. July 26, 2012 @ 8:30 A.M. Mr. Lyons reminded Clerk Taylor that he would not be available for the July 26, 2012 meeting. There were no additional conflicts. Chairman Ganger asked Clerk Taylor if there were any applications for public hearing for the April meeting. Clerk Taylor said there were no applications at this time. She said there have been pre -application meetings, however, she said those applicants have not yet applied for a hearing by the Board. VI. Items by Staff. A. Proposed Zoning Code Changes Marty Minor of Urban Design Kilday Studios introduced himself for the record. He prepared a Memorandum and a draft ordinance concerning "Zoning Code Amendments Regarding Subdivision Review, Criteria and Basement Definition" for review by Staff and the Architectural Review and Planning Board (ARPB). Architectural Review and Planning Board Regular Meeting and Public Hearing - March 22, 2012 Page 2 1. Subdivision Review Mr. Minor summarized the recommended changes to the Criteria for Subdivision Review saying that in Criteria A, the proposed language that read . . . "within 500 feet of the subject parcel" has been eliminated. He said proposed Criteria A now reads, "Lots to be created by the proposed subdivision should be consistent with the immediate and adjacent surrounding neighborhood." Mr. Minor read amended proposed Criteria B which language now reads, "Proposed subdivisions shall protect the character of the Town by incorporating features that are compatible with, and complementary to, the preferred elements and overall character of the neighborhood district in which they are located, including but not limited to parcel size, parcel shape, access, topography, berms and buffers, and encourage the orderly and aesthetic development of the Town." Mr. Minor said the 500 -foot language was eliminated and language was added to provide clarification on what the Town is looking for when reviewing future subdivision applications. He said this type of criteria does not exist in the current Code and he is proposing the addition of the criteria to provide a basis for decisions to be made by the Town. Mr. Minor commented on proposed Criteria G, which addresses hammerheads, and reads, "Streets and vehicular use easements shall provide safe and efficient access for municipal services, such as fire, police and solid waste removal. As such, dead-end streets and easements ending in a "T" or "Y" turnaround shall not be permitted." Chairman Ganger asked Mr. Minor if other municipalities have similar language in their code. Mr. Minor confirmed that, and he said it is tied to municipal services for the safe and efficient provision of those services. He said there is a chain of logic between the Code and the Comprehensive Plan, and he said that goal is restated in the Comprehensive Plan. With regard to proposed Criteria D, Mr. Lyons asked Mr. Minor to explain the words . . . "and minimize conflicts among uses of land and buildings." Mr. Minor said if you are creating a subdivision and dividing land with existing structures on site, creating a non- conforming structure in that subdivision would be a conflict and could impact your neighbor with regard to where structures can be within that subdivision. Mr. Murphy said he noted that subdivision is a separate issue from building structures in subdivisions and he asked Mr. Minor if there is language that provides guidance when looking at the design of buildings in subdivisions. Mr. Minor said the current Code defines that you have to come back for the building of structures in a subdivision. All Members of the Board stated that they were comfortable with the proposed Criteria and amended language in the proposed Criteria as it relates to subdivisions. a. Section 66-1, Definitions Mr. Minor said there was a very interesting discussion at the previous meeting concerning basements which provided great input. He summarized the amended portion of the definition of basements which reads, "The square footage area of a basement completely under the first floor Architectural Review and Planning Board Regular Meeting and Public Hearing - March 22, 2012 Page 3 footprint and having no outside entrance shall be included as 750 of the building's Floor Area Ratio calculations. The area of a basement with an outside entrance shall be included as 1000 of the building's Floor Area Ratio calculations." Mr. Minor noted that two graphics have been added which better reflect what the Code is asking for when there is a change in grade. With regard to Section 70-70, Floor Area Calculation, Mr. Minor noted that subsection (6) is amended to read, "Areas in basements shall be included as 75% when it is located completely under the first floor footprint and has no outside entrance. Areas in basements with an outside entrance shall be included at 1000." He said this is a limited situation within the Town of Gulf Stream, but he said there are cases of this and by including this language in the FAR calculations you reduce the size of the above -ground structure. Chairman Ganger asked Mr. Minor if he proposes use of the graphics in the Code. Mr. Minor confirmed that and he said the Code does an excellent job of incorporating graphics to explain complicated concepts. With regard to Section 70-27, District Descriptions, subsection (c), Mr. Minor said Vice -Chairman Morgan suggested including the phrase . . . "including parcel size, parcel shape, architecture and landscaping." He said it further defines the overall character of the district and that proposed projects must incorporate design features that are compatible with that type of character. Mr. Minor said the word "character" will always be subjective when rendering a decision. All Members of the Board stated that they were comfortable with the proposed language for Section 70-70, Floor Area Calculation, and Section 70-27, District Descriptions, subsection (c) as recommended. Chairman Ganger thanked Vice -Chairman Morgan for his contributions and he thanked Marty Minor and Clerk Taylor for a great job and for providing this information saying that it was very helpful to see the language in ordinance form. He asked Clerk Taylor when this might be presented to the Commission for first reading. Clerk Taylor said if there is a motion to recommend the amendments to Code it may be presented to the Commission at their next meeting. Vice -Chairman Morgan moved and Mr. Murphy seconded to recommend that the Code of Ordinances of the Town of Gulf Stream be amended as discussed, particularly at: Section 62-10, Criteria for Subdivision Review; Section 66-1, Definitions; Section 70-27, District Descriptions; and, 70-70, Floor Area Calculation. There was no further discussion. All voted AYE. Chairman Ganger said he will present a short progress report at the Annual Meeting of the Civic Association which is scheduled for April 2nd to let their members know that the Town is taking action on these issues and it is a work in process. Clerk Taylor said the Commission will have an opportunity to review the minutes of this meeting and they will know where the Board is in the process. She pointed out that there Architectural Review and Planning Board Regular Meeting and Public Hearing - March 22, 2012 Page 4 is currently zoning in progress and suggested waiting on adopting the ordinance until the process is complete and zoning in progress can be removed. b. Section 70-71, Floor Area Ratio This matter will be discussed at a future meeting. C. Section 70-68, Lot Size & Dimensional Requirements This matter will be discussed at a future meeting d. Section 70-4, How to Use This Manual This matter was covered in the discussion of Section 62-10 and 70-27. No further discussion or action is required. 2. Section 70-238, Roofs Mr. Thrasher said Mark Marsh is not present, but he said he invited Mr. Marsh to give his professional opinion concerning this matter at today's meeting. Mr. Lyons said he drove around Gulf Stream Rd., Polo Dr. and through Place Au Soleil where he saw some roofs with the slurry -coated tile and he said it was difficult to see a difference. He said he spoke to John Mulavey of RoofTec and found that you will not save money on maintenance with the slurry -coated tile because it requires yearly cleaning to maintain the whiteness, but he said the cost of the slurry - coated tile is about 400 less than the white flat cement thou and thou. Mr. Lyons said Mr. Mulavey stated that the manufacturing process is more expensive with the thou and thou and that there may come a time in the future when the only option will be to have the thou and thou custom made, which will make it very expensive. He said Mr. Mulavey also noted that, over time, the glossy finish flattens out due to the elements. Chairman Ganger asked Mr. Murphy if he received negative comments concerning the slurry -coated tile roof in Place Au Soleil. Mr. Murphy said he has had no feedback. Chairman Ganger said that, as a Board, they have to acknowledge new technology that may bring new products and if they are similar to what is currently preferred it would be a bad idea to enforce the more expensive product. However, he said if there is a substantial difference in quality, the Board will have the authority to deny it. Chairman Ganger asked if the Code language can be drafted in such a way where the applicant must demonstrate that a different product is the same as the preferred product as far as appearance, durability, safety or any other pertinent criteria. Mr. Lyons said there are two issues, one being the appearance with respect to a flat or glossy finish, and another being the width of the tile. He said it is difficult to distinguish between the flat finish and the slurry -coated tile, except for the width, and he said the fit is different where the narrow flat finish tiles are deeper with flat sides and the larger slurry -coated tiles are more tongue in groove. Mr. Minor said the Town demands a certain quality of building materials to be used on all its projects, and that should include roof tiles. He said Staff proposes that the white flat cement thou and thou is preferable, but he said they need some direction from the Board as to what is an acceptable roof tile. Mr. Minor said both arguments have been heard and now the Board must determine the level of quality that is acceptable in the Town of Gulf Stream. Mr. Thrasher asked to go on Architectural Review and Planning Board Regular Meeting and Public Hearing - March 22, 2012 Page 5 record saying it is true that the larger tile gives the appearance of a tongue in groove and he said if you look at it from a 45 degree angle you see a 45 degree run in that tongue in groove, which is counterproductive and conflicts with the linear concept in Gulf Stream Bermuda. He said, in his opinion, it looks a bit fake, and he said his recommendation would be to maintain the untextured, unpainted and unfinished flat thou and thou. Mr. Thrasher displayed a drawing showing the smooth lines of the Bermuda Style and said the smaller tile aligns better than the larger tile with the smooth and flowing line. Mr. Murphy asked about the possibility of the thou and thou no longer being available. Mr. Thrasher said the Board will deal with that if it happens, but he said it is available now and we have permitted three homes in the last month that are using the product. Chairman Ganger said the Town does demand quality and if there is a perception that another material appears to be of a lesser quality it would affect the judgment of the Board. He said if there is another product that is indistinguishable from what is preferred at this time, there would be no reason to deny it. Clerk Taylor commented that while the Board is discussing the type of roof tiles they will also need to discuss color. She said existing Code says either white untextured, gray slate or slate -like. Vice -Chairman Morgan moved to retain Section 70-238 on Roofs and not change the color and texture of the roof tile as described in that section. Mr. Thrasher said the Board must discuss slate -like and other coloring of tiles as a part of this recommendation. He said there is proposed language which was discussed at a previous meeting that may amend this Section of the Code. Vice -Chairman Morgan struck his motion. Mrs. Jones suggested retaining white or slate and eliminating "slate - style." Chairman Ganger said the Board will soon be looking at proposals for six new homes which will be situated in one area, and he said we must establish quality standards. Mr. Murphy moved and Vice - Chairman Morgan seconded to recommend that Section 70-238, Roofs, (a) Required, at Page CD70:93 be amended to read as follows: Required. Flat, white thou and thou, smooth, un -coated tile, except that gray slate, may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences, subject to Level II approval. There was no discussion. All voted AYE. The meeting was recessed at 9:25 A.M. and reconvened at 9:30 A.M. 3. Section 70-100, Roof & Eave Heights Mr. Thrasher said he feels the language is insufficient in this Section of the Code in defining preferred, discouraged and prohibited height of the entry feature. He said when defining "Preferred" it is not clear as to what the phrase in parenthesis . . . "(from 8 feet to 14 feet for entry feature)" specifically refers to. Mr. Thrasher said this concept was introduced to try to maintain a low profile front feature and to avoid a Boca look. He referred to the example drawing saying this was an application brought to the Town, and he said it was argued that it Architectural Review and Planning Board Regular Meeting and Public Hearing - March 22, 2012 Page 6 meets Code and that the eave height of entry feature was at an acceptable or discouraged level. Mr. Thrasher said the first thing you notice about this house is the entry feature and the height of that roof. He said the overall height of the entry feature should be controlled by the heights in the parenthesis, not just the eave height. In previous applications the Town was successful in requiring that the overall height of that entry feature was from the finished floor to the very top elevation of whatever element was up there, and he said if this language concentrates only on eave heights an application could potentially be approved and end up with the look of this south elevation example, which we do not want in entry features. Mr. Thrasher said this looked wrong to Staff and we tried to convince the applicant to consider changing it to see what it would look like and they refused. He said it was sent to Mr. Minor for his assistance and with his interpretation of the Code it could not be prohibited, however, he said the applicant did not come back. Mr. Thrasher said if we want to control the entry height from finished floor to the very peak of what is up there the language must be changed to address that. Chairman Ganger said the proposed changes are consistent with the information and background provided by Staff and he asked the Board if they are comfortable with what is recommended. Mr. Thrasher said he has been successful interpreting the Code because the entry feature is controlled by the heights in parenthesis. Mr. Minor said it needs clarification and the recommended change clarifies this as looking at the entire feature and not just the eave height. Mr. Murphy moved and Mr. Lyons seconded to recommend changes to Section 70-100, Roof and eave heights as follows: Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such elements. Height: Preferred, from eight feet to 14 feet; Discouraged, from 14 feet to 16 feet; Prohibited, greater than 16 feet. Clerk Taylor asked if the same issue should be addressed with regard tc two-story structures. Mr. Minor said the same text in parenthesis appears where the Code addresses two-story structures. Mr. Thrasher asked for confirmation from either Mr. Minor or Clerk Taylor that the same language appears for both single -story and two-story structures when addressing the entry feature. Mr. Minor said breaking it out and pulling the language out of the eave height category shown in parenthesis for both one and two-story structures will provide clarification. Chairman Ganger noted that the motion pluralized "elements" and asked if there are other elements that would add height. Mr. Minor said he could not think of anything else. Staff and Members of the Board agreed that "elements" will remain plural and that the language in parenthesis addressing entry features under eave heights shall be removed. There was no further discussion. All voted AYE. 4. Section 70-51, Minor Accessory Structures Mr. Thrasher said the recommendation is that the only addition to Section 70-51, Minor Accessory Structures, is the word "Waterfalls." Architectural Review and Planning Board Regular Meeting and Public Hearing - March 22, 2012 Page 7 Mr. Murphy moved and Vice -Chairman Morgan seconded to recommend amending Section 70-51, Minor accessory structures (2) at Page CD70:24, In -ground swimming pools and spas to read: "In -ground swimming pools, spas and waterfalls." There was no discussion. All voted AYE. 5. Section 66-367, Swimming Pools Chairman Ganger asked if there are a lot of requests for grottos and Mr. Thrasher said no. He said they are very nice and a great thing for kids, but they do not fit in with Gulf Stream standards. Chairman Ganger asked if the 4 -foot height limit on waterfalls is a safety issue or an aesthetic issue. Vice -Chairman Morgan said he agrees with the 4 - foot height limit, but he said he was not sure about screening. Mr. Thrasher said the main focus is on height. Mr. Lyons asked if the sound from a waterfall would be a concern. Clerk Taylor said there is a section in the Code relating to fountains requiring they be turned off by a certain time and Mr. Thrasher said the minor accessory setbacks should be sufficient. With regard to paragraph (k), Chairman Ganger suggested that screening will be eliminated and there will be a period after the word "property." Mr. Stanley asked if a height is required on a grotto. Mr. Thrasher asked Clerk Taylor if a grotto is described in definitions and Clerk Taylor said it is not. Mr. Thrasher said the Code defines a structure as that which requires assembly, and he said a grotto would be a formation of rocks which would require assembly and would be prohibited. Mr. Minor said this would fall under minor accessory structures. Mr. Murphy moved and Mr. Lyons seconded to recommend amending Section 66-367, Swimming Pools by adding the following paragraphs: (j) No grotto shall be permitted in any zoning district. A grotto shall be considered an artificial structure or excavation made to look like a cave or cavern; and, (k) Waterfalls, minor accessory structures, shall not exceed 4' in height as measured from the average finished grade of the property. There was no discussion. All voted AYE. 6. Section 66-369, Docks Mr. Thrasher said concrete docks have been allowed because it was not clear if the language in the Code prohibited them. He asked Mr. Minor if other municipalities control type of docks. Mr. Minor said the material is not typically controlled, but he said fake wood is usually prohibited. Mr. Stanley asked about concrete spun piles, which are concrete piles. He said spun pilings are not as warm -looking as wood pilings and they do not have the texture, but they are more durable. Mr. Thrasher said concrete docks look terrible when they are deteriorating and it is more expensive to remove them, and he said that wood docks and pilings should be required. Mrs. Jones asked about floating docks. Clerk Taylor said there is a State Law which prohibits the Town from not allowing them. Vice -Chairman Morgan said as pilings and dolphins deteriorate they are sheathed with concrete below the waterline to preserve them and he said the proposed language would prohibit that. However, he said you would not see the sheathing and it probably would not be applied for. Mr. Murphy moved and Mr. Lyons seconded to recommend amending Section 66-369, Docks (7) Materials and colors, at Page CD66:71 to read: "All docks and pilings will be made from wood." There was no discussion. All voted AYE. Architectural Review and Planning Board Regular Meeting and Public Hearing - March 22, 2012 Page 8 VII. Items by Board Members. Chairman Ganger asked Mr. Minor to update the Board on the changes to the Comp Plan. Mr. Minor said the changes were submitted to the the State and to the Treasure Coast Advisory Board and the comments have come back. He said there was one minor comment from South Florida Water Management District (SFWMD) and, as they requested, he has made the changes to the water supply plan, which is a part of the Comp Plan. Mr. Minor explained that since Boynton Beach supplies the water to the annexed area, SFWMD wanted Boynton Beach to be better referenced in the water supply plan. He said he has supplied revised copies of the Comp Plan to Staff for the Commission to take up at their meeting. Chairman Ganger asked when the Comp Plan will go into effect if the Commission has no objections. Mr. Minor said if there are no objecttions there will be a 45 -day period and then the Comp Plan could go into effect either by late Spring or early Summer. Clerk Taylor distributed material to the Board which was submitted by Mr. Minor and will be on the Agenda for their next ARPB Meeting. Mr. Thrasher asked Mr. Minor to explain what their assignment is. Mr. Minor said that, based on the Code, his office has provided a visual look of what is permitted and what the existing FAR regulations provide for in both one and two-story structures in each of the single family zoning districts. He said the Board should look at possible alternatives and he will create a visual so that we can begin discussing whether or not they are appropriate for Gulf Stream. Mr. Minor said there are items on the cover of his material which were previously discussed that could provide revisions and encouragements for good design, such as where the Delray Beach Property Owners' Association allows an additional area of lot coverage if a second story is brought back 5 feet. Clerk Taylor said the purpose of this information is for the Board to determine whether or not our FAR is sufficient as it stands to address the issue of boxyness, and she said Mr. Minor has provided alternatives that the Board may want to consider. Mr. Minor said if the Board eventually recommends changes they will be able to show what is currently allowed and what is proposed, and he said it is easier to grasp when you provide a visual. Mr. Minor suggested that the Board study the material and decide whether they find the alternatives acceptable, too restrictive or not restrictive enough. Chairman Ganger said he would like to have Tom Smith in attendance when this matter is discussed because he suggested addressing boxyness in our FAR. VIII. Public. There were no items by the Public. IX. Adjournment. Chairman Ganger adjourned the meeting at approximately 10:20 A.M. Gail C. Abbale Administrative Assistant CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley REGULAR MEETING AND PUBLIC HEARING BEING REVIEW AND PLANNING BOARD OF THE TOWN OF THURSDAY, MAY 24, 2012 AT 8:30 A.M., IN GULF STREAM, FLORIDA. AGENDA May 17, 2012 HELD BY THE ARCHITECTURAL GULF STREAM, FLORIDA ON THE TOWN HALL, 100 SEA ROAD, I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 4-26-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. June 28, 2012 @ 8:30 A.M. b. July 26, 2012 @ 8:30 A.M. C. No meeting in August d. September 27, 2012 @ 8:30 A.M. e. October 25, 2012 @ 8:30 A.M. f. November to be determined g. December 27, 2012 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by James F. & Pamela Landquist, owners of the property located at 800 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 16, Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit a 155 sq. ft. garage addition to the existing 396 sq. ft. garage that encroaches 7.8 ft. into the required 20 ft. rear setback. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit a 155 sq. ft. garage addition to the existing Gulf Stream Bermuda Style single family dwelling. 2. An application submitted by John & Elisabeth Woolley, owners of property located at 935 Orchid Lane, legally described as Lot 88, Place Au Soleil Subdivision, Gulf Stream Florida. a. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW to permit the replacement of existing broken, awning type windows in all existing openings visible from the street with triple horizontal sliders. The sliders will have impact glass set in white frames. B. Ordinances 1. No. 12/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH, COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; FROM THE PALM BEACH COUNMTY DESIGNATION AGENDA CONTINUED OF RM -MULTIPLE -FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. 2. NO. 12/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71-1, TO INCLUDE NEWLY -ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66-131, THE NON- CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON -CONFORMING DENSITY; ADDING SECTION 71-8, ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDITIONS AND REHABILITATION OF MULTI -FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. VII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-71, Floor Area Ratio (continued from 4-26-12) VIII. Items by Board Members. IX. Public. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, APRIL 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I II Call to Order. Chairman Ganger called to order at 8:30 A.M. Roll Call. Present and Robert W. Ganger Participating Scott Morgan Paul Lyons, Jr. Malcolm Murphy Tom Smith Thomas M. Stanley Absent w/Notice Malcolm Murphy Amanda Jones Also Present and William H. Thrasher Participating Rita L. Taylor John Randolph Mark Marsh, Bridges, & Assoc. Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Board Member Alt. Member sitting as Board Member Board Member Alt. Member Town Manager Town Clerk Town Attorney Agent/Davis Town Consultant III. Minutes of the Regular Meeting and Public Hearing of 3-22-12. Vice -Chairman Morgan moved and Mr. Smith seconded to approve the Minutes of the Regular Meeting and Public Hearing of March 23, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. May 24, 2012 @ 8:30 A.M. b. June 28, 2012 @ 8:30 A.M. C. July 26, 2012 @ 8:30 A.M. d. No meeting in August e. September 27, 2012 @ 8:30 A.M. Chairman Ganger asked the Board Members if there were any conflicts in the meeting schedule. Vice -Chairman Morgan stated that he would not be available for the May 24th meeting. Mr. Lyons stated that he would not be available for the July 26th meeting. Chairman Ganger said he is hoping that, at the end of this meeting, the Board will have concluded the re -writing of the ordinances and that it will go to the Commission for 1st reading at their May 11th meeting. Clerk Taylor said the ARPB recommendations will go to the Commission, but they will not be in ordinance form. She said one ordinance is prepared and is sufficient; however, she said it was decided to hold the ordinance until the process is complete. Chairman Ganger said he will assume that 1st and 2nd readings will have been done by the Fall. Chairman Ganger said the Regular Meeting and Public Hearing Architectural Review and Planning Board - April 26, 2012 Page 2 public is very interested in what the ARPB is doing to make changes in the Code and they feel it has taken a long time. Clerk Taylor said the public will have to understand that these things take time. Chairman Ganger said it would be to the public's benefit to attend the meetings. VI. Reorganization of ARPB. A. Swearing in of re -appointed members Clerk Taylor administered the Oath to Robert W. Tom Smith who were re -appointed to the ARPB for B. Election of Chairman Mr. Morgan moved and Mr. Lyons seconded t Chairman. There was no discussion. All C. Election of Vice Chairman Mr. Smith moved and Mr. Lyons seconded to Chairman. There was no discussion. All Ganger, Scott Morgan and another 3 -year term. o nominate Robert W. Ganger as voted AYE. nominate Scott Morgan as Vice - voted AYE. VII. Items Related to Previous Approvals. Clerk Taylor administered the Oath to Mark Marsh, Agent for Davis, and to James Davis, property owner. Chairman Ganger asked Clerk Taylor to go through the timeline concerning this matter. Clerk Taylor said this project was first presented to the ARPB one year ago this month and, at that time, the ARPB recommended approval with the condition of a "grey roof." She said the project and ARPB recommendations were presented to the Commission in May of 2011 and the Commission approved the ARPB recommendations, with the exception of the roof tile. Clerk Taylor said the Commission asked to see a roof tile sample and then Mr. Marsh distributed photos of similar roofs, including a photo of the Ocean Ridge Town Hall. She said the Commission approved the roof tile with the condition that they see a sample of the roof tile material, but she said nothing happened until recently. Clerk Taylor said Mr. Marsh came back to the ARPB on January 26th with changes to the design of the house, there was no discussion with regard to the roof material, but she said the commitment was made that the ARPB would need to review any revisions. Mark Marsh said he would come back to ARPB with an actual roof tile sample which he said would be closer to the Ocean Ridge Town Hall roof tile. Clerk Taylor said the ARPB's Motion stipulated that the adjustment of color and texture of the roof tile was to come back to the ARPB for approval, which is what Mr. Marsh will present today. However, Clerk Taylor said, as result of the Commission asking to see the tile one year ago, the ARPB will be able to make their recommendations today for the Commission to consider at the May 11th meeting. Chairman Ganger asked if there has been any ex -parte communication. He said he drove by the Davis property this morning. There were no other declarations of ex -parte communication. A. Change of roof tile at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis. Mark Marsh said he initially presented a tile that had a bit of a glaze and he is now proposing a smaller tile with a matt finish. He said the architectural style of the home is Cape Dutch which typically features a white exterior with a dark grey roof. Mr. Marsh displayed the smaller Regular Meeting and Public Hearing Architectural Review and Planning Board - April 26, 2012 Page 3 tile with a matt finish, the color of which is called natural slate and he said it is equal or superior to the other white tile. He said you will not see much of the roof because of the pitch. Mr. Marsh said the tile on Ocean Ridge Town Hall is a blend of black, grey and white and the Entegra tile he is proposing is a solid color. He said he would like to encourage diversity and the architectural style merits contrast. Chairman Ganger asked Mr. Marsh about the color of the shutters. Mr. Marsh said they will be gun metal grey. Vice -Chairman Morgan commented that he likes the roof tile and agrees that the architectural style warrants contrast. Mr. Smith also commented that he likes the roof tile more than the previous tile proposed. Chairman Ganger reminded the Board Members that at the last meeting the Board made the decision that roof tile must be white or slate, not slate -like. He said the minutes from that meeting state that roof tile shall be flat, white thou and thou, smooth, un -coated tile, except that gray slate may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences. The Town Clerk advised that this provision was only applied to Section 70-238. It was suggested to revisit the Code changes and possibly build the Cape Dutch architectural style into the Code. Vice -Chairman Morgan said the gray roof should be limited to this architectural style with the white exterior. Mr. Smith moved and Mr. Lyons seconded to recommend approval of the proposed solid through and through dark cement tile. There was no discussion. All voted AYE. VIII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-71, Floor Area Ratio Mr. Minor reminded that there has been a concern with houses appearing to be more "box -like". He further reminded that in discussions of FAR Calculations, attention had been given to adding more visual interest to the design. In so doing, porches, balconies, etc. that were roofed but not enclosed were included in the FAR calculation. In addition, this would limit the size of homes. The result has been that this interest and the required 25% reduction of the size of the 2nd floor as compared to the size of the lst floor, for the most part, is being concentrated in one area, often the rear, which adds to a box -like appearance. He then explained 4 options to possibly improve the design. These are: Eliminate porches, patios, balconies and arcades from the FAR calculations up to 400 square feet. Allow additional FAR for the lot if the second story of the home is set back a minimum of 10 feet from the front setback line. We have provided three options for the increase in FAR for this second story setback for the ARPB's consideration. Limit the second floor area of homes to be .75 of the first floor area in all single family zoning districts. Regular Meeting and Public Hearing Architectural Review and Planning Board - April 26, 2012 Page 4 Allow front porches and balconies to extend within front setback. With regard to Option 1, there was no vote but it was thought that the current provision which allows an additional 300 square feet through a Special Exception better fits with regard to open porches etc. due to the accompanying deed restriction that prevents the open, roofed areas from being enclosed. It was unanimously voted to provide the suggested incentive FAR in Option 2 by adding 5% allowable FAR to the portion of square footage of the lot over the first 20,000 sq. ft provided the 2nd floor was setback an additional 10' from the front property line. The motion was made by Mr. Lyons and seconded by Mr. Morgan. It was felt this may help to reduce the box -like appearance of the structure. With regard to Option 3, it was moved by Mr. Morgan and seconded by Mr. Lyons that the current 75% reduction of the 2nd floor be further reduced to 700 of the 1st floor area in all single family districts to also address the problem of a box -like appearance. No vote was taken but the discussion indicated the members favored this change. There was very little discussion on Option 4 and it is expected this along with all of the other options will be further discussed at the next meeting. Chairman Ganger observed that most of the options are incentive driven which may not solve the box -like appearance. He ask Mr. Minor if he could offer any additional solutions for consideration after hearing this discussion. He added that he did not believe the Town is interested in adding strict mandatory provisions. Mr. Minor replied that he may be able to offer a few more suggestions for consideration at the next meeting. 2. Section 70-68, Lot Size & Dimensional Requirements There were no recommendations to change this section. IX. Items by Board Members. There were no items by Board Members. X. Public. There were no items by the Public. XI. Adjournment. Mr. Smith moved and Vice -Chairman Morgan seconded to adjourn the meeting. There was no discussion. The meeting was adjourned at approximately 10:25 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-04 Address: 800 Tangerine Way Proposed Improvement: Approvals Requested: Owner: James F & Pamela Landquist Agent: Self Garage addition Special Exception: To permit a 155 SF garage addition to the existing 396 SF garage that encroaches 7.8 feet into the required 20 feet required setback. Level III Architectural/Site Plan: Gross Lot size: 14,375 SF Proposed Total Floor Area: 3,336 SF Zoning District: RS -P Finished Floor: N/A Issues Considered During Review: Section 70-67 Effective lot area Section 70-70 Floor area calculations Section 70-74 Setbacks To permit a 155 SF garage addition to the existing Gulf Stream Bermuda style single family dwelling. Effective Lot Area: 14,375 SF Allowable: 4,744 Height: 13.5' Section 70-75 Special exception setbacks (c) Additions to structures with existing nonconforming setbacks. Note: Application appears to meet the standards for approval. Section 70-100 Roof and eave heights Motion to recommend approval for a Special Exception to permit a 155 SF garage addition to the existing 396 SF garage that encroaches 7.8 feet into the required 20 feet required setback. Motion to recommend approval Level III Architectural/Site Plan based on a finding that the proposed 155 SF garage addition to the existing Gulf Stream Bermuda style single family dwelling meets the minimum intent of the Design Manual and applicable review standards. ARPB Date: May 24, 2012 Action: Special Exception: Recommend approval as requested. (4-0) Level III Architectural/ Site Plan: Recommend approval as requested (4-0) TC Date: June 8, 2012 Action: Special Exception Approved as requested & recommended. (4-0) Level III Architectural/ Site Plan: Approved as requested and recommended including proposed landscaping. (4-0) Town of Gulf Stream TOWN OF GULF STREAM o,RECE Vr, D,4o APP 16 APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. ARPB File # ) — To be completed by all applicants. PART II. GENERAL INFORMATION A. Project Information I.A.1. Project/Owner Name: kAkE9 4:-1 L ISN 00 U t S'T i-(V/� P1kECA Lt} N/JQJI ST I.A.2. Project Address: 800 TfIi+V It,/ IF WA y 61)t r�Tz 33il 83 I.A.3. Project Property Legal Description: L d % J6, pttfcE 4u SOLE / I.A.4. Project Description (describe in detail, including # of stories, etc.). ADD ,.q f X 19 14" •-M n 05� I.A.5. Square Footage of New Structure or Addition: ISS ,SGL J::�f Architectural Style: &*'TTN F-- KI mo t— 1.A.6. Check all that apply:'( Architectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures ❑ Non-residential uses ❑ Variance (complete section G) W Special Exception (complete section E) 1.A.7. (a) Proposed F.F.E.: B. Owner Information Type of Foundation: S) -AP OH 60,•Dl, I.B.1. Owner Address: 906 T -+N6 t< 1111: - jv/7 / 6 U L jst::�- _g QfV 33 3 1.B.2. Owner Phone Number: -5-b l 76(o -776x-? Fax: ql S -97-A4-0014 1.B.3. Owner Signature: N. C. Agent Information I.C.1. Agent Name and Firm Name: se I.C.2. Agent Address: I.C.3. Agent Phone Number: (o) cell Fax 1.C.4. Agent Signature: Official Use Only Pre -App Date: ARPB Date: App Date: Recommendation: Com Date: TC Date: Decision: 3 5 Y3 'A Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff Please be concise but brief. Attach additional sheets only when necessary and be sure to include the a question number for each response. Please and complete A. Project Description and Justification III.A.1. In what zoning district is the project site located? nil P 5 _ 10 III.A.2. Is the project compatible with the intent of the zoning district? VYes ❑ No Explain. Co III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? ;'Yes ❑ No Explain, III.A.4. Flow are ingress and egress to the property to be provided? i1?�e A) ]:)j.AUt� III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage Alk - b. Sanitary Sewer _XiS"Tin1W c. Potable Water d. Irrigation Water e. Electricity 1E,-1 111p N61 f. Telephone Ko t g. Gas h. Cable Television rx/S`1"/ III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does the projecti volve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? ❑ Yes 1VNo (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes N(No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes 9,'No (If "Yes", section D of this part must be completed.) IV.A.5. D es the project require approval of a Special Exception? ;'Yes ❑ No (If "Yes", section E of this part must be completed.) IV.A.6. Is the prof ct at variance with any regulations contained in the Zoning Code? ❑ Yes XNo (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 E. Projects Requiring a Special Exception. IV.E,1, Is the proposed use a permitted special exception use? �6e1 ❑ No Code Section: --5 c IV.E,2. How is the use designed, located and 7 proposed to be operated so that the Public health, safety, welfare, and morals will be protected? IV.E,3. Will the use cause subst ntial in'u be located? ❑ Yes k o rY to the value of other property in the neighborhood where it is to Explain. '"LAAi LL- 11J C 1 'J _ Ali �A !7 IV.E.4. J-fU,, How will the use be com � Off% is to be located? Patible with adjoining development and thecharacter of the Dis whet d- 0'�S —� � ItJ 11-i JAL �FPu�r cv��EsT�c� �nA :7 A.i 2 (d a ------------ IV.E.5. What landscaping P g and screening are provided? 5 E LA-Woscrd N6 PLA -KA � P2clt bib IV.E.6, Does the u applicable regulations governing located? j(YeS 1:1 No conform with all the District wherein it is to be Explain. F. Non -Residential Projects and Residential Projects of Greater than 2 Units IV.F.1. If common area facilities are to be provided, describe them and how the i I AY are to be maintained. IV.F,2. If recreation facilities are to be provided, describe them and their Potential acts properties. enial im p on surrounding NIA_ ------------- IV.F.3. 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FL STATE REG " 33138 0 SOO TANGERINE WAY A19D CERTIFIED PROFESSONAL ®U'LER DNG DESIGN CONSTRUCTION DOCUMENTS FOR 13938 CRANBERRY COURT WELLINGTON, FLORIDA FD GULF STREAM, FLORIDA IOWNER f"A N N N N N ZZb0NDr0-4ZZZm N 1> y Z�pZG�G�G� N r_- m D Up ODmuTTj uo 000 iN m M N z< A D G% D<< U<AmG�A D AA pA<A0 X0xM F- 1 mm 0D< U n Dm0D m }�irtl m*DA< m -0 -0 v m b n Lo EA D °° z D r O ,` IV D N (� z D -4 b D o E m O o N z z W w U O O r D N A tw 7AC N Am O�� Ld N 0 DD O N D p t� N N N �^Dp D° pDD� Y ° mN Apa O snN O 68 6C ....._1. N1. -----� r -- ------- — ---- I 0 9 v k' m _ Is I I z I �: I I \ Zt \ �:m -. M Ir � XYZ r� f� O U A O G% (p Z Z N d f V 71 r D X �n O A0 t 7DpN e mz O m Z z f _. i — 4 "i1 O oo 0 tv m �s ,:y j 3 r w N r � V/ O � x r m Cn m O m O 0 00 D D m m a N N M rn O m D z < m us r o SOUTH COUNTY ( 561 ) 218-3038 (GENZ ENGINEERING INC.) FL STATE REG " 33138 0 PROPOSED ADDITION FOR: JAMES LANDQUIST 4 PRECISION DRAFTING AND DESIGN INC 34 VISTA DEL RIO, BOTNTON BEACH, FLORIDA 33476 STRUCTURAL ENGINEER: NORTH COUNTY ( 861 ) 733-0669 W. ERIK GENZ PAMELA LANDQUIST SOUTH COUNTY ( 561 ) 218-3038 (GENZ ENGINEERING INC.) FL STATE REG " 33138 SOO TANGERINE WAY A19D CERTIFIED PROFESSONAL ®U'LER DNG DESIGN CONSTRUCTION DOCUMENTS FOR 13938 CRANBERRY COURT WELLINGTON, FLORIDA FD GULF STREAM, FLORIDA IOWNER NEW HOMES - ADDITIONS - REMODELING / DESIGNER B. DAVID FRANK o 0 X m (< I i A#'j ___. r=, � ro 1 ?�ti �E R, ti C a OY Niii yr{s (561) 772619 1� MARK J. 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PALM BEAC11 = RARIDA 11117 REVISION NOIa'Tl-1 ORDINANCE NO. 12/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD AIA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A"; FROM THE PALM BEACH COUNTY DESIGNATION OF RM -MULTIPLE -FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town, through referendum, annexed 12 properties consisting of 16.6 acres, more or less, generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, on March 15, 2011. WHEREAS, the subject 16.6 acres currently has a Palm Beach County zoning designation of RM - Multiple -Family Residential (Medium Density). WHEREAS, the subject property has a Town future land use plan designation of of MF (Multi - Family). WHEREAS, the Town desires to amend its Zoning Map to designate the subject property as RM (Multiple Family Residential District), which is consistent with its future land use designation. WHEREAS, the Town Commission, upon recommendation from the Architectural Review and Planning Board, recommends amendment of the Town's Zoning District Map to reflect the rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. Incorporation of Recitals. The above recitals are incorporated as fully set forth herein. Section 2. Findings. The proposed rezoning of the 12 parcels, legally -described in Exhibit "A" attached, has been determined by the Architectural Review and Planning Board and the Town Commission to be consistent with the properties' MF (Multi -Family) future land use designation. It has also been determined that the rezoning is in harmony with the general purpose and intent of the Town's Comprehensive Plan and Land Development Regulations and is compatible with the intensity and density of the surrounding, existing and future land uses. Section 3. Rezoning. The 12 properties of real property located within the corporate limits of the Town of Gulf Stream, consisting of approximately 16.6 acres, more or less, in size located generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, and currently zoned Palm Beach County designation of RM -Multiple -Family Residential (Medium Density) is hereby rezoned to RM (Multiple Family Residential District). Section 4. Amendment to the Zoning Map. The Town of Gulf Stream Zoning Map is hereby amended to conform to this Ordinance, and the Town Manager is hereby authorized and directed to make appropriate changes to the zoning district map of the Town. Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 8th day of June , 2012, and for a second and final reading on this 13th day of July 2012. Vic Ma r �j Commissioner Comniiissioner Commissioner ATT, P—,& Town Clerk EXHIBIT A LEGAL DESCRIPTION: A tract of land lying within Government Lot 2 of Section 34 Township 45 South Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 370 feet more or less to a point lying at the intersection of the West line of Government Lot 2 and a line parallel to and 2219 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 2219 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point, said point being the Southeast corner of the parcel as described in Schedule "A" as recorded in ORB 7236, PG 1193, official records of Palm Beach County, Florida; thence run northerly along a line parallel to the West line of Government Lot 2 a distance of 300 feet more or less to a point, said point being on a line parallel to and 1919 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line, and said point being the Northeast corner of the parcel as described in the General Warranty Deed as recorded in OR BOOK 15065, PG 1967, official records of Palm Beach County, Florida; thence run westerly along said parallel line 1919 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point on the West line of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 667 feet more or less to a point of intersection with the North line of Lot 17, Benson Bros. Subdivision as recorded in PB 5, PG 27, public records of Palm Beach County, Florida; thence run easterly along the easterly projection of the North Line of said Lot 17 to the centerline of State Road A -1-A, thence run southeasterly along the centerline of State Road A -1-A a distance of 325 feet more or less to a point, said point being on a line parallel to and 1569.0 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 1569.0 feet south of the North line of Government Lot 2 a distance of 510 feet more or less to the waters of the Atlantic Ocean; thence run southerly along the waters of the Atlantic Ocean a distance of 1010 feet more or less to the point of intersection of said waters and the South line of Government Lot 2, thence run westerly along the South line of Government Lot 2 a distance of 605 feet more or less to the point of beginning. ORDINANCE NO. 12/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD AIA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A"; FROM THE PALM BEACH COUNTY DESIGNATION OF RM -MULTIPLE -FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town, through referendum, annexed 12 properties consisting of 16.6 acres, more or less, generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, on March 15, 2011. WHEREAS, the subject 16.6 acres currently has a Palm Beach County zoning designation of RM - Multiple -Family Residential (Medium Density). WHEREAS, the subject property has a Town future land use plan designation of of MF (Multi - Family). WHEREAS, the Town desires to amend its Zoning Map to designate the subject property as RM (Multiple Family Residential District), which is consistent with its future land use designation. WHEREAS, the Town Commission, upon recommendation from the Architectural Review and Planning Board, recommends amendment of the Town's Zoning District Map to reflect the rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. Incorporation of Recitals. The above recitals are incorporated as fully set forth herein. Section 2. Findings. The proposed rezoning of the 12 parcels, legally -described in Exhibit "A" attached, has been determined by the Architectural Review and Planning Board and the Town Commission to be consistent with the properties' MF (Multi -Family) future land use designation. It has also been determined that the rezoning is in harmony with the general purpose and intent of the Town's Comprehensive Plan and Land Development Regulations and is compatible with the intensity and density of the surrounding, existing and future land uses. Section 3. Rezoning. The 12 properties of real property located within the corporate limits of the Town of Gulf Stream, consisting of approximately 16.6 acres, more or less, in size located generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, and currently zoned Palm Beach County designation of RM -Multiple -Family Residential (Medium Density) is hereby rezoned to RM (Multiple Family Residential District). Section 4. Amendment to the Zoning Map. The Town of Gulf Stream Zoning Map is hereby amended to conform to this Ordinance, and the Town Manager is hereby authorized and directed to make appropriate changes to the zoning district map of the Town. Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 8th day of June , 2012, and for a second and final reading on this 13th day of July 2012. Vic Ma r �j Commissioner Comniiissioner Commissioner ATT, P—,& Town Clerk EXHIBIT A LEGAL DESCRIPTION: A tract of land lying within Government Lot 2 of Section 34 Township 45 South Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 370 feet more or less to a point lying at the intersection of the West line of Government Lot 2 and a line parallel to and 2219 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 2219 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point, said point being the Southeast corner of the parcel as described in Schedule "A" as recorded in ORB 7236, PG 1193, official records of Palm Beach County, Florida; thence run northerly along a line parallel to the West line of Government Lot 2 a distance of 300 feet more or less to a point, said point being on a line parallel to and 1919 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line, and said point being the Northeast corner of the parcel as described in the General Warranty Deed as recorded in OR BOOK 15065, PG 1967, official records of Palm Beach County, Florida; thence run westerly along said parallel line 1919 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point on the West line of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 667 feet more or less to a point of intersection with the North line of Lot 17, Benson Bros. Subdivision as recorded in PB 5, PG 27, public records of Palm Beach County, Florida; thence run easterly along the easterly projection of the North Line of said Lot 17 to the centerline of State Road A -1-A, thence run southeasterly along the centerline of State Road A -1-A a distance of 325 feet more or less to a point, said point being on a line parallel to and 1569.0 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 1569.0 feet south of the North line of Government Lot 2 a distance of 510 feet more or less to the waters of the Atlantic Ocean; thence run southerly along the waters of the Atlantic Ocean a distance of 1010 feet more or less to the point of intersection of said waters and the South line of Government Lot 2, thence run westerly along the South line of Government Lot 2 a distance of 605 feet more or less to the point of beginning. CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley REGULAR MEETING AND PUBLIC HEARING BEING HELD REVIEW AND PLANNING BOARD OF THE TOWN OF GULF THURSDAY, JUNE 28, 2012 AT 8:30 A.M., IN THE GULF STREAM, FLORIDA. AGENDA June 22, 2012 BY THE ARCHITECTURAL STREAM, FLORIDA ON TOWN HALL, 100 SEA ROAD, I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 5-24-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. July 26, 2012 @ 8:30 A.M. b. No meeting in August C. September 27, 2012 @ 8:30 A.M. d. October 25, 2012 @ 8:30 A.M. e. November to be determined f. December 27, 2012 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Roy Simon as agent for Mr. & Mrs. Paul Lyons, Jr., owners of property located at 2945 Polo Drive, legally described as Lot 12, Gulf Stream Properties Subdivision, Gulf Stream, Florida. a. VARIANCE to permit the replacement of an existing semi -circular flat roof over the dining area with a roof of a complex geometrical configuration consisting of 5 sections. b. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bedroom addition of 272 square feet. C. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of a bedroom and an enlargement of the dining area which includes a roof of complex geometrical configuration, a total of 323.9 square feet, to the existing Gulf Stream Bermuda style, 1 - story single family dwelling. 2. An application submitted by Roy M. Simon, Architect as agent for Mr. & Mrs. Peter A. Lyons owners of property located at 3550 Gulf Stream Road, Gulf Stream, Florida 33483, legally described as Lot 2, Block 2, Plat No. 1 Polo Fields, Gulf Stream, Florida, for the following: a. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bathroom addition of 277 square feet. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of a bathroom and reconstruction of the AGENDA CONTINUED front entry porch that includes a Dutch gable, a total addition of 488.7 square feet, to existing Colonial West Indies style 1 -story single family dwelling; the removal of existing pool and construction of a new pool; and the removal of the circular driveway to accommodate a front lawn enclosed with a 4' high fence. The driveway into the garage will be Chicago brick and a back -out space will be included. VII. Items Related to Previous Approvals. A. Landscaping revision related to approved renovations and improvements at 1314 N. Ocean Blvd. submitted by Krent Wieland Design, Inc. VIII. Items by Staff. A. Additional Review of Proposed Amendment to Section 70-238, Roofs, as Written in Proposed Ord. 12\4. IX. Items by Board Members. X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, MAY 24, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:25 A. M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the meeting to order at Robert W. Ganger Paul Lyons, Jr. Malcolm Murphy Thomas M. Stanley Scott Morgan Tom Smith Amanda Jones William H. Thrasher Rita L. Taylor John Randolph James Landquist John Woolley Marty Minor of Urban Design Kilday Studios Chairman Board Member Board Member Alt. Member sitting as Board Member Vice -Chairman Board Member Alt. Member Town Manager Town Clerk Town Attorney Applicant / 800 Tangerine Way Applicant / 935 Orchid Lane Town Consultant III. Minutes of the Regular Meeting and Public Hearing of 4-26-12. Mr. Murphy moved and Mr. Lyons seconded to approve the Minutes of April 26, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. June 28, 2012 @ 8:30 A.M. b. July 26, 2012 @ 8:30 A.M. C. No meeting in August d. September 27, 2012 @ 8:30 A.M. e. October 25, 2012 @ 8:30 A.M. f. November to be determined g. December 27, 2012 @ 8:30 A.M. Chairman Ganger asked if there will be a quorum for the next two meetings. Clerk Taylor said it looks like there will be a quorum. There were no conflicts with the meeting schedule. VI. PUBLIC HEARING. Chairman Ganger asked for declarations of ex -parte communication concerning the applications for public hearing. Mr. Murphy stated that Mr. and Mrs. Landquist are his neighbors and he advised them of the application and approval process. Mr. Lyons stated that he drove by the Architectural Review and Planning Board Regular Meeting and Public Hearing - May 24, 2012 Page 2 property. Clerk Taylor administered the Oath to James Landquist, John Woolley and Marty Minor. A. Applications for Development Approval 1. An application submitted by James F. & Pamela Landquist, owners of the property located at 800 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 16, Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit a 155 sq. ft. garage addition to the existing 396 sq. ft. garage that encroaches 7.8 ft. into the required 20 ft. rear setback. Mr. James Landquist of 800 Tangerine Way introduced himself and presented his application to the ARPB. He said he is proposing the addition to his one -car garage to make it a two -car garage, which will also increase the size of their driveway. Mr. Landquist saidhis house was built in 1962 and they were informed that the addition is too close to the 20' setbacks, and he said because of the angle at the back of the lot they had to design the additional garage to be much shorter than the existing. He said, in doing this, they are planning to redo the landscaping, which landscape plan is included. Mr. Landquist said his rear fence borders the new Hyundai Property where trees have been removed. He said they would like to plant in that area to screen Hyundai's 6' fencing. Mr. Landquist said one side of their home is mostly sand where they would like a grassy area and more plantings, and they will remove some of the pathways. Mr. Murphy asked about the timeline for construction and Mr. Landquist said it will be done over the summer. Mr. Stanley asked how the front of the garage will look from the street. Mr. Landquist said it looks like a standard two -car garage from the front elevation, it will have the same roof line as the existing, they will remove the roof from the existing garage and it will be uniform. Chairman Ganger asked if their existing driveway is pavers. Mr. Landquist said they currently have gray pavers and they will redo the entire driveway with coral -colored pavers. Chairman Ganger asked Clerk Taylor if there were any comments concerning this matter from neighboring residents. Clerk Taylor said Ingrid Kennemer commented that she was in favor. There were no comments from Staff. Mr. Stanley moved and Mr. Lyons seconded to recommend approval for a Special Exception to permit a 155 SF garage addition to the existing 396 SF garage that encroaches 7.8 feet into the required 20 feet required setback. There was no discussion. All voted AYE. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit a 15E sq. ft. garage addition to the existing Gulf Stream Bermuda Style single family dwelling. Mr. Murphy moved and Mr. Stanley seconded to recommend approval of Level III Architectural/Site Plan based on a finding that the proposed 155 SF garage addition to the existing Gulf Stream Bermuda style single family dwelling meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Architectural Review and Planning Board Regular Meeting and Public Hearing - May 24, 2012 Page 3 2. An application submitted by John & Elisabeth Woolley, owners of property located at 935 Orchid Lane, legally described as Lot 88, Place Au Soleil Subdivision, Gulf Stream Florida. a. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW to permit the replacement of existing broken, awning type windows in all existing openings visible from the street with triple horizontal sliders. The sliders will have impact glass set in white frames. Mr. Woolley introduced himself and presented his application to the ARPB. He said he would like to replace their 40 -year old, poorly functioning, awning type windows with horizontal, high impact sliders. Mr. Woolley said they chose horizontal sliders to avoid having them open onto the porch. They look almost identical to casement except that they move from side to side. He said Plantation shutters are throughout the house and sliders are easier than casement to open and maneuver. He said they would like to do the window replacement in two phases due to cost and his wife's asthma issue. Mr. Woolley said doing this in a 40 - year old house can create a lot of dust and release materials from the walls and, therefore, they plan to section off the house and do the work in two phases. Mr. Woolley stated that all windows will duplicate the existing with regard to size and number. Mr. Lyons said he viewed the property and commented that the window Mr. Woolley is proposing in the patio area will not look different from the street. With regard to the other windows, he asked Mr. Woolley why he would not use casement. Mr. Woolley said he thought the ARPB would prefer one style throughout to be consistent. Mr. Murphy asked about the discouraged element and Mr. Thrasher said roller -style sliders are clearly discouraged. Mr. Stanley noted that there are no muttins on the proposed windows and Mr. Woolley said if muttins are preferred they would do that. Mr. Thrasher said the total glass has been measured and muttins will not be required by Code, but he said if the existing blinds remain, there will be some busyness in appearance, which may not be relevant. He said, as presented, they meet the Code with regard to opening size, but he added that they could accomplish the look they are going for with another type of window that does not go against the Code. Mr. Stanley asked if any other ranch -style homes in Place Au Soleil have had window replacement with a similar style. Mr. Thrasher indicated that, to date, he has not received any permit applications to replace dated windows. Chairman Ganger said there are certain safety standards for bedroom windows. Mr. Woolley said they are replacing bedroom windows, but he said sliders are not a safety issue and, in fact, are easier to climb through. Mr. Lyons asked Mr. Thrasher for his view of having a slider in the porch area and casement throughout the remainder of the house. Mr. Thrasher said it should be consistent. Chairman Ganger said he does not like to approve discouraged elements, but he said he would be willing to Architectural Review and Planning Board Regular Meeting and Public Hearing - May 24, 2012 Page 4 approve this application because they will look like the existing windows from the street and they will be consistent throughout. Mr. Randolph said this application stands on its own merit and does not necessarily set a precedent in the event another property owner requests the same. Mr. Stanley asked Mr. Woolley if he had a strong objection to replacing all windows at once for reasons other than cost. Mr. Woolley said it is mainly because of his wife's asthma. He said, if the approval depends on replacing all windows at the same time, they may have to spend the summer in Maine. Mr. Thrasher commented that regardless of screening, the fine dust will travel throughout, and he said he would prefer that all replacement is done at the same time. Chairman Ganger asked Clerk Taylor if there have been any comments from neighbors. Clerk Taylor said there have been no comments. There were no further comments from Staff. Mr. Stanley moved and Mr. Murphy seconded to approve Level II Architectural/Site Plan for the replacement of all windows on all elevations to a roller -style window as proposed on the spec sheet, with the following condition: The replacement of all windows on all elevations to roller -style will be done in completion, not in phases. There was no discussion. All voted AYE. Mr. Lyons suggested that Mr. Woolley have his contractor install a heavy duty filter and change it frequently during the window replacement, which will help keep the air clean. Chairman Ganger updated the ARPB Members on the Special Commission Meeting saying that there was a lively discussion with regard to the ARPB recommendations that have been set forth to date. He said the recommendations will go before the Commission in ordinance form for first reading at their June 8th meeting. Chairman Ganger said there were some changes and some additions, such as no clear cutting of lots when coming in with a subdivision. He said, in general, the recommendations were endorsed. Chairman Ganger thanked Mr. Lyons for joining him at the Commission Meeting and he said there were a few residents that also attended. He thanked the Commission and commented that the Commission took the ARPB recommendations very seriously and asked great questions. Chairman Ganger asked if any recommendations made today would go into the ordinance for first reading. Clerk Taylor and Mr. Randolph confirmed that. B. Ordinances. Mr. Minor briefly summarized the Ordinances for a recommendation of approval to the Commission. He said the first ordinance concerns rezoning of the annexed area. The Town Commission has adopted the land use portion of that area as multi -family, which change has been reviewed by the State Land Planning Agency (formerly DCA) and other appropriate State agencies, all of whom have signed off on it. Concurrently, it will be rezoned so that the rezoning has the Town's designation of Residential Medium (RM) to match the land use applied to that area. The first ordinance concerns the rezoning of this property from the County designation of RM to the Town designation of RM. Mr. Minor said the Architectural Review and Planning Board Regular Meeting and Public Hearing - May 24, 2012 Page 5 County allowed 12 units per acre and the Town will allow 5.7 units per acre. Mr. Minor said the second ordinance includes a provision regarding reconstruction of loss in the event of an emergency such as a hurricane or fire, which states they can reconstruct as is, but no larger. It amends the multi -family section of the Zoning Code, listing the projects in RM West and RM East, with an additional provision addressing rehab and additions to existing structures in that area, which states that it must be consistent with Town Code. There is also a reference to the Special Exception process. Chairman Ganger asked about the one commercial property in that area that operates as a time share. He asked if it could be sold for the same use. Mr. Minor said time share is not allowed by Code and, therefore, it is a non -conforming use. Mr. Randolph said these are purely zoning regulations that run with the land and they have the right to sell it for the same use; however, he said if it is abandoned, the property would have to conform. 1. No. 12/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH, COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD A1A, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; FROM THE PALM BEACH COUNMTY DESIGNATION OF RM -MULTIPLE -FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Stanley read the title of Ordinance No. 12/2. Mr. Stanley moved and Mr. Murphy seconded to recommend approval of Ordinance 12/2 to the Town Commission of the Town of Gulf Stream Town, FL for 1st reading at their June 8, 2012 Meeting. There was no discussion. All voted AYE. 2. NO. 12/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71-1, TO INCLUDE NEWLY -ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66-131, THE NON- CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON -CONFORMING DENSITY; ADDING SECTION 71-8, ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDITIONS AND REHABILITATION OF MULTI -FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Mr. Murphy read the title of Ordinance No. 12/3. Mr. Murphy moved and Mr. Stanley seconded to recommend approval of Ordinance 12/3 to the Town Architectural Review and Planning Board Regular Meeting and Public Hearing - May 24, 2012 Page 6 Commission of the Town of Gulf Stream Town, FL for 1st reading at their June 8, 2012 Meeting. There was no discussion. All voted AYE. Mr. Lyons asked Mr. Minor why RM West and RM East are divided. Mr. Minor said it was an established breakdown because East of A1A has slightly different regulations than West of A1A which reflect current conditions. Chairman Ganger asked whether there have been any proposals from the Seahorse for construction on the West side of A1A. Mr. Minor said single family structures are encouraged in RM West, the minimum lot size is 20,000 SF and there is room for two single family structures. Mr. Thrasher said Staff has reviewed some conceptual designs, all of which are multi -family. No applications have been submitted for that property. VII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-71, Floor Area Ratio (continued from 4-26-12) Mr. Minor said Floor Area Ratio was discussed at the last meeting and the Commission looked at two recommendations. One was the additional FAR incentive and moving the second story back 10 feet and the other was making the maximum second floor area .7 of the first floor area for all districts. At the end of the discussion, the ARPB requested additional mandatory measures to ensure further variations rather than the cookie cutter facade. He said a new paragraph is proposed under 70-73. Two - Story Structures, where an applicant must incorporate one of four features within the front facade of any new two-story structure: (1) A second -story setback of 5 feet; (2) a front porch with a minimum of an 8' depth; (3) a balcony of a minimum of 24 SF; or (4) an arcade, each of which would provide a level of visual interest. In addition, a waiver is included which provides that the Town Commission may waive this requirement if the applicant can demonstrate that these features are inconsistent with the homes architectural style and that the visual variation is provided through other measures. Mr. Lyons said the use of the word "front" does not work with corner lots with one very long wall that faces the streets. Mr. Minor suggested "incorporated within the front facade or facades facing roadways. Mr. Lyons said he prefers that wording. Chairman Ganger asked how he would respond to these suggestions if he was an architect. Mr. Minor said he has had this conversation with several architects and they like the waiver and they like everything spelled out to better understand their parameters and to provide options to the applicant. Mr. Stanley suggested using ". . . facades facing public or private roadways." Mr. Minor clarified that he would be making a change to the second sentence of Section 70-73(b) to read, "One or more of the following features shall be incorporated within facades facing public or private roadways on any two-story single family home in all zoning districts." Mr. Murphy moved and Mr. Lyons seconded to recommend approval of the proposed language, as amended, to the Town Commission. There was no discussion. All voted AYE. Architectural Review and Planning Board Regular Meeting and Public Hearing - May 24, 2012 Page 7 Mr. Lyons noted that the ARPB approved a slate roof on Palm Way and he said at a previous meeting it was suggested to include the Cape Dutch architectural style in the Code. Chairman Ganger said that gray tile is now an approved color. Mr. Randolph clarified saying the Commission decided to leave the strict language of the Code as it relates to white thou and thou, non -coated tiles and gray slate tiles, eliminating slate - like, with a provision to allow the discretion for a modification to that if good cause is shown. Further, he said any modification to that would be subject to the ARPB approval process. Mr. Randolph said this only relates to the predominant architectural style of Gulf Stream Bermuda. Clerk Taylor said Cape Dutch does not fall into the predominant styles, but it can fall into the overall section, which everyone must comply with. Mr. Minor said the Board would like to clean up the section of the Code that addresses metal roofs. He said metal roofs are listed under "prohibited" with a note which states, "Certain metal roofs determined by the Town to be appropriate to the structure and to the neighborhood may be approved only in instances of re -roofing of existing structures based upon an engineer's certification that the existing structure will not support a tile roof." Mr. Randolph said a recent applicant did provide an engineer's certification stating that his structure cannot support a tile roof and when the Commission wanted the Town's engineer to test that certification, the applicant refused to allow that. He said the recommended language, which reads, "This certification shall be reviewed and confirmed by the Town and its engineer prior to approval of the roof material" will provide clarification of the note in this section. Mr. Lyons moved and Mr. Stanley seconded to recommend approval of inserting this language into the note to clarify this section of the Code. There was no discussion. All voted AYE. With regard to slope of driveways, Mr. Thrasher said Mr. Minor had communication with an engineer who indicated that an existing slope of driveway of a newly -constructed single family home in Gulf Stream has a 1 in 10 slope. Mr. Thrasher said he walked this slope and it is reasonable, compared to the driveway slope on the Coon property, which is 1 in 5. He asked Mr. Minor if he was at a point where simple language could be comprised to include, "no slope would exceed the 1 in 10 degree." Mr. Minor said he is waiting to hear from another engineer before providing this language. Mr. Randolph said the Board can approve the concept that they want language incorporated into the ordinance which allows for a reasonable slope approaching garages or driveways, and he said if the Board is comfortable considering this without figuring out the slope it can go directly to the Commission from here. Mr. Stanley moved and Mr. Lyons seconded to approve the recommendation of language addressing the slope of driveways to be further reviewed by Staff and submitted to the Town Commission. There was no discussion. All voted AYE. With regard to Section 70-238, Roofs, Mr. Thrasher asked Mr. Minor if Cape Dutch could be included in the phrase, " . . . predominantly Architectural Review and Planning Board Regular Meeting and Public Hearing - May 24, 2012 Page 8 Georgian or British Colonial with Bermuda influences." Mr. Minor said he is not as familiar with Cape Dutch, but he said he would talk to Mark Marsh to provide an answer. Mr. Randolph said as a result of the Commission Meeting we now have a no clear cutting provision in the subdivision Code. He said the Commission directed Staff for a landscaping provision to address single family lots which would regulate the manner in which people treat their landscaping. They asked for language from many standpoints such as leaving existing landscaping along the lot perimeter during construction, or requiring that new landscaping must stay and an approval process would be required if taken out. Mr. Randolph said there are no language details, but he said this can be handled in the same fashion as slope of driveways. Mr. Thrasher said he would also like to add a description of a Level II Architectural/Site Plan that includes landscaping. He said currently there are not provisions in the Code that address changing out, moving, modifying or adding landscaping. Mr. Randolph said Jupiter Island has a provision that screening is required to protect the neighborhood from viewing construction. Mr. Stanley said Delray handles this matter administratively. He said construction screening cannot be left up indefinitely, the contractor must put in landscaping such as a hedge, and certain trees could be tagged that must remain. Mr. Lyons said Vice -Mayor Orthwein suggested phases where a hedge could be removed to allow entry of equipment, but the hedge must be replaced at the close of construction. Chairman Ganger suggested informing the Commission that the ARPB is addressing the removal of historic trees and hedging during construction, but that additional information and further guidance is required to put this language in ordinance form. Chairman Ganger mentioned painted should require a Level I review, only, not seawalls. He said this VIII. Items by Board Members. bulkheads. Mr. Thrasher said this which currently addresses structures should be addressed. IX. Public. There were no items by the Public. X. Adjournment. Mr. Stanley moved and Mr. Murphy seconded to adjourn the meeting. The meeting was adjourned at 11:00 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-05 Address: 2945 Polo Drive Proposed Improvement: Approvals Requested: Owner: M/M Paul Lyons, Jr. Agent: Roy Simon Enlargement of dining area and addition of Variance: To permit the replacement of an existing se; flat roof over the dining area with a roof of geometrical configuration consisting of 5 se, Special Exception: To permit the extension of the existing nort] single family dwelling that encroaches 2.5 ii north side setback for a bedroom addition c Level III Architectural/Site Plan: Gross Lot Area: 16,715 Permitted Floor Area: 5,516 Zoning District: RS -C To permit the addition of a bedroom and ar enlargement of the dining area which incluc complex geometrical configuration, a total c the existing Gulf Stream Bermuda style, 1-s family dwelling. Effective Lot Area: 16,715 Proposed Total Floor Area: 3,854 Adjacent Residences Style: Mostly Gulf Str( Bermuda Note: This application was sent to Mr. Marty Minor of Urban Design Kilday StudioE review. His memorandum is attached to this report for your review and considerat' Considered During Review: Division III. Variances Section 66-154 Standards The determination to recommend approval of this variance is to be based upon whet eight (8) standards, as defined in Section 66-154 of the Code, have been met. Section 70-74 Setbacks The structure has non -conforming side setbacks. Section 70-75 Special exception setbacks. NOTE: This application does meet all standards which would allow for this special c specially: Section 70-99 Roof design, slope and materials (3) Prohibited. Unnecessarily complex roof design. Lyons 2945 Polo Drive ARPB File #012-05 ARPB June 28; TC July 13, 2012 Page 2 NOTE: This application has a complex roof design Section 70-101. Windows. (b) Preferred. (2) Use of muntins to divide glass into unified section of four square feet (: (c) Discouraged. (1) Windows as dominant element (2) Bay windows as a prominent element (4) Between 25 percent and 50 percent of total window opening area on aG composed of undivided panes larger than eight square feet. Staff Recommendations: Variance Motion to Recommend Approval of variance based on the finding that the replacers existing semi -circular flat roof over the dining area with a roof of a complex geometr configuration consisting of 5 sections meets the minimum intent of the Design Manu applicable review standards. Special Exception Motion to Recommend Approval of Special Exception of the extension of the existii wall of a single family dwelling that encroaches 2.5 into the north side setback for a t addition of 272 SF. Level III Architectural/Site Plan Motion to Recommend Approval of Level III Architectural/Site Plan based on the fi the proposed addition of a bedroom and an enlargement of the dining area which in( roof of complex geometrical configuration, a total of 324 SF, to the existing Gulf Strea Bermuda style, 1 -story single family dwelling meet the minimum intent of the Desig] and applicable review standards. ARPB Date: June 28, 2012 Action: Variance: Recommend Approval as requested. (4-0) Special Exception: Recommend Approval as requested. (4-0) Level III Architectural/Site Plan: Recommend approval as requested. (4-0) Town Commission Date: July 13, 2012 Action: Variance: Approved as recommended. (4-0) Special Exception: Approved as recommended. (4-0) Level III Architectural/ Site Plan: Approved as recommended. (4-0) Town of Gulf Stream TOWN OF GULF STREAM ,�•. n'S 6'iTS� APR Tc,r:rl 01 APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Development Review Form. Failure to complete this form properly will delay its considerai To be completed by all applicants. A. Project Information PART II. GENERAL INFORMATION ARPB File 1,4 I.A.1. Project/owner Name: MR. AND MRS. PAUL A. LYONS, JR. I.A.2. Project Address: 2945 POLO DRIVE I.A.3. Project Property Legal Description: LOT 12, REPLAT OF PART .OF GULF STREAM PROPERTIES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT B+ PGE 8, BL S F I.A.4. Project Description (describe in detail, including # of stories, etc.) . SEE ATTACHED I.A.S. Square Footage of New Structure or Addition: NET ADDED AREA = 322.6 S. F. / Architectural Style: GULF STREAM BERMUDA 395.9 S.F. NEW 73.3 S.F. DE 1.A.6. Check all that apply: M Architectural/Site Plan Review ❑ Land Clearing ❑ North Ocea Overlay (complete section B) ❑ Demolition of Structures ❑ Non-residential uses I (complete section G) EX Special Exception (complete section Z) 1.A.7. (a) Proposed F.F.E.: + 8.02 FEET Type of Foundation: PILING B. Owner Information I.B.1. Owner Address: 2945 POLO DR GULF STREAM FL 1.6.2. Owner Phone Number: 1.6.3. Owner Signature: C. Agent Information •� 33483-7331 r I.C.I. Agent Name and Firm Name: ROY M. SIMON, ROY M. SIMON, A. I .A. , ARCHII I.C.2. Agent Address: 140 N.E. 4TH AVE. STE. A DELRAY BEACH FL 33483 I.C.3. Agent Phone Number) 278-1914 cell Fax 27E 1.C.4. Agent Signature: Pre -App Date: App Date: Com Date: _ Decision: ' Application for Development Approval Form ADA.2000 revised 6/13/00 Official Use Only ARPB Date: Recommendation: TC Date: OREC! MAY 2 APPLICATION FOR DEVELOPMENT APPROVAL — 2945 Polo Drive Tool` PART III. PROJECT DESCRIPTION AND JUSTIFICATION G. Projects Requiring a Variance IV.G.1. THE GEOMETRICAL CONFIGURATION OF THE EXISTING ROOF AND ITS D VALLEYS, TOGETHER WITH THE LOCATION AND CONFIGURATION OF THE E DINING AREA ARE UNIQUE TO THIS BUILDING, BUILT IN 1977. OTHER PRC IN THIS ZONING DISTRICT MAY HAVE SIMILAR CONTRAINTS. IV.G.3. THE PROPOSED ADDITIONS AND THEIR RESPECTIVE LOCATIONS ARE UN THIS PROPERTY, AND ARE INTENDED TO MAINTAIN THE ARCHITE INTEGRITY OF THIS EXISTING RESIDENCE. THIS IS UNDERSTOOD TO INTENT OF THE ZONING CODE; THEREFORE, IN THAT RESPECT, GRANTI VARIANCE REQUEST DOES NOT CONFER ANY SPECIAL PRIVELEGES APPLICANT. IV.G.4. THE ORDINANCE SUGGESTS THAT THE EXTERIOR DESIGN OF THE AD[ SHOULD REPRESENT A LOGICAL EXTENSION OF THE EXISTING STRUCTL THAT IT BE CONSISTENT WITH APPLICABLE DESIGN STANDARDS. EVERY E IS UNIQUE, REQUIRING UNIQUE SOLUTIONS. TO FOLLOW THE INTERPRETA' PRESENTED, WOULD REQUIRE THE RESTRUCTURING OF THE EXISTIN, CONFIGURATION TO RECEIVE THE ADDITIONS TO AVOID OTHER "PRO' DESIGNS, SUCH AS MANSARD OR FLAT ROOFS. AS DESIGNED, THE PL/ THE PROPOSED ROOF ARE CONSISTENT WITH THE EXISTING MAIN ROOF 1 ROOF OF THE GARAGE. THE PROPOSED ADDITION AND THE DINING REPLACEMENT PROVIDE THE LEAST DISTURBANCE TO THE SITE A ADJACENT OUTDOOR AREAS. THE PROPOSED STRUCTURES TIE-IN TO THE EXISTING BUILDING AT LOCATIONS STRUCTURALLY, AND REPRESENT THE PROPER EXTENSION FLOOR PLAN. THE EXISTING DINING ROOM PROJECTS FROM TF STRUCTURE AS A SEMI -CIRCULAR FLAT ROOF STRUCTURE, WITH FULL AWNING WINDOWS FILLING THE CIRCUMFRENCE. IT HAS BECOME NECES; REMOVE AND REPLACE THE DINING ROOM PROJECTION BECAI DETERIORATION TO THE STRUCTURE. IV.G.5. THE ROOF AS DESIGNED IS IN ALIGNMENT WITH THE PLANES OF EXIS- ROOFS AND RETAIN THE EXISTING VALLEY CONFIGURATION. IT REPRESE SIMPLEST AND LEAST OFFENSIVE SOLUTION. THE DINING ADDITION RE THE EXISTING FLAT ROOF OF ALL GLASS SEMI -CIRCULAR DINING ALTERNATIVE SOLUTIONS WOULD INCLUDE THE REDESIGN AND REBUIL THE EXISTING ROOF SYSTEM OR CONSTRUCT THE ADDITION WITH A M ROOF, WHICH IS PROHIBITED. I.V.G.8. WE FEEL THAT THE ROOF DESIGN IS NOT UNNESSARILY COMPLEX, BUT I; PROPER DESIGN PARAMETERS OF RETAINING THE ARCHITECTURAL INTEL: THE EXISTING STRUCTURE AND IS IN HARMONY WITH IT. BY APPLYING I SOLUTIONS TO THE PLACEMENT OF THE ADDITIONS AND THEIR RELATION THE EXISTING BUILDING AND ITS FLOOR PLAN, THE PROPOSED AC SATISFY THE INTENT OF THE ZONING ORDINANCE WITHOUT DISTURBING 1 OR ITS NEIGHBORS, NOR ARE THEY INJURIOUS TO THE PUBLIC WELFARE. AP PART II. GENERAL INFORMATION A. PROJECT INFORMATION 1.A.4. PROJECT INCLUDES REMOVING DINING ALCOVE OF THIS ONE S1 RESIDENCE; ADDITIONS INCLUDE A DINING ROOM AND A GUEST BEDROOM WITH CLOSET, ALL ONE STORY; PROJECT PROPOSES EXTEND THE EXISTING NON -CONFORMING NORTH WALL TO FOR ADDITION AND TO CONTINUE PATTERN OF THE EXISTING ROOF. - �---...,. • •., ••, �, ��.� dui i i i iUJt UC VVI I IIJICLE3O.� IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or I fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes [3u No (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? 1�4 Yes ❑ No (If "Yes", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes IXI No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Town of Gulf Stream B. Projects Requiring North Ocean Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be disturbed or ad extent? IV.B.2. Describe the need and justification for the disturbance/addition: IV.B.3. Will the disturbance/addition destroy or seriously impair visual relationships arr landscape features and open space, or introduce incompatible landscape features or pl that destroys or impairs significant views or vistas within the North Ocean Boulevard 0% Yes No Explain: _ IV.B.4. How is the design consistent with the AIA Landscape Enhancement Project? IV.B.5. What mitigation is proposed so that the disturbance/addition has the least impact possik and aesthetic quality of the North Ocean Boulevard Overlay District: C. Projects Requiring a Demolition Permit IV.C.1. When are the existing structures to be demolished? DURING THE COURSE OF CONS IV.C.2. When are the proposed structures to be constructed? LATE SUMMER 2012 IV.C.3. What is the landmark status of the structures to be demolished? THE AREA TO BE DI THE DINING ROOM EXTENSION IS A HALF CIRCLE SPACE OF 73.3 S.F. ON SIDE OF THE RESIDENCE. D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Oce; Overlay District: IV.D.2. Describe the need and justification for the removal/relocation: IV.D.3. How is the removal from the project site of vegetation to be mitigated: IV.D.4. How are the remaining and relocated vegetative materials to be protected and presery land clearing and constriction activities and thereafter? IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page February 2002 ��u c d l l l E . P r o j e c t s R e q u i r i n g a S p e c i a l E x c e p t i o n . I V . E . 1 . I s t h e o r o s e d u s e a p p p e r m i t t e d s p e c i a l e x c e p t i o n u s e ? M Y e s Q' N o C o d e S e c t i c I V - E - 2 . H o w i s t h e u s e d e s i g n e d , l o c a t e d a n d p r o p o s e d t o b e o p e r a t e d s o t h a t t h e p u b l i c w e l f a r e , a n d m o r a l s w i l l b e p r o t e c t e d ? T H E E X I S T I N G S T R U C T U R E A N D T H E P R O P O S E D A D D I T I O N S A T I S F I E S U S E O F S I N G L E F A M I L Y D W E L L I N G . T H E I V . E , 3 , W i l l t h e u s e c a u s e s u b s t a n t i a l i n j u r y t o t h e v a l u e o f o t h e r r o b e l o c a t e d ? 1 1 Y e s M N o p p e t t y i n t h e n e i g h b o r h o o E x p l a i n . T H E U S E D O E S N O T C H A N G E T H E C U R R E N T S T A T U S O F T O T H E R P R O P E R T I E S I N T H E N E I G H B O R H O O D . l ' P R O P I V , E A . H o w w i l l t h e u s e b e c o m p a t i b l e w i t h d a d j o i n i n g d e v e l o p m e n t i s t o b e l o c a t e d ? a n d t h e c h a r a c t e r o f t h e D A L L N E I G H B O R I N G P R O P E R T I E S A R E E X I S T I N G S I N G L E F A M I L Y D W E L L I N G S . I V . E . 5 . W h a t l a n d s c a p i n g p g a n d s c r e e n i n g a r e p r o v i d e d ? N O C H A N G E T O E X I S T I N G W H I C H _ S U B S T A N T I A L . E X I S T I N G F O U N D A T I O N P L A N T I N G W I L L B E R E I E L O C A T E D A N D S U P P L E M E N T E D . I V . E . 6 . D o e s t h e u s e c o n f o r m w i t h a l l a p p l i c a b l e r e g u l a t i o n s g o v e r n i n g t h e D i s t r i c t w h e r e i n l o c a t e d ? M Y e s Q' N o E x p l a i n . T H E E X C E P T I O N D E A L S W I T H S I D E I N T E R I O R S E T B A C K S . S E T B A C K I S 1 5 F E E T W H I L E T H E E X I S T I N G S E T B A C K S O F T H E R E ��U I R A R E 1 2 . 2 F E E T A N D 1 2 . 6 F E E T M I N I M U M . O R I G I N A L B i F . N o n - R e s i d e n t i a l P r o j e c t s a n d R e s i d e n t i a l P r o j e c t s o f G r e a t e r t h a n 2 U n i t s I V . F . 1 . I f c o m m o n a r e a f a c i l i t i e s a r e t o b e p r o v i d e d , d e s c r i b e t h e m a n d h o w t h e t o Y a r e b e m a l n t I V . F . 2 . I f r e c r e a t i o n f a c i l i t i e s a r e t o b e p r o v i d e d , d e s c r i b e t h e m a n d t h e i r p o t e n t i a l i m p a c t s o n p r o p e r t i e s . I V . F . 3 . F o r e a c h o f t h e f o l l o w i n g , l i s t t h e n u m b e r p r o v i d e d a n d t h e i r d i m e n s i o n s , L o a d i n g S p a c e s : S t a n d a r d P a r k i n g S p a c e s : S m a l l C a r P a r k i n g S p a c e s : H a n d i c a p p e d P a r k i n g S p a c e s : D r i v e w a y s / A i s l e s : A p p l i c a t i o n f o r D e v e l o p m e n t A p p r o v a l F o r m A D A . 3 2 . 0 0 0 Tbwn'of Gulf Stream ®RE( MAY G. Projects Requiring a Variance (code Section 66-150 through 157) ?own of IV.G.1. From what specific Zoning Code regulation is a variance requested? SECTION 70-238(d), ROOFS PROHIBITED: "UNNECESSARILY COMPLEX GEO IV.G.2. What does the Zoning Code require for this specific site? HIP ROOF WITH WHITE FLAT UNTEXTURED TILE IV.G.3. What is proposed? HIP ROOF WITH WHITE FLAT UNTEXTURED TILE IV.G.4. What is the total variance requested? ROOF GEOMETRY IV.G.5. The following 8 mandatory variance findings from Section 66-154, must be addre additional sheet if necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, struct involved and which are not applicable to other lands, structures, or buildings in tht district? SEE ATTACHED (2) Did the special conditions and circumstances result from the actions of the applicant? (3) Will granting the variance confer upon the applicant.any special privilege that is denied I; Code to other lands, buildings, or structures in the same zoning district? Yes No Explain: SEE ATTACHED (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the rights commonly enjoyed by other properties in the same zoning district under the san ordinance and work unnecessary and undue hardship on the applicant? SEE ATTACH (5) Is the Variance request a minimum variance that makes possible the reasonable u building or structure? Yes No Explain: SEE ATTACHED (6) Will granting the variance permit any prohibited use to be established or re-established: (7) Is the requested variance consistent wit goals, policies, and objectives of the future of the adopted Comprehensive Plan? Yes No (8) Will the variance be in harmony with the general intent and purpose of the Zoning Ordina be injurious to the area involved or otherwise detrimental to the public welfare? Yes Explain: SEE ATTACHED Application for Development Approval, Form ADA.32000 Page February 2002 OREC MAY APPLICATION FOR DEVELOPMENT APPROVAL — 2945 Polo Drive!iB► (' PART III. PROJECT DESCRIPTION AND JUSTIFICATION G. Projects Requiring a Variance IV.G.1. THE GEOMETRICAL CONFIGURATION OF THE EXISTING ROOF AND ITS VALLEYS, TOGETHER WITH THE LOCATION AND CONFIGURATION OF THE DINING AREA ARE UNIQUE TO THIS BUILDING, BUILT IN 1977. OTHER PR IN THIS ZONING DISTRICT MAY HAVE SIMILAR CONTRAINTS. IV.G.3. THE PROPOSED ADDITIONS AND THEIR RESPECTIVE LOCATIONS ARE L THIS PROPERTY, AND ARE INTENDED TO MAINTAIN THE ARCHI' INTEGRITY OF THIS EXISTING RESIDENCE. THIS IS UNDERSTOOD T( INTENT OF THE ZONING CODE; THEREFORE, IN THAT RESPECT, GRAN VARIANCE REQUEST DOES NOT CONFER ANY SPECIAL PRIVELEGE; APPLICANT. IV.G.4. THE ORDINANCE SUGGESTS THAT THE EXTERIOR DESIGN OF THE A[ SHOULD REPRESENT A LOGICAL EXTENSION OF THE EXISTING STRUC' THAT IT BE CONSISTENT WITH APPLICABLE DESIGN STANDARDS. EVERY IS UNIQUE, REQUIRING UNIQUE SOLUTIONS. TO FOLLOW THE INTERPRET PRESENTED, WOULD REQUIRE THE RESTRUCTURING OF THE EXISTI CONFIGURATION TO RECEIVE THE ADDITIONS TO AVOID OTHER "PR DESIGNS, SUCH AS MANSARD OR FLAT ROOFS. AS DESIGNED, THE P THE PROPOSED ROOF ARE CONSISTENT WITH THE EXISTING MAIN ROOF ROOF OF THE GARAGE. THE PROPOSED ADDITION AND THE DINII REPLACEMENT PROVIDE THE LEAST DISTURBANCE TO THE SITE ADJACENT OUTDOOR AREAS. THE PROPOSED STRUCTURES TIE-IN TO THE EXISTING BUILDING AT LOCATIONS STRUCTURALLY, AND REPRESENT THE PROPER EXTENSIO FLOOR PLAN. THE EXISTING DINING ROOM PROJECTS FROM l STRUCTURE AS A SEMI -CIRCULAR FLAT ROOF STRUCTURE, WITH FUL AWNING WINDOWS FILLING THE CIRCUMFRENCE. IT HAS BECOME NECE:: REMOVE AND REPLACE THE DINING ROOM PROJECTION BECF DETERIORATION TO THE STRUCTURE. IV.G.5. THE ROOF AS DESIGNED IS IN ALIGNMENT WITH THE PLANES OF EXI ROOFS AND RETAIN THE EXISTING VALLEY CONFIGURATION. IT REPRESI SIMPLEST AND LEAST OFFENSIVE SOLUTION. THE DINING ADDITION F THE EXISTING FLAT ROOF OF ALL GLASS SEMI -CIRCULAR DININ( ALTERNATIVE SOLUTIONS WOULD INCLUDE THE REDESIGN AND REBUI THE EXISTING ROOF SYSTEM OR CONSTRUCT THE ADDITION WITH A a ROOF, WHICH IS PROHIBITED. I.V.G.8. WE FEEL THAT THE ROOF DESIGN IS NOT UNNESSARILY COMPLEX, BUT PROPER DESIGN PARAMETERS OF RETAINING THE ARCHITECTURAL INTE THE EXISTING STRUCTURE AND IS IN HARMONY WITH IT. BY APPLYING SOLUTIONS TO THE PLACEMENT OF THE ADDITIONS AND THEIR RELATIC THE EXISTING BUILDING AND ITS FLOOR PLAN, THE PROPOSED P SATISFY THE INTENT OF THE ZONING ORDINANCE WITHOUT DISTURBING OR ITS NEIGHBORS, NOR ARE THEY INJURIOUS TO THE PUBLIC WELFARE. uwrl or uulf Stream H. Projects Requiring Rezoning IV.1-1.1. What is the Future Land Use designation of the project site? IV.H.2. If the project involves a rezoning, Zoning Code text change, Future Land Us Comprehensive Plan text change, or any combination thereof, please describE justification for the request. PART V. OPTIONAL INFORMATION This entire Part is optional for all applicants. Applicants are encouraged, but not required, additional relevant information regarding the project that was not covered elsewhere on this fc the other materials submitted with the application. THIS PROJECT PROPOSES TO ADD TO THIS RESIDENCE A NET AREA OF 323.c FEET. THE ADDITIONS CONSIST OF A GUEST BEDROOM AND CLOSET (272 S AND A DINING ROOM (141 SQUARE FEET). THE DINING ROOM ADDITION THE SEMICIRCULAR DINING ALCOVE (73.35 SQUARE FEET AND WIL ITS FLAT R0 SCHEDULED FOR DEMOLITION. THIS EXISTING BERMUDA ROOF DESIGN AND ITS FRAMING PATTERN OF H SUGGESTS THAT THE ADDITIONS FOLLOW THAT PATTERN TO RETAIN IRS i THE PROPOSED BEDROOM EXTENDS THE HIPPED ROOF OF THE THE DRAIN DINING ROOM ROOF FORMS ANOTHER HIP FOLLOWING THE GARAGE WING, AN PATTERN OF THE MAI BETWEEN THE TWO NEW HIP ROOFS A CRICKET IS FORMED OVER THE CLOSET, I THE CURRENT ROOF DRAINAGE SYSTEM. Application for Development Approval Form ADA. 2000 revised 6/8/00 Qoy M. Simon • A.I.A. * Architect architects and planners 1 V YY 11 VJ. V fill LJ U* C"L11 100 Sea Road Gulf Stream, Florida 33483 Re: Plan Review: 2945 Polo Drive Owner — Mr. and Mrs. Paul Lyons Dear Mr. Thrasher: oRECEI@T6"J,-.0ac1 May 2 2 ^2012 As requested, I have attached for your review and Variance consideration the completed Section G with attachments. In response to the Review Comments by Urban Design Kilday Studios, dated May 9, 2012, UDKS Project #94-012.019, I submit for your consideration the following, corresponding with the items noted in the referenced report, together with the attached revised Drawings No. land No. 2 and the added No. 3. Side Setback: Approval of the Special Exception Application to permit the proposed addition to extend the existing 12'5" side setback is requested. Eave Height: Subsequent to the report, a measurement was taken at the Lyons residence of the floor-to-eave height and was found to be 8 feet. The attached drawing has been revised to reflect that dimension. The original dimension of T-11" was measured from the scale drawing. Windows: On Drawing No. 1 the glass area has been recalculated. The east window in the Proposed Guest Room has been deleted. Please be advised that the French Doors, both existing and proposed, were included in the original and in the revised calculations. With regard to the use of muntins in the windows, the drawings continue the concept of the existing building in which there are no muntins in any glazed opening. The existing Dining Room is a semi -circular structure with a flat roof and full -height awning windows filling the room's perimeter. The structure has been found to be deteriorating and is scheduled to be removed. In its stead the Owner wishes to maintain the character of the original floor plan with slight modification. This new shape reduces the glass area, retains the alcove design of the original home, eliminates the flat roof, and follows the roof line of the existing hip roof. The concept allows the Owners and guests to retain the panoramic vista of the rear yard and its landscape that they currently enjoy. 140 northeast fourth avenue • suite a 9 delray beach, florida 33483 a (%1) 278-1914 Mr. William Thrasher May 21, 2012 Page 2 I trust that the information provided will clarify your concerns and be acceptable. If additional information is required, please advise. Sincerely, 4 Roy M. i on, A.I.A. AR#25 RMS/blp Enclosure cc: Mr. and Mrs. Paul Lyons memorandum UDKS PROJECT #: 94-012.019 urban design Ir 1 1040MI 1 Urban Design Kilday Studios has reviewed the Level 3 Architectural/Site Plan application for construction of an addition to an existing single family home located at 2945 Polo Drive in Gulf Stream, including the revised plans submitted on May 21, 2012. Please see our comments below. Project Details • Existing zoning: Gulf Stream Core • Proposed project: 322.6 SF addition to rear of SFH consisting of guest bedroom and dining area Side Setback The proposed addition encroaches the side (minimum 15' required/12'-5" provided). This Special Exception Setbacks, because the side setback and therefore is non -conforming permittable, per Code Section 70-75(c), setback to the existing home is also non- conforming. The proposed addition is in line with the existing home and will not encroach any further into the side setback than the existing home. As such, the addition represents a logical extension of the existing floor plan. Windows The proposed bay window in the dining area of the addition falls under the "discouraged" category, per Code Section 70-239(c), because it appears as a prominent feature. Bay windows are expressly "discouraged" by the Town's Design Manual. The applicant's architect has indicated that existing dining room, which features a curvilinear wall, includes full-length awning windows which look out onto the back yard of the home. The 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.udkstudios.com LCC000035 Required Proposed Minimum lot size 16,500 SF 16,715 SF FAR 0.33 (1st 20K SF)/5,515.95 SF 0.23/3,853.7 SF Side setback > or = 15' (12.5' existing) 12'-5" Rear setback 20' 62'-9" Landscaping 40% 57.4% Side Setback The proposed addition encroaches the side (minimum 15' required/12'-5" provided). This Special Exception Setbacks, because the side setback and therefore is non -conforming permittable, per Code Section 70-75(c), setback to the existing home is also non- conforming. The proposed addition is in line with the existing home and will not encroach any further into the side setback than the existing home. As such, the addition represents a logical extension of the existing floor plan. Windows The proposed bay window in the dining area of the addition falls under the "discouraged" category, per Code Section 70-239(c), because it appears as a prominent feature. Bay windows are expressly "discouraged" by the Town's Design Manual. The applicant's architect has indicated that existing dining room, which features a curvilinear wall, includes full-length awning windows which look out onto the back yard of the home. The 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.udkstudios.com LCC000035 project architect indicates the home owner wishes to maintain the "panoramic vista" of the rear yard from the dining room. The proposed dining room addition uses less glass area than what Roofs Per Code Section 70-238, unnecessarily complex roof geometry is prohibited. Generally, the Gulf Stream -Bermuda architectural style places an emphasis on simple, straightforward design. The proposed roof over the dining addition is cone-shaped and features five different planes. The applicant's architect has indicated that the existing dining room features a curvilinear wall with a flat roof. The proposed roof for the dining room expansion ties into the existing and proposed roofs. The height and slope of the proposed dining room roof is consistent with the height and slope of the existing and proposed roof of the home. Recommendation The existing curvilinear wall on the home's dining room and its proposed addition creates possible conflicts with the Town's Design Manual as discussed above. However, the curvilinear nature of the dining room and its expansion creates a unique feature for the home that should be considered in this individual case. In its review, the Architectural Review and Planning Board should consider, in accordance with Section 70-4(c), whether the proposed addition is consistent with the following items: • Neighborhood character; • Architectural style; • Building form and mass; • Materials and colors, and • Location of elements. In reviewing these criteria, the proposed addition is consistent with the neighborhood character as there are several distinctive roof types within close proximity of the subject home. The proposed addition is consistent with the materials, building forms and architectural style of Gulf Stream -Bermuda homes within the Town. The proposed addition is located on the rear of the house and will not be seen from the adjacent street. As a result, we recommend approval of this request. 0 0 ti 0 F;3 0 z O Z NCH MARK OF / NAI WAShER IN OUT ELEVA77GYV +6.40 —^ POLO DRIVE _ �i PA VED 100.00' BENCHMARK TOP OF NAIL & WASI-ER IN CUT OUT ELEVA77ON +6.30 — FOM IRR, 2.0' WEST (WITAESS CORAER) 1 127, WALL 77LE 122• 19.4' �ANTERp 21.4' n FS o T I L E j o GARAGE +7.43 f1 g 34.3' FLOOR +8.02 1 STORY RESIDENCE O # g p�j FLOOR +8.00 � 20.6'13.7' 214' 124' +7.55 x� + i -s •s obi CAN0PY� 0 12.5' 4.6', ti 4.6' CONC. + + s J, cn �n � t� o � rn z C NG'k��8 x� 3�+ z s s pp � 0 P p �. ,jrONC/ y n 0.5' F CHAIN LIMO FENCE �� —j ❑ F ` p +6.9 100.00, + . +7.4 7.4 ALLEY RIGHT OF WAY TREE -j ON COR LIAMPROVED Pi �mo kaon OOC)O Rl r C� nl A (T� v, i a cn rnQj Do a O � W '`aZo m�mi~j v ��c m O n�l Zi 00\I� ? ca 60 _ rri �� t—► Z nm O �I �Z U �v tii C�� v �o� ���z ��=O X� r �N 7' rr ^^ maw a�n� ��� 'e1 ® ® �� ���n vJ y�Ze C�� e"*a O y I (� cv, cam,) O Co � 2 In Z I? "J o �p Vmir�n rtl �Rl C.7 O IIc,Z Zt 000 �' "a4 M N a m y f r n fill a dSy 'j Nis aali ti N n n Ip x s� �o f O Z �y I v 0. a y .ted s ' z Mo�, z 0 177 �zz _ II II f� r �r4 N Q b m;z W�� r)' o 0 -0 W t7 p H r oULr 70, � IN � � � � n l • � � � N 1 � s n;i v -i �I "a4 M N a m y f r n fill a dSy 'j aali ti N n n Ip x s� �o f O Z �y I v 0. a y .ted s ' z Mo�, z 0 177 �zz _ NO f� o-� Mj-4 �r4 N Q ,,, m;z W�� r)' o 0 -0 W t7 p H "a4 M N a m y f r r A3 fit it t�il! x zo r ` ro Mc Od n o C'' r�� .r y O I �OC-) o sx i r ` � n o C'' rrl I - ne oww ��s �� . . t i ��' �� . . 3 . , : , ��; } ���� 1 s �� i J . I : ! ! = �� �� a r r ��> �� _ a ' 1 ��- f ' ' . 1 \ y 1 �� \ �� -400OF ;JJ sT jdMIk rl 11 1 ... ...... Ir Ile -400OF ;JJ sT jdMIk All. n�� 'yam ^}-� i� l+r,, �r ' �� ` •! �� A10 0 lon . I �4 MOM, 0 TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-07 Address: 3550 Gulf Stream Road Proposed Improvement: Approvals Requested: Owner: M/M Peter A. Lyons Agent: Roy M. Simon Addition of a bathroom, reconstruction of the front entry porch, removal and replacement of a pool and modifications to the driveway. Special Exception: To permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 into the north side setback for a bathroom addition of 277 SF. Level III Architectural/Site Plan: To permit the addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 489 SF, to an existing Colonial West Indies style 1 -story single family dwelling; the removal of the existing pool and construction of a new pool; and the removal of the circular driveway to accommodate a front lawn enclosed with a 4' high fence. The driveway into the garage will be Chicago brick and a back -out space will be included. Gross Lot Area: 15,670 Effective Lot Area: 15,670 Permitted Floor Area: 5,171 Proposed Total Floor Area: 4,629 Zoning District: RS -C Adjacent Residences Style: Mostly Gulf Stream Bermuda Considered During Review: Section 70-74 Setbacks The structure has non -conforming side setbacks. Section 70-75 Special exception setbacks. NOTE: This application does meet all standards which would allow for this special exception, specially: Section 70-99 Roof design, slope and materials Section 70-101. Windows. Lyons 3550 Gulf Stream Road ARPB File #012-07 ARPB June 28; TC July 13, 2012 Page 2 Staff Recommendations: Special Exception Motion to Recommend Approval of a Special Exception to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 into the north side setback for a bathroom addition of 277 SF. Level III Architectural/Site Plan Motion to Recommend Approval of Level III Architectural/ Site Plan based on the finding that the proposed addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 489 SF, to existing Colonial West Indies style 1 -story single family dwelling; the removal of existing pool and construction of a new pool; the removal of the circular driveway to accommodate a front lawn enclosed with a 4' high fence; modifications to the driveway into the garage that includes Chicago brick and a back -out space meet the minimum intent of the Design Manual and applicable review standards with the condition that a drivezvay permit and a maintenance & removal Agreement are executed. ARPB Date: June 28, 2012 Action: Special Exception: Recommend approval as requested. (4-0) Level III Architectural/Site Plan: Recommend approval as requested with the condition that a driveway permit and a maintenance & removal agreement are executed. (4-0) Town Commission Date: July 13, 2012 Action: Special Exception: Approved as recommended. (4-0) Level III Architectural/Site Plan: Approved as recommended with the condition that a driveway permit and a maintenance & removal agreement are executed. (4-0) Town of Gulf Stream / 1 TOWN OF GULF STREAM MAY 3 0 2012 100 far , �45 APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. To be completed by all applicants. A. Project Information PART II. GENERAL INFORMATION ARPB File #_ !,$ — % I.A.1. Project/Owner Name: MR. AND MRS. PETER A. LYONS I.A.2. Project Address: 3550 GULFSTREAM ROAD I.A.3. Project Property Legal Description: LOT 2, BLOCK 2, PLAT NO. 1 POLO FIELDS ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNIL. I.A.4. Project Description (describe in detail, including # of stories, etc.) SEE ATTACHED I.A.5 1.A.6 1.A.7 Square Footage of New Structure or Addition: NEW STRUCTURE: 277 S. F. ; EXISTING Architectural Style: COLONIAL WEST INDIES NV RTED: 372.9 S.F. Check all that apply: M Architectural/Site Plan Review 0 Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) IN Demolition of Structures ❑ Non-residential uses ❑ Variance (complete section G) DO Special Exception (complete section) (a) Proposed F.F.E.: + 6.15 FEET Type of Foundation: AUGERED PILING B. Owner Information GRADE BEAMS I.B.1. Owner Address: 4h I.13.2. Owner Phone Number: I.B.3. Owner Signature: C. Agent Information I.C.1. Agent Name and Firm Name: ROY M. SIMON ROY M. SIMON A. I .A I.C.2. Agent Address: 140 N.E. 4TH AVE., STE.A, DELRAY BEACH FL 33483 I.C.3. Agent Phone Number: (o) 278-1914 cell Fax 278-9907 1.C.4. Agent Signature: Official Use Only Pre -App Date: ARPB Date: App Date: Recommendation: Com Date: TC Date: Decision: r Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 APPLICATION FOR DEVELOPMENT APPROVAL — 3550 Gulfstream Road PART II. GENERAL INFORMATION A. Project Information I.A.4. Project Description 1. MODIFY EXISTING ENTRANCE PORCH, REMOVE EXISTING CIRCULAR PORTION OF DRIVEWAY, RETAIN THE DRIVEWAY TO THE GARAGE AND ADD BACK -OUT SPACE. 2. CONSTRUCT 277 SQ. FT. BATHROOM ADDITION ADJACENT TO THE EXISTING MASTER BEDROOM AND MODIFY INTERIOR LIVING AREA. 3. REPLACE EXISTING WINDOWS AND EXTERIOR GLASS DOORS WITH HURRICANE AND IMPACT RESISTANT UNITS. 4. ENCLOSE EXISTING SCREENED PORCH ON WEST PATIO AND MODIFY TO CONDITIONED LIVING AREA AND INCORPORATE SPACE INTO CONDITIONED LIVING AREA. 5. REMOVE EXISITING SWIMMING POOL AND CONSTRUCT NEW POOL WEST OF EXISTNG RESIDENCE. 6. MODIFY LANDSCAPING AND PATIO AND ADD FENCE IN FRONT YARD. APPLICATION FOR DEVELOPMENT APPROVAL — 3550 Gulfstream Road PART II. GENERAL INFORMATION A. Project Information I.A.4. Project Description 1. MODIFY EXISTING ENTRANCE PORCH, REMOVE EXISTING CIRCULAR PORTION OF DRIVEWAY, RETAIN THE DRIVEWAY TO THE GARAGE AND ADD BACK -OUT SPACE. 2. CONSTRUCT 277 SQ. FT. BATHROOM ADDITION ADJACENT TO THE EXISTING MASTER BEDROOM AND MODIFY INTERIOR LIVING AREA. 3. REPLACE EXISTING WINDOWS AND EXTERIOR GLASS DOORS WITH HURRICANE AND IMPACT RESISTANT UNITS. 4. ENCLOSE EXISTING SCREENED PORCH ON WEST PATIO AND MODIFY TO CONDITIONED LIVING AREA AND INCORPORATE SPACE INTO CONDITIONED LIVING AREA. 5. REMOVE EXISITING SWIMMING POOL AND CONSTRUCT NEW POOL WEST OF EXISTNG RESIDENCE. 6. MODIFY LANDSCAPING AND PATIO AND ADD FENCE IN FRONT YARD. Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question number for each response. A. Project Description and Justification III.A.I. In what zoning district is the project site located? GULF STREAM CORE DISTRICT (RS -C III.A.2. Is the project compatible with the intent of the zoning district? IKI Yes ❑ No Explain. THE PROPOSED ADDITIONS TO THIS SINGLE FAMILY RESIDENCE ARE COMPATIBLE WITH THE INTENT OF THE ZONING DISTRICT AND THE CODE. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? In Yes ❑ No Explain. THE PROPOSED IMPROVEMENTS TO THE BUILDING AND THE SITE RETAIN THE USE AND ARE CONSISTENT WITH THE OBJECTIVES AND GOALS OF THE COMPREHENSIVE PLAN. III.A.4. How are ingress and egress to the property to be provided? THE EXISTING DRIVEWAY SYSTEM WILL BE MODIFIED, ELIMINATING THE CIRCULAR DRIVE WHILE RETAINING THE DRIVEWAY TO THE GARAGE, ADDING BACKOUT SPACE. III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage EXISTING RETENTION SYSTEM UPGRADED. b. Sanitary Sewer MUNICIPAL SEWER SYSTEM EXISTING. c. Potable Water MUNICIPAL WATER SYSTEM EXISTING. d. Irrigation Water MUNICIPAL WATER .SYSTEM EXISTI G e. Electricity EXISTING UNDERGROUND SERVICE. f. Telephone EXISTING UNDERGROUND SERVICE. g. Gas PROPOSED UNDERGROUND PROPANE GAS TANK. h. Cable Television EXISTING UNDERGROUND SERVICE. III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) A PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does the project involve land area within fifty feet (50') of the AIA (North Ocean Boulevard) right-of- way? ❑ Yes M No (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? M Yes ❑ No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes IN No (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? I%1 Yes ❑ No (If "Yes", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes W(No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Town bf Gulf Stream B. Projects Requiring North Ocean Boulevard Overlay Permit W.B.1. What significant landscape features or architectural features are to be disturbed or added and to what extent? W.B.2. Describe the need and justification for the disturbance/addition: IV.B.3. Will the disturbance/addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? Yes No Explain: IV.B.4. How is the design consistent with the A1A Landscape Enhancement Project? IV.B.5. What mitigation is proposed so that the disturbance/addition has the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District: C. Projects Requiring a Demolition Permit W.C.1. When are the existing structures to be demolished? SWIMMING POOL AND ENTRY PORCH ROOF IV.C.2. When are the proposed structures to be constructed? FALL 2012 IV -C-3. What is the landmark status of the structures to be demolished? EXISTING POOL WHILE USEABLE IS IN UNDESIRABLE LOCATION TO BE REPLACED WITH VEGATATION AND PATIO. ENTRY FLAT ROOF TO BE REMOVED AND REPLACED WITH GABLE ROOF. D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard Overlay District: IV.D.2. Describe the need and justification for the removal/relocation: IV.D.3. How is the removal from the project site of vegetation to be mitigated: IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 E. Projects Requiring a Special Exception. IV.E,1, Is the proposed use a Permitted special exception use? PXYes []No Code Section: 70_47 AND IV•E.2. How is the use designed, located and 0 75 (�) welfare, and morals will be protected? proposed to be operated so that the THE SINGLE FAMILY RESIDENCE IS THE Public health, safety, E ACCEPTED USE PER 70-47; THE PROPOSED ADDITION EXTENDS LOGICALLY THE EXISTING STRUCTURE IV. E.3. Will the use cause substantial injury to the value of other be located? 11 Yes 00 No property in the neighborhood where it is to Explain. THE USE REMAINS CONSISTENT WITH THE NEIGHBORHOOD DISTRICT; THE Mp RHOOD AND THE ZONING NEIGHBORHOOD. C E V LUE AND CHARACTER OF THE IV.EA- How will the use be compatible with adjoining develop is to be located? pment and the character of the District where it THE EXISTING RESIDENTIAL USE IS THIS SINGLE FAMILY THAT CHARACTER AND IS COMPATIBLE WITH THE DISTRICT. NEIGHBORHO D IV.E.S, What landsca in landscaping and screening are provided? NEW HEDGING MATERIAL WILL REPLACE THE EXISTING ALONG THE FRON AND SIDE PROPERTY LINES PROPOSED THROUGHOUT; THE CIRCULAR DRIVE IS TO BE NEW TREES ARE REPLACED WITH A NEW LAWN IV.E.E. Does the use conform with all applicable re ulati . 9 ons governing the District wherein it is to be located? M Yes []No Explain. THE USE DOES NOT CHANGE; THE EXCEPTION DEALS WITH CONFORMING SIDE SET -BACK OF 121_611 + _ H THE _ / AND THE PROPOSED EXTENSION OF THE EXISTING EXTERIOR WALLS AND ROOF. --- F. Non -Residential Projects and Residential Projects of Greater than 2 Units W.F.I. If common area facilities are to be provided, describe them and how the to Y are be maintained. IV.F.2. If recreation facilities are to be provided, describe them and their Potential enal impacts on surrounding IV.F.3. For each of the following, list the number provi-------------- ded and their dimensions. Loading Spaces: Standard Parking Spaces: Small Car Parking Spaces: Handicapped Parking Spaces: Driveways/Aisles: Application for Development Approval Form ADA.32000 Page 5 1 uvv" or gulf Stream H. Projects Requiring Rezoning IV. H.1. What is the Future Land Use designation of the project site? IV.H.2. If the project involves a rezoning, hange Comprehensive Plan text change, oroany combinat oning Codetnc hereof, pleas e Land cribe the need and d Use Map change, justification for the request. PART V. OPTIONAL INFORMATION This entire Part is optional for al/ applicants. Applicants are encouraged, but not required, additional relevant information regarding the project that was not covered elsewhere on this form or on any of the other materials submitted with the application. 4 d, to provide any THE PROPOSED PROJECT INCLUDES THE STRUCTURAL EXTENSION OF THE WING AND RECONSTRUCTION OF THE ENTRY PORCH. THE EXISTING NORTH BEDROOM TO BE ENCLOSED TO BECOME PART OF THE LIVING AREA SCREENED PORCH IS FOR GLASS DOORS. ALL EXTERIOR GLAZED WINDOWS AND BY REPLACING SCREEN PANEL BOORS WITH IMPACT/HURRICANE RESISTANT UNITS. ARE TO BE REPLACED TO PROVIDE MORE PASSIVE AND BETTER USE OF PATIO AREA THE EXISTING POOL IS TO BE REMOVED AND REPLACED BETWEEN THE BUILDING WINGS, AND OTHER VEGETATION. THE NEW POOL WILL BE WITH HAVERED PATIO, LAWN TREES CONSTRUCTED IN THE REAR YARD BEYOND THE BUILDING FOR A MORE ENJOYABLE RELAXING ATMOSPHERE_ THE FRONT YARD WILL BECOME A PASSIVF TERRACE AND ENTRANCE WALKWAY. Application for Development Approval Form ADA. 2000 revised 6/6/00 FAMILY AREA W Page 7 Qoy M. cSimon • A.I.A. • Architect architects and planners •RECEIVEDO JUN 11209 Town of Guy Stream, FL June 11, 2012 Mr. William Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Mr. and Mrs. Peter A. Lyons 3550 Gulfstream Road Dear Mr. Thrasher: Attached is a copy of the revised Site Plan, Architectural Drawing No. 1, to be attached to our submittal of the Application for Development Approval of the residence at 3550 Gulfstream Road, replacing Drawing No. 1, previously submitted. The changes made to the drawing increases the side and rear setbacks for the pool equipment to 12 feet (side) and 15 feet (rear). Please contact me if you have any questions. Sincerely, Roy imon, A.I.A. AR#2 5 RMS/blp Enclosure cc: Mr. and Mrs. Peter A. Lyons au't-4 tl 140 northeast fourth avenue 9 suite a 9 delray beach, Florida 33483 • (%1) 27&1914 Qoy M. cSimon • A.I.A. • Architect architects and planners June 7, 2012 Noy p 2012 J• Mr. William Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Mr. and Mrs. Peter A. Lyons 3550 Gulfstream Road Dear Mr. Thrasher: Attached are revised Architectural Drawings to be attached to our submittal of the Application for Development Approval of the residence at 3550 Gulfstream Road, replacing the Architectural Drawings previously submitted. No changes have been made to the landscaping plan nor the drainage plan. In reviewing the drawings after submittal we noticed that there was a slight discrepancy between the Architectural Plan and the Landscape Plan in the outdoor shower .in the northwest corner of the yard and the chain link fence in the hedges along Gulf Stream Road. In the interim the owners elected to enlarge the awning to encompass the west patio which increased the awning by roughly 83.4 sq.ft. The F.A.R changed from .29 to .295. The muntin configuration was altered as indicated, on the French doors on the front elevation at the owner's request. Sincerely, Roy M. ion, A.I.A. AR#2595 RMS/blp Enclosure cc: Mr. and Mrs. Peter A. Lyons 140 northeast fourth avenue 9 suite a • delray beach, Florida 33483 9 (561) 278-1914 Qoy M. Simon • A.I.A. • Architect arehitect,5 and planners July 9, 2012 VIA: email Ms. Rita Taylor Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: 3550 Gulf Stream Road Dear Ms. Taylor: As you are aware, Mr. and Mrs. Peter Lyons are proposing to remodel and add to their home at 3550 Gulf Stream Road, with construction expected to begin within the next 2-3 weeks. They have advised that all appliances, cabinetry and plumbing fixtures are to be removed and replaced with new ones. Mr. and Mrs. Lyons have graciously offered certain items to members of my family for use in their respective homes. Attached is a copy of the email from Heidi Lyons granting permission to remove items from her home. This letter is written to advise that we anticipate removing these items on Saturday, July 14 and Saturday, July 21, 2012, to avoid any problems that may arise from this activity. Respectfully, Roy M. ' on, A.I.A. AR#25 Enclosure cc: Mr. and Mrs. Peter Lyons 140 northeast fourth avenue • suite a • defray beach. florida 33483 • (561) 278-1914 Page 1 of 2 Roy M. Simon Architect From: <HKSLyons@aol.com> To: <rmsimonarch itect@bel lsouth.net> Sent: Friday, June 22, 2012 4:46 PM Subject: Re: 3550 Gulf Stream Rd. Roy, it's all his, I glad someone can use them, they all seem in good condition, I've used the washer/dryer, and they work fine. If you think of someone who would like the range and microwave, that would be great. Heidi In a message dated 6/22/2012 11:20:38 A.M. Eastern Daylight Time, rmsimonarch itect@bel lsouth_net writes: Hi. Well, next Thursday is the big day. I have a color presentation to prepare and get my arguments together, but I guess we'll make it. During our meeting last week, you were kind enough to grant me permission to bring my "kids" to see if they could use any items that are scheduled for removal or demolition. As I stated, one is buying a house built in the 50's that has minimal up -dating, but is a good house in a good neighborhood, so, much of his wish list will help. The other two are in need of replacing appliances. Following is a "wish list" of items they saw that would help them: 1. Appliances - washing machine, dryer, dish -washer, refrigerator 2. Plumbing fixtures - two lavatories and faucets ( Powder Room and Dressing area of Bedroom 3 ); two white toilets ( Bath 1 and Bath 3); kitchen sink; 3. Metal storm shutter panels - son Mike would like the panels for the sliding glass doors of the house he is purchasing. 4. Cabinets - the tall pantry cabinet and the base/wall cabinet in the Kitchen where we will we plan the banquette; The list is submitted for your review and consideration. The items approved will be removed in coordination with Raimo's schedule. Thank you, Roy Roy M. Simon, A.I.A., Architect 140 N.E. 4th Avenue, Suite A Delray Beach, FL 33483 Fla. 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BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 62, Subdivisions, to add a new Section 66-10, Criteria for Subdivision Review, to read as follows: Section 62-10. Criteria for Subdivision Review Any person seeking to subdivide property within the limits of the Town shall comply with the following criteria. The Architectural Review and Planning Board and Town Commission shall assure compliance with these criteria in determining whether the proposed subdivision is permissible. A. Lots to be created by the proposed subdivision shall be consistent with the character of lots and parcels immediate and adjacent to the proposed ci ihilk/kinn B. Proposed subdivisions shall protect the character of the Town by incorporating features that are compatible with and complementary to the preferred elements and overall character of the neighborhood district in which thev are located including, but not limited to parcel size parcel shape access topography, berms and buffers and landscaping and encourage the orderly and aesthetic development of the Town. C. Proposed subdivisions shall not create any non -conforming structures or lots without specific approval from the Town Commission. D. Proposed subdivisions shall protect and conserve the value of land buildings and improvements, and minimize conflicts among uses of land and buildings. E. Applicants for proposed subdivisions shall ensure the adequate and efficient provision of public facilities, such as transportation potable water supply, wastewater collection and treatment, drainage surface water management solid waste, parks and recreation, are available concurrent with impacts of development. F. Proposed subdivisions shall avoid traffic congestion on streets and eliminate conflicts between pedestrian and vehicular movements. G. Streets and vehicular use easements shall provide safe and efficient access for municipal services, such as fire, police and solid waste removal. As such dead- end streets and easement ending in a "T" or "Y" turnaround shall not be permitted. H. Proposed subdivisions shall establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions of subdivided land. Proposed subdivisions shall ensure that new development will be required to bear its fair share of the cost of providing the public facilities and services needed at the time of development. Proposed subdivisions shall prevent the pollution of air and water resources; ensure the adequacy of surface water management facilities• safeguard the groundwater resources; and encourage the conservation protection and management of natural resources. K. Clear -cutting of parcels shall not be permitted. A landscaping plan shall be provided so as to assure the preservation of landscaping and screening to the fullest extent possible and to provide a mitigation plan for any landscaping which is removed. Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article I, Section 66-1, Definitions, to read as follows: Section 66-1. Definitions. Basement shall mean that portion of the building which is below the finished floor elevation of the building and is located within the footprint of the first floor. A basement is not considered a story with regards to the height measurement of a building, unless the ceiling of the basement is greater than three (3) feet above grade. The squ@Fe feetag-e area of a basement completely under the first floor footprint and having no outside entrance shall be included as !99°4 75% of the building's Floor Area Ratio calculations. The area of a basement with an outside entrance shall be included as 100% of the building's Floor Area Ratio calculations. Basements shall conform to all setback regulations for structures. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the building. 'TAW Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual, Article II, Single -Family Districts, Section 70-27, District Descriptions, to read as follows: Sec. 70-27. District descriptions. (c) The character of each district, and the town as a whole, is further defined by the design elements and features listed as "preferred" in other articles of the chapter. From the surveys, these elements and features were found to represent the existing and desired qualities that the town wishes to have reflected in new homes and renovations of existing homes. While the use of specific preferred design elements is not mandated for new homes or rehabilitation projects, proposed projects must incorporate design features that are compatible with, and complimentary to, the preferred elements and overall character of the district, including parcel size, parcel shape architecture and landscaping. Users of this chapter are therefore advised to closely study the character descriptions in this article as well as all of the preferred elements found in other articles prior to initiating project designs. Section 70-298 and 70-299 also should be consulted for a further description of existing development in the town and each district. Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development Regulations, Section 70-70, Floor Area Calculation, to read as follows: Section 70-70. Floor Area Calculation (6) Areas in basements shall fGt be included as 75% when it is located completely under the first floor footprint and has no outside entrance. Areas in basements with an outside entrance shall be included as 100%. Section 5. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual, Article V, Areawide Standards, Section 70-100, Roof and Eave Height, to read as follows: Section 70-100. Roof and eave height (a) (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings Dutch gable or other such elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches (4em eight feet to 12 fer- eRtFy (2) Discouraged Eave heights: Between ten feet six inches and 12 feet (bet eeR 12 and 14 feet fer ept-F" feat Fes) (3) Prohibited Eave heights: Less than eight feet or greater than 12 feet (gFeat„r +hag 14 f.,.,+ fer entre feat s) (c) Two-story homes. (1) Preferred. Eave heights:: Beachfront and Ocean West Districts — From eight feet to 12 feet for one- story portions (4em ^h+ f,,.,+ +., 14 feet f eRtFy f + ) All other districts — From eight feet to ten feet six inches for one-story portions (499, eight f^^+ to 14 f^^+ f entFy f ) (2) Discouraged. Eave heights: Beachfront and Ocean West Districts — Between 12 and 14 feet for one- story portions (bet eeR 14 ,^d- ,-Ce feet ff + r � All other districts — Between ten feet six inches and 12 feet six inches for one-story portions (-between IA ,^d feet f entFy f Section 6. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual, Article VII, Predominant Revival Style, Division 3, Gulf Stream -Bermuda Style, Section 70-238, Roofs, to read as follows: Section 70-238. Roofs. (a) Required. White flat WRte .+ a + i Flat, white thru and thru smooth un- coated tile and ,&�� gray slate er slate style the may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences. subje^+ to Level 11 a Flat, gray thru and thru un -coated tile or slate -like tile may be permitted at the discretion of Architectural Review and Planning Board and Town Commission through the Level III review process subiect to the Architectural Review and Planning Board and the Town Commission making a determination that such alternatives are appropriate for the neighborhood. Section 7. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual, Article III, Use Regulations, Section 70-51, Minor accessory structures, to read as follows: Section 70-51. Minor accessory structures. The following structures shall be considered as minor accessory structures in all five single family zoning districts subject to specific setbacks established in this chapter. Any structure which is larger or more intensive shall be subject to the same setbacks as the principal structure. (2) Permanent recreation facilities, including but not limited to: In -ground swimming pools and spas, including waterfalls, which shall not to exceed four feet in height. Section 8. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division 2, Accessory Structures and Recreational Facilities, Section 66-367, Swimming Pools, to read as follows: Section 66-367. Swimming pools. (i) Waterfalls, minor accessory structures shall not exceed 4 feet in height as measured from average finished grade of property. (k) No grotto shall be permitted within any zoning district A grotto shall be considered an artificial structure or excavation made to look like a cave or cavern. Section 9. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division 2, Accessory Structures and Recreational Facilities, Section 66-369, Docks, to read as follows: Section 66-369. Docks. (7) Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. All docks shall be made of wood. No concrete docks are permitted. Section 10. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development Regulations, Section 70-71, Floor area ratios, to read as follows: Section 70-71. Floor area ratios. (c) Incentive floor area ratio 1. For new structures in all districts, FAR may be increased to 0.33 for first 20,000 square feet of lot area plus .25 for portions above that if a minimum ten (10) foot setback is provided on any multi -story portion of the structure The ten (10) foot setback is in addition to the minimum required front setback. The structure must conform to all applicable setbacks. so' 2. For alterations to existing structures in all districts FAR may be increased to 0.33 for first 20,000 square feet of lot area plus 25 for portions above that if architectural features are added to the structure. The features may take the form of a porch or balcony, but must be located on the front side of the structure and must occupy a minimum of 150 SF. Section 11. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development Regulations, Section 70-73, Second floor areas, to read as follows: Section 70-73. Two-story structures ll In order to limit the construction of bulkier homes with full second stories in districts with small to medium lot sizes, the following restrictions shall be used: (b) The use of architectural design features to provide variation among two-story single family homes is required. One or more of the following features shall be incorporated within facades facing public or private roadways on any new two- story, single family home in all zoning districts • Second -story setback (minimum 5' setback in addition to ground level front setback 0 Front porch (minimum 8' depth) Gulf Stream Ocean Beachfront North/South Place au Core West Soleil Maximum -.7-5 .70 x first I xf+rst ' Prgt f'^^- .70 x first X5.70 x Second floor area fiA9F;;rea area floor area first floor Floor Area .70 x first .70 x first area floor area floor area (b) The use of architectural design features to provide variation among two-story single family homes is required. One or more of the following features shall be incorporated within facades facing public or private roadways on any new two- story, single family home in all zoning districts • Second -story setback (minimum 5' setback in addition to ground level front setback 0 Front porch (minimum 8' depth) " B a l c o n y ( m i n i m u m 2 4 S F ) " A r c a d e T h e T o w n C o m m i s s i o n m a y w a i v e t h i s r e q u i r e m e n t w i t h i n s u b s e c t i o n ( b ) i f t h e a p p l i c a n t c a n d e m o n s t r a t e t h a t t h e s e f e a t u r e s a r e i n c o n s i s t e n t w i t h t h e h o m e ' s a r c h i t e c t u r a l s t y l e a n d t h a t t h e d e s i r e d v i s u a l v a r i a t i o n i s p r o v i d e d t h r o u g h o t h e r m e a s u r e s . S e c t i o n 1 2 . T h e C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m i s h e r e b y a m e n d e d a t C h a p t e r 7 0 , G u l f S t r e a m D e s i g n M a n u a l , A r t i c l e V I , D i s t r i c t S t a n d a r d s , S e c t i o n 7 0 - 1 8 7 , T a b l e o f d i s t r i c t s t a n d a r d s , t o r e a d a s f o l l o w s : S e c . 7 0 - 1 8 7 . T a b l e o f d i s t r i c t s t a n d a r d s . 2 . R o o f s 1 . C e r t a i n m e t a l r o o f s d e t e r m i n e d b y t h e t o w n t o b e a p p r o p r i a t e t o t h e s t r u c t u r e a n d t o t h e n e i g h b o r h o o d m a y b e a p p r o v e d o n l y i n i n s t a n c e s o f r e - r o o f i n g o f e x i s t i n g s t r u c t u r e s b a s e d u p e s u b j e c t t o r e c e i p t b y t h e t o w n o f a n e n g i n e e r ' s c e r t i f i c a t i o n t h a t t h e e x i s t i n g s t r u c t u r e w i l l n o t s u p p o r t a t i l e r o o f , s a i d c e r t i f i c a t i o n t o a p p e n d t h e e n g i n e e r ' s s t u d y ( i e s ) a n d r e p o r t ( s ) s u p p o r t i n g s a i d c e r t i f i c a t i o n a n d s u b j e c t f u r t h e r t o a n e n g i n e e r a p p o i n t e d b y t h e t o w n c o n f i r m i n g s a i d e n g i n e e r ' s c e r t i f i c a t i o n A d d i t i o n a l l y , u n p a i n t e d c o p p e r m a y b e u s e d e i t h e r a s a d e c o r a t i v e a c c e n t o r o n m i n o r a c c e s s o r y s t r u c t u r e s . S e c t i o n 1 3 . S e v e r a b i l i t y . I f a n y p r o v i s i o n o f t h i s O r d i n a n c e o r t h e a p p l i c a t i o n t h e r e o f i s h e l d i n v a l i d , s u c h i n v a l i d i t y s h a l l n o t a f f e c t t h e o t h e r p r o v i s i o n s o r a p p l i c a t i o n s o f t h i s O r d i n a n c e w h i c h c a n b e g i v e n e f f e c t w i t h o u t t h e i n v a l i d p r o v i s i o n s o r a p p l i c a t i o n s , a n d t o t h i s e n d t h e p r o v i s i o n s o f t h i s O r d i n a n c e a r e h e r e b y d e c l a r e d s e v e r a b l e . S e c t i o n 1 4 . R e p e a l o f O r d i n a n c e s i n C o n f l i c t . A l l o t h e r o r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a , o r p a r t s t h e r e o f w h i c h c o n f l i c t w i t h t h i s o r a n y p a r t o f t h i s O r d i n a n c e a r e h e r e b y r e p e a l e d . S e c t i o n 1 5 . C o d i f i c a t i o n . T h i s O r d i n a n c e s h a l l b e c o d i f i e d a n d m a d e a p a r t o f t h e o f f i c i a l C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m . S e c t i o n 1 6 . E f f e c t i v e D a t e . This Ordinance shall take effect immediately upon its passage and approval, as provided by law. I PASSED AND ADOPTED in a regular, adjourned session on first reading this 8th day of June , 2012, and for a second and final reading on thisl3th day of July , 2012. Mayor, Commissioner Commissi ner Commissioner ATTEST: (x Clerk CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley REGULAR MEETING AND PUBLIC HEARING BEING HELD REVIEW AND PLANNING BOARD OF THE TOWN OF GULF THURSDAY, JULY 26, 2012 AT 8:30 A.M., IN THE GULF STREAM, FLORIDA. AGENDA July 19, 2012 BY THE ARCHITECTURAL STREAM, FLORIDA ON TOWN HALL, 100 SEA ROAD, I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing 6-28-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. No meeting in August b. September 27, 2012 @ 8:30 A.M. C. October 25, 2012 @ 8:30 A.M. d. November to be determined e. December 27, 2012 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Roger Cope, as Agent for the owners, Thomas & Kirsten Stanley, of property located at 3524 Oleander Way, Gulf Stream, Florida, which is legally described as Lot 57, Gulf Stream Properties No. 2 together with that portion of the South half of the right- of-way known as Pandanus Rd. lying North of adjacent Lot 57, Gulf Stream, Florida. a. SPECIAL EXCEPTION to permit air conditioning equipment to encroach approximately 2' into the South side setback. b. DEMOLITION PERMIT to remove a portion of existing West wing and the existing one car garage. C. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit demolition of a portion of the West wing and existing one car garage, the addition of a two car garage and expansion of the West wing, a total of 1,492 sq. ft. to the existing 1 -story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment. 2. An application submitted by James Boyce as agent for ON Seahorse, LLLP, owners of the property located at 4001 N. Ocean Blvd. on the West side of State Road AlA, legally described in metes and bounds. a. The construction of two buildings, one of Georgian and one of Anglo Caribbean architectural style, containing a total of five 2 -story villas. AGENDA CONTINUED VII. Items by Staff. VIII. Items by Board Members. IX. Public. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JUNE 28, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:30 A. M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the meeting to order at Robert W. Ganger Scott Morgan Paul Lyons, Jr. Tom Smith Thomas M. Stanley Malcolm Murphy Amanda Jones William H. Thrasher Rita L. Taylor John Randolph Roy M. Simon, Architect Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Alt. Member sitting as Board Member Board Member Alt. Member Town Manager Town Clerk Town Attorney Agent for Paul Lyons And Peter Lyons Town Consultant III. Minutes of the Regular Meeting and Public Hearing of 5-24-12. Mr. Smith moved and Vice -Chairman Morgan seconded to approve the Minutes of the Regular Meeting and Public Hearing of May 24, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. July 26, 2012 @ 8:30 A.M. b. No meeting in August C. September 27, 2012 @ 8:30 A.M. d. October 25, 2012 @ 8:30 A.M. e. November to be determined f. December 27, 2012 @ 8:30 A.M. Chairman Ganger noted that there will not be an August meeting, and he said the ARPB will schedule their November meeting after the Commission schedules their November meeting. Clerk Taylor said no applications have been submitted and, therefore, there may not be a July meeting. Chairman Ganger noted that 2nd reading of the Ordinances changing the Code and Comp Plan is scheduled for the July 13th Commission Meeting and, if adopted, Code changes will be effective as of that date. VI. PUBLIC HEARING. A. Applications for Development Approval Architectural Review and Planning Board Regular Meeting and Public Hearing - June 28, 2012 Page 2 Chairman Ganger asked for declarations of ex -parte communication concerning the matters scheduled for public hearing. Chairman Ganger stated that he drove by the Binnie property at 1314 N. Ocean Blvd. Mr. Stanley stated that he is a neighbor of Peter Lyons of 3550 Gulf Stream Rd. Mr. Smith stated that he drove by the Binnie property and that he is familiar with the properties located at 2945 Polo Dr. and 3550 Gulf Stream Rd. ARPB Member Paul Lyons recused himself from the hearing of both development applications as he is the owner/applicant for the property at 2945 Polo Drive, and Peter Lyons, applicant for the property at 3550 Gulf Stream Rd., is his brother. Mr. Lyons left the room and stated he would return to listen to the hearing for 3550 Gulf Stream Rd. Clerk Taylor administered the Oath to Roy Simon of Roy M. Simon, Architect, and Marty Minor of Urban Design Kilday Studios. 1. An application submitted by Roy Simon as agent for Mr. & Mrs. Paul Lyons, Jr., owners of property located at 2945 Polo Drive, legally described as Lot 12, Gulf Stream Properties Subdivision, Gulf Stream, Florida. a. VARIANCE to permit the replacement of an existing semi -circular flat roof over the dining area with a roof of a complex geometrical configuration consisting of 5 sections. b. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bedroom addition of 272 square feet. C. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of a bedroom and an enlargement of the dining area which includes a roof of complex geometrical configuration, a total of 323.9 square feet, to the existing Gulf Stream Bermuda style, 1 - story single family dwelling. Roy Simon introduced himself and stated that he represents Mr. and Mrs. Paul Lyons, Jr. He said the original house was built in 1977 according to the setbacks existing at that time and, therefore, the applicant is asking that it be accepted as non -conforming because of those setbacks. Mr. Simon said the dining alcove, which is beginning to deteriorate, is located in the existing flat -roof, semi -circular addition and the applicant would like to enlarge the dining area and add a guest bedroom. He said they tried to simplify by following the planes of the existing roof to avoid drainage problems and tearing up the house. However, he said they created what seems to be a complex configuration. Mr. Simon explained the roof drainage, he said there is a lot of foliage in the rear of the home which will be maintained, and he said the original windows do not have muttins and the applicant does not want them on the new windows. He said the Bermuda Style architecture typically has open windows to provide panoramic views. Vice -Chairman Morgan commented that the Code uses the word "complex" to provide discretion. He said it does not appear complex to him. Chairman Ganger asked Clerk Taylor if there were any comments concerning Architectural Review and Planning Board Regular Meeting and Public Hearing - June 28, 2012 Page 3 the design from the neighbors. Clerk Taylor said there were no comments from neighbors. There was no further comment from Staff. Vice -Chairman Morgan moved and Mr. Smith seconded to recommend approval of variance based on the finding that the replacement of an existing semi -circular flat roof over the dining area with a roof of a complex geometrical configuration consisting of 5 sections meets the minimum intent of the Design Manual and applicable review standards, as defined by Code Section 66.154. There was no discussion. All voted AYE. Vice - Chairman Morgan moved and Mr. Stanley seconded to recommend approval of Special Exception of the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bedroom addition of 272 SF, as defined by Code Section 70- 74. There was no discussion. All voted AYE. Vice -Chairman Morgan moved and Mr. Smith seconded to recommend approval of Level III Architectural/Site Plan based on the finding that the proposed addition of a bedroom and an enlargement of the dining area which includes a roof of complex geometrical configuration, a total of 324 SF, to the existing Gulf Stream Bermuda style, 1 -story single family dwelling meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. 2. An application submitted by Roy M. Simon, Architect as agent for Mr. & Mrs. Peter A. Lyons owners of property located at 3550 Gulf Stream Road, Gulf Stream, Florida 33483, legally described as Lot 2, Block 2, Plat No. 1 Polo Fields, Gulf Stream, Florida, for the following: a. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bathroom addition of 277 square feet. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 488.7 square feet, to existing Colonial West Indies style 1 -story single family dwelling; the removal of existing pool and construction of a new pool; and the removal of the circular driveway to accommodate a front lawn enclosed with a 4' high fence. The driveway into the garage will be Chicago brick and a back -out space will be included. Roy Simon stated that he represents Mr. and Mrs. Peter A. Lyons. He said the home is a U-shaped, Colonial style with a swimming pool in the middle, a flat -roofed screened porch and semi -circular entrance. Mr. Simon said they propose to alter the exterior facade, build a bedroom/bathroom addition on the rear of the home, remove the existing pool and concrete patio and install a new pool in the back yard, remove the circular driveway to provide a larger front yard, and enclose the flat -roofed screened porch to provide additional living area, which will have a gable roof and will follow the existing roof lines. He said the front facade will change by removing the two windows and converting them Architectural Review and Planning Board Regular Meeting and Public Hearing - June 28, 2012 Page 4 to French doors, which will open onto a small, covered, unenclosed sitting patio. Mr. Simon said the aluminum awning windows in the rear of the home will be changed to impact resistant casement with muttins that provide a simple horizontal separation. He said everything meets current Code except for the side setbacks, and he said the applicant is requesting a special exception because the Code has changed since the home was built and the setbacks are different today. Chairman Ganger asked if the roof over the enclosed porch area will match the rest of the roof and Mr. Simon confirmed that. Chairman Ganger asked Mr. Simon if the Dutch feature at the entrance of the home meets Code and Mr. Simon confirmed that. Vice -Chairman Morgan commented that the changes maintain the classic proportion of the structure. Chairman Ganger asked about additional landscaping in the front. Mr. Simon said they submitted a landscape plan with their application, along with a drainage plan. He said there will be a tall hedge across the front with a chain link fence behind it as part of the hedging, which continues around the property. Mr. Thrasher recommended a condition of approval to the Level III Architectural/Site Plan that the applicant shall complete a Gulf Stream Driveway Permit Application and a Driveway Maintenance and Removal Agreement. Chairman Ganger asked about the proposed underground propane gas and Mr. Simon explained that they are changing their cooking range from electric to gas, they have a fire place where they would like to use a gas log, they will use a tankless water heater for the addition, and they would like to establish a barbeque area. He said the underground tank will probably be located on the side yard. Mr. Thrasher reminded Mr. Simon of the minor accessory setback of 12 feet on the side, and he said the underground tank is fine, but any equipment such as a generator or barbeque grill that is 8 inches above ground must conform to the side setbacks. Vice -Chairman Morgan moved and Mr. Stanley seconded to recommend approval of a Special Exception to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bathroom addition of 277 SF, pursuant to Code Section 70-74. There was no discussion. All voted AYE. Vice Chairman Morgan moved and Mr. Smith seconded to recommend approval of Level III Architectural/Site Plan based on the finding that the proposed addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 489 SF, to existing Colonial West Indies style 1 -story single family dwelling; the removal of existing pool and construction of a new pool; the removal of the circular driveway to accommodate a front lawn enclosed with a 4' high fence; modifications to the driveway into the garage that includes Chicago brick and a back -out space meet the minimum intent of the Design Manual and applicable review standards, with the following condition: 1. The applicant shall complete a Gulf Stream Driveway Permit and a Driveway Maintenance and Removal Agreement. There was no discussion. All voted AYE. Architectural Review and Planning Board Regular Meeting and Public Hearing - June 28, 2012 Page 5 VII. Items Related to Previous Approvals. A. Landscaping revision related to approved renovations and improvements at 1314 N. Ocean Blvd. submitted by Krent Wieland Design, Inc. There was no representation from Krent Wieland Design, Inc. to present the application for the landscape revisions. Mr. Thrasher stated that there were no odd species proposed in the revision and the plan looked okay to Staff. He said he is authorized to approve minor changes only and the changes to this landscape plan are major, which is why this has been brought back to the ARPB for approval. Chairman Ganger commented on the roof of this home saying that he drove by during daylight hours and it is a beautiful roof and very appropriate for the design of the home. Vice -Chairman Morgan moved and Mr. Smith seconded to approve the revisions to the landscape plan. There was no discussion. All voted AYE. VIII. Items by Staff. A. Additional Review of Proposed Amendment to Section 70-238, Roofs, as Written in Proposed Ord. 12\4. Mr. Thrasher stated that Marty Minor was present to discuss additional review of proposed Section 70-238, Roofs, as provided in Ordinance 12/4. Chairman Ganger commended Mr. Randolph for his recommendations, and he said the Commission was open-minded, they reacted to specific proposals and made suggestions, and there was a general feeling that the changes were constructive. Mr. Randolph said the specific issue before the ARPB with regard to roofs is whether or not it is necessary to better define the shade of gray and whether or not the language should be more specific than "appropriate for the neighborhood." He said so many shades of gray are brought before the Board and the ARPB tried to make it broad enough to allow for discretion to make a decision as to whether a certain shade of gray is appropriate for the neighborhood. Mr. Lyons said the ARPB suggested deleting "slate -like" and the Commission felt that would be too rigid. Clerk Taylor clarified that the Commission stuck with real gray slate for Bermuda style architecture only. She said if a structure is not Bermuda style, the roof tile can be considered under another Code section where nothing specific is required. Mr. Minor said the Commission considered eliminating specific shades of gray and they wanted input from the ARPB concerning "appropriate for the neighborhood." Chairman Ganger noted that the issue of "appropriate for the neighborhood" was brought up by Commissioner Anderson who lives in Place Au Soleil, which is a very eclectic neighborhood. Vice -Chairman Morgan said that the eclectic nature of Place Au Soleil argues in favor of even more discretion, and he said he believes the phrase should be maintained. Mr. Thrasher noted the proposed language in Section 70-238 (a) and he said it is not necessary to define shades of gray because the flexibility for the Board to evaluate a home is provided in the underlying section. Clerk Taylor said when you look at different Architectural Review and Planning Board Regular Meeting and Public Hearing - June 28, 2012 Page 6 architectural styles, another shade of gray may be more appropriate. She said, for example, the new home at 1314 N. Ocean may not be as attractive with a very dark shade of gray. However, she said the home at 554 Palm Way, which is a different architectural style, called for the dark contrast. Chairman Ganger pointed out that roof tile looks different in daylight and suggested reviewing a proposed roof tile outside to get a better idea of the actual color. Mr. Minor said the exterior color of the home should be considered. Mr. Stanley said it is helpful to consider the rhythm of the street. Mr. Thrasher said, on a Level I, he will only approve flat white thou and thou smooth uncoated tile or gray slate. He said anything other than that would go through the Level III process. Mr. Randolph said the ARPB must send their recommendation back to the Commission concerning the issue of gray roof tile and the phase "appropriate for the neighborhood." He said a unanimous consensus of the Board that the recommended language is appropriate will be sufficient. Clerk Taylor stated that Commissioner Anderson has strong feelings about the phrase "appropriate for the neighborhood" due to certain projects that were approved in Place Au Soleil. She said the detached 2 -story garage that was approved in Place Au Soleil is a type of structure which is far removed from that area. Clerk Taylor said when considering amendments to the Subdivision Code and how widespread a neighborhood should be, the ARPB scaled it back. Mr. Randolph said the Code language provides discretion and he does not believe it should be changed. Chairman Ganger noted that the primary issue with the 2 -story garage was privacy and what was appropriate for the neighborhood was secondary. He said the home was the first built in Place Au Soleil, it is a very eclectic home, and neighborhood design was not paramount. Vice -Chairman Morgan said the ARPB did not recommend approval of that application, the Commission approved it. It was the unanimous consensus of the Architectural Review and Planning Board that the recommended language in Section 70-238, Roofs, (a) concerning gray roof tile, and the phrase, "appropriate for the neighborhood" is appropriate and there are no further recommended changes. Chairman Ganger noted that Mr. Randolph recommended Criteria K in Section 62-10, Criteria for Subdivision Review, which provides for no clear cutting of parcels, and he said the Commission approved the recommended language. It was the unanimous consensus of the Architectural Review and Planning Board that the language in Criteria K is appropriate. IX. Items by Board Members. Chairman Ganger mentioned that he attended a Town of Manalapan Commission Meeting where they discussed the issue of term limits. He said their Planning Board and Architectural Board are separate and their Architectural Review and Planning Board Regular Meeting and Public Hearing - June 28, 2012 Page 7 members have term limits, and he said the Town of Manalapan will have a referendum for term limits for Commissioners. Chairman Ganger said when he addressed their Commission he suggested merging the two Boards. He extended an invitation to Commissioner Gottlieb to attend a Gulf Stream ARPB meeting. Mr. Stanley said there is a possibility of an application being filed in time to be included on the July 26th ARPB Meeting Agenda. Mr. Randolph asked Mr. Stanley if he will have to recuse himself from the proceedings on July 26th and Mr. Stanley confirmed that. Mr. Smith noted that the hammerhead at 1220 N. Ocean Blvd. is under construction. Chairman Ganger said he heard there was a contingent as to whether the developer has fulfilled his obligation to the parties of the Neighborhood Agreement with respect to drainage. Mr. Thrasher said the Town has been advised that the drainage plan has been installed. He said the developer was required by South Florida Water Management District to acquire their permit. Mr. Thrasher said Neighborhood Agreement requires maintenance on the pipe because it can frequently clog which will cause flooding on either end of the pipe. He said the Town's approval process required that they apply for, and receive, appropriate regulatory permits. X. Public. There were no public comments. XI. Adjournment. Mr. Smith moved and Vice -Chairman Morgan seconded to adjourn the meeting. The meeting was adjourned at 9:40 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-08 Owner: Thomas & Kirsten Stanley Address: 3524 Oleander Way Agent: Roger Cope, Cope Architects Proposed Improvement: Partial demolition and additions to an existing 1 -story single family historic Polo Cottage. Approvals Requested: Special Exception: To permit air conditioning equipment to encroach approximately 2' into the South side setback. Demolition: To remove a portion of existing West wing and the existing one car garage. Level III Architectural/Site Plan: To permit demolition of a portion of the West wing and existing one car garage, the addition of a two car garage and expansion of the West wing, a total of 1,492 SF to the existing 1 -story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment. Gross Lot Size: 18,816 SF Effective Lot Area: 18,816 SF Proposed Total Floor Area: 3,015 SF Allowable: 6,209 SF Zoning District: RS -C Considered During Review: Section 70-74 Setbacks. Height: 14' Section 70-75 Special Exception setbacks. Section 70-77 First floor elevation. Section 70-99 Roof design, slope and materials. Section 70-100 Roof and eave heights. Section 70-187 Table of District Standards. Substantial Improvement Review. The existing home is below the 7' elevation required by the Flood Insurance Rate Map for this area. As such, the home may not be improved in excess of 50% of the existing home's value. The property owner has submitted documentation indicating that the threshold has not been exceeded. Recommendations: Motion to recommend approval of a special exception to permit air conditiong equipment to encroach approximately 2' into South side setback. Architectural Review and Planning Board Page 2 ARPB File #012-08 July 26,2012; TC August 10, 2012 Motion to recommend approval of a demolition permit to remove a portion of an existing West wing and the existing one car garage. Motion to recommend approval of a Level III Architectural/Site Plan based on a finding that the proposed demolition of a portion of the West wing and existing one car garage, the addition of a two car garage and expansion of the West wing, a total of 1,492 SF to the existing 1 -story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment meet the minimum intent of the Design Manual and applicable review standards. ARPB Date: July 26, 2012 Action: Special Exception: Recommend approval as requested. (4-0) Action: Demolition (Recommend approval as requested. (4-0) Action: Level 3 Architectural/ Site Plan Review: Recommend approval as requested. (4-0) Town Commission Date: August 10, 2012 Action: Special Exception: Approved as recommended. (4-0) Action: Special Exception: Approved as recommended. (4-0) Action: Level 3 Architectural/Site Plan Review: Approved as recommended. (4-0) Town of Gulf Stream TOWN OF GULF STREAM oltECEIVEDe JUL 0 9 2012 %,a t otW1 Stream, FL TIONFORDEVELOPMENT APPROVALy This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. ARPB File # 1,2 " To be completed by all applicants. PART 11. GENERAL INFORMATION A. Project Information I.A.I. Project/Owner Name: Historic Polo Cottage/Thomas M. Stanley and Kirsten B. Stanley I.A.2. Project Address: 3524 Oleander Way, Gulf Stream, FL I.A.3. Project Property Legal Description: _ Lot 57, Gulf Stream Properties No. 2, Plat Book 18, Page 42, together with that portion of the .South half of the right-of-way known as Pandanus Road, lying North of adjacent lot 57. I.A.4. Project Description (describe in detail, including # of stones, etc.) New single story west wing - 795 sq/ft (consisting of kitchen, laundry room, third bedroom and bath; New single story detached garage - 697 sq/ft I.A.5. Square Footage of New Structure or Addition: See above. Architectural Style: — Cape Cod -cottage 1.A.6. Check all that apply: 0 Architectural/Site Plan Review ❑ Land Clearing 0 North Ocean Boulevard Overlay (complete section B) A Demolition of Structures ❑ Non-residential uses o Variance (complete section G) X Special Exception (complete section) 1.A.7. (a) Proposed F.F.E.: 6.5' auger pilings Type of Foundation: _ B. Owner Information I.B.I. Owner Address- 3524 Oleander Way, Gulf Stream, FL 1.6.2. Owner Phone Number: 561 276-6363 ext 102; fax - 561 -276-8881; email: tom(cDmacmillanstanie .com 1.B.3. Owner Sianature- C. Agent Information I.C.1. Agent Name and Firm Name: ope Architects I.C.2. Agent Address: 114'/ NE 4"' Avenue, Delray Beach, FL 33444 I.C,3. Agent Phone Number: (o)_561-789-3791 1.C.4. Agent Signature: Pre -App Date: App Date: — Com Date: _ Decision: cell Fax Official Use Only ARPB Date: Recommendation: TC bate: Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART ill. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question. number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located? RS - Gulf Stream Core - Polo Cottages III.A.2. Is the project compatible with the intent of the zoning district? -Yes ❑ No Explain._This is a renovation in keeping with the historic architectural style, size and scale of the existing polo cottage to create a single family residence that may be used by a- ---`family with children. III.A.3. Is the prolecc consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? P Yes ❑ No Explain,— This is a renovation to preserve the polo cottage as a single family residence now and into the future. The project is not contrary to FLUM and the comprehensive plan. iII.A.4. How are Ingress and egress to the property to be provided? The ingress and egress to the property shall remain the same as currently exists.' However, the rear drive to the new detached garage will be wider to accommodate the two car garage (whereas currently there is a one car garage). `— III.A.5. How are the following utilliies to be provided to th%property? a. Stormwater Drainage b. Sanitary Sewer C. Potable Water d. irrigation Water e. Electricity f. Telephone g. Gas h. Cable Television III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) The proposed detached garage complies with Section 66-144. It is the same as the existing garage except that the proposed garage is a two car garage instead of a one car garage. The materials and elevations mimic the existing structures. PART IV. ADDITIONAL INFORMATION Section A Is to be completed by al/ applicants after pre -application conference with Town staff. Answering "Yes"to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV -A.1. Does the project Involve land area within fifty feet (501) of the AIA (North Ocean Boulevard) right-of- way? ❑ Yes Pf No (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? S Yes ❑ No (If "Yes", section C of this part must be completed.) IV.A.3, Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes m No (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? Q Yes ❑ No (If "Yes", section E of this part must be completed.) 1V.A.6. is the project at variance with any regulations contained in the Zoning Code? ❑ Yes allo (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Town of Gulf Stream B. Projects Requiring North Ocean Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be disturbed or added and to what extent? The architectural features will remain the same as the existing home. The detached two -garage will be larger than the existing one car garage. The landscape features will remain similar from the street except for the addition of Clusia trees to soften the rear elevations from Gulf Stream Road. The ficus hedge along west boundary of property and Gulf Stream Road will remain. IV.B.2. Describe the need and justification for the disturbance/addition: The existing one car garage floods and has exceeded its useful life. The new construction of the West Wing is to make the house functional for a family with a third bedroom, bath, and laundry room contiguous to the existing main house. IV.B.3. Will the disturbance/addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or Impairs significant views or vistas within the North Ocean Boulevard Overlay District? Yes No Explain: IV.B.4. How is the design consistent with the AIA Landscape Enhancement Project? IV.6.5. What.mitigation is proposed so that the disturbance/addition has the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District: C. Projects Requiring a- Demolition Permit W.C.I. When are the existing structures to be demolished? As part of the construction project _ Fall - 2012 — IV.C.2. When are the proposed structures to be constructed? Immediately after the demolition - T Fall 2012 IV.C.3. What is the landmark status of the structures to be demolished? The structures are not land marked. D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard Overlay District: IV.D.2. Describe the need and justification for the removal/relocation: IV.D.3. How is the removal from the project site of vegetation to be mitigated: IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 E• Projects Requiring a Special Exception. IV.E,1 • Is the Proposed use a ' p permitted special exception use? IV.E,2, How fs the use � Yes F-1No Code Section: 70-75 designed, located and proposed to be operated so that the welfare, and morals will be protected? public hearth, safety, .This special exception is the locate the HVAC (mechanical equipment) in the South Setback (on the south side of new proposed garage. The equipment should be located away from the outdoor patio areas of the home. IV.E,3, Will the use cause substantial injury to the v be located? ❑ Yes p No alue of other property in the neighborhoo d where it is to Explain. No, the location of the HVAC unit will not insure other property in the neighborhood. The neighbor to the south has HVAC equipment next to the property line in the setback as well. IV.E.4, Now will the use be compatible with adjoining development Is to be located? and the character of the District where it The use is singly family residential. The HVAC unit will conform to the standards in Section 70-75. IV•E•5• What landscaping and screening are provided? There is existing landscaping along the south boundary line - including Eureka Palms. Per the landscape plan, a Clusia hedge will be added as well to create a buffer. IV -E-6- Does the use conform with all applicable located? regulations governing the District wherein it is to be Explain._ special exception is necessary to keep the patio and open space of the home functional and to accommodate the design of the detached `---'—garage (which is in keeping with the historic character of the home). F. Non -Residential Projects and Residential Projects of Greater than 2 Units IV.F.1. If common area facilities are to be provided, describe them and how the to y are be maintained. IV -F-2- if recreation facilities are to be provided, describe them Properties, and their potential impacts on surrounding IV,F.3. For each of the following, list the number provided and their dimensions, Loading Spaces: Standard Parking Spaces: Small Car parking Spaces: Handicapped Parking Spaces: Driveways/Aisles: Application for Development Approval Form ADA.32000 Page 5 'tiw"gulf Stream N. Projects Requiring Rezoning IV.I-{.1. What is the Future Land Use designation of the project site? JV -H.2. If the project involves a rezoning, ' zoning Code text change, Future Land Use Map change, Comprehensive Plan text change, or any combination thereof, Please describe the need and justification for the request, PART V. OPTIONAL INFORMATION additional relevant information regarding the project that was not covered elsewhere on firs fo pplicants are encouraged, ,but not required, to provide any This entire Part is optional for all applicants. ,q the other materials submitted with the application. nn or on any of —The proposed project includes the demolition of the existing west wing containing the existing kitchen, laundry room and third bedroom and bath. This addition was completed well after the 1927 construction of the main house. The construction is substandard and in need of an upgrade. The ` purpose of this construction is to update this portion of the home and create a fully functional three _ bedroom and three bath home for family use. It is further designed to incorporate the existing pool —into the home. The existing one car garage is small and in disrepair. The new garage will provide adequate room —for cars, storage, and additional laundry facilities. The garage remains detached to be in keeping with the historic architectural style of the home. The garage and addition will have hurricane impact windows and doors. The siding will be —The siding to withstand the elements. The roof will be gray asphalt shingle - which is what currently exists. The new roof will have more _ dimension than the existing shingle roof. Samples will be provided for staff review and approval. 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GOLFSIREIM, FL 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 scar I' -ID' TEL 7721770-9622 FAX 7721770-9496 EMAIL info@sbsengineers.com ""`- DATE 6/22/11 a = 9.21 m s W W M F W T N m V C 9� $SWW o ry O D 0 0 RROFIOSLO SITE PL4L RIR: SCH I DRANING 12089517E MARIE REWS GATE ULKE, BITTLE & STODDARD, L.L.C. STANLEY RESIDENCE SITE PLAN W W.P.S. CML & S7RUMIRAL ENGINEERING - LAND PLANNING - ENW RONMENTAL PERMIMNG °R DRANK M.A.N. ,Dz 3524 OLE,DER WAY CERTIFICATION OF AUTHORIZATION NO.: 00008668 K CHECKED W.P.S. GOLFSIREIM, FL 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 scar I' -ID' TEL 7721770-9622 FAX 7721770-9496 EMAIL info@sbsengineers.com ""`- DATE 6/22/11 r 0 OCG 00 WX m� 0 Dp Xr no =n -�o mj CG) �rn r -n r- 0 0 0 T Z 4) a 161 0 x M rno 0 pco ,�°� N g m 3 y �v f y COPE ARCHITECTS, INC. HISTORIC POLO COTTAGE co'"" Seal i L o o mJ8 A 30 7 � P 114 1/2 NE IST AVENUE s 5 f� o W rA� 00 0 � O C A 3524 OLEANDER WAY O O 2 4) a 161 0 x M rno 0 pco ,�°� N aS-1 COPE ARCHITECTS, INC. HISTORIC POLO COTTAGE co'"" Seal O 114 1/2 NE IST AVENUE o W 00 0 � m DELRAYeCBEA BEACH, FLp OryRIrDA'3444-3713 3524 OLEANDER WAY 2 p • g GULF STREAM, FLORIDA • N z � eNo set s1/-e)oe pAat set a�w-6�o7 orawiag me Florida °'° No. PROPOSED FLOOR PLAN(S) r AR0013552 M001 ! ._ No. REVISIONS Gate P __ (AM i D s. , h �� `J c4 ��J �Yw��, • ,� \ V rteR zy� II rn�I�I.� / - 0 O f f HT1 f• - Gi � 3 O T m 9 2 1 N �H m s o > ;an r rn "o > o 9 r a m rn r- c v r c�i \ ` m zv o<0 o g H0 01 ^^D G) a - - rn €Diu a o _ 1 .. m 3 S oo < A R12 T X H ti I rn � -�"� -- I IIIIIIII III IMI VIII __ a 'c•V CI O - III IIIIII I III VIII OH _— II IIII IIII III - — IIII III I I IIIIII / _ n 11111 IIIIII IIII IIII IIII ull�l II III I IIIIII ,. mt __- ,II I IIIIIIIIIIII" r-O Iulll. --- rnr _ I>QIII - -- - <0 -- - �r,Illlll��l 11 IIIIII' ►" IIII ��, _ �I � IIIIIIII IIII D — 4 III I"" IIII VIII (IIII III H O u IaIiIIl In Ii I III n; II_IIIII I I I IIIIIIII; IIII I III II '\ O, , .. IIII11111. IIII 111111. II' I (IIII VIII .�-/-71 - II ' II +III I„ IIII (IIII; rnr� II II 4 � y IIIIIIII 9 o I 20 11. 3 g 'D 0 ~ D i� �O O ® $ o �m E •��� p� � � py v {' O v any N m v U! rIi A O Z A D A Seel D e � �, COPE ARCHITECTS, INC. HISTORIC POLO COTTA Co Itunt Sml af� D p O 114 1/2 NE IST AVENUE O z Z u u m D DELRAYEA cBCH, FfO A` 3444-3713 3524 OLEANDER WAY • g "" GULF STREAM, FLORIDA Drawing nIe F 001 AR0073552 LC - Na. EXTERIOR ELEVATIONS n it, ,7 [:� m -„ r No. REVISIONS Date M3:> rn -� 0 HT off ;on I- D r m O �=D H ;00 H;0 OH ;on rn-0 r0 Mr - <0 r<0 D -�n HO 0 z D 6) rn •jig ODSr���paI p AZTo— 404 � O- �; e� � N 30 � iu ODSr���paI p f. 30 � iu COPE ARCHITECTS, INC. HISTORIC POLO COTTAGE ^ ° v ' D Z o d o p m PJ114 1/2 NE IST AVENUE FLORIDA 33444-3713 DELAY BEACH, '" " w< ODSr���paI p f. COPE ARCHITECTS, INC. HISTORIC POLO COTTAGE ^ ° v ' D Z o d o p m PJ114 1/2 NE IST AVENUE FLORIDA 33444-3713 DELAY BEACH, '" " 3524 OLEANDER WAY N = GULF STREAM, FLORIDA • N � ✓110 sbl x>w 6>ob Pw�c 56• z>w 6>0> D�awmy N. 0 no 52 "° EXTERIOR ELEVATIONS AR013 AROO1J552 No. REVISIONS Dote D H 0) rn-i ;00 H 0" ;on rn-0 r0 rnr <0 'D in 0 01 z D m iz z = F F n n 0 0 m � x a � o z Y r m A O zz z z z p i F F F m ZZ 3 T 1 T 1 D 3 X Lrj ❑ m A � 2 O ;00 2 P HLal Vl 0� g ;on Wo r0 Mr < 0 — D �r I Iliu�l n �a ��I I�! ,►I �' IIIA! III III I II' LI it 0 0 Z 0 � � I,I VIII I'll'lll I� I II!�I IIT I III III �I�I Illlli, D I III I !I ! Ilii II, II I II IIS I IIII '' rn S, --- -- Iy� l� rill' ll' ►IIILINI��liI,lIIl,lSIIlIlI� III�, I I I!Illil - -I ta, V r V� n No�PO 'C�J ' l m nO 30 s gq �o o go 06 o—iag mla EXTERIOR ELEVATIONS _ 15 A �z o_ �a ■■ 3- N Y r m A O zz z z z p i F F F m ZZ 3 T 1 T 1 D 3 X Lrj ❑ m A � 2 O ;00 2 P HLal Vl 0� g ;on Wo r0 Mr < 0 — D �r I Iliu�l n �a ��I I�! ,►I �' IIIA! III III I II' LI it 0 0 Z 0 � � I,I VIII I'll'lll I� I II!�I IIT I III III �I�I Illlli, D I III I !I ! Ilii II, II I II IIS I IIII '' rn S, --- -- Iy� l� rill' ll' ►IIILINI��liI,lIIl,lSIIlIlI� III�, I I I!Illil - -I ta, V r V� n No�PO 'C�J ' l m nO L o �„ O .A 3� ► X10 06 o—iag mla EXTERIOR ELEVATIONS _ 15 A �z o_ N°. REWSIONS Data ■■ 3- N ■ 0 ' N n No�PO 'C�J ' l m dl°, m L o �„ O .A s 06 o—iag mla EXTERIOR ELEVATIONS _ 15 A �z o_ N°. REWSIONS Data ■■ 3- N ■ 0 ' N n , z ° No�PO 'C�J ' l m Seal Florida L`°°°° NO. AR0013552 COPE ARCHITECTS INC. - 114 1/2 NE IST AVENUE DELRAY BEACH, FLORIDA 3334444-3713 ""`" K "° ""' a ° v"o 5ei z��-a�oa r.�a sna zz"-bz°z HISTORIC POLO COTTAGE 3524 OLEANDER WAY GULF STREAM, FLORIDA o—iag mla EXTERIOR ELEVATIONS _ N°. REWSIONS Data Carol MacMillan Stanley* Thomas M. Stanley *Board Certified by Florida Bar In Wills, Trusts and Estates. Real Estate Law Offices MacMillan & Stanley, PLLC 29 Northeast Fourth Avenue Delray Beach, Florida 33483 Telephone (561) 276-6363 Facsimile (561) 276-8881 macmillanstanley.com July 9, 2012 Neil E. MacMillan (1918 - 1996) oRECEIVEDo Town of Gulf Stream JUL 0 9.2 Att: Town Manager ; - �; 'U!! 8,; z�;;�, , t 100 Sea Road Gulf Stream, FL 33483 Re: Stanley Project - 3524 Oleander Way, Gulf Stream, FL Special Exception and Driveway Removal/Repair Agreement Dear Mr. Thrasher: This project includes a special exception request to locate mechanical equipment in the side setback area (on the south side of the property next to the new proposed detached garage). The applicant will provide existing site pictures for the special exception upon request. The neighbor to the south side of the applicant's property has mechanical equipment located on or near the property line as well. The applicant's mechanical equipment is located away from the neighboring property's pool/patio area. In regard to this application, the applicant will be installing a new rear driveway (which will be wider) to accommodate the proposed detached two car garage. The driveway apron will extend to Gulf Stream Road. The driveway will consist of a base and then pea gravel. Applicant agrees that any apron installed to contain pea gravel driveway will be removed and/or repaired due to any public works project in the right-of-way per agreement with the Town. TMS/smt Yours very truly, MacMillan & Stanley, PLLC Serving Delray Since 1946 1pt *00 1 �lw' 0 Ww Wf- )**NM Oki 1,11011" :..4, N. 1 A - ,� a d .�.' \ ` MA f --m � \ � z� 4 + # ■ « � �� �� � f1mo 0 -WT :•. k ' h omw rr,nom,.i I (a1 Y a t ti. f� Y p� t ��•� r'c . it i y• s E A 7 j 1 a t ti. f� Y p� t ��•� r'c . it i y• s E A 7 1 t ias JUL 2012 . rL 3524 Oleander Way Gulfstream Drainage Design June 28, 2012 Schulke, Bittle, & Stoddard L.L.C. 1717 Indian River Boulevard Suite 201 Vero Beach, Florida 32960 Date: W iam Stoddard Ph.D., P.E. FL Reg. No. 57605 F j SCHULKE, BITTLE & STODDARD, L.L.C. X06 CIVIL 8 STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING TEL 772 / 770-9622 www.sbsengineers.com Fax 772 / 770-9496 1717 INDIAN RIVER BLVD., SUITE 201 EMAIL info@sbsengineers.com VERO BEACH, FLORIDA 32960 SHEET NO. OF— CALCULATED F_CALCULATED BY DATE CHECKED BY SCALE (Nlf J�>7um, �L Get 5 bf �uI f fU�, �r-�r�c5 , �,�8,►`d, P9/� Z — 35 Z4 0 N V)u� — -- i+ rmwu�e Y' /�1�� P�nPn CvlouWi'om5 df Arm, = /0l797 SF �C5 r -o - LA) =/ 4 g s F bY'aiAage Ateo% = /7i -?3? s = 0,407 40-1 - GciNd �ovcv- C�i lo I « 4)'ao 5 �_mo-e>ry ivu5 4v -fa) �uEAn(Af PMA5e IcAc4nje ZjZ70 7�,n 33 Lrivc wa i5 11 d 34 )12 3 I POO ( �C K /�(Ai-,"a5 )) 5 0 I /14/+7 All -S I (A ed- wu1i 5, 0 C, 235 24.0 (3 6, cl '�0� Opro 4�re4 7 S 3/1 070J Curvr /vuw hfr 2713 Ilyne o-( _ ,ons 115 j,4 5 m 1, Vl v1= D►z4 (drw5c 3rg5s) L = 3 5/S S = (4►Z - 3, 5/3S,5 ) 3 8CHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING TEL 772 / 770-9622 www.sbsengineers.com FAx 772 / 770-9496 1717 INDIAN RIVER BLVD., SUITE 201 EMAIL info@sbsengineers.com VERO BEACH, FLORIDA 32960 JOB SHEET NO. OF CALCULATED BY DATE CHECKED BY SCALE �a recd �� TYe - 55� vi✓�u�► f��aiYo,lo�y -�►� Sr�4/� Gt�rrE1c1r shed 5 Gh�l a �ti� -So l s ryv ✓-f by 1�"►Y1 � N9/ h CPV'S � '�� F �U�t✓►'�-)� I �'e+cy►�10l1 q-�{-fV' rq oo;� ) C5ws i ht9'r e, ocdcu l cord as , V713 —1 = //9-S �� �aucv' o �P� G✓'eu Vol uv� e =(//,is "Ilz (//)/F7 S = 1352 cF 0,4cAjA ) I oveY i ✓h�ItVViuu S q�eU ir► �I�u�JvSPC� 5wu(e5 yQe u i rc� ' va (4me = (1 "�Iz� �55I sl�� = S 4� C/= C jai uo l w M I _ (z,-7 'r -/F+) (?-5S e -F) 6 <2q c r - See 14cU e4 Aod ye- f 6 Cvvc. ry Anu l y51. -(o Y- d Yu �dacvh 5 wa le rc e v ve-v-y Nutting e Engineers of Florida Inc. I Established 1967 Your Project is Our Commitment 1310 Neptune Drive Boynton Beach, Florida 33425 561-736-4900 Toll Free: 877 -NUTTING (658-84641 Fax: 561-737-9975 Broward 954 941-8700 St. Lucie 772-408-1050 Miami -Dade 345 557-3083 svww.r<tre:iragen�irr es rs.<_>:;, r June 13, 2012 ° Mr. Tom Stanley L ;3 29 NE 4th Avenue Delray Beach; Florida 33483 i~ Subject: Report of Exfiltration Test c Stanley Residence `l 3524 Oleander Way 0 Gulfstream, Florida Y t,1 Dear Mr. Stanley: s. ,a Nutting Engineers of Florida, Inc. has performed two exfiltration tests and two infiltration tests for the proposed drainage improvements at the above referenced location. This report presents a brief " description of the field procedures, and the results of the exfiltration tests and infiltration tests, t va 4s E..... Two exfiltration tests were performed to a depth of six feet below existing grade in accordance with South Florida Water Management District (SFWMD) criteria for 'Usual Open -Hole' conditions. Prior r, to starting each test, a 6 -inch diameter hole was augered to the test depth to determine the depth to L groundwater and to examine subgrade soils. After establishing the above parameters, the hole was stabilized by a full-length perforated PVC pipe in accordance with South Florida Water Management "' District specifications. Water was then pumped into the hole maintaining a constant water level at the ground surface. The stabilized flow rates were recorded in one minute intervals for a total of 10 minutes. The exfiltration tests revealed the hydraulic conductivity ('K' -value) of the soils ranged from 4-86 x 10-5 to 7.66 x 10-5 cubic feet per second per square foot per foot of head. Soil descriptions and flow rates for the tests are shown on the attached exfiltration summary sheet. We note that the water table was encountered at a depth of approximately 3.5 feet below the existing ground surface. Along with the exfiltration tests our office was requested to perform two Double Ring Infiltration Tests (ASTM D-3385-88). Discussions with Mr. Bill Stoddard, P.E., the project civil engineer, indicated that the retention pond bottom would be located approximately existing grades; therefore the tests r areas were performed within the upper one foot of the soil profile. The tests were performed for a v period of three hours until steady-state was achieved. G 2.� c.J 0 F F I C E 5 Palm Beach Miami -Dade St Lucie 1 The results of the Double Ring Infiltrometer Test reveals that within the upper one foot below the ground surface a steady state unsaturated vertical infiltration rate (K,„) of 8.17 inches per hour (16.34 ft/day) was attained at test location 1 and a steady state unsaturated vertical infiltration rate (K,,,,) of 20.42 inches per hour (40.84 ft/day) was attained at test location 1. Detailed flow rates and soil descriptions are presented in the appendix. We note that these values pertain to the depth location at which the exfiltration tests and double ring infiltrometer tests were performed. We also note that the hydraulic conductivity values may vary along the banks of the retention pond where differing soils may be present. The project civil engineer should use appropriate factors of safety during design to account for the noted site conditions. We appreciate the opportunity to provide these services for you. Should you have any questions, or if we can be of further assistance, please feel free to contact us. Respectfully Submitted: NUTTING E GIPVE OF FIL RID,4,1 Cori; p r E. Gw :.k, P.E. #69947 Senior fingineer 1-647.: Tom Stanlev infil and e:rP.l Itr Nutting Engineers of Florida Inc.. Established 1967 I c LL 7 7 \ U- C ( ( p>—e B = o @ a # a & « 7 k 7 Le) 0 .. Geotechnical & Construction Materials Eng>neering, Testing: K Inspection �n Environmental Services EngineersOffices throughout the state of Florida of Florda IInc.I Established 1962 vr�vw,nuttingengireers corn infolDnuttingengineers com Your Project is Our Commit+nea t DOUBLE RING INFILTROMETER TEST - ASTM D3385 CLIENT: Tom Stanley TEST NO.: 1 TEST DATE: 6i 1212012 WEATHER: Sunny 86 Deg F PROJECT: Stanley Residence DRILLER_ D Tyson 3524 Oleander Way, Gulf Strearn, Florida SOIL DESCRIPTION: 0 1' Dark Gray Quartz Fine SAND, Slight Trace Organics NOTE: TEST PERFORMED AT 6 INCHES BELOW EXISTING GRADE. GROUNDWATER DEPTH: 3 5 feet USING 12" & 24" DIAMETER RINGS AREA: INNER RING: 113.1 IN` (729.7 C(t1'�) ANNULAR RING: 339.3 IN2 (2189.2 CNII) Testing was performed according to proceudres specified in ASTIti1 D3385-09. Liquid used consisted of water with an approxiiTiate pH of 7.0. As ASTIR procedure recoil! rnerids, data frorn inner ring was ii=;ed to determine infiltration rate ELAPSED QUANTITY RATE QUANTITY RATE TIME OF WATER INNER OF WATER ANNULAR (HR) INNER(in') (IN,HR) ANNULAR(irl') (INIH R) 025 231 8.17 520 6.13 00.5 231 8.17 520 6.13 0.75 231 8.17 520 6.13 1 231 8.17 520 6.13 1.5 462 8.17 520 3.07 2 462 8.17 520 3.07 3 924 8.17 1040 3.07 STEADY STATE INFILTRATION RATE - _ 8.17 INCH/HOUR Inner Ring infiltration Rate 2o.00 16,00 14.00 12.00 10.00 to 8.00 fi:0p i °2.00 u` 0.00 Elapsed Time (hr) 'f v A— As noted In Sec. 11 t Precision and Bias of ASTL-1 D3385 09 the recorded infiltration rate should be considered on.r as an irdox Christopher E. Gworek, P.E. #69947 INFIL TOM STANLEY TEST 1 CEG Senior Geotechnical Engineer 1310 Neptune Drive .µ Boynton Beach, Florida 33426 (561) 736-4900 Fax (561) 737-9975 Broward (954) 941-8700 0 Port St. Lucie: (772) 408 1050 Miami Dade (305) 824-0060 r Geotechnical & Cnnsinsriion Materials ��� Enoneering,Testing & lnspeciion Envirorimental Services EngineersOffices throughout the state of Flor.da otFlorida mc.I stabl:shed 196i MWW.,i ill 1nge lglneers.com info r—L)r.uttingengineers.com Your Projeet ft Our [ommlrmrn r DOUBLE RING INFILTROMETER TEST - ASTM D3385 CLIENT: Tom Stanley TEST NO.: 2 TEST DATE: 6!12/2012 WEATHER: Sunny 88 Deg F PROJECT-. Stanley Residence DRILLER: D Tyson 3524 Oleander Way, Gulf Stream, Florida SOIL DESCRIPTION. 0-1' Dark Gray Quartz Fine SAND. Slight Trace Organics NOTE: TEST PERFORMED AT 6 INCHES BELOW EXISTING GRADE. GROUNDWATER DEPTH: 3.5 feet USING 12" & 24" DIAIv1ETER RINGS AREA: INNER RING' 113.1 IN` (729 7 CM ) ANNULAR RING: 339.3 iW (2189.2 CM`) Testing was performed according to proceudres specified in A3TK1 D3385-09. Liquid used consisted of water with an approximate pH of 7 0. As ASTM procedure recommends, data from inner ring VJ@S Used to determine infiltration rate. ELAPSED QUANTITY RATE QUANTITY RATE TIME OF WATER INNER OF WATER ANNULAR (HR) INNER(in") (IN/HR) ANNULAR(tn`) (IN/HR) 0.25 578 20,42 1271 14.98 0.5 578 20,42 1271 14.98 0.75 578 20.42 1271 14.98 1 578 20.42 1271 14.98 1.5 1155 20.42 2310 13.62 2 1155 20.42 2310 13.62 3 2310 20.42 4620 1362 STEADY STATE INFILTRATION RATE = 2D.42 INCHIHOUR* Inner Ring Infiltration Rate 22 00 _._._.._. 21 00 20.00 19.00 - --Se-esi i4 1t},00 3 ? 7.00 o i6A0 t 15.00 0 i 2 3 Elapsed Time (hr) As noted in Sec. 11.1 Precision and Bias of .AS t N1 D3385-09 the recorded infil'ra:ion rate should he considered only as an index INFIL TON", STANLEY TES"2 CEG J Christopher E. Gworek, P.E. #69947 Senior Geotechnical Engineer 1310 Neptune Chive ,w: Boynton Beach, Florida 33426c,(561)736-4900 Fax(561)737-9975 Broward (954) 941-8700 0 Port St. Lucie (772) 408-1050 1? Miami Dade (305) 824-0060 NUUing is. E g1,131er of Florida Inc.Establivied 1967 Your Project is Our Commitment Client: Project: Location: Test: Surface Elevation Geotechnical & Construction Materials Engineerin, ' es:ing, & Inspection Privironmemal Services Offices throughout the state of Florida www nuttingengineers.corn inroPnuttingengineers.com Report of Exfiltration Test Tom Stanley Order No Stanley Residence _ _R _ Report No 3524 Oleander Wa,Gulfstream, Florida Date.- Usual ate:Usual Open Hole Exfiltration Test Water table from ground Approx. Q Road Crown surface: Casing Diameter: 6" Tube Depth: 6' EXFIL NO. 1 Sample Location: Approx. 25'W, and 10' N. of SEpropertyy corner �_�._._....,. Material 04' 4"-2- 2'-4' 4'-6' K = 4.86 x 10-5 cfs/ftzft.head Dk. gray quartz fine sandy TOPSOIL Brown medium to coarse grain beach SAND Brown fibrous PEAT Dk. gray quartz fine SAND and root fibers v 6"'JU U �. 16400.1 1- 6/11112 3 5' One Pump Rate Minute in Gal/Min Increme 3 5 0.5 _ 6 _ 0.5 7 8 0.6 0.5 0.5 10 0.5 1310 NEPTUNE DRIVE , BOYNTON BEACH, F1.ORlDA, 33426 •561-736-4900 • FAX 561-737-9975 Treasure Coast 772-408-1050 Brow;ird 954-941-8700 Miami Dade 305-$24-0066 Geotechnical & Construclion Materials Nulling Engineering, Testing, & Inspection Engineering Services 'Enr Offices throughout the state of Florida of Floiida Inc.I Established 196 www.nuttingengineers.com intoC@nL;ttingenjneers.com Your Project is Our Commitment Report of Exfiltration Test Client: Tom Stanle�r __._._ _..._..-_._._.�_.. Order No 16400.1 _. . . Project: Stanlel Residence Report No _ 2 Location: 3524 Oleander Wa Gulfstream, Florida Date: 6/11112 Test: Usual Open Hole Exfiltrati_on Test Surface _ _ Water table from ground Elevation: Approx. itu Road Crown _ surface: 3.5' Casing Diameter: 6" Tube Depth: 6' EXFIL No. 2 Sample Location: Approx. OLS, 10' E. of NW ar pe'ty corner Material: 0-1` T-1.5' 1.5'-3' 3'-6' K = 7.66 x 10-s cfs/ft�ft.head Dk. gray quartz fine sandy TOPSOIL Brown quartz medium silty SAND Dk. brown fibrous PEAT Dk. gray quartz fine SAND and root fibers Wci One pump Rate Minute in Gal/Min Increme O 1 5 1 0.8 1310 NEPTUNE DRIVE - BOVNTON BEACH, FLORIDA 33426 -561-736-4900 - FAX 561-737-9975 Treasure Coast 772-408-1050 Brovvard 954-941-8700 Miami rade 305-824.0060 I: 1310 NEPTUNE DRIVE - BOVNTON BEACH, FLORIDA 33426 -561-736-4900 - FAX 561-737-9975 Treasure Coast 772-408-1050 Brovvard 954-941-8700 Miami rade 305-824.0060 LIMI'E':S.`['IONS OF LI. -k.81,114 WARRANTY We warranty that the services performed by Nutting Engineers of Florida, Inc. are conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession in uur area currently practicing under similar conditions at the time our services were performed. No other warranties, expressed or implied, are made. Whife the services of Nutting Engineers of Florida, Inc. are a valuable and integral part of the design and construction learns, we do not warrant, guarantee or insure the quality, completeness; or satisfactory performance of designs, construction plans, specifications we have not prepared, nor the ultimate performance of building site materials or asserfi3l y/construction. SUBSURFACE EXPLORATION Subsurface exploration is nurrnally accomplishod by test borings; test pits are sometimes employed. The method of determining the boring location and the surface elevation at the boring is rotod in the report. This information is represented in the soil boring logs andlor a d(awing. The location and elevation of the borings should be considered acmrafe only to the degree inherent with the method used and may be approximate. The soil boring log includes sampling information, description of the materials recovered, approximate depths of boundaries between soil and rock strata as encountered and immediate depth to water data. The log represents conditions recorded specifically at the location where and when the boring was made. Site conditions may v9f%j through time as will suhsurfaci: conditions. l he boundaries between different soil strata as encountered are indicated at specific depths; however, those depths are in fact approximate and dependent upon the frequency of sampling, nature and consistency of the respective strata. Substantial variation between soil borings may commonly exist in subsurface conditions. Water level readings are made at the lime and under conditions stated on the boring logs. Water levels change with time, precipitation, canal level, local well drawdown and other factors. Water level data pmvided on soil bo ng logs shall not be relied upon for groundwater based design or construction considerations. LABORATORY AND FIELD TESTS Tests are performed in general accordance with specific ASTM Standards unless otherwise indicated. All criteria included in a given ASTM Standard are not always required and performed. Each test boring report indica_e.s the measurements and data developed at each specific test locaVon. 31ing neers Ydur?njzci �s f1;� Cnmmt;mr't :t TNAL.YSIS ;1ND REC:OMINIFNnATIONS The geotechnical report is prepared primari.y to aid in the design of site work and structural foundations. Although the information in the report is expected to be sufficient for these p:.rposes, it shall not be utilizod to determine the Cost of crnsfruction nor to stand alone as a constructior) specification. Contractors shall verify subsurface conditions as may be appropriate prior to undertaking subsurface work. Report recommendations are based primarily on data from test borings made at he locations shown on tae test boring reports. Soil variations ccmnmor,ly exist between boring locations. Such variations may nct become evident un'il construction. Test pits sometimes provide valuable supplemental information that derived from soil borings. If variations are then noted, the geotechnical engineer shall be contacted in writing immediately so that field conditions can be examined and recommendations revised if necessary The geotechnical report states our understanding as to the location, dimensions and structural features proposed for the site. Any significant changes of the site improvements or site conditions must be communicated in writing to the geotechnical engineer immediately so that the geotechnical analysis, conclusions, and recommendations can be reviewed and appropriately adjusted as necessary. CONSTRUCTION OUSLRVATION Constructiori observation and testing is an important element of geotechnical services. The geotechnical engineer's field representative (G.E.F.R.) is the `owner's representative" observing the work of the contractor, porform.ing tests and reporting data from such tests and observations. Tire geotechnical engineer's field representative does not direct the contractor`s construction means, methods, operations or personnel. The G.E.F.R does not interfere with the relatiorsh'p between the owner and the contractor and, except as an observer, does not become a substitute owner on site. the G.E.F.R, is responsible for his/hrr safety, but has no responsibility for the safety of other personnel at the site. The G.E.F.R. is an important member of a team whose responsibility is to observe and test [tie work being done and report to the owner whether that work is being carried out in general conformance with time plans and specifications. The enclosed report may be relied upon solely by the named client. G SOIL AND ROCK CL.ASS1FicA'nON CRITERIA SAINUSILT CI.AY"S1 LTY CLAY .N -VALUE RELATIVE N-VAIXE UNCONFINED COMP. DEISSTTY STRENGTH (tsf) CONSISTENCY .. .. ......... -Y Lmm 4 %lei c e2 0,25 v Soft 5-10 2 4 0.25-0.50 Sa: 11 29 0 5) - I or) Medium 7 .. ..... .. . .. . ..... ... ... . . ........... . .10-49 I Deuc 9 15 1.00 2.0171 Soft Very ctnse 16- 31) 2.00 - 4.00 Stili 00, R t. i a1 Hard RUCK V -VAI UE RELATIVE HARDNESS ROCK CHARACTERISTICS !--N> 101' Haffl -D v. hal td Local rack rcrittafilons vary in !ta-.dness frum soft to very hard rithin 3hollerti- 2.1!; N <I GO hard to hard Cal ,I -,.d holizont'll distances and after, contain vertical solution holes of 3 to 36 --y:iig de-pil-is and horzowal scUion thrires. Rock may be Ss N 5 Soft To inedium'.w.3 b; nit io spl*'.t spoo impact, bat more resi5iant to excavation. L. ..... .. PARTICLE S17E DESCRIPTION MODIFIERS . .Boulder >12 in. 0 JO/Z Slight l'act: Cobb],.- 1 to I! in 6 - 10% Traco Grave[ :1.76 invii to i in. I i :0,1- Little salid 0.074 rim io 4,76 win 11 351, Some Silt 0.01`15 rim to 0.074 mi-ri >331", And Clay U.005 nim Group Major Divisions Symbols Typical names Laboratory classffiral:on criteria -W W.11 Q-d�d 9-61 (D 11 C', -Pngreater1lrm4.C,- berlwtnlzuid3�, rwwrm �.vi, w P- lir-, D, D,%D,0 . . .. . ....... 7. Z d r,— Title o, re N.: -ilhq gmdc, 1w req.4mMongs 40, GW -6, Silly w -k a _-kc- t n u AJJ.rh"G.,-, b.1- "A' cry lime ., P r1m. 4 Ae- 'A" ll,e .ri,h F L . bl— 4 .1d 7 .1. hcrdra jL T. G.l.yC. V 7 A a.k,k D (DJ! e! 415.! 5w 'e - I'll. r {;,b, C� gre3:eT dian 6; C, befiveEn t and 5 D ,vD,4 u 0 a17 P-11 r SP 6.s -2 A., -linq .11 $W —d -,O .W, lkli's b,ln- "JV' 'Ph Ni. b.i-n .1 and 7 rnn -a It, <r r 1. 1�" t., d -WHH4 Asa Arts b.w lktal. i-, A "I i;h P.J. M.'. MW 7 dolls Mutt Eng Reers AL d: CL g, 7 ,Jy. A 3 01. Otg— 11,. and.,g.,k Vly cloys of k- 1,xiz^, n -din -- Mit is .......... CH a- tith f& eat 7.0 Jil; VJ "a U 110 pics'le!Y, nag":c PT P-1 —1 A— 1.1VU7 aysr is W. 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Effective Storage Coefficient of Soil for Unsaturated Analysis Unsaturated Vertical Hydraulic Conductivity Factor of Safety Saturated Horizontal Hydraulic Conductivity Avg. Effective Storage Coefficient of Soil for Saturated Analysis Avg. Effective Storage Coefficient of Pond/ Exfi ltration Trench Hydraulic Control Features: Groundwater Control Features - Y/N Distance to Edge of Pond Elevation of Water Level Impervious Barrier - Y/N Elevation of Barrier Bottom Analysis Date: 6/19/2012 0.00 ftz 190.00 ft3 11.90 -0.50 ft 2.00 ft 3.30 ft 3.30 ft 3.80 ft 0.15 16.34 ft/d 2.00 10.88 ft/d 0.20 1.00 Top Bottom Left Right N N N N 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N N N N 0.00 0.00 0.00 0.00 MODRET TIME - RUNOFF INPUT DATA PROJECT NAME: SOUTHEAST SWALE STRESS PERIOD NUMBER INCREMENT OF TIME (hrs) VOLUME OF RUNOFF (ft3) Unsat 0.57 0.00 1 1.00 190.00 2 1.81 0.00 3 1.81 0.00 4 1.81 0.00 5 1.81 0.00 6 1.81 0.00 7 1.81 0.00 8 1.81 0.00 9 1.81 0.00 10 1.81 0.00 11 1.81 0.00 12 1.81 0.00 13 1.81 0.00 14 1.81 0.00 15 1.81 0.00 16 1.81 0.00 17 1.81 0.00 18 1.81 0.00 19 1.81 0.00 20 1.81 0.00 21 1.81 0.00 22 1.81 0.00 23 1.81 0.00 24 1.81 0.00 25 1.81 0.00 26 1.81 0.00 27 1.81 0.00 Analysis Date: 6/19/2012 28 1.81 0.00 1. 29 1 1.81 1 0.00 MODRET SUMMARY OF RESULTS PROJECT NAME : SOUTHEAST SWALE CUMULATIVE TIME (hrs) WATER ELEVATION (feet) INSTANTANEOUS INFILTRATION RATE (cfs) AVERAGE INFILTRATION RATE (ds) CUMULATIVE OVERFLOW (ft3) 00.00-0.00 2.000 0.000 0.00000 0.00 2.000 0.02024 0.01734 1.57 3.542 0.01445 0.00 0.01113 3.38 3.351 0.00902 0.00 0.00691 4.16 3.300 0.00599 0.00 0.00507 6.99 3.146 0.00455 0.00 0.00402 8.80 3.077 0.00368 0.00 0.00333 10.60 3.020 0.00309 0.00 0.00284 12.41 2.972 0.00266 0.00 0.00247 14.21 2.929 0.00233 0.00 0.00219 16.02 2.892 0.00207 0.00 0.00196 17.83 2.859 0.00186 0.00 0.00177 19.63 2.828 0.00169 0.00 0.00161 21.44 2.801 0.00154 0.00 0.00148 23.24 2.775 0.00142 0.00 Analysis Date: 6/19/2012 MODRET SUMMARY OF RESULTS PROJECT NAME : SOUTHEAST SWALE CUMULATIVE TIME (hrs) WATER ELEVATION (feet) INSTANTANEOUS INFILTRATION RATE (cfs) AVERAGE INFILTRATION RATE (ds) CUMULATIVE OVERFLOW (ft3) 0.00136 25.05 2.752 0.00131 0.00 0.00126 26.85 2.731 0.00122 0.00 0.00118 28.66 2.710 0.00114 0.00 0.00110 30.47 2.692 0.00106 0.00 0.00103 32.27 2.674 0.00100 0.00 0.00097 34.08 2.658 0.00094 0.00 0.00091 35.88 2.642 0.00088 0.00 0.00086 37.69 2.627 0.00084 0.00 0.00081 39.50 2.613 0.00079 0.00 0.00077 41.30 2.600 0.00075 0.00 0.00073 43.11 2.588 0.00072 0.00 0.00070 44.91 2.576 0.00068 0.00 0.00067 46.72 2.564 0.00065 0.00 0.00064 48.52 2.553 0.00062 0.00 Analysis Date: 6/19/2012 MODRET SUMMARY OF RESULTS PROJECT NAME: SOUTHEAST SWALE CUMULATIVE TIME (hrs) WATER ELEVATION (feet) INSTANTANEOUS INFILTRATION RATE (cfs) AVERAGE INFILTRATION RATE (ds) CUMULATIVE OVERFLOW (ft3) 0.00061 50.33 2.543 0.00060 0.00 0.00058 52.14 2.533 0.00057 0.00 0.00056 53.94 2.523 0.00055 0.00 0.00054 55.75 2.514 0.00053 0.00 0.00052 57.55 2.505 0.00051 0.00 0.00050 59.36 2.497 0.00049 0.00 0.00048 61.17 2.489 0.00047 0.00 0.00046 62.97 2.481 0.00045 0.00 0.00045 64.78 2.473 0.00044 0.00 0.00043 66.58 2.466 0.00042 0.00 0.00042 68.39 2.459 0.00041 0.00 0.00040 70.19 2.452 0.00040 0.00 0.00039 72.00 2.445 0.00 Maximum Water Elevation: 3.542 feet @ 1.57 hours Recovery @ 4.160 hours * Time increment when there is no runoff Maximum Infiltration Rate: 3.943 ft/day Analysis Date: 6/19/2012 MODRET SUMMARY OF UNSATURATED & SATURATED INPUT PARAMETERS PROJECT NAME: NORTHEAST SWALE POLLUTION VOLUME RUNOFF DATA USED UNSATURATED ANALYSIS INCLUDED Pond Bottom Area Pond Volume between Bottom & DHWL Pond Length to Width Ratio (L/W) Elevation of Effective Aquifer Base Elevation of Seasonal High Groundwater Table Elevation of Starting Water Level Elevation of Pond Bottom Design High Water Level Elevation Avg. Effective Storage Coefficient of Soil for Unsaturated Analysis Unsaturated Vertical Hydraulic Conductivity Factor of Safety Saturated Horizontal Hydraulic Conductivity Avg. Effective Storage Coefficient of Soil for Saturated Analysis Avg. Effective Storage Coefficient of Pond/ Exfi ltration Trench Hydraulic Control Features: Groundwater Control Features - Y/N Distance to Edge of Pond Elevation of Water Level Impervious Barrier - Y/N Elevation of Barrier Bottom Analysis Date: 6/19/2012 0.00 ftz 350.00 ft3 21.90 -0.50 ft 2.00 ft 3.30 ft 3.30 ft 3.80 ft 0.15 40.80 ft/d 2.00 27.20 ft/d 0.20 1.00 Top Bottom Left Right N N N N 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N N N N 0.00 0.00 0.00 0.00 MODRET TIME - RUNOFF INPUT DATA PROJECT NAME: NORTHEAST SWALE STRESS PERIOD NUMBER INCREMENT OF TIME (hrs) VOLUME OF RUNOFF (ft3) Unsat 0.23 0.00 1 1.00 350.00 2 1.81 0.00 3 1.81 0.00 4 1.81 0.00 5 1.81 0.00 6 1.81 0.00 7 1.81 0.00 8 1.81 0.00 9 1.81 0.00 10 1.81 0.00 11 1.81 0.00 12 1.81 0.00 13 1.81 0.00 14 1.81 0.00 15 1.81 0.00 16 1.81 0.00 17 1.81 0.00 18 1.81 0.00 19 1.81 0.00 20 1.81 0.00 21 1.81 0.00 22 1.81 0.00 23 1.81 0.00 24 1.81 0.00 25 1.81 0.00 26 1.81 0.00 27 1.81 0.00 Analysis Date: 6/19/2012 2g 1.81 0.00 29 1 1.81 1 0.00 f A � MODRET SUMMARY OF RESULTS PROJECT NAME: NORTH SWALE CUMULATIVE TIME (hrs) WATER INSTANTANEOUS ELEVATION INFILTRATION (feet) RATE (cfs) AVERAGE INFILTRATION RATE (cfs) CUMULATIVE OVERFLOW (ft3) 00.00-0.00 2.000 0.000 0.00000 0.00 2.000 0.07581 0.06133 1.23 3.412 0.04684 0.00 0.02546 2.09 3.300 0.02004 0.00 0.01462 4.86 3.038 0.01239 0.00 0.01015 6.67 2.943 0.00893 0.00 0.00771 8.49 2.872 0.00694 0.00 0.00617 10.30 2.814 0.00565 0.00 0.00512 12.12 2.766 0.00474 0.00 0.00435 13.93 2.726 0.00406 0.00 0.00377 15.75 2.690 0.00354 0.00 0.00331 17.56 2.659 0.00313 0.00 0.00294 19.38 2.632 0.00279 0.00 0.00264 21.19 2.607 0.00251 0.00 0.00239 23.00 2.585 0.00228 0.00 Analysis Date: 6/19/2012 MODRET SUMMARY OF RESULTS PROJECT NAME: NORTH SWALE CUMULATIVE TIME (hrs) WATER ELEVATION (feet) INSTANTANEOUS INFILTRATION RATE (cfs) AVERAGE CUMULATIVE INFILTRATION OVERFLOW RATE (ds) (ft3) 0.00218 24.82 2.565 0.00209 0.00 0.00200 26.63 2.546 0.00192 0.00 0.00184 28.45 2.529 0.00177 0.00 0.00171 30.26 2.513 0.00165 0.00 0.00159 32.08 2.498 0.00153 0.00 0.00148 33.89 2.484 0.00143 0.00 0.00139 35.71 2.471 0.00134 0.00 0.00130 37.52 2.459 0.00126 0.00 0.00122 39.34 2.448 0.00118 0.00 0.00115 41.15 2.437 0.00112 0.00 0.00109 42.97 2.427 0.00106 0.00 0.00103 44.78 2.417 0.00100 0.00 0.00098 46.60 2.408 0.00095 0.00 0.00093 48.41 2.400 0.00091 0.00 Analysis Date: 6/19/2012 MODRET SUMMARY OF RESULTS PROJECT NAME: NORTH SWALE L1 CUMULATIVE WATER TIME ELEVATION (hrs) (feet) INSTANTANEOUS INFILTRATION RATE (cfs) AVERAGE INFILTRATION RATE (cfs) CUMULATIVE OVERFLOW (ft3) 0.00088 50.22 2.391 0.00086 0.00 0.00084 52.04 2.384 0.00082 0.00 0.00080 53.85 2.376 0.00079 0.00 0.00077 55.67 2.369 0.00075 0.00 0.00074 57.48 2.362 0.00072 0.00 0.00071 59.30 2.355 0.00069 0.00 0.00068 61.11 2.349 0.00066 0.00 0.00065 62.93 2.343 0.00064 0.00 0.00062 64.74 2.337 0.00061 0.00 0.00060 66.56 2.332 0.00059 0.00 0.00058 68.37 2.326 0.00057 0.00 0.00056 70.19 2.321 0.00055 0.00 0.00054 72.00 2.316 0.00 Maximum Water Elevation: 3.412 feet @ 1.23 hours Recovery @ 2.087 hours * Time increment when there is no runoff Maximum Infiltration Rate: 7.569 ft/day Analysis Date: 6/19/2012 MODRET SUMMARY OF UNSATURATED & SATURATED INPUT PARAMETERS PROJECT NAME: NORTH SWALE POLLUTION VOLUME RUNOFF DATA USED UNSATURATED ANALYSIS INCLUDED Pond Bottom Area Pond Volume between Bottom & DHWL Pond Length to Width Ratio (L/W) Elevation of Effective Aquifer Base Elevation of Seasonal High Groundwater Table Elevation of Starting Water Level Elevation of Pond Bottom Design High Water Level Elevation Avg. Effective Storage Coefficient of Soil for Unsaturated Analysis Unsaturated Vertical Hydraulic Conductivity Factor of Safety Saturated Horizontal Hydraulic Conductivity Avg. Effective Storage Coefficient of Soil for Saturated Analysis Avg. Effective Storage Coefficient of Pond/ Exfi ltration Trench Hydraulic Control Features: Groundwater Control Features - Y/N Distance to Edge of Pond Elevation of Water Level Impervious Barrier - Y/N Elevation of Barrier Bottom Analysis Date: 6/19/2012 0.00 ftz 830.00 ft3 30.00 -0.50 ft 2.00 ft 4.30 ft 4.30 ft 5.30 ft 0.15 40.80 ft/d 2.00 27.20 ft/d 0.20 1.00 Top Bottom Left Right N N N N 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N N N N 0.00 0.00 0.00 0.00 Analysis Date: 6/19/2C MODRET TIME - RUNOFF INPUT DATA PROJECT NAME: NORTH SWALE MODRET SUMMARY OF RESULTS PROJECT NAME: NORTH SWALE CUMULATIVE TIME (hrs) WATER INSTANTANEOUS ELEVATION INFILTRATION (feet) RATE (ds) AVERAGE INFILTRATION RATE (ds) CUMULATIVE OVERFLOW (ft3) 00.00-0.00 2.000 0.000 0.00000 0.00 2.000 0.16639 0.13335 1.41 4.487 0.10031 0.00 0.05778 2.15 4.300 0.04481 0.00 0.03184 5.03 3.783 0.02669 0.00 0.02153 6.84 3.614 0.01879 0.00 0.01606 8.65 3.488 0.01438 0.00 0.01269 10.46 3.388 0.01155 0.00 0.01041 12.27 3.307 0.00959 0.00 0.00877 14.08 3.238 0.00816 0.00 0.00755 15.89 3.179 0.00707 0.00 0.00660 17.70 3.127 0.00622 0.00 0.00584 19.51 3.081 0.00554 0.00 0.00523 21.32 3.040 0.00498 0.00 0.00473 23.13 3.003 0.00452 0.00 Analysis Date: 6/19/2012 MODRET SUMMARY OF RESULTS PROJECT NAME: NORTH SWALE CUMULATIVE TIME (hrs) WATER INSTANTANEOUS ELEVATION INFILTRATION (feet) RATE (cfs) AVERAGE INFILTRATION RATE (cfs) CUMULATIVE OVERFLOW (ft3) 0.00431 24.94 2.969 0.00413 0.00 0.00394 26.75 2.938 0.00379 0.00 0.00363 28.56 2.909 0.00350 0.00 0.00336 30.37 2.883 0.00324 0.00 0.00312 32.18 2.859 0.00301 0.00 0.00291 33.99 2.836 0.00281 0.00 0.00272 35.80 2.814 0.00263 0.00 0.00255 37.61 2.794 0.00247 0.00 0.00239 39.42 2.776 0.00232 0.00 0.00225 41.23 2.758 0.00219 0.00 0.00212 43.04 2.741 0.00207 0.00 0.00201 44.85 2.726 0.00196 0.00 0.00190 46.66 2.711 0.00186 0.00 0.00181 48.47 2.696 0.00177 0.00 Analysis Date: 6/19/2012 MODRET SUMMARY OF RESULTS PROJECT NAME: NORTH SWALE CUMULATIVE TIME (hrs) WATER INSTANTANEOUS ELEVATION INFILTRATION (feet) RATE (cfs) AVERAGE INFILTRATION RATE (cfs) CUMULATIVE OVERFLOW (ft3) 0.00172 50.28 2.683 0.00168 0.00 0.00164 52.09 2.670 0.00160 0.00 0.00157 53.90 2.658 0.00153 0.00 0.00150 55.71 2.646 0.00146 0.00 0.00143 57.52 2.635 0.00140 0.00 0.00137 59.33 2.624 0.00135 0.00 0.00132 61.14 2.614 0.00129 0.00 0.00127 62.95 2.604 0.00124 0.00 0.00122 64.76 2.594 0.00120 0.00 0.00117 66.57 2.585 0.00115 0.00 0.00113 68.38 2.576 0.00111 0.00 0.00109 70.19 2.567 0.00107 0.00 0.00105 72.00 2.559 0.00 Maximum Water Elevation: 4.487 feet @ 1.41 hours Recovery @ 2.151 hours * Time increment when there is no runoff Maximum Infiltration Rate: 13.882 ft/day Analysis Date: 6/19/2012 1 Town of Gulf Stream APPLICATION FOR Substantial Improvement REVIEW Tax Appraisers Folio #: 20-43-46-03-06-000-0570 Property Address: 3524 Oleander Way City and Zip Code: Gulf Stream, FL 33438 Owner's Name: Thomas Stanley Co -Owner's Name: Kirsten Stanley Owner's Mailing Address: 3524 Oleander Way, Gulf Stream, FL 33483 Owner Phone #: (561)262-4111 FIRM Panel: ��� j ! Flood Zone: BFE: Lowest Floor Elevation: I am attaching an appraisal report of my property, or I am not submitting an appraisal report of my property I accept Gulf Stream Estimated Market Value, or I accept Gulf Stream Estimated Replacement Cost Initials / , Initials Initials Initials I accept the attached estimated cost of construction as a fair and total cost of the improvements proposed for my home. Initials -s SIGNATURES: Owner: Dat Co -Owner: Dat JUL o 9 2W Town of Gulf Stream, FL_ Substantial Improvement ITEMS To BE INCL UDED All strzrctural e1 emen is including: Spread or continuous foundat_on footings and pi_;nas Monolithic or other types of concrete slabs Bearing walls, tie beams and trusses Wood or reinforced concrete decking or roofing doors and ceilings Attached decks and porches Interior partition walls Exterior wall finishes (eg. brick, stucco, or siding) includi_^_c painting and decorative moldings Windows and doors Reshingling or retilina a roof Hardware All interior finish e3ements, including: Tiling, linoleum, stone, or carpet over subfloorina Bathroom tiling and fixtures Wall finishes, eg. drywal', painting, stucco, plaster, pare-=;na, marble, or other decorative finishes. Kischen, utility and bathroom cabinets Built-in bookcases, cabinets, and furniture Hardware All utility and service equipment, including: HVAC eauipment Repair or reconstruction of plumbing and Alectriz 1 services Light fixtures and ceiling fans security systems Built-in kitchen appliances Central vacuum systems Water f_'-tration, conditioning or rec_rcuiation systems Also: Gabor and other costs associated with removing or alter=na undaL--naged building ccmrcnents to accommodate 'mproverne::ts or additions - f r' Substantial improvement ITE'�I�IS TO BE' XCL UDF'D Plans and speci=ications Survey costs PerMit fens Coss to demolish storm -damaged bui Debris removal ldi=c co:nPone_^.cs Itsms not considered real properCy such: as: row ,uzs {C;_`^_--_ Over �in'.S}ISr1' �IOOrS) furniture, re__i,7ar=cOrs, SLJvS= not Oucside improvements, inc'_udina: Landscaping Sidewalks Fences Yard lights Swimming pools Screened pool enclosures Shads Gazebos De.aehnd st_sctures (including garages; Landscape {r =nation systerns CONTRACTOR COST OF IMPROVEMENTS AFFIDAVIT Folio #; 20-43-46-03-06-000-0570 Contractor Name: } Qtr u 455 h, Address: ,� . t.. License : CrGC_ 03 Property Address: 3524 Oleander Wav, Gulf Stream, FL 33483 Phone: \ ^ Z LZ-7_'1(,�_'� I hereby attest to the fact that I, or a member of my staff, personally inspected the above mentioned property and produced the attached itemized list of improvements which is hereby submitted for a Substantial Improvement Review, These improvements are all OF THE IMPROVEMENTS proposed for this structure. I understand that I am subject to enforcement and penalties and violation action and/or fines if the Inspection of the property reveals that I have made improvements NOT INCLUDED ON THE ATTACHER LIST OF IMPROVEMENTS to THIS STRUCTURE. I understand that any permit issued by Culf Stream pursuant to this affidavit does not authorize the reconstruction, repair or maintenance of any illegal additions, fences, sheds or non -conforming uses or structures on the subject property- . See Attached Itemized List V0/Z0 39Vd ONI S31VI30SSV mno" 988E99ZT99 Z17:171 Zi0Zf80//_0 ESTIMATED COST OF IMPROVEMENT Folio #: 20-43-46,03.06-000-0570 Address: 3524 Ctleander Way, Gulf Stream, PL 33483 The CCst Estimates of Improvement must be prepared and signed by a licensed General Contractor ITEMS COST Materials Labor Official Use Concrete, Form, ETC Carpentry Material (rough) Carpentry Labor (rough)"' c.) Cr Roofing ocz Insulation & Weather Strip 1 Exterior Finish (stucco) Doors, Windows & Shutters =' Lumber Finish Carpenter Labor (finish) y^ Hardware (finish) Y a °" Hardware (rough)Cabinets (built-in)Floor covering (tile/rug) p Plumbing UbeQcf) Cr Shower/Tub/Toilet Electrical �1t Light Fixtures!�e Built-in Appliances] (�CnD HAVC Paint 3 C=am. c -� ,fi,�, 1 Total Contractor Name: Mi -i_&W s c�c� �� �C'�,,� CGC License #: C� C_ C - Address: phone #:(,,,— Signature: KJL ' Date: VO/60 39Gd SNI S31VI00SSV Allow 98BC99ZT95 Tb:bT ZTOZ/80/L0 Total Labor & Materials Overhead & Profit Total Cost STATE Or Florida COUNTY OF Palm Beach Affidavit Before me this day personally appeared RJAVd Mok Uj who, being duly sworn deposes and says that he has read, understands and agrees to comply with all of the aforementioned conditions Date: 1 2�- Contractor's Signature Sworn to and subscribed before me this � r day of QA.D., ?01 My commission expires: f a l 5— (votary Public State of Florida VO/VO 39Vd 0NI S31VI00SSV Allow 988CS93T99 TV:17T ZT07,180120 OWNER COST OF IMPROVEMENTS AFFIDAVIT Folio # 20-43-46-03-06-000-0570 Contractor Name: Owner Name: Thomas and Kirsten Stanley License # : Property Address: 3524 Oleander Way, Gulf Stream, FL 33483 Phone: (561) 262-4111 I hereby attest to the fact that the costs of improvements submitted for the Substantial Improvement Review by my contractor are ALL OF THE IMPROVEMENTS proposed for this structure. No other contractor will be making any improvements not included in the attached list. I understand that I am subject to enforcement action and/or fines if the inspection of the property reveals that I have made improvements NOT INCLUDED ON THE ATTACHED LIST OF IMPROVEMENTS to MY BUILDING. I understand that any permit issued by Gulf Stream pursuant to this affidavit does not authorize the reconstruction, repair or maintenance of any illegal additions, fences, sheds or non- conforming uses or structures on the subject property. STATE OF Florida COUNTY OF Palm Beach Before me this day personally appearedI who, being duly sworn deposes and says that he has read, understands and agrees to comply with II of the aforementioned conditions ature Owner Co -Owner Q /vl Sworn to and subscribed before me this ( day of - A. D., 2U:2 Utary Publi ate of Florida My commission expires: ; ti; � "r a4 : JOAN 0, SASSO PAY COMMISSION # EE 090219 EXPIRES: July 16, 2015 Bonded Thru Notary Public Underwriters U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 Federal Emergency Management Agency Expires March 31, 2012 National Flood Insurance Program Important: Read the instructions on pages 1-9. SECTION A - PROPERTY INFORMATION For Insurance Company Use: Al. Building Owner's Name Policy Number A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Company NAIC Number 3524 OLEANDER WAY City GULF STREAM State FL ZIP Code 33483 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) LOT 57, GULF STREAM PROPERTIES NO. 2 (PLAT BOOK 18, PAGE 42) A4. Building Use (e.g., Residential, Non -Residential, Addition, Accessory, etc.) RESIDENTIAL A5. Latitude/LongRude: Lat. 26029'52"N Long. 80003'16'W Horizontal Datum: ❑ NAD 1927 ® NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 1 A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) N/A sq ft a) Square footage of attached garage WA sq ft b) No. of permanent flood openings in the crawlspace or b) No. of permanent flood openings in the attached garage enclosure(s) within 1.0 foot above adjacent grade N/A within 1.0 foot above adjacent grade WA c) Total net area of flood openings in A8.b N/A sq in c) Total net area of flood openings in A9.b N/A sq in d) Engineered flood openings? ❑ Yes ® No d) Engineered flood openings? ❑ Yes ® No SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number B2. County Name B3. State TOWN OF GULF STREAM 125109 1 PALM BEACH I FLORIDA B11. B12. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9. ❑ FIS Profile ® FIRM ❑ Community Determined ❑ Other (Describe) Indicate elevation datum used for BFE in Item 139: ® NGVD 1929 ❑ NAVD 1988 ❑ Other (Describe) Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? Designation Date ❑ CBRS ❑ OPA AO, use base flood depth) 7 ❑ Yes ® No SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Cl. Building elevations are based on: ❑ Construction Drawings' ❑ Building Under Construction` ® Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations—Zones Ai -A30, AE, AH, A (with BFE), VE, V1 -V30, V (with BFE), AR, ARIA, ARAE, AR/Al-A30, AR/AH, AR/AO. Complete Items C2.a-h below according to the building diagram specified in Item AT Use the same datum as the BFE. Benchmark Utilized PALM BEACH COUNTY Vertical Datum 1929 Conversion/Comments WA Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 5.1 ® feet ❑ meters (Puerto Rico only) b) Top of the next higher floor 6.2 ® feet ❑ meters (Puerto Rico only) c) Bottom of the lowest horizontal structural member (V Zones only) N/A. ❑ feet ❑ meters (Puerto Rico only) d) Attached garage (top of slab) N/A. ❑ feet ❑ meters (Puerto Rico only) e) Lowest elevation of machinery or equipment servicing the building NA. ❑ feet ❑ meters (Puerto Rico only) (Describe type of equipment and location in Comments) 0 Lowest adjacent (finished) grade next to building (LAG) 4.0 ® feet ❑ meters (Puerto Rico only) g) Highest adjacent (finished) grade next to building (HAG) 4.7 ® feet ❑ meters (Puerto Rico only) h) Lowest adjacent grade at lowest elevation of deck or stairs, including N/A. ❑ feet ❑ meters (Puerto Rico only) structural support SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U -S. Code, Section 1001_ [DATE: 06/30/10 ❑ Check here if comments are provided on back of form_ Were latitude and longitude in Section A provided by a licensed land surveyor? ® Yes ❑ No Certifier's Name PAUL D. ENGLE License Number 5708 Title SURVEYOR & MAPPER Company Name O'BRIEN, SUITER O'BRIEN, INC. Address 955 N.W. 17TH AVENUE City DELRAY BEACH State FL ZIP Code 33445 FEMA Form 81-31, Mar 09 06/30/1 561 See reverse side for continuation. PAUL. D. ENGL SURVEYOR & PER #5108 Replaces all previous editions IMPORTANT: In theses Building Street Address (incli 3524 OLEANDER WA :es, copy the c_ .esponding information from Section A. IFor Insurance Company Use: Apt, Unit, Suite, and/or Bldg No.) or P.O. Route and Box No. Policy Number City GULF STREAM State FL ZIP Code 33483 1 Company NAIC Number SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2) insurance agent/company, and (3) building owner. Comments DETACHED GARAGE FLOOR ELEVATION IS +4.0 FEET WITH A LOWEST ADJACENT IS +3.8 FEET AND A HIGHEST ADJACENT GRADE OF +4.2 FEET. MAIN RESIDENCE HAS OPENINGS BELOW EXISTING FLOOR. OPENINGS APPEAR TO BE AIR VENTS AND NOT FLOOD OPENINGS. THE -S SCE UIJDkR EXISTING FLOOR IS NOT ACCESSIBLE, I.E. NOT A CRAWL SPACE. Signature — 1 -- Date 06/30/10 1 El Check here if attachments SECTION E - BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1 -E5. If the Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B, and C. For Items E1 -E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawlspace, or enclosure) is N/A. ❑ feet ❑ meters ❑ above or ❑ below the HAG. b) Top of bottom floor (including basement, crawlspace, or enclosure) is N/A. ❑ feet ❑ meters ❑ above or ❑ below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 8-9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is NIA. ❑ feet ❑ meters ❑ above or ❑ below the HAG. E3. Attached garage (top of slab) is N/A. ❑ feet ❑ meters ❑ above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is N/A. ❑ feet ❑ meters ❑ above or ❑ below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑ Yes ❑ No ❑ Unknown. The local official must certify this information in Section G. SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA -issued or community -issued BFE) or Zone AO must sign here. The statements in Sections A, 8, and E are correct to the best of my knowledge. Property Owner's or Owners Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments ❑ Check here if attachments SECTION G - COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable Rem(s) and sign below. Check the measurement used in Items G8 and G9. G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. ❑ A community official completed Section E for a building located in Zone A (without a FEMA -issued or community -issued BFE) or Zone AO. G3. ❑ The following information (Items G4 -G9) is provided for community floodplain management purposes. G4. Permit Number I G5. Date Permit Issued I G6. Date Certificate Of Compliance/Occupancy Issued G7. This permit has been issued for: ❑ New Construction ❑ Substantial Improvement G8. Elevation of as -built lowest floor (including basement) of the building: ❑ feet ❑ meters (PR) Datum G9. BFE or (in Zone AO) depth of flooding at the building site: ❑ feet ❑ meters (PR) Datum G10. Community's design flood elevation ❑ feet ❑ meters (PR) Datum Local Official's Name Title Community Name Telephone Signature Date Comments ❑ Check -here if attachments FEMA Form 81-31, Mar 09 Replaces all previous editions Building Photographs See Instructions for Item A6. For Insurance Company Use: Building Street Address (including Apt, Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number 3524 OLEANDER WAY (MAIN RESIDENCE) City GULF STREAM State FL ZIP Code 33483 Company NAIC Number If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to the instructions for Item A6. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and `Left Side View." If submitting more photographs than will fit on this page, use the Continuation Page on the reverse. FRONT VIEW REAR VIEW Building Photographs Continuation Page For Insurance Company Use: Building Street Address (including Apt, Unit, Suite, and/or Bldg. No.) or P_O. Route and Box No. Policy Number 3524 OLEANDER WAY (GARAGE) City GULF STREAM State FL ZIP Code 33483 Company NAIC Number If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken-, "Front View" and "Rear View",- and, if required, "Right Side View" and "Left Side View." AGE FRONT VIEW REAR VIEW IL • � iF�i4w_ �. j !+ � .ems �•v.. COUNTY OF PALM BEACH: h� fICE OF AD VALOREM TAXES AND NON -ALJ VALOREM ASSESSMENTS PROPERTY CONTROL NUMBER YEAR CMC COLLECTOR NO. 20-43-46-03-06-000-0570 2011 98 101419480 D 5 - 167383 STANLEY THOMAS M & STANLEY KIRSTEN B 3524 OLEANDER WAY DELRAY BEACH FL 33483-7422 III Jill I1I1111111III11I11111111III1I1111111I11II'1III1III1'I11111 READ REVERSE SIDE BEFORE CALLING TAXING AUTHORITY COUNTY COUNTY DEBT TOWN OF GULF STREAM CHILDRENS SERVICES COUNCIL F.I.N.D. PBC HEALTH CARE DISTRICT SCHOOLLOCAL SCHOOL STATE SFWMD EVERGLADES CONST PROJECT SO FLA WATER MANAGEMENT DIST. SO FLA WATER MGMT - OKEE BASIN EXEMPTIONS APPLIED Homestead SEE REVERSE SIDE FOR MORE INFORMATION LEGAL DESCRIPTION '& S 1/2 OF PANDANUS RD LYG N OF ADJTHERETO ANNE M. GANNON, CONSTITUTIONAL TAX COLLECTOR SERVING PALM BEACH COUNTY PAY ONLINE: Go to our secure website at www.taxcollectorpbc.com. The website has easy instructions to follow and allows you to print your receipt. AD_ VALOREM TAXES. MILLAGE TELEPHONE ASSESSSED EXEMPTION 561-355-3996 805,362 50,000 561-355-3996 805,362 50,000 561-276-5116 805,362 50,000 561-740-7000 805,362 50,000 561-627-3386 805,362 50,000 561-659-1270 805,362 50,000 561-434-8837 805,362 25,000 561-434-8837 805,362 25,000 561-686-8800 805,362 50,000 561-686-8800 805,362 50,000 561-686-8800 805,362 50,000 READ REVERSE SIDE BEFORE CALLING TAXABLE MILLAGE TAX AMOUNT 755,362 4.7815 3,611.76 755,362 0.2110 159.38 755,362 2.9265 2,210.57 755,362 0.7475 564.63 755,362 0.0345 26.06 755,362 1.1250 849.78 780,362 2.4980 1,949.34 780,362 5.6820 4,434.02 755,362 0.0624 47.13 755,362 0.1785 134.83 755,362 0.1954 147.60 TOTAL AD VALOREM 14,135.10 READ REVERSE SIDE BEFORE CALLING NON -AD VALOREM ASSESSMENTS LEVYING AUTHORITY TELEPHONE RATE AMOUNT SOLID WASTE AUTHORITY 561-697-2700 174.00 174.00 TOTAL NON -AD VALOREM 174.00 TOTAL AD VALOREM AND NON -AD VALOREM COMBINED 14,309.10 **** INFORMATIONAL NOTICE **** A TAX NOTICE WAS SENT TO YOUR ESCROW AGENT FOR PAYMENT: CHASE HOME FINANCE DETACH HERE **SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION" DETACH HERE COUNTY OF PALM BEACH: NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS PROPERTY CONTROL NUMBER I YEAR I MTG I COLLECTOR NO. 20-43-46-03-06-000-0570 12011 188880 1 101419480 STANLEY THOMAS M & STANLEY KIRSTEN B 3524 OLEANDER WAY DELRAY BEACH FL 33483-7422 LEGAL DESCRIPTION PL SHOWING GULF STREAM PROP 2 LT 57 & S 1/2 OF PANDANUS RD LYG N OF & ADJ THERETO P.O. BOX 3353 WEST PALM BEACH, FL 33402-3353 2011101,419480001,4309102 MAKE CHECKS PAYABLE TO: Tax Collector, Palm Beach County INFORMATIONAL NOTICE PLEASE READ THE REVERSE SIDE AMOUNT DUE WHEN RECEIVED BY Nov 30, 2011 Jan 3, 2012 Jan 31, 2012 Feb 29, 2012 Apr 2, 2012 TAXES ARE $13,736.73 $13,879.82 $14,022.92 $14,166.01 $14,309.10I DELINQUENT APRIL 3 **SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION** RETAIN THIS TOP PORTION FOR YOUR RECORDS RETAIN THIS TOP PORTION FOR YOUR RECORDS INFORMATIONAL NOTICES - IMPORTANT INSTRUCTIONS This NOTICE provides information about your Ad Valorem Taxes and Non -Ad Valorem Assessments for the 2011 calendar year. A TAX NOTICE WAS SENT TO YOUR ESCROW AGENT FOR PAYMENT. Please review and verify the description of the property on this notice. Report any errors to the Office of the Property Appraiser immediately at 561-355-2866. If you've sold the property on the notice, please forward this notice to the new owner or mark this notice "SOLD" and return it to the Constitutional Tax Collector's Office. PAYMENT INFORMATION (if you do not have an escrow agent or your lender is not responsible for payment of your taxes) Discount amounts are shown on the front of this notice. Additional discount information: • December Payments, if mailed, must be postmarked by DECEMBER 31st or paid in our offices by January 3rd to receive your discount. • March Payments, if mailed, must be postmarked by MARCH 3151 or paid in our offices by April 2nd to avoid additional fees. Your Payment Options • E -CHECK (ON-LINE Only) www.taxcollectorpbc.com NO ADDITIONAL FEE (Payment confirmation e-mail provided) • CREDIT CARD (ON-LINE Only) www.taxcollectorpbc.com A CONVENIENCE FEE WILL APPLY (Payment confirmation e-mail provided) • WIRE TRANSFER(bank confirmation serves as receipt) • MAIL (canceled check will serve as receipt) • IN PERSON at one of our Service Centers from 8:15 AM to 5:00 PM, Monday through Friday (receipt provided at counter) • BANK On -Line CHECK - Property owner's bank/bill pay service (bill pay service canceled check will serve as receipt) Pay by E -Check OR Credit Card: Available 24/7 at the Tax Collector's website, www.taxcollectorpbc.com. See enclosed publication for complete instructions. Pay by Mail: Please detach the bottom return portion. DO NOT FOLD, STAPLE, WRITE ON, OR MARK. Make payment payable to Anne Gannon, Constitutional Tax Collector. Please use the enclosed return envelope, making sure the Constitutional Tax Collector's address shows in the return envelope WINDOW. DELINQUENT TAX INFORMATION Ad Valorem Taxes and Non -Ad Valorem Assessments become delinquent after APRIL 2, 2012. • Interest will be charged at a rate of 18% Per Year (1.5 % Per Month) with a minimum charge of 3% Interest shall be collected; • Interest, costs, and associated charges for delinquent taxes are determined by the date payment is received by the Tax Collector; • Payments received after APRIL 2 are delinquent. Mailed payments must be postmarked by MARCH 31;. • Payment AFTER THE DATE OF DELINQUENCY must be by cash, bank draft, wire transfer, certified check, money order, US Postal Order, or cashier's check. FLORIDA STATUTE 197.432 Tax Sale Certificates will be sold on all unpaid properties 60 days after the date of delinquency. CONTACTS FOR QUESTIONS OR PROBLEMS Constitutional Tax Collector: Prepares and mails TAX NOTICES from Tax Roll data certified by the PBC Property Appraiser and Non -Ad Valorem assessments provided by Levying Authorities. (561) 355-2266. Property Appraiser: Prepares the Ad Valorem Tax Roll (assessed value, exemptions, taxable value, assessed owner's name, address, and legal description). (561) 355-2866. Taxing Authorities: Set the Ad Valorem millage rates. See list on reverse side with telephone numbers for questions about Tax Rate and services provided. Levying Authorities: Determines the Non -Ad Valorem assessments. See list on reverse side with telephone numbers for questions about assessment amount and the services provided. DETACH HERE DETACH HERE PLEASE INCLUDE THIS BOTTOM PORTION WITH YOUR PAYMENT TO THE TAX COLLECTOR ANNE M. GANNON, Constitutional Tax Collector Palm Beach County DETACH HERE DO NOT FOLD, STAPLE, WRITE, OR MARK ON THIS PAYMENT STUB Make payment payable to: Anne Gannon, Constitutional Tax Collector. Place this return portion and your payment in the enclosed return envelope. Make sure the Constitutional Tax Collector's address shows in the return envelope window. C Residential Appraisal Report File No. 12-0842 The purpose of this appraisal report is to provide the client with a credible opinion of the defined value of the subject property, given the intended use of the appraisal. Client Name/Intended User MR. THOMAS STANLEY E-mail tom@macmillanstanley.com Client Address 29 NE 4 AVENUE City DELRAY BEACH State FL Zip 33483 Additional Intended Users N/A Intended Use THE INTENDED USE OF THE REPORT IS TO ESTIMATE THE REPLACEMENT VALUE OF THE IMPROVEMENTS FOR ASSISTING THE CLIENT IN OBTAINING BUILDING PERMITS FOR A PROPOSED RENOVATION. Property Address 3524 OLEANDER WAY City GULFSTREAM State FL Zip 33483-7422 Owner of Public Record STANLEY County PALM BEACH Legal Description See Attached Addendum " Assessor's Parcel # 20-43-46-03-06-000-0570 Tax Year 2011 R.E. Taxes S 14 135.10 Neighborhood Name GULFSTREAM Map Reference 43-46-03 Census Tract 0054.11 Propertv RicilitsA raised W Fee Simple El Leasehold Other describe M research Wdid Lj did not reveal any prior sales or transfers of the su 'ect property for the three years prior to the effective date of this appraisal. PriorSalarfransfer: Date 7/9/10 Price $902,500 Sources COUNTY RECORDS PAPA Analysis DfpdDr sale ortransfer history ofthe subject property (arid comparable sales, ifaipplicable) THE APPRAISER HAS RESEARCHED THE SUBJECTS SALES HISTORY INFORMATION FOR THE PRECEDING THREE YEAR PERIOD, IN COMPLIANCE WITH USPAP STANDARD RULE 1-5. Offerings, options and contracts as of the effective date of the appraisal THE SUBJECT PROPERTY IS NOT CURRENTLY UNDER CONTRACT, NOR HAS IT BEEN OFFERED FOR SALE IN THE PAST YEAR. Nei hborhood Characteristics One -Unit Housing Trends One -Unit Housing Present Land Use% Location Urban Suburban Rural Pro Values Increasin Stable DecliningPRICE AGE One -Unit 50% Built -U Over 75% W125 -75%W Under 25% 1 Demand/Supply W Shortage In Balance Lj Over Su $000(yrs) 2-4 Unit % Growth URapid X Stable USlow IMarketimiTime Under3mths 3-6mths WOver6mths 800 Low 0 Muld-Family20% Neighborhood Boundaries See Attached Addendum 25,000 High 90 Commercial % 1,500 Pred. 45 Other Vacant 30% Neighborhood Description See Attached Addendum Market Conditions (including support for the above conclusions) THERE ARE INDICATIONS OF STABILIZING VALUES AFTER A FEW YEARS OF DECLINE THAT FOLLOWED RAPIDLY APPRECIATING PRICES OF THE 2000-2006 ERA. CASH OR CONVENTIONAL FINANCING PREVALENT IN THE SUBJECT MARKET WITH NO EVIDENCE OF SELLER FINANCING. Dimensions SEE ATTACHED SURVEY Area 18,817 SF Shape IRREGULAR View RESIDENTIAL SpecificZon Classification RS Zoni Descri tion SINGLE FAMILY RESIDENTIAL ZoO Co lance L al Le I Noncortormi Grandfathered Use No Zorwn III al describe Is the highest and best use of the subject property as improved (or as proposed per plans and specifications) the present use? WYes ONo If No, describe. THE HIGHEST AND BEST USE OF THE SUBJECT PROPERTY IS AS RESIDENTIAL. Utilities Public Other describe Public Other(describe) Off-site Improvements—Type Public Private Elect' ' Water Street ASPHALT X Gas w Li Sanitary Sewer 1XI Li Alley NONE Li Site Comments EASEMENTS ARE THOSE OF PUBLIC RECORD. NO ADVERSE CONDITIONS OR ENCROACHMENTS NOTED AT THE TIME OF INSPECTION. GENERAL DESCRIPTION FOUNDATION EXTERIOR DESCRIPTION materials INTERIOR materials Units X One OnewlAcc. unit Concrete Slab X Crawl S ace Foundation Walls STEM WALL Floors WOOD, TILE # of Stories ONE Lj Full Baseme U Partial Basement Exterior Walls FRAME Walls PANEL T Det. Att. WS-Det./EndUnit Basement Area 0 sq. ft. Roof Surface COMP.SHINGLE Tmiffinish WOOD X Existin Pro sed UUnderConst, Basement Finish N/A % Gutters &Downspouts NONE Bath Floor TILE Design le COTTAGE OutsideE /Ext LJSumpPump WinclowType CASEMENT Bath Wainscot TILE Year Built 1927 StormSashlinsulated SHUTTERS car storage None Effective A(Yrs) 10-15 Screens YES X I Driveway # of Cars 4 Attic W None Heating FWAIWHW JURacliant Amenities I WoodStove s # Driveway Surface PEBBLE Drop Stair U Stairs Other I Fuel ELEC Fir ac s # 1 X Fence WOOD Gara a #of Cars 1 Floor Scuttle Colin Ce ral Air Conditionin Patio/Deck OPEN Porch Car # of Cars Finished Heated Individual Other Pool OPEN Other Att. X Det. I jBullt-in kpipliances P Ref' afar X Ra Oven X Dishwasher LXJDisposal LjMicrDwave P Washer/ er I 10ther(describe) Finished area above grade contains: 6 Rooms 3 Bedrooms 3 BaNs) 2,043 Square Feet of Gross Living Area Above Grade Additional Features THE IMPROVEMENTS BEING EVALUATED ARE THE SINGLE FAMILY HOME AND DETACHED GARAGE. THE STRUCTURES ARE OF WOOD FRAME CONSTRUCTION WITH VINYL SIDING AND A COMPOSITION SHINGLE ROOF. THE IMPROVEMENTS ARE IN GOOD CONDITION FOR THEIR AGE AND HAVE BEEN WELL MAINTAINED. PLANS ARE TO RENOVATE THE STRUCTURES IN THE NEAR FUTURE. Comments on the Improvements THE SUBJECT IMPROVEMENTS ARE IN GOOD CONDITION AND HAVE BEEN WELL MAINTAINED OVER THE YEARS LOWERING THE EFFECTIVE AGE. THE ROOF IS APPROXIMATELY SIX YEARS OLD, TWO OF THE BATHS HAVE BEEN RENOVATED IN THE PAST SIX YEARS, THE KITCHEN IS TWO YEARS OLD, A/C AND MECHANICAL SYSTEMS HAVE BEEN UPDATED OVER THE YEARS, ETC. V ery"vr�. -.pU� Gewa'l Purpose Appraisal Re��a OLIa10 GPAHIOM 1005262010 9m W,xs Residential Appraisal Report He No. 12-0842 FEATURE I SUBJECT COMPARABLE SALE No.1 COMPARABLE SALE NO.2 COMPARABLE SALE NO. 3 3524 OLEANDER WAY Address GULFSTREAM Proximity to Su 'ect Sale Price $ N/A Is Is S Sale Price/Gross Liv. Area $ 0.00 Sq, ft. S sq. ft, $ sq. ft. $ sq. ft Data Sources INSPECTION Verification Source(s) VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION .b)$ I DESCRIPTION l-)$ 1 DESCRIPTION ()s Sale or Financing Concessions Date of Sale/Time N/A Location GULFSTREAM Leasehold/Fee Soliple FEE SIMPLE Site 18,817 SF View RESIDENTIAL Design COTTAGE Quality of Construction GOOD • Actual Age 1930 Condition AVERAGE Above Grade Tma I Bd-1 Bann Taal Bdrms Baths m l norm aams Topa lBd.,F Baths Room Count 6 3 3 Gross Living Area 2,043 sq. ft. sq. ft. sq. ft. sq ft. • Basement & Finished NONE • Rooms Below Grade Functional Utility AVERAGE Heating/CoolingHeating/Cooling CENTRAL Energy Efficient Items NONE Garage/CarportGarage/Carport 1 CAR GARAGE Porch/Pado/Deck NONE Pod, etc. OPEN POOL Fireplace ONE Net Adjustment Taal $ $ + $ Adjusted Sale Price NetAdj % of Com arables Gross Ad. % Net Adj. % $ Gross % NetAdj. % $ Gross Ad. % $ Summary of Sales Comparison Approach THE SALES COMPARISON APPROACH IS NOT APPLICABLE FOR THIS ASSIGNMENT. COST APPROACH TO VALUE Site Value Comments THE SITE VALUE IS NOT DERIVED IN THE COST APPROACH, AS IT IS NOT APPLICABLE TO THIS ASSIGNMENT. THE ASSIGNMENT IS TO ESTIMATE THE VALUE OF THE IMPROVEMENTS TO THE SITE. . ESTIMATED LJ REPRODUCTION OR LXJ REPLACEMENT COST NEW OPINION OF SITE VALUE ................................ ..... _ $ N/A Source of cost data AppralserBASE - BLUEBOOK INTERNATIONAL Dwelling 2,043 Sq. Ft. 0 $ 257.00.... .. .. _ $ 525,051 Quality rating from cost service GOOD Effective date of cost data 7/12 NONE Sq. Ft. @ $ ......... $ 0 Comments on Cost Approach(gross living area calculations, depreciation, etc. PATIO POOL 28,600 SEE THE ATTACHED SKETCH SHOWING THE FLOOR PLAN AND GaragetCarpoft Garage/Ca226 Sq. FL @ $ 85.00.......... . _ $ 19,210 LIVING AREA CALCULATIONS FOR THE SUBJECT PROPERTY. Total Estimate of Cost -New ............ _ $ 572,861 Less 75 Physical Functional External Depreciation $95,500 = s 95,500) Depreciated Cost of Improvements ............................. .. = $ 477,361 "As -is" Value of Site Improvements ................ . ......... . _ $ 5,000 INDICATED VALUE BY COST APPROACH..(Improvements). _ $ 482,400 INCOME APPROACH TO VALUE Estimated Monthly Markel Rent $ N/A X Gross Rent Multiplier N/A = $ N/A Indicated Value by IncDmeApproach • Summary of Income Approach (including support for markarent and GRM) THE INCOME APPROACH IS NOT APPLICABLE IN THIS APPRAISAL ASSIGNMENT. Indicated Valueb : Sales Comparison Aoach$ Cost Approach ifdevelo ed S 482,400 IncomeApproach If develo ed $ COST DATA IS SUPPLIED BY APPRAISERBASE - BLUEBOOK INTERNATIONAL, AN ONLINE SUBSCRIPTION SERVICE AND IS CONSIDERED TO ACCURATELY REFLECT THE SUBJECT IMPROVEMENTS. This appraisal is made X "as is," LJ subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed, ❑subject to the fallowing repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed ❑subject to the following: REPLACEMENT VALUE IS ESTIMATED AT $525,051 FOR THE HOUSE AND $19.210 FOR THE DETACHED GARAGE TOTALING $544,261, ROUNDED TO $545,000 Based on the scope ofwork, assumptions, limiting conditions and appraiser's certification, my (our) opinion of the defined value of the real property thatis the subjectofthis report is$ 545,000 as of JUNE 20, 2012 which is the effective date of this appraisal. par Produred —g Aa ft—e. 800 234 8727 xvi J. — THS ram Ow }502005.2010 ACI Dlmsan of ISO Claims Savkm, k[.. AN RigHS Rmarved. Page 2 d 4 (yPARTM) General Purpose Appraisal R1 10Reoat 05/200 GPA vr*�+RPait Aucamp, Dellenback & Whitney 05262011 0 Residential Appraisal Report File No. 1243842 Scope of Work, Assumptions and Limiting Conditions Scope of work is defined in the Uniform Standards of Professional Appraisal Practice as " the type and extent of research and analyses in an assignment." In short, scope ofwork is simply what the appraiser did and did not do during the course of the assignment. It includes, but is not limitedto: the extent towhich the property isidentified and inspected, the type and extent of data researched, the type and extentofanalyses applied to arrive at opinions or conclusions. The scope of this appraisal and ensuing discussion in this report are specific to the needs of the client, other identified intended users and to the intended use of the report. This report was prepared for the sole and exclusive use of the client and other identified intended users for the identified intended use and its use by any other parties is prohibited. The appraiser is not responsible for unauthorized use of the report. The appraiser's certification appearing in this appraisal report is subject to the following conditions and to such other specific conditions as are set forth by the appraiser in the report. All extraordinary assumptions and hypothetical conditions are stated in the report and might have affected the assignment results. 1. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in this report may show approximate dimensions and is included only to assist the reader in visualizing the property. The appraiser has made no survey of the property. 3. The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made thereto. 4. Neither all, nor any part of the content of this report. copy or other media thereof (including conclusions as to the property value, the identity of the appraiser, professional designations, or the firm with which the appraiser is connected), shall be used for any purposes by anyone but the client and other intended users as identified in this report, nor shall it be conveyed by anyone to the public through] advertising, public relations, news, sales, or other media, wfthout the written consent of the appraiser. 5. The appraiser will not disclose the contents of this appraisal report unless required by applicable law or as specified in the Uniform Standards of Professional Appraisal Practice. 6. Information, estimates, and opinions fur fished to the appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished to the appraiser is assumed by the appraiser. 7. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which woukf render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering or testing, which might be required to discover such factors. This appraisal is not an environmental assessment of the property and should not be considered as such. 8. The appraiser specializes in the valuation of real property and is not a home inspector, building contractor, structural engineer, or similar expert, unless otherwise noted. The appraiser did not conduct the intensive type of field observations of the kind intended to seek and discover property defects. The viewing of the property and any improvements is for purposes of developing an opinion of the defined value of the property, given the intended use of this assignment. Statements regarding condition are based on surface observations only. The appraiser claims no special expertise regarding issues including, but not limited to: foundation settlement, basement moisture problems, wood destroying (or other) insects, pest infestation, radon gas, lead based paint, moll or envkonmental issues. Unless otherwise indicated, mechanical systems were not activated or tested. This appraisal report should not be used to disclose the condition of the property as it relates to the presence/absence of defects. The client is invited and encouraged to employ qualified experts to inspect and address areas of concern. If negative conditions are discovered, the opinion of value may be affected. Unless otherwise noted, the appraiser assumes the components that constitute the subject property improvement(s) are fundamentally sound and in working order. Any viewing of the property by de appraiser was limited to read8y observable areas. Unless otherwise noted, attics and crawl space areas were not accessed. The appraiser did not move furniture, floor coverings or other items that may restrict the viewing of the property. 9. Appraisals involving hypothetical conditions related to completion of new construction, repairs or alteration are based on the assumption that such completion, alteration or repairs will be competently performed. 10. Unless the intended use of this appraisal specifically includes issues of property insurance coverage, this appraisal should not be used for such purposes. Reproduction or Replacement cost figures used in the cost approach are for valuation purposes only, given the intended use of the assignment. The Definition of Value used in this assignment is unlikely to be consistent with the definition of Insurable Value for property insurance coverage/use. 11. The ACI General Purpose Appraisal Report (GPAR—) is not intended for use in transactions that require a Fannie Mae 1004/Freddie Mac 70 form, also known as the Uniform Residential Appraisal Report (U RAR). Additional Comments Related To Scope Of Work, Assumptions and Limiting Conditions Scope of Work: As part of this assignment, the appraiser has: 1. performed a complete visual Inspection of the interior and exterior areas of the subject property, 2. inspected the subject neighborhood, 3. researched, verified, and analyzed the data from reliable public and/or private sources, 4. reported the analysis, conclusions, and opinions in this appraisal report. ry RaA[d using Ac suit— 800134.8727 �Acifgb— This rmn Cap" o 201y.2010 ACI Oiuisan d ISO CWSm—Inc, All Rgfts R.—d. ■ ■ m Page 3 of 4 @PAR-) General Purpose Appraisal Repos 0512010 .4 a Residential Appraisal Report FCeNo 12-0842 Appraiser's Certification The appraiser(s) certifies that, to the best of the appraiser's knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are the appraiser's personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. Unless otherwise stated, the appraiser has no present or prospective interest in the property that is the sultject of this report and has no personal interest with respect to the parties involved. 4. The appraiser has no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. The appraiser's engagement in this assignment was not contingent upon developing or reporting predetermined results, 6. The appraiser's compensation for completing this assignment is not condngent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. The appraisers analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice 8. Unless otherwise noted, the appraiser has made a personal inspection of the property that is the subject of this report. 9. Unless noted below, no one provided significant real property appraisal assistance to the appraiser signing this certification. Significant real property appraisal assistance provided by Additional Certifications: As of the effective dale of the appraisal, David Aucamp, SRP, has mel the continuing education requirements of the Appraisal Institute. Definition of Value: ❑Market Value ®Other Value: REPLACEMENTCOST Source of Definition: Appraisal Institute, The Dictionary of Real Estate Appraisal,_ Fourth Edition, Chicago, 2002, Page 147 The estimated cost to construct, at current prices as of the effective dale of the appraisal, a building with utility equivalent to the building being appraised using modern materials and current standards, design, and layout. ADDRESS OF THE PROPERTY APPRAISED: 3524 OLEANDER WAY GULFSTREAM, FL 33483-7422 EFFECTIVE DATE OF THE APPRAISAL: JUNE 20, 2012 APPRAISED VALUE OF THE SUBJECT PROPERTY $ 545.000 APPRAISER SUPERVISORY APPRAISER Signature: Signature: Name: DAVID AP P, SRA Name: Stale Certificadon R Cert Res RD366 State Certificatlon 8 or License 8 or License k or Other (describe): State M: Stale: State: FL Expiration Date of Certification or License: Expiration Date of Certification or License: 11/30/2012 Date of Signature: Date of Signature and Report: JULY 3, 2012 Date of Property Viewing: Date of Property Viewing: JUNE 20, 2012 Degree of property viewing: Degree of property viewing: ❑ Interior and Exterior ❑ Exterior Only ❑ Did not personally view © Interior and Exterior ❑ Exterior Only ❑ Did not personally view R.&A ,g ACI aoft <e 800234 errr w.w.a<M,&— rnls k. C." o 2005.2010 ACI D'—d 150 Claim: S-.,, l- A ages R��m Page 4d 4 @PAR-) General Purpose AppraisaGPAR1 10l Renoir 051201 05252010 Aucamp, Dellenback &Whitney ADDENDUM Client: MR. THOMAS STANLEY File No.: 12-0842 Property Address: 3524 OLEANDER WAY Case No.: City: GULFSTREAM State: FL Zip: 33483-7422 Legal Description LOT 57, GULF STREAM PROPERTIES NO. 2, PB 18, P 42, TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF THE RIGHT OF WAY OF PANDANUS ROAD LYING NORTH OF AND ADJACENT TO LOT 57, TOGETHER WITH ALL OF THE GRANTOR'S INTEREST, IF ANY, IN EASEMENTS OF ACCESS IN COMMON WITH SIMILARLY SITUATED TO THE ATLANTIC OCEAN AS CREATED AND GRANTED IN DEED BOOK 662, PAGE 396 AND DEED BOOK 884, PAGE 539. Neighborhood Boundaries THE SUBJECT NEIGHBORHOOD LIES NORTH OF GEORGE BUSH BLVD, SOUTH OF WOOLBRIGHT ROAD, EAST OF THE INTRACOASTAL WATERWAY AND WEST OF THE ATLANTIC OCEAN. Neighborhood Description THE SUBJECT IS LOCATED IN THE SMALL OCEAN FRONT TOWN OF GULFSTREAM, WHICH IS SITUATED JUST NORTH OF DELRAY BEACH. THE PROXIMITY TO THE OCEAN AND THE FACT THAT THERE IS NO COMMERCIAL DEVELOPMENT IN THE TOWN MAKE IT APPEALING. HOMES ALONG THE OCEAN ARE ALL REQUIRED TO BE IN A MEDITERRANEAN DESIGN, WHILE HOMES ON THE WEST SIDE OF HIGHWAY A1A ARE NOW REQUIRED TO BE BERMUDA STYLE. THERE IS A TOWN APPEARANCE BOARD THAT REGULATES WHAT CAN BE BUILT IN THE TOWN, KEEPING ITS CHARACTER UNIQUE. LOCAL SHOPPING AND SERVICES ARE ALL LOCATED WITHIN CONVENIENT DRIVING DISTANCE TO THE SOUTH IN DELRAY BEACH OR TO THE NORTH IN BOYNTON BEACH. Appraiser: Supervisory Appraiser: Name: DAVID A CAMP. SRA Name: Addendum Page 1 of 1 'JBJECT PROPERTY PHOTO ADDENDUM 1 � .RY •wig d 0 � �.._ ■ �; ,, .�. ■l Cl ! FRONTVIEW OF SUBJECT PROPERTY Appraised Date: June 20,2012 Appraised Value: $ sas,000 REAR VIEW OF SUBJECT PROPERTY STREETSCENE Uient: MR. THOMAS STANLEY \ File No.: 1� Properly Address: 3524 OLEANDER WAY Case No.: 4 o CITY: GULFSTREAM State: FL Zip: 33483-7422 F9 wi P,W.,d icing ACI mfiw- 800 234 6727 wnw..-b wm PHT12 1. SITE PLAN Client: MR. THOMAS STANLEY File No.: 12-0842 Property Address: 3524 OLEANDER WAY Case No.: CitY: GULFSTREAM State: FL ZiP: 33483-7422 t .vm �F3QNv3 30 - - a 3998 FAU BLVD, SUITE 300, BOCA RATON, FLORIDA 33431 PH: 561-998-9326/ FAX: 561-241-4759 SURVEY MAP OF 8MMARY SONEY CZ "M2 -M * P, X 09t' k SWER dr OMU . 3998 FAU BLVD, SUITE 300, BOCA RATON, FLORIDA 33431 PH: 561-998-9326/ FAX, 561-241-4759 e C FLOOD MAP C 'Ilefll:MR. THOMAS STANLEY File No.: 1z 0642 property Address: 3524 OLEANDER WAY Case No.: IIy: GULFSTREAM State: FL Zip: 33483-7422 :E in n v _T FloodMap Legend Flood Zones Areas mwndated try 504year flooding Areas outside of the 100 and 500 -year nocdp!ans Areas ekaMalsd by 100•yeaf flooding Afoot in r"ed by 100•yow flooding With voloCly hazard _ Ftoodway areas _ Floodnay Meas -h velocity hazard Areas of undetermined but possDla flood hazards Areas flat nWptd on Mry puhishad FIRM Flood Information Community: 125109 - GULF STREAM, TOWN OF Property is in a FEMA special flood hazard area. Property is Within 250 feet of a FEMA special flood hazard area. Map Number: 1251090001 D Map Date- 09/3011982 Panel- 0001 D FIPS: 12099 Zone: A5 Neiaier TfansawwWa Flood Hazard Ceillf"tion (TFHC) nor ACI make any representations or warranties to any party concerning the content, accuracy or completeness of this flood report. Including any warranty of merchantability or Mness for a particular purpom. Neither TF HC not ACI nor lha seller of this flood report shall have any Mablity 10 any third parry for any use or misuse of this flood report 3998 FAU BLVD, SUITE 300, BOCA RATON, FLORIDA 33431 PH: 561-998-9326 /FAX: 561-241-4759 LOCATION MAP Client: MR. THOMAS STANLEY File No.: 12-0842 Property Address: 3524 OLEANDER WAY Case No.: CitY: GULFSTREAM State: FL ZiP: 33483-7422 L Dock Dr m CDCD - Ruthmary Ave N r Bay Dr m Cedar Dr ?3rd Ave Cardinal Dr Briny Breezes BW 0 Seaview Ave alaj Surf Rd a Be] Air Ut i Saint Andrews Club -0 Jaycee Park Gutfstrram Paris U m Little Club Rd N � S� a 3 o` I Circle u x v a c p . o ,l, n U o The Little Club Z ora a o Sea Rd > i � m Bzn,bootn a � n3 y 41 �almeRj c Oldander Way EDelray ach, FL 33483 A1A Chukker Rd B.rnyan Rd s? O o a°' Turner Rd a° a a a O ro p R a, c�7 Palm Way ti Roberts Rd Middle Rd Golfview Dr I Orchid L. h Indigo pt D Ln 3 c m c o 2. 0.4 rnie I ' 3998 FAU BLVD, SUITE 300, BOCA RATON, FLORIDA 33431 PH: 561-998-9326/ FAX: 561-241-4759 Town of Gulf Stream TOWN OF GULF STREAM oftrc e l lfr'. n �., JUL 13 r r f r of C. Stt3',ra, FL APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration, ARPB File #12-7 To be completed by all applicants. PART II, GENERAL INFORMATION A. Project Information I.A.I. Project/Owner Name: C c cr_ns" E.w�yfi.. 'V �.STy 4AHcRS` �L; I.A.2. Project Address: _ 4OU\ �. LA -3. Project Property Legal Description: -SE-� �� - I.A.4. Project Description (describe in detail, including # Of stories, etc.) 2�- GoNOr�Mta\J}1 �rz�� S+�A25„p Gohro.J T I.A.5. Square Footage of New Structure or Addition: Architectural Style: -G�,-s Stas A*,% I.A.6. Check all that apply: I 9 Arch itectural/Site Plan Review 11Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures ❑ Non-residential uses ❑ Variance (complete section G) ❑ Special Exception (complete section E) I.A.7. (a) Proposed F.F.E.: _ --C".� I Type of Foundation: B. Owner Information ! I.B.1. Owner Address: I.B.2. Owner Phone Number:.�j I.B.3. Owner Signature: C. Agent Information I.C.1. Agent Name and Firm Name: I.C.2. Agent Address: I.C.3. Agent Phone Numb r: (o) 56\ ,L 4Sop� cell_(5���3b6-SSSS FaxcS E -L-\650 1.C.4. Aoent Sinnat. pro V V umciai use only Pre -App Date: ARPB Date; App Date: Recommendation: Com Date: TC Date: Decision: Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located? c III.A.2. Is the project compatible with the intent of the zoning district? ® Yes ❑ No Explain. /1-1., 9. 9-:112 �u/�Z,�,� 11 S III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? t"Yes ❑ No Explain. �� Q%r) r____ .- `\ III.A.4. How are ingress and egress to the property to be provided? Qe-9-- zu& �� oT e o.a.-PeQL.co.z.oa z-t-r� 4a -z III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage b. Sanitary Sewer U c. Potable Water d. Irrigation Water f►ia.-� � tom[ �� Tl�lt� S e. Electricity f. Telephone )S,7 Gas Cable Television III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) RA w CcaS�SZ2.e� �r�'J 11A2r.o.J � of v �T� SvOn.cw,�� � G ��.� Sz2,r�,►, o�s,e.� . PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does theyroject involve land area within fifty feet (50') of the Al (North Ocean Boulevard) right-of- way? ® Yes ❑ No (if "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes © No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existin fifty percent (50%) of the landscaped area of a developed lot? g vacant lot or more than ❑Yes No (If "Yes", section D of this part must be completed.) IV.A.5. Does the P%ect require approval of a Special Exception? ❑ Yes 9 No (If "Yes", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes R"No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Town of Gulf Strearn B. Projects requiring North Ocean, Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be disturbed or added and to what extent? ( I 7 \`S c Eft Tc� �T`� J FiQC� �cAz� a �Ac.WaC�� �� E.�i.Cs 1►-�� \ ��SA ��' L- . IV.B.2. Describe the need and justification for the disturbanceiaddition: IV.B.3. Will the disturbance/addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? YesNo . Explain: IV.B.4. How is the design consistent with the AIA Landscape Enhancement Project? IV.B.5. What mitigation is proposed so that the disturbance/addition has the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District:. �� FEl1_ 7p �j yrL �a,J AeP v.c.a.-goJ �Ac.�tac�t, �,ai.�'zS lr-b' � ,s,sl� `--C•2, C. Projects Requiring a Demolition Permit W.C.1. When are the existing structures to be demolished? IV.C.2. When are the proposed structures to be constructed? IV.C.3. What is the landmark status of the structures to be demolished? D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard Overlay District: IV.D.2. Describe the need and justification for the removal/relocation: IV.D.3. How is the removal from the project site of vegetation to be mitigated: IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? IV.D.5. What replacement materials are proposed? Application for Development Approval, f=orm ADA.32000 Page 4 February 2002 �� - ��u c c 9 1 I B E . P r o j e c t s R e q u i r i n g a S p e c i a l E x c e p t i o n . I V . E , 1 , I s t h e p r o p o s e d u s e a p e r m i t t e d s p e c i a l e x c e p t i o n u s e ? O y e s � N o C o d e S e c t i o n : _ I V - E - 2 . H o w i s t h e u s e d e s i g n e d , l o c a t e d a n d w e l f a r e , a n d m o r a l s w i l l b e p r o t e c t e d ? p r o p o s e d t o b e o A e r a t e d s o t h a t t h e p u b l i c h e a l t h , s a f e t y , I V . E . 3 . W i l l t h e u s e c a u s e s u b s t a n t i a l i n j u r y t o t h e v a l u e o f b e l o c a t e d ? Q'y e s Q' N o o t h e r p r o p e r { y i n t h e n e i g h b o r h o o d w h e r e i t i s t o E x p l a i n . I V . E , 4 , H o w w i l l t h e u s e b e c o m p a t i b l e w i t h a d j o i n i n g d e v e l o p m e n t i s t o b e l o c a t e d ? a n d t h e c h a r a c t e r o f t h e D i s t r i c t w h e r e ' I t I V - E . 5 . / h a t l a n d s c a p i n g a n d s c r e e n i n g a r e p r o v i d e d ? W . E . G . D o e s t h e u s e c o n f o r m w i t h a l l a p p l i c a b l e r e g u l a t i o n s o v e r l o c a t e d ? � y e s � N � g o v e r n i n g t h e D i s t r i c t w h e r e i n i t i s t o b e E x p l a i n . F . N o n - R e s i d e n t l a i P r o j e c t s a n d R e s i d e n t i a l P r o j e c t s o f G r e a t e r t h a n 2 I V . F , 1 , I f c o m m o n a r e a f a c i l i t i e s a r e t o b e p r o v i d e d , d e s c r i b e t h e m a n d h o U n i t s w t h e y a r e t o b e m a i n t a i n e d . J I F t ` ; . Q - L ' . n r n I V - F . 2 . I f r e c r e a t i o n f a c i l i t i e s a r e t o b e p r o v i d e d , d e s c r i b e t h e m a n d t h e i r p o t e n t i a l i m p a c t s o n s u r r o u n d i n g I V . F . 3 . F o r e a c h o f t h e f o l l o w i n g , l i s t t h e n u m b e r p r o v i d e d a n d t h e i r d i m e n s i o n s . L o a d i n g S p a c e s : S t a n d a r d P a r k i n g S p a c e s : - - 7 0 S A ` m a l l C a r P a r k i n g S p a c e s : F S 4 l ��c . ��. i H a n d i c a p p e d P a r k i n g S p a c e s : D r i v e w a y s / A i s l e s : A p p l i c a t i o n f o r D e v e l o p m e n t A p p r o v a l F o r m A D A , 3 2 0 0 0 P a g e 5 I :S q C) Q � LAJ ! � ca C5 ► � 16- (o � �L cq oc,Q� v � Q- O a oz��o W WZ�� ® (n t �En LJ O LJ % W �u o R� W JQ�V� F�Wev 1 � W� v QQ�OU Z �Q ^ry CS U UQZQ e O � m � jQ � :S q C) Q � LAJ ! � ca C5 ► � 16- (o � �L cq oc,Q� v � Q- O a oz��o W WZ�� ® (n t �En LJ O LJ % W �u o R� W JQ�V� F�Wev STIPULATION This Stipulation is entered into between counsel for OK Seahorse, LLLP and the Town of Gulf Stream, Florida this [I of July, 2012. WHEREAS, OK Seahorse, LLLP ("the Owner") are owners of a 3.49 +/- acre parcel in Palm Beach County, Florida located at 4001 North Ocean Boulevard ("the Property"); and WHEREAS, on March 15, 2011, the Property was annexed from Palm Beach County ("County") into the Town of Gulf Stream ("Gulf Stream"); and WHEREAS, it is the Owner's position that it has vested entitlements from the County to develop seven units on the Property as of the time of annexation; and WHEREAS, counsel for Gulf Stream and Owner have been in discussions over several months in an effort to avoid litigation with respect to development of the West Parcel that would serve as a compromise; and WHEREAS, counsel, together with representatives of their respective clients, have met to discuss possible ways to amicably resolve the dispute concerning Owner's claim of vested development rights on the West Parcel and Gulf Stream's desire to implement new development regulations on the West Parcel; and WHEREAS, as a result of those meetings and discussions, Owner has prepared proposed revised plans for consideration by Gulf Stream that Owner states comply with either the County's land use regulations as of the date of annexation or the land use regulations planned for the West Parcel by Gulf Stream; NOW, THEREFORE undersigned counsel for the parties hereto stipulate as follows: 1. The above recitals are incorporated herein. 2. As a result of settlement discussions, Owner has prepared a set of revised plans for development of the West Parcel which seek to incorporate many of Gulf Stream's regulations planned for the West Parcel. These plans are attached as Exhibit "A." Owner agrees that the plans attached as Exhibit "A" will be submitted to the Town and considered by the Town Commission, at a duly noticed public hearing, for review, and if acceptable to the Town Commission, approval by the Town Commission in connection with a pre -suit settlement. 4. This matter will be presented to the Town Commission at the duly noticed August 10, 2012 public hearing, prior to which time there will be review by the Architectural Review and Planning Board at their July 19, 2012 meeting. Owner is submitting the attached plans and related documents to Gulf Stream in aid of compromise and settlement of a disputed claim and is doing so without waiving any of its rights, claims or defenses in the event that the Town Commission does not approve the attached plans after public hearing and a vote. Likewise, by considering and voting on the attached plans, the Town is not waiving any rights, claims or defenses to contest Owner's assertion of vested rights as to the West Parcel. In the event the Town Commission does not approve the attached plans, the preparation, submittal, consideration and vote on the attached plans, as well as the forbearance of Owner in not submitting an application for development under the County's land use regulations, may not be used adversely against either party in any subsequent proceedings. John C. Randolph, Esq. Attorney for the Town of Gulfstream Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagle Drive, Suite 1100, West Palm BvZch, BloridaY401 IN /Z WPB ACTIVE 5117171.1 FA John W. Little, III Attorney for OK, Seahorse, LLLP Gunster, Yoakley and Stewart, P.A. 777 South Flager Drive, Suite 500E West Palm Beate 33401 By: 1wkrtw.z Date: "I ( V% / i l - Page 1 of 6 Rita Taylor From: ronped [ronped@bellsouth.net] Sent: Wednesday, August 08, 2012 3:56 PM To: Rita Taylor Cc: Brent G.; Glenn; Bunny; David Nuttall; Bob Donhauser; CandyGrover@me.com; PBCK@aol.com; Sandra Nuttall; Betsy Subject: Fw: 9 AM August 10 commision meeting / PDF copies of plans from town hall Ms. Taylor: On behalf of the Polo Ridge Home Owners Association (3960 North Ocean Blvd., Gulf Stream, FL) we respectfully request this letter be read during the August 10 Commission Meeting. First Point: While this plot is zoned for multi -family and the Gulf Stream rules permit five (5) residences, we respectfully urge the commission to be cognizant of reasonable space should be provided to protect Polo Ridge residence privacy. Hence, the Polo Ridge Home Owners respectfully propose this project be approved for four (4) residences. The proposed project only allows 16' of space between properties. The consequence of the five unit proposal will literally eliminate the privacy of our four northern residences. This will dramatically impact the privacy Polo Ridge residents deserve while bathing, sleeping and pool area entertainment and relaxation. The Polo Ridge Homeowner's Association formally opposes the site plan for the so-called West Side Villas on the basis that it consumes far too much space on a small lot and is too close to the northern property line of our Town House complex. Polo Ridge homeowners will be exposed to almost wall-to-wall viewing into private swimming pools, bedrooms, and other areas which deserve privacy. From our point of view, the West Side Villa proposal is flawed and inconsistent with the existing character of Gulf Stream. We specifically prefer additional space beyond the 16' to include landscaping between neighboring residences. This proposal will be easily achieved with two duplexes and four residential units versus the proposed five residences. We respectfully request the commission to carefully address this extremely serious request. Ron Pedersen President Polo Ridge Home Owners Association From: ronped <ronped@bellsouth.net> To: rwganger < rwganger@bellsouth. net> V7. A; I /n I -A, n Page 2 of 6 Cc: Glenn <gweber@weberassoc.com>; Brent G. <brentgrover@me.com>; Bunny <ahbii@crosslink.net>; Bob Donhauser <rfdonhauser@gmail.com>; David Nuttall <davidnuttall@sympatico.ca>; John Alper <john@apictures.ty> Sent: Tue, August 7, 2012 6:16:17 PM Subject: 9 AM August 10 commision meeting / PDF copies of plans from town hall Bob: We respect your position and appreciate your insightful comments below. When a plan is approved which includes four individual homes, everyone was supportive. Today, we are looking at a newly revised plan which is 16' from the northern Polo Ridge property line and the existing Polo Ridge occupants will be exposed to almost wall-to-wall viewing into private swimming pools, bedrooms and other areas which deserve privacy. From our view, this proposal is flawed and certainly is not consistant with the existing character within the Town of Gulf Stream. Please bring this to the attention of the planning commission. Respectfully, Ron Pedersen (on behalf of the Polo Ridge Home Owners Association) From: rwganger <rwganger@bellsouth.net> To: ronped <ronped@bellsouth.net> Sent: Tue, August 7, 2012 9:30:13 AM Subject: Re: 9 AM August 10 commision meeting / PDF copies of plans from town hall Ron, No one said this was going to be easy. Given the shape of the property (narrower on the north than south) I suspect that flipping the two buildings as currently designed is an impractical solution, but there is no reason not to suggest it. I was unable to decifer some of the handwritten notes on the pdf, but I understand that you feel the southern building is too close to your property line. Given my unique circumstance of being a reviewer, recommender, and possibly approver of this project, I hope that you and other affected neighbors understand that I must keep an open mind and deal only with the facts. The ARPB was most concerned with lot coverage, which in turn relates to setbacks, massing, open space and the like. The developer heard our concerns and hopefully will adjust his current plan accordingly, before presenting to the Commission. We'll know in three days. I remind you that the ARPB was presented with a Stipulation Agreement prior to reviewing the plans which state that the Owner believes that the site plan complies with "either the County's land use regulations as of the date of annexation or the land use regulations planned for the West Parcel by Gulf Stream". The former is undeniable, as the County would have allowed more mass and density. The latter can only be achieved through compromise, as there are elements of the proposed plan that are both outside and within the Multi Family zoning codes pertaining to the Annexed area. The developer believes (apparently) that minor physical differences can be mitigated by lush landscaping, privacy walls and the like. It is up to him to prove his case. It took almost two hours to hear and discuss the developer's presentation, and we had all the drawings and blueprints in front of us. The neighbors are at a clear disadvantage in trying to understand how their privacy, quality of life, and property value might be affected by this development. I think it is wonderful that you can be hooked into the Commission meeting via telephone, but it would be a lot better if we had camera capability in the Chambers. But that's another matter. :•E oioinn1� Page 3 of 6 From: ronped <ronped@bellsouth.net> To: Bob G. < rwganger@ bellsouth. net> Cc: Brent G. <brentgrover@me.com>; Glenn <gweber@weberassoc.com> Sent: Mon, August 6, 2012 11:03:26 PM Subject: 9 AM August 10 commision meeting / PDF copies of plans from town hall Bob: Check out these changes. Polo Ridge specifically requests the southern building be placed on the northern end of the Sea Horse property and the 16" space be extended to 24'. Ron Pedersen The meeting takes place at 9am EST on Friday the tenth. I'd be happy to call you and put you on speaker so you could participate via phone. Mrs. Taylor indicated that the current plans place the larger structure (of the two, with three of the five units) adjacent to us. The larger structure she said is the taller structure, and will be 35'8" tall (30'8" excluding roof.) Both these numbers exclude any dirt mound that will be underneath as it's by the ocean. They are requesting to place the structure at at least some point sixteen feet closer to the property line than the law would otherwise allow. The structures have 6% more roofed area than the zoning allows. The structures are "two stories" with the roof of course expect it to be a three story view blockage. In addition to the two car garage each unit will have, they will additionally be placing four outdoor parking spots, two of which will be readily visible from the street (almost on it). The five units the developer is building will have access to the pool facilities of the seahorse across the street. Father you asked if I think we should be alarmed, maybe. As there is little to nothing we can probably do about it maybe we could settle with their zoning variances in exchange for otherwise unpaid deeded access to their pool and beach facilities. (It's not like it would cost him anything and we're probably the only real potential impediment to his plans approval.) P.S. Mrs. Taylor (Gulfstream town hall) says that for deeded easements, like the Ballantine Easement (North side of seahorse complex?), Florida law doesn't allow for the public to use it. She also said that Polo Ridge has deeded access already to the Ballantine easement. On 4Aug, 2012, at 3:36 PM, Brent R. Grover wrote: Is That would be great. I have a phone meeting with Ron Pedersen and Glenn Weber late Monday afternoon. Let me know what you think about the plans, if we should be alarmed. Dad Brent R. Grover Adjunct Professor, Case Western Reserve University Weatherhead School of Management EVERGREENCONSULTING, LLC 29525 Chagrin Boulevard, Suite 214 Cleveland, OH 44122-4601 oroinnIn Page 4 of 6 T (216) 360-4600 x101 F (877) 827-1469 C (216) 973-0007 E brent@evergreen-consulting.com W www.everareen-consultng.com <Brent R. Grover.vcf> PLEASE NOTE: This email, including attachments, is the CONFIDENTIAL information and property of Evergreen Consulting, LLC ("Evergreen"). The information is intended for use solely by the addressee(s) or entity(s) named in the message. If you are not an intended recipient or you received this in error, any review, printing, copying, or distribution of any such information is prohibited. Please notify the sender immediately by return email, then remove this information completely from your system. Evergreen accepts no liability for the content of this email, or for the consequences of any actions taken on the basis of the information provided. Finally, although Evergreen takes reasonable precautions to ensure this email is virus -free, you/your system should check this email and any attachments for the presence of viruses. Evergreen accepts no liability for any damage caused by any virus transmitted by this email. Thank you for your cooperation. On Aug 4, 2012, at 8:23 AM, Robert Grover wrote: I'll attempt to get copies from the townhall Monday and take them to staples and scan them, then email to everyone I agree he is trying to pull another one across, this person has already violated laws and I wish we could make him tear it down and rebuild it to comply with town standards as opposed to being in spirit with them On 3Aug, 2012, at 8:39 PM, Brent R. Grover wrote: W Don't think it will block our view but it may infringe on our privacy. Could you go to village hall and look through the plans, maybe attend the meeting? How tall? How close to lot line? Parking? Brent Brent R. Grover Adjunct Professor, Case Western Reserve University Weatherhead School of Management EVERGREENCONSULTING, LLC 29525 Chagrin Boulevard, Suite 214 Cleveland, OH 44122-4601 T (216) 360-4600 x101 F (877) 827-1469 C (216) 973-0007 E brent@evergreen-consultina.com W www.everQreen-consulting.com <Brent R. Grover.vcf> PLEASE NOTE: This email, including attachments, is the CONFIDENTIAL information and property of Evergreen Consulting, LLC ("Evergreen"). The information is intended for use solely by the addressee(s) or entity(s) named in the message. If you are not an intended recipient or you received this in error, any review, printing, copying, or distribution of any such information is prohibited. Please notify the sender immediately by return email, then remove this information completely from your system. Evergreen accepts no liability for the content of this email, or for the consequences of any actions taken on the basis of the information provided. Finally, although Evergreen takes reasonable precautions to ensure this email is virus -free, you/your system should check this email and any attachments for the presence of viruses. Evergreen accepts no liability for any damage caused by any virus transmitted by this email. Thank you for your cooperation. On Aug 3, 2012, at 5:13 PM, Robert Grover wrote: n in in n 1 n Page 5 of 6 I think anything other than two single family homes is unacceptable. As I understand it he is already in breach of the codes across the way as his design is larger than it was supposed to be. It's time some endangered animal was found there! (Did Ron talk to you about this? I think this looks like a significant blow to the property value as it will almost certainly block all of what's left of the view. Do we have some type of airrights that we could defend here? Rob On 3Aug, 2012, at 5:03 PM, Brent R. Grover wrote: 0 I need your help with this. Let's discuss. Dad Sent from my iPhone Begin forwarded message: From: Gulf Stream Civic Association <cscal956@amail.com> Date: August 3, 2012 1:40:18 PM PDT To: brent@evergreen-consulting.com Subject: IMPORTANT August 10 Commission Meeting Reply -To: gscal956@gmail.com August 10 Town Commission Meeting 9am at Town Hall, 100 Sea Road Dear Gulf Stream Civic Association Member: Once again, important issues will be discussed/resolved during the historically quiet August Commission Meeting. We recognize that most of our residents cannot attend, but if anyone has strong feelings on a particular subject, they are encouraged to contact the Town prior to the meeting. Commission Appointments: In accordance with the Town Charter, the three remaining Commissioners will appoint replacements for the seats vacated by the late Mayor Bill Koch, and recently resigned Vice Mayor, Fritz Devitt. Mayor Joan Orthwein has written a letter to all residents asking for input on this process. Two candidates, Bob Ganger and Tom Stanley, remain available for the seats, and both have received broad community support. Unless advised otherwise by the Town Attorney/ Parliamentarian, new candidates who receive at least two votes will be sworn in and seated on the Dias. It is unclear whether or how the appointment of a new Vice Mayor will be handled at this meeting. As a reminder, these appointments are to serve out existing 010Inni n Page 6 of 6 Commission terms until March, 2014. Anyone wishing to run against interim -appointed Commissioners will have the opportunity to seek an election in March, 2013. Architectural Review & Planning Board Recommendations: Two site plans will be reviewed by the Commission, (1) a routine application asking for permits to renovate the historic home of Tom and Kirsten Stanley, and (2) an application for five residential units -- described as five 2 -story villas (a duplex and a triplex), to occupy the grounds of the former Sea Horse tennis courts. The latter application began its life several years ago, when the property was located in the Unincorporated County Pocket. After Annexation, the Town has worked with the developer to provide site plans more in keeping with the Gulf Stream Design Manual, and with relevant codes and ordinances. The ARPB was not unanimous in its recommendation to approve the site plan, and the Developer accepted the challenge of trying to conform with the letter and spirit of Town design codes. This is the last empty lot zoned for Multi Family use in Gulf Stream. As always the public is invited to attend the meeting and comment. Please contact the Civic Association, 274-6491, for more details. Forward email VSafe C tCOr1W' This email was sent to brentCd)evergreen-consulting.com by gsca19560gmail.com Undate Profile/Email Address I Instant removal with SafeUnsubscribe'" I Privacy Policy. 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B® -0x lie 113.1 ;y s®• I I I 014,NVZe k, mv Gov -4 q --------- -----. __ _ — — _ . / i Cr) dmva .f-i+anc ari[RN ACW dYJvrb►'A9 6.i[ umm ASW v s roiaala�vnrr�e murr�_7- ' "g �'m,, mr�-� , -491111=11. -�-1033 6L61 ' ome ONOO AHO1S L I Loci � 3S!YJH Sdt91'i)3� � b 'V � 1 � I io armr 3 g b h 1 •Ifs• 3,DyLGb N 1 � 1 JJO71A9a1ap10D AMWIOr3J�7 — — _ —� 3KWW UM►7 CM 4'O Ir USM S -Sl a•oroba-ad 31VQd1 906\AW\W OH V3L--LLa4-00\aaas\a VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Scott Morgan Paul Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Ann Aker George Delafieled September 19, 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, SEPTEMBER 27, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 7-26-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. October 25, 2012 @ 8:30 A.M. b. November 15, 2012 at 8:30 A.M. C. December 27, 2012 @ 8:30 A.M. d. January 24, 2013 @ 8:30 A.M. e. February 28, 2013 @ 8:30 A.M. f. March 28, 2013 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Its 4, 5 & N 92' of It 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. 2. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a partial two-story Bermuda style single family dwelling, 3 car garage with bonus room above, 8,603 square feet, and a swimming pool. 3. An application submitted by Seaside Builders as agent for Harbor View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, AGENDA CONTINUED legally described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PRMIT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape material. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two-story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. 4. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1222 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 3 Hidden Harbor Estates Plat Two, according to the plat thereof as recorded in Plat Book 15, Pages 173 and 174, Public Records of Palm Beach County. a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a partial two story single family Bermuda style dwelling, a 3 car garage with guest suite, a detached outdoor seating area, a total of 9,229 square feet, and a swimming pool. Reorganization A. Election of B. Election of Items by Staff. of ARPB. a Chairman a Vice Chairman Items by Board Members. Public. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA, ON THURSDAY, JULY 26, 2012 AT 8:30 A.M. IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. 8:30 II Call to Order. Chairman Ganger called the Meeting to order at A.M. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Robert W. Ganger Scott Morgan Tom Smith Malcolm Murphy Thomas M. Stanley Paul Lyons Amanda Jones William H. Thrasher Rita L. Taylor John Randolph Roger Cope, Architect Cope Architects Benjamin Shrier, Arch Affinity Architects Jeff Brophy of Land Design South Robert Vale, Koller Jim Boyce, Kast Const Chairman Vice -Chairman Board Member Board Member Alt. Member sitting as Board Member Board Member Alt. Member Town Manager Town Clerk Town Attorney Agent/Tom Stanley Agent/4001 N. Ocean W. Agent/4001 N. Ocean W. Rep. 4001 N. Ocean W. Rep. 4001 N. Ocean W. III. Minutes of the Regular Meeting and Public Hearing 6-28-12. Vice -Chairman Morgan moved and Mr. Smith seconded to approve the Minutes of the Regular Meeting and Public Hearing of June 28, 1012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. No meeting in August b. September 27, 2012 @ 8:30 A.M. C. October 25, 2012 @ 8:30 A.M. d. November to be determined e. December 27, 2012 @ 8:30 A.M. Clerk Taylor said the Town Commission will not be changing their November Meeting Date and she suggested that the ARPB act today on scheduling their November Meeting. Mr. Smith suggested Thursday, November 15, 2012 at 8:30 A.M. There was no further discussion. All agreed. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 2 VI. PUBLIC HEARING. A. Applications for Development Approval Chairman Ganger asked for declarations of ex -parte communication concerning either of the applications being heard. Chairman Ganger stated that he was involved in discussions at the beginning of the development of 4001 N. Ocean Blvd. East, which was over a year ago, and he said it would not pertain to this matter. There were no other declarations of ex -parte communication. Tom Stanley, ARPB Alternate sitting in as Board Member, stated that he is the owner of the property located at 3524 Oleander Way, he recused himself from that portion of the hearing and left the room. Clerk Taylor administered the Oath to: Roger Cope of Cope Architects, Agent for Stanley; Ben Shrier of Affinity Architects and Jeff Brophy of Land Design South, Agents for 4001 N. Ocean West; Bob Vale of Koller Homes; and, Serge Della Ville, Gulf Stream Resident. 1. An application submitted by Roger Cope, as Agent for the owners, Thomas & Kirsten Stanley, of property located at 3524 Oleander Way, Gulf Stream, Florida, which is legally described as Lot 57, Gulf Stream Properties No. 2 together with that portion of the South half of the right- of-way known as Pandanus Rd. lying North of adjacent Lot 57, Gulf Stream, Florida. a. SPECIAL EXCEPTION to permit air conditioning equipment to encroach approximately 2' into the South side setback. b. DEMOLITION PERMIT to remove a portion of existing West wing and the existing one car garage. C. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit demolition of a portion of the West wing and existing one car garage, the addition of a two car garage and expansion of the West wing, a total of 1,492 sq. ft. to the existing 1 -story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment. Roger Cope of Cope Architects introduced himself and stated that he is representing Mr. and Mrs. Stanley in the renovation of their home. He said it is a sprawling, very linear home with a swimming pool in the rear. Mr. Cope said they are proposing a modest renovation of the historic Polo Cottage which is just south of Gulf Stream School. Mr. Cope said Gulf Stream Rd. runs along the rear of the property where most of the proposed improvements will take place. He said the existing 1 - car garage will be expanded to a 2 -car garage, and the existing rear wing, which includes a bedroom, bathroom, a laundry facility and a breezeway, will be deconstructed to make it about 4' wider and slightly longer, and the breezeway will cut through from the new garage to the swimming pool. Vice -Chairman Morgan asked where the bulk of the additional square footage will be going. Mr. Cope said the garage is doubling in size, so the bulk of the additional square footage is the garage and the strip Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 3 that will be added to the West wing. Mr. Smith asked if they will be replacing the roof. Mr. Cope said the existing asphalt shingle roof is too low and will be coming down, but he said they will match the existing material. He said the windows in the new wing and garage will match the esthetic look of the existing single -hung aluminum windows, and the existing exterior color of the house, which is white, will not change. The breezeway will be open-air, but covered, and there will be French doors going into the kitchen area of the wing. Mr. Cope said they are asking approval to allow the A/C equipment to sit outside of the garage and encroach 2' into the south side setback; however, he said there will be no infringement on the neighbors. Members of the Board agreed that the proposed improvements will preserve and enhance the property. Chairman Ganger said this home may have once been used as living quarters for the polo groomsmen and it is one of the 10 oldest homes in Gulfstream. There were no further comments from the Board, Staff or the public. Mr. Smith moved and Mr. Murphy seconded to recommend approval of a special exception to permit air conditioning equipment to encroach approximately 2' into South side setback. There was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy seconded to recommend approval of a demolition permit to remove a portion of an existing West wing and the existing one -car garage. There was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy seconded to recommend approval of a Level III Architectural/Site Plan based on a finding that the proposed demolition of a portion of the West wing and existing one -car garage, the addition of a two -car garage and expansion of the West wing, a total of 1,492 SF to the existing 1 -story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment meet the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Mr. Stanley returned to the Dias. 2. An application submitted by James Boyce as agent for OK Seahorse, LLLP, owners of the property located at 4001 N. Ocean Blvd. on the West side of State Road A1A, legally described in metes and bounds. a. The construction of two buildings, one of Georgian anc one of Anglo Caribbean architectural style, containing a total of five 2 -story villas. Mr. Randolph said the Board has before them the signed Stipulation and the Memorandum from Mr. Thrasher. He explained that the applicant had vested rights under Palm Beach County and now, as a result of the annexation, the Town's Zoning Code applies. Mr. Randolph provided some history saying that the applicant submitted a preliminary plan months ago which was not acceptable. The Mayor and Town Staff met with the applicant, they negotiated with them for several months, and now they are back with a new proposal. He said they were entitled to seven units under Palm Beach County, but only five units under the Town's Code. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 4 Mr. Randolph said they compromised on design and density, the design and density have come a long way and they are now proposing five units. He said to avoid further dispute, this will be presented to the Commission as a compromise settlement, and he said the Board's action today is to review the application and make their recommendations to the Town Commission. Vice -Chairman Morgan asked where they compromised. Mr. Randolph said the compromise was the number of units per acre, the architectural design, and he said the setbacks were greater in the previous design. Chairman Ganger reminded the Board that the 4001 N. Ocean Blvd. project was opposed by the Community prior to the annexation and the developers worked with the Town and made compromises at that time. He said this design has come a long way from the original idea for developing the west side of A1A, which did not come close to compliance with Town Code. Benjamin Shrier of Affinity Architects introduced himself. He said the structure was divided into two masses to appear more like two single family homes, one of Georgian architecture and one Anglo Caribbean. Mr. Shrier said each structure is rectangular in configuration, they will have simple facade treatment, and they reduced the visibility of the garages from the street. He said the 2nd story mass was reduced to 700 of the 1st floor and the height restrictions have been met, with one structure at 30'8" and the other at 32', and he said there is a 2 -story eave height of 22'. Mr. Shrier displayed a drawing showing the height comparison to the neighboring structures which indicated that the two structures are shorter than adjacent structures. Other drawings showed the entire site with the Georgian structure to the north and the Anglo structure to the south, and proposed landscaping along the front of the property which faces A1A. Chairman Ganger said he would like to see a drawing showing what will be behind the structures. Mr. Shrier said the landscape drawings will show what the rear of the structures will look like. Mr. Smith asked if the mass of the structure will fit inside the smallest line of space. Mr. Shrier said the smallest line occurs along the 2 -story portions, and in order to avoid seeing five garage doors directly facing Ocean Blvd., two free standing, one-story garage structures were designed to place one at each end of the property. Mr. Smith asked if the entrances to the property will line up with the entrances to the property on the East side of A1A and Mr. Shrier confirmed that. Chairman Ganger asked if the West side residents will have access to the East side amenities. Mr. Vale stated that they will have beach access and access to the pool and fitness center. He also stated that FDOT permit requires that the entrances on both the East and West sides of A1A are in alignment. Jeff Brophy of Land Design South introduced himself, he displayed the proposed landscape graphic, streetscape and a rendering of the landscape you will see when driving by the property. He displayed a rendering of the interior landscape plan and the front facade of the structures, and he said the formal landscaping will be along A1A and in the front of the property. Plantings at the north and south corners of the property will be very heavy to provide adequate screening of the garages, a line of Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 5 Australian Pines and a 4 -foot Ficus hedge will be planted along ALA, with canopy and flowering trees at the north and south corners. Mr. Brophy said there will be accent palms and plants at all unit entrances, with shorter palms along the structures, Sea Grapes will be planted along the north and south elevations, and lush plantings and flowering trees will be located in the rear of the property, along with a 4 -foot retaining wall to provide screening and privacy. Each unit will have a private patio, a small sod area and a modest pool. Mr. Brophy said the private courtyards have individual gate systems and guest parking, the two accessory garages structures have separate gate systems and guest parking and there is another guest space in the open court. Each garage is a 2 -car garage, except for one interior garage which holds 2 cars and a golf cart. Mr. Brophy said the idea was to create the court, turn the garages in on the project, place the accessory garage structures at the north and south corners and turn them in as well. He displayed a simplified drawing of the setbacks for the units and the accessory garages saying that they met the 78' setback from the center line of ALA, and the 25' rear setback for each unit. Each end unit has a 20' setback from the property line. The accessory structures have a 60' setback to the center line and a 15' side setback to the north and south. Mr. Smith asked if there is living space above the inside garages and Mr. Shrier said there is no living space over the garages. Mr. Smith asked if the two accessory garage structures would have ordinarily been approved. Mr. Thrasher said, due to the size of the accessory garages, they are not minor accessory structures in single family terms, but if they were single family structures the 15' setback would be acceptable. He said the tradeoff is that the garages would not face the street and the architects said they could do that, but there would have to be a give and take on the setbacks. Chairman Ganger commented that Polo Ridge could not get equipment between the structures and the property line when painting their soffits, and he said they asked L'Hermitage if they could bring the equipment on their property. He asked if there would be similar issues with their side setbacks. Mr. Brophy said it is a normal side yard with 15' and 5' of buffer. Vice -Chairman Morgan commented that the Developer has made substantial attempts to comply with Town Code, and he asked Mr. Thrasher if there were other inconsistencies besides the garage setbacks. Mr. Thrasher referred to the second sentence of his Memorandum which states that the proposal complies with either the County's land use regulations as of the date of annexation or the land use regulations planned for the West parcel by the Town. He said there were inconsistencies such as front setback of garages, maximum building lengths, maximum facade length without breaks, lot coverage, landscape buffer and percentage of glass on the west elevation. Mr. Smith asked if there were any comments from neighboring properties. Clerk Taylor said 50 notices went out to neighbors and only one neighbor responded, and she said he is present today. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 6 Chairman Ganger asked how many single family homes would Town Code have allowed and Mr. Thrasher said two would have been allowed. Mr. Thrasher asked Mr. Brophy what density would have been allowed by County Code and Mr. Brophy said seven units would have been allowed and they would have allowed more lot coverage than the Town. Mr. Thrasher said the Town's allowable height restriction 35' and they are proposing between 32' and 33', and he added that the layered and intensive landscape plan, which will include over 120 trees, is a result of discussions with the developers. Vice -Chairman Morgan asked how the design of the buildings would be affected if they brought the lot coverage back to the required 300. Mr. Shrier said they would lose significant portions of the units. Chairman Ganger asked about the size of the units. Mr. Shrier said they range in size from 3,521 SF to 3,912 SF, excluding covered patios and garages. Chairman Ganger asked about the exterior color. Mr. Boyce said it will blend with 4001 N. Ocean East, which is a creamy tan. In closing, Mr. Vale said the developers and architects worked closely with Mayor Koch, Mr. Randolph and Town Staff and they have complied in every possible way. He thanked everyone for their assistance and cooperation in allowing them to get to this point. Serge Delaville of 425 N. County, located just behind the subject property, said as long as the Town is going to do what is best for Gulf Stream, he is not against this project. However, he said neighboring residents were inconvenienced during the construction of 4001 N. Ocean Blvd. with noise and heavy dust. Mr. Delaville said it would have been helpful if residents were better informed during that project. He said a temporary fence was installed, but most of the noise came from the construction trailers during the night and early morning. Mr. Delaville said residents were hoping for a smaller project with a more charming look on the west side. He asked that neighboring residents be better informed of what to expect and when during the construction. In closing, Mr. Delaville wished everyone good luck with the project. Chairman Ganger said, during the construction of 4001 N. Ocean Blvd. East, Bellamar and Ballentrae were in constant contact with the Koller Group and they had Koller attend HOA meetings so that they were aware of everything that was going on. He requested that, as best as possible, construction schedules be made available to residents. Mr. Thrasher said the Town will do whatever they can to give proper notice. Mr. Delaville asked who owned the path to the beach. Tom Hill, Property Manager of Ballentrae, stated that it is their property and it is not a public right-of-way. Vice -Chairman Morgan said he was not aware of the lengthy conversations between Mayor Koch, Town Staff, Town Attorney and the developer of the property, and he said it strikes him that this comes to the ARPB as a late July submittal. He said the issue is whether the applicant received vested development rights when they purchased the property, and whether or not the vested development rights continue on through an annexed property like Gulf Stream. Vice -Chairman Morgan said he would think those rights would not apply to annexed property in a new town, Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 7 that is the Town did not change the Code, but the property was brought in by popular vote into the new Town and, therefore, should be covered by that Town's legitimate Code. He said the key to our land development Code is lot coverage and he views this as another congested property being placed within the Town. Vice -Chairman Morgan said it needs to comply with our Code in every way. He said the design is good, the landscaping is well done, but he said it is the mass that bothers him. Mr. Randolph said the annexation statute provides that, after a property is annexed, the regulations of the entity of which they were in prior to annexation travel with the land until the Town makes their decision otherwise in its Code. He said the applicant submitted their application prior to the final reading of the changes to the Code. Mr. Randolph said, with regard to lot coverage, some of the discrepancies already existed in our Code when they came in under annexation. Mr. Smith commented that neighbors will be impacted by this construction and finished project, and he said he would have preferred to have heard from more residents before making a decision. He referred to the Spence property where feedback from residents came in after the fact because everyone was gone for the summer. Mr. Smith asked the developer when he would like to start the project if this is approved within the next couple of months. Mr. Vale said they wanted to start the project while they had personnel on site and hoped the project would be complete by this time next year. He said this was not intentional timing, it just took a while to get to this point. Mr. Stanley said a 3 -unit building is not as appealing as a single family home and mass is somewhat questionable, but he said the height is good and there is adequate parking with the garages. Mr. Murphy commented that this is a unique situation and it seems there has been a lot of bending to accommodate. Chairman Ganger asked the developer if they could provide something in their presentation to the Commission that will offer a better understanding of what the project will look like. Mr. Vale said they will use today's feedback and will provide additional graphics. Mr. Stanley moved to recommend approval of the construction of two buildings, one of Georgian architecture and one of Anglo -Caribbean architecture, consisting of a total of five 2 -story units, at 4001 N. Ocean Boulevard West (West side of A1A). Mr. Randolph said that Mr. Thrasher wanted the stipulation to be approved, but he said all that was needed is the way the motion was stated. Mr. Stanley amended his motion as follows: Mr. Stanley moved and Mr. Murphy seconded to recommend approval of the proposed architectural design and site development plan after the stipulation agreement has been signed and recorded, in regard to the construction of two buildings, one of Georgian architectural style and one of Anglo -Caribbean architectural style, consisting of a total of five 2 -story units, at 4001 N. Ocean Boulevard West (West side of A1A). There was no discussion. Roll Call: Mr. Stanley, AYE; Mr. Morgan, NO; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed by a vote of 4 - 1. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 8 Chairman Ganger asked the Developer to provide more information in their presentation to the Town Commission on August 10th to give them a better idea of what the finished product will look like. VII. Items by Staff. There were no items by Staff. VIII. Items by Board Members. There were no items by Board Members. IX. Public. There were no items by the Public. X. Adjournment. Mr. Smith moved and Mr. Murphy seconded to adjourn. The Meeting was adjourned at 10:25 P.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-10 Address: 1230 North Ocean Blvd. Proposed Improvement: Approvals Requested: Owner: Harbor View Estates, LLC Agent: Seaside Builders, LLC Construction of a partial two story single family Bermuda style dwelling N. Ocean Boulevard Overlay Permit: To allow the removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and the installation of a 6' high aluminum rail fence 12' west of the east property line that will be screened with landscape material. Level III Architectural/Site Plan: To permit the construction of a partial two story single family 8,857 Colonial West Indies style dwelling, attached 2 car garage, with 6' walls and fences, screened with landscape material around the property and a swimming pool. Gross Lot size: 36,402 SF Effective Lot Area: 36,402 SF Proposed Total Floor Area: 8,857 SF Allowable: 9,880 SF Zoning District: RS -0 Height: 28'4" (roof height <_ 30' Preferred) Finished Floor: 12.0' NGVD Issues Considered During Review: Marty Minor of Urban Design Kilday was asked to provide a report on the architectural style. This report is attached. Note: Although Mr. Minor recommends approval, page 3 of his report suggests something different, "Architecture ... Although a half moon window is not common within the Colonial West Indies architecture, the architect and independent research has confirmed that half-moon windows are used within the style as special feature." Because it is not common and could be considered a special feature, the half moon windows should be replaced with other type windows as demonstrated on the single story portion of the proposed structure. Article VII. North Ocean Boulevard Overlay District Section 70-67 Effective lot area Section 70-70 Floor area calculations Section 70-74 Setbacks Section 70-100 Roof and eave heights Section 70-187 Table of district standards Plat 2 Architectural Review and Planning Board ARPB File -#012-10 ARPB September 27, 2012; TC October 12, 2012 Page 3 any hedges to be maintained at a height of no less than 6', and further provided that a 6' temporary construction fence with screening material attached be installed inside the buffer area. (5-0) Town of Gulf Stream TOWN OF GULF STREAM ► RECEIVED q AUG 15 2w t TpW ,.,. n of Gulfstream, FL, APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. To be completed by all applicants. A. Project Information I.A.1. Project/Owner N PART II. GENERAL INFORMATION ARPB File ## )- 1-0 1-J(2' LA.2. Project Address: /\J si vo I.A.3. Project Property Legal Description: 9 a- 04-h I.A.4. Project Description (describe in detail, including # of stories, etc.) 0 I.A.5. Square Footage of New Structure or Addition: _6181f-7 Architectural Style: _in�6�) � aA wes-- Im S 1.A.6. Check all that apply: ❑ Architectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures ❑ Non-residential uses ❑ Variance (complete section G) ❑ Special Exception (complete section .E) 1.A.7. (a) Proposed F.F.E.: 1 9 . ao Type of Foundation:il�l.�C B. Owner Information I.B.1. Owner Address:_+N Qr'hfj- V i 1.6.2. Owner Phone Number. 2-� 2 - � Fax: � - 44 ----�/ 1.B.3. Owner Signature: C. Agent Information I.C.I . Agent Name and Firm Name: I.C.2. Agent Address: I.C.3. Agent Phone Number: (o) o�-�� "T-15Cj cell7%� . �� U"N+ Fax aR 1.C.4. Agent Signature: A jyyjyY�f�_ Pre -App Date: App Date: — Com Date: _ Decision: Official Use Only ARPB Date: Recommendation: TC Date: Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Legal Description LOT 6, HIDDEN HARBOUR ESTATES PLAT TWO BEING A REPLAT LOTS 4,5 AND 6, GOLF COURSE ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 75 (P.B.C.P.R.) AND TRACT A, HIDDEN HARBOR ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110 (P.B.C.P.R.) ALL BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA APRIL 2011. Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and comple question number for each response. te A. Project Description and Justification III.A.1. In what zoning district is the project site located? �a 2 west III.A.2. Is the project compatible with the intent of the zoning districtX-Y es ❑ No Explain. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan ?yYes ❑ No Explain. III.A.4. Flow are ingress and egress to the property to be provided? (,L` A�t n 1.- \ a SII /- n C' _t .) _ I, .-, I I - III.A.5. a. b. e f. 9 h How are the following utilities to be provided to the orooerty? Stoi San Poti Irrig Elec Tele Gas Cab III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does the project involve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? 9Yes ❑ No (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes ®'No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an exist �?Novacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? ❑ Yes Y"No (If "Yes", section E of this part must be completed.) IV.A.6. Is the projet at variance with any regulations contained in the Zoning Code? ❑ Yes No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Town of Gulf Stream B. Projects Requiring North Ocean Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be-tffstnrtTeZl or added and to what extent? Q lum. t'�1t I I'LG Gno� 1,tSWI CX4ens.rz- IV.B.2. Describe the need and justification for the dLgIu4aawe/addition: CA -P I <zz n, 0 -,- r �-P d f 0 S" d'e- 0-C-0- IV.B.3. Will the disturbance/addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? YesE) Explain: n-Qw %Auy Id -eAn t} PLS " Q ql IV.B.4. How is the design consistent with the AIA Landscape Enhancement Project? rxvi dk qoe IV.6.5. What mitigation is proposed so that the disturbance/addition has the least imnar-+ the visual and aesthetic quality of the North Ocean Boulevard Overlay District: a& Fvi reiyoto a-- Ao'S g n ee e,*v a -h s 4- v -a h i r rr�,eo - d n c-hv s-PQC-.-I \P-5 C. Projects Requiring a Demolition Permit IV.C.1. When are the existing structures to be demolished? /VJ A IV.C.2. When are the proposed structures to be constructed? IV.C.3. What is the landmark status of the structures to be demolished? D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard Overlay District: '50 VI Q -2�Ci S ilY`ar (`C''1., (� PQ J c IV.D.2. Describe the need and justification for the removal/relocation: 433 - )oyz e- IV.D.3. How is the removal from the project site of vegetation to be mitigated: �� j�i1f 't7 ti feQu� , Yl ©� RA%e r e)cte.n 51,.o Vl c`4'i v� 1-�l�n-I-rin� IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? X12 �_ _ � r- , - _ n IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 HIDDEN HARBOUR ESTATES LOT -6 1J � r o soft fern acadia white WALLS TRIM N 1P\ RECEIVED AUG 2 3 2012 Town of Gulfstream, FL ailllllll='" �� L L ��- L L F w 0 C / ) U - C ' 1 C y C / ) 0 �� F - ��' - L L L L C f O L L z N C / ) d - U ) O U ) C 1 U ) r r - t i 0 0 O C ��t N O �� O C 6 F - W U ) C Y L ~ L C �� C �� L ~ L L ~ L U ) U ' C i L ~ L C �� U , F - - L L L ~ L C �� U ) F L L U ) Z N o ( n U ) U ) L o c D U ) 0 0 c n U ' U ) i ( 1 d t i c o o L ` c o t i O m t i L t i c o o a o o o ` o o 0 0 O L ~ L L ~ L L ~ L U - L L L ~ L L ~ L L ~ L L L L L L L L O w d ��U ' C ��' 1 d ��U ' ��U ' o O O O O O O O O O V 1 w w �� Q L ~ L L - L L L L L L L L L L L L . L L C 1 C l z L L L L L L L L L L L L L L L L d 0 ( 1 4 N U ) U C j U ' d d U ' U ' d d d �� N �� C V ) O O O w U ) U ) 0 U ) O U ) U ) U ) U ) U ) U ) U ) O c o O N M O 0 0 t i M N ( D ( D O O O O O O O M C h O C h O N d ' V I - ~ t i O W Q C C Q J Z ) L a L I Z O ? = ( / ) Z O O p Z U C V ��_ [ C O u i 2 i W F - W w Z N Z W O w W W Q m o A U ) X w w L L O a Q 0 - 1 0 - Q O D C ) ( 7 Z Q w �� �� W �� 1 � L W Q w Q w W �� Z 0 ��- ' Z ( D w C ) U Y 2 �� �� o O Q w W W W U U O z L o Z ~ > W > Z F - Q < M N m Q Q o C ) F - F - > > w O > O � Q X X Q �� Z o Z W U > O _ O w - W O n �� O o o Q X J w ��< J > F - J p O C D Q O w O w 0 2 O ( n o m C 7 U ) w w J J L L - N J Q 2 w w N J Q z - i w �� Z O N < < O L L - L L �� Q F - U ) w 0 O Z O F - ( n O 0 Z Z X Q O F - F - p ��> W O O C i F - w O F - Q U a U W L L U N N Q W U ( D 0 F - L L 0 F - F - �� Q U ) Bill Thrasher From: Marty Minor <MMinor@udkstudios.com> Sent: Friday, September 28, 2012 2:16 PM To: Bill Thrasher Subject: 1230 North Ocean - Two -Story visual variation Attachments: 1230 N. Ocean Blvd 2story memo.doc Bill, A memo for your review and use. Thank you, Marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401-5758 561-366-1100 MEMORANDUM TO: William Thrasher Town Manager FROM DATE: RE Marty R.A. Minor, AICP SEPTEMBER 28, 2012 urban design kilday Urban Planning and Design Landscape Architecture Communication Graphics 1230 NORTH OCEAN BOULEVARD LOT 6 OF HARBOUR VIEW ESTATES (HIDDEN HARBOUR ESTATES PLAT TWO) ■ TWO-STORY VARIATION MEMORANDUM With the recent amendment to the Town's Zoning Code, Section 70-73(b) was adopted to help create visual interest in the two-story elevations for single family homes. This visual interest could be created through variations in the elevations. These variations could include: porches, arcades, balconies or additional second -story setbacks. This code section also allows for the Town Commission to waive this provision if: • The prescribed features are inconsistent with the home's architectural style • or, the desired visual variation is provided through other measures. With regards to the proposed Colonial West Indies home at 1230 North Ocean Boulevard, the desired visual variation is provided through changes in texture and color between the first and second stories. The second -floor exterior walls will be smooth stucco lap siding painted Benjamin Moore Soft Fern. The first story walls will be smooth stucco painted Benjamin Moore Acadia White. This variation of color and texture, in concert with the home's other architectural features, provides the desired visual variation for the home and its two-story elements. As such, I can recommend approval of the waiver referenced in Section 70-73(b) for the proposed home at 1230 North Ocean Boulevard. 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 H:\JOBS\Gulf Stream -94-012\1 230 N. Ocean Blvd\1230 N. Ocean Blvd 2story memo.doc MEMORANDUM TO: William Thrasher Town Manager :a ,I DATE: Marty R.A. Minor, AICP August 30, 2012 urban design kilday Urban Planning and Design Landscape Architecture Communication Graphics 1230 NORTH OCEAN BOULEVARD LOT 6 OF HARBOUR VIEW ESTATES (HIDDEN HARBOUR ESTATES PLAT TWO) ■ REVIEW MEMORANDUM The following is an analysis of the proposed new house at 1230 North Ocean Boulevard. Request The applicant is seeking Level 3 Architectural Site Plan Approval for a 8,857 -square foot, Colonial West Indies home on 36,402 square feet (0.83 acres) on Lot 6 of Hidden Harbour Estates, Plat Two (a.k.a. Harbour View Estates). Background On November 10, 2011, the Town Commission approved the subdivision, site plan, demolition permit, land clearing and North Ocean Boulevard permits for the 6.03 -acre Harbour View Estates project. The subdivision created six, new, single family lots west of North Ocean Boulevard and north of Hidden Harbour Drive. In January of this year, demolition, land clearing and drainage permits were granted. Construction of the site has continued until then. Land Use & Zoning EXISTING USE, ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subiect Site RS -Ocean West SF (Single Family) Lot 6, Harbour View Estates North RS -Ocean West SF (Single Family) Private Roadway and Single Family Home (1304 N. Ocean Boulevard) East RS -Beachfront SF (Single Family) North Ocean Boulevard and Single Family Home (1275 N. Ocean Boulevard) H:\JOBS\Gulf Stream -94-012\1 230 N. Ocean Blvd\1230 N. Ocean Blvd review memo.doc nue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 Mr. William Thrasher 1230 N Ocean Blvd. Review August 30, 2012 Page 2 South RS -Ocean West SF (Single Family) Private Access Road to Consistent? Floor Area Ratio Harbour View Estates and 8,857 square feet of Yes Lot 5 (Vacant) square feet of lot house West RS -Ocean West SF (Single Family) Private Access Drive and Lot 1 (Vacant) Proiect Details The following is an analysis on how the proposed house addresses the Town's development standards. 1230 N. Ocean Boulevard Town Regulation Proposed Plan Consistent? Floor Area Ratio 0.33 for first 20,000 8,857 square feet of Yes square feet of lot house + 0.20 for portion of lot over 20,000 square feet = 9,880 square feet of house allowed Building Height 30 feet 29 feet, 1 inch Yes Maximum Stories 2 stories 2 stories Yes Lot Size 30,000 square feet 36,402 square feet Yes Lot Width 100 feet 114 feet Yes Maximum Second .70 of first floor 2,964 square feet Yes Floor Area area 5,721 square feet of first floor area = 4,004 square feet allowed on second floor Setbacks Front 78 feet from 114 feet from Yes centerline of North centerline of North Ocean Boulevard, Ocean Boulevard, 50 feet from lot line 86 feet, 11 inches from lot line Side Street 30 feet 30 feet and 35 feet Yes Rear 30 feet 59 feet, 11 inches Yes Parking 2 spaces in garage, 4 spaces Yes 2 spaces outside Mr. William Thrasher 1230 N- O-cean Blvd. Review August 30, 2012 Page 3 Access Access to the lot will be through a 30 -foot access easement, which runs from North Ocean Boulevard to the six lots within the Harbour View Estates subdivision. The home, which is proposed to be surrounded by a wall and fence, will be accessed through gated driveway into the lot. Landscaping should be incorporated with the fence and wall design. Elevations of the proposed vehicular gates and surrounding wall will need to be provided for the Architectural Review and Planning Board and Town Commission review. Architecture The proposed 8,857 square foot home features a Colonial West Indies architectural style, which is a preferred architectural style for the Town. The Town -preferred hip and gable roofs feature a flat gray blend concrete tile. The eave heights are consistent with preferred elements of the Town Code. The building walls will be a smooth stucco finish with the second floor exterior walls treated as simulated lap siding. The proposed building colors are: • First Floor: Benjamin Moore Acadia White #AC -41 • Second Floor: Benjamin Moore Soft Fern (2144-40) As preferred by the Town Code, muntins have been indicated for all windows in the proposed house. The windows are rectangular with the exception of the second -story, half-moon, windows on the north and south elevations of the home's great room. Although a half moon window is not common within the Colonial West Indies architecture, the architect and independent research has confirmed that half-moon windows are used within the style as a special feature. As such, the half-moon windows are compliant with the Town Code. Recommendation As described above, the proposed Colonial West Indies style home, as provided by Richard Jones Architecture, at 1230 North Ocean is consistent with the Town Code and Design Manual requirements. As such, the proposed house is recommended for approval. Page 1 of 1 Rita Tayror From: Bill Thrasher Sent: Monday, July 16, 2012 5:03 PM To: Rita Taylor Subject: FW: 1230 N. Ocean Blvd House review sufficiency memo.doc Attachments: 1230 N. Ocean Blvd House review sufficiency memo.doc Progress report on 1220/1230 NOB. I forwarded to the architect and Tom. From: Marty Minor [mailto:MMinor@udkstudios.com] Sent: Monday, July 16, 2012 4:53 PM To: Bill Thrasher Subject: 1230 N. Ocean Blvd House review sufficiency memo.doc Bill, Attached for your review and use is the sufficiency letter for the Epstein residence at 1230 N. Ocean Boulevard. These items should be provided so a full evaluation regarding its compliance with the Town code can be made. Thank you, marty 7/17/2012 MEMORANDUM TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: July 16, 2012 RE: 1230 NORTH OCEAN BOULEVARD ■ LEVEL 3 REVIEW SUFFICIENCY MEMORANDUM urban deign iI Urban Planning and Design Landscape Architecture Communication Graphics Consistent with Section 66-145(c)(6) of the Town's Code of Ordinances, please accept this memorandum as the sufficiency determination for the proposed plans for a single- family home at 1230 North Ocean Boulevard. The following is a list of items, plans and information that are required prior to an evaluation of the Level 3 Architectural review: 1. Correct the FAR calculations on Site Plan, Sheet SP -1, Site Data table. The correct ratio is .033 FAR for the first 20,000 s.f. of lot size. 2. Provide lot dimensions on the site plan. 3. Provide calculations that confirm compliance with the 40% lot landscaped open space requirement. These calculations should include information regarding lot coverage, pervious/impervious areas, and landscaped open space area. 4. Provide dimensions of the proposed driveway, motor court and walkways on the revised site plan. 5. Provide dimensions regarding the length and width of the proposed building on the revised site plan. 6. Provide a landscape plan for the site. Particular care should be used in designing the buffer between the proposed house and the subdivision roadway to the south. Existing and proposed landscape should be identified. 7. On the Floor Plans, Sheet A-1, provide dimensions to the length and width of the building. 8. Please indicate building colors on the elevations, Sheet A-2. 9. Provide dimensions for windows, wall heights and other architectural features and treatments. 10. Please note that a higher percentage of window area than wall area on an elevation is prohibited in the Town Code (Section 70-101(d)(6)). Provide calculations indicating conformance with this Town standard. 11. The large "half moon" window on the second floor of the north and south elevations appear to be inconsistent with size and shape of the other proposed windows and the H:\JOBS\Gulf Stream_94-012\Epstein Residence\1230 N. Ocean Blvd House review sufficiency memo.doc 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 Mr. William Thrasher July 16, 2012 1130 N. Ocean Blvd. Residence Review Page 2 architectural style. Consider replacing these windows with windows more consistent with the architectural style. 12. Provide an elevation of the entry door. 13. Provide a digital copy in the .DWG format. Once this information is provided, the application will be complete and an evaluation and recommendation can be made regarding this request. If you have any questions or comments, please feel free to contact me at any time. Richard Jones ARCHITECTURE AA26001617 1 IB26001056 10 S.E. FIRST AVE DELRAY BEACH FLORIDA 33444 15612749186 1 www.rjarchitecture.com Please see attached responses to comments for Hidden Harbour Estates Lot -6. 1. Correct the FAR calculations on Site Plan, Sheet SP -1, Site Data table. The correct ratio is .033 FAR for the first 20,000 s.f. of lot size. The FAR calculations have been provided determined on effective lot area and are shown on sheet SP -1. 2. Provide lot dimensions on the site plan. Lot dimensions have been provided on the site plan sheet SP -1. 3. Provide calculations that confirm compliance with the 40% lot landscaped open space requirement. These calculations should include information regarding lot coverage, pervious/impervious areas, and landscaped open space area. Full calculations have been provided on SP -1 4. Provide dimensions of the proposed driveway, motor court and walkways on the revised site plan. Dimensions have been provided on sheet SP -1. 5. Provide dimensions regarding the length and width of the proposed building on the revised site plan. Dimensions have been provided on sheet SP -1. Richard Jones ARCHITECTURE AA26001617 1 IB26001056 10 S.E. FIRST AVE DELRAY BEACH FLORIDA 33444 15612749186 1 www.rjarchitecture.com 6. Provide a landscape plan for the site. Particular care should be used in designing the buffer between the proposed house and the subdivision roadway to the south. Existing and proposed landscape should be identified. Refer to landscape plans prepared by Dave Bodker. 7. On the Floor Plans, Sheet A-1, provide dimensions to the length and width of the building. Dimensions have been provided on sheet a1 -a2. 8. Please indicate building colors on the elevations, Sheet A-2. Building colors have been listed on the elevation sheets and color chips have been provided. 9. Provide dimensions for windows, wall heights and other architectural features and treatments. dave bodker landscape architecture/planning inc. 601 n congress avenue, suite 105 a delray beach, florida 33445 561 .276.631 1- (fax) 561 .276.3869 August 28, 2012 Bill Thrasher Town of Gulf Stream 100 Sea Road Delray Beach, FL 33483 RE: Epstein Residence 1230 N. Ocean Blvd (Lot 6, Hidden Harbor Estates) RECEIVED ., AUG302012 TOwn Of Gulfstream, FL We have revised the hardscape and planting plans for this residence. The overall height of walls, columns and railings, including any lights and wall or column caps, will be 6'. 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"M NEVOMM FLORIDA CERTIFICATE OF AUTI�YM N. 8505 Ir, altr lie G� Way Doi FloridaFlorlcla 33444 298 Pb7LF Ph (55 ) 7"5DO I= (581) 274-0558 I Pm Cfn= Z OEM < Z o (< ZC j e z' EOe Ftj`J \ > MAP l �O CmG z i W A Z7 5�x� 4Qoo$ �ZP N z Se m npti3 \ (7 D Q, z o I II=11 V) _ i rn I X —II I S m r r m 0> N �o< I II—III U Z = siP 'P>� z w m j z ®® gay 1 1 m y 1 —� I I—I 1 P z ; 4 �?TN yn N Z <> s T mc� o° co P. i p 4 I IF9 I T III PPPP o Tm zOz I (- 00 Z m —1 pp�e � � L Z g ' 2• YeL $E \P31 N =11 I P 11111111 Ilala P -11_ 111 P m � o Z 0 0 c') O ;� a M cz C o M 0 C e_ 3 m and . N o � ► SEPTIC SYSTEM DETAILS FOR: NUT YAW No DAM REM1013:E,lo.lmlti ,� .y: o m EnviroDesign p w N x\ •• b m f Assoaietes ,„� HARBOR VIEW ESTATES ENGINEERS •ENVIRONMENTAL CONSULTANTS LOT 6 — 1230 N OCEAN BLVD FLDRIUA cennFlcATE or AuniamzAna+ NAd6 GULF STREAM FLORIDA 298 Phsopple Grow Way Delray Beach, Florida 33444 Ja3ElB A. MM P.E.Phone: 581 274-8500 F= � R RED / 4RlM 581 274-8558 v D L33 �>Z m o�a Z Im 96 101 \ m 11M �M z z m v $ m D r °� � 24 wn 4 ro'J�J�� n n m h 0 o g \ <� h Z n n 0 Q\ h n �{ u'1 p yT a o en x 1 O N \ N 7 4 N F de M1il Hwy POLLUTION PREVENTION PLAN FOR:�T LOT 6 —HARBOR VIEW ESTATES 1230 N. OCEAN BOULEVARD GULFSTREAM FLORIDA � m 010�'� Q•, JOSH A. PKL ►.L R KQ 0 42w! MM an '�� If. p FLDRM)A cmnFlCAIE 29B PI,;)wWe Gmw Phone 961 274-8500 (v wI"rla"U'p" N. °'°° Way Ddray Booch• Florldo 33444 Fore 561 274 -OW 17 v , L__ cn O " o A o en x 1 O N \ N ENGINEERS EnviroDesign Associates n . waw.em:aev9n.mm NMENTAL CONSULTANTS POLLUTION PREVENTION PLAN FOR:�T LOT 6 —HARBOR VIEW ESTATES 1230 N. OCEAN BOULEVARD GULFSTREAM FLORIDA � m 010�'� Q•, JOSH A. PKL ►.L R KQ 0 42w! MM an '�� If. p FLDRM)A cmnFlCAIE 29B PI,;)wWe Gmw Phone 961 274-8500 (v wI"rla"U'p" N. °'°° Way Ddray Booch• Florldo 33444 Fore 561 274 -OW TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-11 Address: 1222 North Ocean Blvd. Proposed Improvement: Approvals Requested: Owner: Harbor View Estates, LLC Agent: Seaside Builders, LLC Construction of a partial two story single family Bermuda style dwelling Level III Architectural/Site Plan: To permit the construction of a partial two story single family Bermuda style dwelling, a 3 car garage with guest suite, a detached outdoor seating area, a total of 9,229 SF, and a swimming pool. Gross Lot size: 54,102 SF Effective Lot Area: 39,911 SF Proposed Total Floor Area: 9,229 SF Allowable: 10,582 SF Zoning District: RS -0 Height: 28' 10" (roof height <_ 30' Preferred) Finished Floor: 16.0' NGVD Issues Considered During Review: Effective lot area Section 70-70 Floor area calculations Section 70-74 Setbacks Section 70-100 Roof and eave heights Section 70-187 Table of district standards Plat 2 Motion to recommend approval Level III Architectural/ Site Plan based on a finding that the proposed partial two story single family Bermuda style dwelling, a 3 car garage with guest suite, a detached outdoor seating area, a total of 9,229 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions 1. The electric service lines shall be buried. 2. The roof shall be white (through and through) un -textured uncoated flat cement tile. 3. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 4. Wall and/or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached. 5. All chain link fencing will be screened from neighbor's view Architectural Review and Planning Board ARPB File #012-11 ARPB September 27, 2012; TC October 12, 2012 ARPB Date: September 27, 2012 Action: Level III Architectural/ Site Plan: conditions listed above (4-0). TC Date: October 12, 2012 Action: Page 2 Recommended approval as requested and submitted w/the 5 Level III Architectural/Site Plan: Approved as requested and recommended with the 5 Conditions listed above. (5-0) Town of Gulf Stream TOWN OF GULF STREAM APPLICATION FOR DEVELOPMENT APPROVAL RECEIVED AU(11 - . • 2612 Town of Gulfstream Fl This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. To be completed by all applicants. A. Project Information LA -1. Project/Owner Name: PART 11. GENERAL INFORMATION ARPB File #_ Z _ f /_ I.A.2. Project Address: I.A.3. Project Property Legal Description: P -�-�- �GAO J _Ab?'3 klidden rb fl.�T'-TL' I.A.4. Project Description (describe in detail, including # of stories, etc.) I.A.5. Square Footage of New Structure or Addition: - !� Z ; _ 9 Architectural Style: e Y WA L) q� I.A.6. Check all that apply:XA"rchitectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures ❑ Non-residential uses ❑ Variance (complete section G) O Special Exception (complete section) I.A.7. (a) Proposed F.F.E.: _j0 400 Type of Foundation: B. Owner Information I.B.1. Owner Address: 1 '53� "-S LB.2. Owner Phone Number: ��Z • 9 qrFax: f...) 1.B.3. Owner Signature:����,,,��� C. Agent Information I.C.I . Agent Name and Firm Name: I.C.2. Agent Address: I�� W 9 14 / t, I.C.3. Agent Phone Number: (o) cella'((-WQ 1 OM Fax o�%2 O '7Z I.C.4. Agent Signature: Pre -App Date: App Date: Com Date: _ Decision: Official Use Only ARPB Date: Recommendation: TC Date: Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff Please be concise but question brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete . number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located? n t71� Ccea l7 III.A.2. Is the project compatible with the intent of the zoning district? Kes ❑ No kJ eS Explain. III.A.3. Is the project consistent wi the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan?,es ❑ No Explain. III.A.4. How are ingress and egress to the property to be provided? \/ t C` f(z III.A.6 0 How are the -following utilities to be provided to the ornnPrtAt? Stoi San PotE Irrig Elec Telel Gas Cab If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does the w,(Jj`ect inv ve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? 'es o (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes IO (If "Yes", section C of this part must be completed.) IV -A-3. Does the project involve the clearing or filling of any portion of an existing vPeant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes `kXo (If "Yes", section D of this part must be completed.) IV.A.5. Does thepro�j ct require approval of a Special Exception? ❑ Yes AVO (If "Yes", section E of this part must be completed.) IV.A.6. Is the project a ariance with any regulations contained in the Zoning Code? ❑ Yes o (if "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Legal Description eav� EsT /aT : BEING A REPLAT LOTS 4, 5 AND 6, GOLF COURSE ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 75 (P.B.C.P.R.) AND TRACT A, HIDDEN HARBOR ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110 (P.B.C.P.R.) ALL BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA APRIL 2011. I.A.4 Project Description: Lot 3: The project will consist of a two story residence with Bermuda style influences. It will have a detached 3 -car garage with guest suite above. At the rear of the properly there will be a small outdoor seating structure,will storage below. -,0) A t s r o f Q _ . ��D r �� o o � � R 2 a a L J m ��2 �� < W 1 W h n i ! 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Unfortunately, I was a innocent victim of the developer's failure to live up to agreements that supported the Town's decision to approve subdivision --most important, the stipulation that the arbor canopy not be destroyed for the convenience of the builder. Had the Town even tried to stop the developer from cutting down a magnificent banyan tree directly across from my driveway, I might have been more supportive of the eventual outcome of this project. am hereby requesting that any approved plans for the six residences that will eventually be built in Hidden Estates include a stipulation that the Town frequently inspect the project --on a daily basis, if necessary to assure that the builders are actually abiding by the terms approved by the Board of Commissioners. I do not wish to place undue burden on the Town Staff, but the neighbors cannot be watchdogs, and we do not wish to be subjected to unpleasant surprises that affect the value of our properties and the quality of our lives. Thank you for your consideration. Respectfully, Nancy Touhey 9/26/2012 dave bodker landscape architecture/planning inc. 601 n congress avenue, suite 105 a delray beach, Florida 33x45 561 .276.631 1 • (fax) 561 .276.3869 August 28, 2012 Bill Thrasher Town of Gulf Stream 100 Sea Road Delray Beach, FL 33483 RE: Lot 3, Hidden Harbor Estates 1222 N. Ocean Blvd APPROW"", '"'T OCT 12 2,11 TOWN v g GULF STREAM, FL We have revised the hardscape and planting plans for this residence. The overall height of walls, columns and railings, including any lights and wall or column caps, will be 6'. Any chain link fence on the plan will be black vinyl coated and will be screened from off site view by hedge or vine plant material. 8412_8-28-12_let RECEIVED AUG 302012 lawn of Gulfstream, FL TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-12 Address: 1220 North Ocean Blvd. Proposed Improvement: Approvals Requested: Owner: Harbor View Estates, LLC Agent: Seaside Builders, LLC Construction of a partial two story single family Bermuda style dwelling N. Ocean Boulevard Overlay Permit: To allow the removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. Level III Architectural/Site Plan: To permit the construction of a partial two story single family Bermuda style dwelling, a 3 car garage with a bonus room above, a total of 8,603 SF, and a swimming pool. Gross Lot size: 54,102 SF Proposed Total Floor Area: 8,603 SF Zoning District: RS -O Finished Floor: 16.0' NGVD Issues Considered During Review: Effective Lot Area: 39,911 SF Allowable: 10,582 SF Height: 28' 10" (roof height <_ 30' Preferred) Article VII. North Ocean Boulevard Overlay District Section 70-67 Effective lot area Section 70-70 Floor area calculations Section 70-74 Setbacks Section 70-100 Roof and eave heights Section 70-187 Table of district standards Plat 2 Motion to recommend approval to allow the removal of existing nuisance exotics and providing for a 13' clear zone from the edge of roadway and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. Architectural Review and Planning Board ARPB File #012-12 ARPB September 27, 2012; TC October 12, 2012 Page 2 Motion to recommend approval Level III Architectural/ Site Plan based on a finding that the proposed partial two story single family Bermuda style dwelling, a 3 car garage with a bonus room, a total of 8,603 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions 1. The electric service lines shall be buried. 2. The roof shall be white (through and through) un -textured uncoated flat cement tile. 3. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 4. Wall and/or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached. 5. All chain link fencing will be screened from neighbor's view ARPB Date: October 25, 2012 Action: North Ocean Boulevard Overlay Permit: Recommend approval as submitted on drawings with the exception of the 13' clear zone and further recommended that there be binding documents and provisions that hold the HOA responsible for maintaining the prescribed landscaping in the buffer area. It was also recommended that the site screen as detailed in the plans be provided by the Developer to the best of his ability. (5-0) Level III Architectural/ Site Plan: Recommend Approval as submitted with the five conditions listed above, along with binding documents and provisions that hold the HOA responsible for maintaining the prescribed landscaping in the buffer area. Also recommended that the site screen as detailed in the plans and agreed to by the Developer be provided by the Developer to the best of his ability. (5-0) TC Date: November 9, 2012 Action: North Ocean Boulevard Overlay Permit: Approved as submitted on drawings with the exception of the 13 ft clear zone. Level III Architectural/Site Plan: Approved as submitted with the 5 conditions listed above and provided a deed restriction is placed on the property making the HOA responsible for maintaining the landscape material in the buffer area on the private property as shown on the exhibit attached to the deed restriction, with the hedge to be maintained at a height of no less than 6', and further provided that a 6' temporary construction fence with screening material attached be installed inside the buffer area. (5-0) Town of Gulf Stream TOWN OF GULF STREAM APPLICATION FOR DEVELOPMENT APPR0I CU7 uh i►.,_ This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. ARPB File 11 To be completed by all applicants. PART II. GENERAL INFORMATION A. Project Information I.A.1. Project/Owner Name:440d% J — Fsk�"e 11 -IL -C I.A.2. Project Address: _ �^ �l I.A.3. Project Property Legal Description: �5e2 I.A.4. Project Description (describe in detail, includin^ 11 of cf^rioc nf, I -see I.A.5. Square Footage of New Structure or Addition: &0 Architectural Style: �q� r YY1 U OL 1.A.6. Check all that apply.�-Architectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures 0 Non-residential uses ❑ Variance (complete section G) ❑ Special Exception (complete section F) 1.A.7. (a) Proposed F.F.E.: ' l L4 , dD Type of Foundation: STEMW tRt.a B. Owner Information I.B.1. Owner Address:Q I.13.2. Owner Phone Number., • la• q Fax: _C�i L I.B.3. Owner Signature:_ C. Agent Information I.C.1. Agent Name and Firm Name: I.C.2. Agent Address: I.C.3. Agent Phone Number: 1.C.4. Agent Signature: Pre -App Date:_ App Date: Com Date: Decision: IcPe�sIr 1-12- - cel U1 '�� � Fax Official Use Only ARPB Date: Recommendation: TC Date: U 2; i 5,4 t ►,114 Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 I.A.4 Project Description: Lot 4: The project will consist of a two story residence with Bermuda style influences. It will have a detached 3 -car garage with Bonus Room above. It will be a courtyard style house with pool and motor court. Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question. number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located? III.A.2. Is the project compatible with the intent of the zoning district? Yes ❑ No Explain. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan?>0yes ❑ No Explain. IILA.4. flow are ingress and egress to the property to be provided? i C t_ How are the following utilities to be provided to Stormwater Drainage 1 Cal Sanitary Sewer Potable Water s-� ,�" �Ad ffickwj_ Irrigation Water Elec`-'- Telel Gas Cab 111 III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does the pMject involve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? 19 Yes ❑ No (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes 18'No (If "Yes", section C of this part must be completed.) IV -A-3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑Yes o (If "Yes", section D of this part must be completed.) IV -A-5. Does the pr ' ct require approval of a Special Exception? El Yes No (If "Yes", section E of this part must be completed.) IV.A.6. Is the projec t variance with any regulations contained in the Zoning Code? ❑ Yes UrNo (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Town of Gulf Stream B. Projects Requiring North Ocean Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be -di ---t ct or added and to what extent? IV.B.2. Descriuc uie need and justification for the-fttmtrmee/addition: WE IV.13.3. Will the disturbance/addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? Yes 0 I n Explain: _fin � A- Z V l U(aA Q`:�3-1 L,--)1,`411 `-W� IV.B.4. How is the design consistent with the AM Landscape Enhancement Project? pvY i &X- O pq�n ��aS �v a-llai,� �u�r -� `�"bw►r1s �-�- #•{-fie (�`c�.�-�1'�G� - IV.B.5. What mitigation is proposed so that the disturbance/addition has the yeast impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District.(-- are retwoo-t p•� f'\v r 'aA R CAZ —X' -fit `f Ee/A CLC�P-m-en+ w Mn V1aJ i d"C SIgecie) C. Projects Requiring a Demolition Permit IV.C.1. When are the existing structures to be demolished? / IV.C.2. When are the proposed structures to be constructed? 2Q IV.C.3. What is the landmark status of the structures to be demolished? LN) D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard Overlay District: sah IV.D.2. Describe the need and justification for the removal/relocation: IV.D.3. How is the removal from the project site of vegetation to be mitigated: _aC) "-NL CL'{ -(0^,.- w � � Af PJ, h Nae'( &Xkhc J -e to Q t, +;� 'LAI i 110—a"i'C ", IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? IV.D.5. What replacement materials are proposed? cC.(0&. Application for Development Approval, Form ADA.32000 Page 4 February 2002 1220 N Ocean Blvd. B. Projects Requiring North Ocean Blvd. Overlay Permit IV.B.1 What significant landscape features are to be added and to what extent? Addition of native plants in most areas of the 50'corridor, and provide an area for the Town's street tree program. Also a 6' wall or railing 39' at its closest point to the property line. a "wTn 01 Vulf Stream H. Projects Requiring Rezoning IV.H.1. What is the Future Land Use designation of the project site? IV.H.2. If the project involves a rezoning, Code Comprehensive Plan text change, orany Zoning combination otnc haereof, plea a Land Use Map change, justification for the request. describe the need and PART V. OPTIONAL INFORMATION This entire Part is optional for all applicants, Applicants additional relevant information regarding the projethatwas not covered elsewhere on thisged, but not f to provide any the other materials submitted with the application. s form or on any of /4 r PQ 1- %j V1 0 1- C--� Application for Development Approval Form ADA. 2000 revised 6/8/00 Page 7 0 I► � •ate �e c , v r i .1� �J r L l X J 1 A d O S : b S : Z Z [ N / S l / 8 ` b m P ' O N g S V N l \ m G 1 A a o g a o H V S s } o I S V N I V I N O u j C * C 1 4 J L L W N L g $ > O t u F F : = o < D A F f i g ' O N C S L J g i 1 �� _ - F i 0 . p I r p / 0 3 Y V 3 " J ' D I Y Y M 1 E O f N a u u ` a ' m i v ^ N 1 0 W H Y L L i Q O 1 ��R ��7 l Y r 1 Q W S ��1 1 1 1 �� ( I H N Y H O O l e i O Z Z I t , L O ' I S 5 1 1 U S H M B I A 2 I O a Z I V H : 2 1 0 3 i V I d S , L N a N a A 0 2 I d N I H L U S U M O B S S B Y L Z p t x 4 - Y Y i � � - p t o t m w K i n e o a B O B S ' o N N O L L V Z I H O H L O Y d 0 3 L Y ��I i L L L 3 7 O O S B i L Z L 9 S , , o m o l d R u B 6 Z V O B g I i q w ����9 ��i \ N q c p z q p 1 x ' � Q N ��' p A - H l m - P - A N S i x v s z n s x o O W J N H N x o w m - u c r s a F ��. u a M w n S e O J I U 6 1 S 8 ( j Q O - 1 ! n U 3 �% / J S u a H x i A J x H �� a r u M H O M I A W t a r o u j C * C 1 4 J L L W N L g $ > O t u F F : = o < D A F f i g ' O N C S L J g i 1 �� _ - F i 0 . p I c n . 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'Irk 7^' TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 013-12 Address: 1224 North Ocean Blvd Proposed Improvement: Approvals Requested: Owner: Harbor View Estates, LLC Agent: Richard Jones Architect Construction of a partial two story single family Colonial West Indies style dwelling North Ocean Blvd. Overlay Permit: To permit the installation of landscaping and easterly part of a privacy wall within the North Ocean Boulevard Overlay District. Level III Architectural/Site Plan: To permit the construction of a partial two story single family Colonial West Indies style dwelling, a 3 car attached garage, pool and cabana, a total of 8,726 SF. Gross Lot size: 30,962 SF Effective Lot Area: 30,962 SF Proposed Total Floor Area: 8,790 SF Allowable: 8,792 SF Zoning District: RS -0 Finished Floor: 14.0' NGVD Issues Considered During Review: Height: 30' (roof height <_ 30' Preferred) Article VII. North Ocean Boulevard Overlav District Section 70-67 Effective lot area Section 70-70 Floor area calculations Section 70-74 Setbacks Section 70-100 Roof and eave heights Section 70-187 Table of district standards Plat 2 Motion to recommend approval of a North Ocean Boulevard Overlay Permit based on a finding that the landscaping and easterly portion of a privacy wall meet the minimum intent of the Design Manual and applicable review standards. Motion to recommend approval Level III Architectural/ Site Plan based on a finding that the proposed partial two story single family Colonial West Indies style dwelling, a 3 car attached garage, pool and cabana, a total of 8,726 SF meet the minimum intent of the Design Manual and applicable review standards with the following conditions: Architectural Review and Planning Board ARPB*File #013-12 ARPB July 25, 2013; TC August 9, 2013 Page 2 1. The entry feature, measured from FFE to top of railings, shall be <_ 14'. 2. The electric service lines shall be buried. 3. A sample of the gray color roof file to be provided for approval. 4. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 5. Wall and/or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached. 6. All chain link fencing will be screened from neighbor's view ARPB Date: July 25, 2013 Action: North Ocean Boulevard Overlay Permit: Recommend approval as requested (5-0) Level III Architectural/ Site Plan: Recommend approval as requested with the above 6 conditions. (5-0) TC Date: August 9, 2013 Action: North Ocean Boulevard Overlay Permit: Approved as recommended. (5-0) Level III Architectural/ Site Plan: Approved as recommended with the above 6 conditions. (5-0) Town of Gulf Stream TOWN OF GULF STREAM 14,�. . ® RECEIVE " .1. JUN 17 2013 Town of Gulfstream, FL APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. ARPB File I# =: -. J To be completed by all applicants. PART II. GENERAL INFORMATION A. Project Information I.A.1. Project/Owner Name:f/�/Yl VU V I.A.2. Project Address: I�V, "f . o v I.A.3. Project Property Legal Description: fho JfArho r I.A.4. Project Description (describe in detail, including # of stories, etc.) I tv /je � lv I.A.5. Square Footage of New Structure or Addition: Architectural Style: Ci ' 1.A.6. Check all that apply:Architectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete sec ion B) ❑ Demolition of Structures ❑ Non-residential uses ❑ Variance (complete section G) ❑ Special Exception (complete section E) 1.A.7. (a) Proposed F.F.E.:no am1wi— B. Type of Foundation: Owner Information Q I.B.1. Owner Address: O 0 t �J y aw 1.6.2. Owner Phone Number: T(J5 6/e ? ��_ Fax: J5 7" 1.B.3. Owner Signature:/�-0—fe - C. Agent Information I.C.1. Agent Name and Firm Name: I.C.2. Agent Address: %© I I.C.3. Agent Phone Number: 7Y` 7N. 4 cell -Z7 Fax 1. C.4. Pre -App Date: App Date: Com Date: _ Decision: Official Use Only ARPB Date: Recommendation: TC Date: 4 4)7.J- 1217 k -7 -z4 -i.3 Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located?��%� III.A.2. Is the project compatible with the intent of the zoning district? P(Yes ❑ No Explain. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? XYes ❑ No Explain. III.A.4. Flow are ingress and egress to the property to be provided? J - K -03S I ew, e. f. Howta)re' the foll Stormwater D Sanitary SeWE Potable Water Irrigation WatE Electricity Telephone Gas Cable Television ow/ g is'Co 1 e r vide' d t( the loertv? III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) PART MIV: FZSRMAT* K Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does the project involve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? 4 Yes ❑ No (If "Yes", section B of this part must be completed.) IV -A-2. Does the project involve the demolition of one or more structures? ❑ Yes No (if "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes )Q No (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? ❑ Yes .K No (If "Yes", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes 0t\1 No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Town of Gulf Strearn B. Projects Requiring North Ocean Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be disturbed or added and to what extent? IV.B.2. Describe the need and justification for the disturbance/addition: IV.B.3. Will the disturbance/addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? vo, nim IV.B.4. How is the design consistent with the Al Landscape Enhancement Project? IV.B.5. What.mitigation is proposed so that the disturbance/addition has the IeasTirfipacf possible to The visual and aesthetic quality of the North Ocean Boulevard Overlay District: C. Projects Requiring a Demolition Permit IV.C.1. When are the existing structures to be demolished? IV.C.2. When are the proposed structures to be constructed? I V A IV.C.3. What is the landmark status of the structures to be demolished? 841 A D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard Overlay District: IV.D.2. Describe the need and justification for the removal/relocation: IV.D.3. How is the removal from the project site of vegetation to be mitigated: A# ft IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? A // ,,,, IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 E: Projects Requiring a Special Exception. IV.E.1. Is the proposed use a Permitted special exception use? []Yes IV -E.2. How is the use �No Code Section: designed, located and proposed to be operated so that the welfare, and morals will be protected? A (I public health, safety, IV,E,3. Will the use cause substantial in'u other Property be located? [I Yes 1 rY to the value of /n❑ No yin the neighborhood where it is to Explain. IN I I A-- IV.E,4• How will the use be compatible with adjoining development and the character of the District where ' g f � it IV.E.5,—�- What landscaping and screening are provided? h 1I A IV -E.6. Does the use conform with all applicable regulations overni 9 ng the District wherein it is to be located? []Yes El No Explain. A V I A- F. Non -Residential Projects and Residential Projects of Greater than 2 Units IV.F.1. If common area facilities are to be provided, describe them and how the N( 14 y are to be maintained. IV -F.2. If recreation facilities are to be provided, describe them and their potential impacts o Properties. K 1 1 in n surrounding IV.F.3. For each of the following, list the number provided and their dimensions, Loading Spaces: Standard ParkingSpaces: Small Car Parking Spaces: Handicapped Parking Spaces: Driveways/Aisles: Application for Development Approval Form ADA.32000 Page 5 Town, of Gulf Stream G. Projects Requiring a Variance (code Section 66-150 through 157) IV.G.1. From what specific Zoning Code regulation is a variance requested? I IV.G.2. What does the Zoning Code require for this specific site? IV -G.3. What is proposed? IV.G.4. What is the total variance requested? IV -G.5. The following 8 mandatory variance findings from Section 66-154, must be addressed: (Attach additional sheet if necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district? (2) Did the special conditions and circumstances result from the actions of the applicant? Yes No (3) Will granting the variance confer upon the applicant any special privilege that is denied by the Zoning Code to other lands, buildings, or structures in the same zoning district? Yes No Explain: (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of the Ordinance and work unnecessary and undue hardship on the applicant? A / 1 (5) Is the Variance requested the minimum variance that makes possible the reasonable use of the land, building or struqture? Yes No Explain: (6) Will granting the variance permit any prohibited use to be established or re-established: Yes No (7) Is the requested variance consistent with the goals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? Yes No (8) Will the variance be in harmony with the general intent and purpose of the Zoning Ordinance and not be injurious to the area involved or otherwise detrimental to the public welfare? Yes No I / .; Explain: Application for Development Approval, Form ADA.32000 Page 6 February 2002 OT c;ulf Stream H. Projects Requiring Rezoning IV.H.1. What is the Future Land Use designation of the project site?` IV.H.2. If the project involves a rezoning, Zoning Code text change, Future Land Use Map change, Comprehensive Plan text change, or any combination thereof, please describe the need and justification for the request, IN I I A PART V. OPTIONAL INFORMATION This entire Part is optional for all applicants, q ouragedbut Applicants are enc, not required, to provide any additional relevant information regarding the project that was not covered elsewhere o the other materials submitted with the application. n this form or on any of Application for Development Approval Form ADA. 2000 revised 6/8/00 Page 7 L kn w C� Of W SW L V U) W 0 U � �-d N $g❑ u z z � ¢ u ❑ O ❑w ¢.6 cP ¢ i QQ EE i El�, p 0 O QQ UUU N � o w p o p w, z U O uUZI U p LL ❑ o wUp w ° ¢ a m ❑ ❑ N g g ' n- 0 w w F a oazw w w I ❑ o a,o ❑ _Z e ¢a ❑ a ¢u F 3 az w� F o o zi �wi w _i 2w - o u LL �a� 3 og N m< W W q jQm ? 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F. { Z Y 4 s a = �..F�.,,Rax4 E8= s' t it % as E;z$ $p'$�p�IIaa !g B yy3Ea i ��yp 8 a F`8$ a?$a �zgdsa�= &_s$EYyy�ta 91'ag E�®a$iyy$�2p¢�i�$� '�� $ja °a =a3y aaE� F t63R � da3Eaa H8891a aE IMI 8311, H 8t i�]pM iii:.°E' i� g36g rt°��g $�3D��ss 8giY9s-fEo�st nH � g#�� ��r �� �E �fi S�B6'3 ro a .4 d d d w . d _ 6Ea 2�g :� y y 11$18111`0 :433=i3 :8 2: a 32. _h� �A:.n" a°8 al 3 zsB8 53s Y F < J� FACSIMILE TRANSMITTAL SHEET SCOTT W MORGAN 1140 N. Ocean Blvd GULF STREAM, FL 33483 PH (561)-752.,1936 FAX (80.1)-760-2777 Date: 7-23-13 To: Town of Gulf Stream Fax: 561-737-0188 From: Scott W. Morgan Re: Application for Level 3 approval of Lot 5- Hidden Harbour Estates Number of pages: 3 Memo: Please find attached my letter in opposition to this application. Would you please make copies of the letter for distribution to the members of the ARPl3? SCOTT W. MORGAN 1.140 N. Ocean ,Blvd GW Stream, Fl, 33483 Ph (561) 243-1432 July 23, 2013 To: Town of Gulf Stream Architectural .Review and :planning Board Re: Hidden Harbour F'slates Lot 5 1224 N. (Ocean Blvd. Dear Board Members: Please note my objection to this application for Level 3 Architectural/Site Plan Review of a 8,726 sf Colonial West Indies single family dwelling. Sec. 66-144 (b)(1009 The proposed architectural design of this home violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures. The latter composition gives an appearance more of the wings of an aircraft than of an Ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale. The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2. Sec. 70-4 (c) (4) and Sec. 70-29 (b) (3) This long, narrow and drawn out house design also conflicts with the Code's prohibition against excessive similarity to neighboring homes, which by definition then conflicts with the Code's prohibition against applications that "do not maintain the desired character or quality of the zoning district within which they are located _"(Art, I, Sec. 70-4 (c )(4)). The Ocean West District is characterized by "lots that are set back. great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district." (Art. U, Sec. 70-29 (b)(3)). The homes of this District have a unique, separate character that helps define the Town of Gulf Stream. The similarity of lots inside Hidden Harbour Estates—all of which are rectangular, long Bast to West, and narrow, and which lay next to each other life two rows of domino tiles has from its conception risked the potential of turning into a gated- community sub -division, typical of large home neighborhoods in Boca Raton and West Delray Beach. The previous three Hidden Harbour Estates homes approved by the ARPB were all corner lots and so were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular design. In order to preserve the integrity of the Ocean West District character, and to prevent an over -crowding of similar homes inside Hidden. )Harbour Estates, I ask that the Level 3 ArchitecturaVSite Plan Review of Lot 5 be denied, and request that the applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, ott W Morga I t. rn 00'0-19: R alcog -- lNd 60.EO -- El0-1/EdFJO -- PX5'9107 h-1-1-06IPXOIOOVO 7Vt13N39195U1AivJO:O 2z�� p 5yy � C Gj� o Co Ad q Q. u J_ J v GI ^ o LijLo *—r � � g � ��� Q ti 111 ................ Yd �3LYlS �� � (bQ CCM SN7l707 CC+ All o �W a IQ y � s t X � O s •e @ b co 0 0 5 -4r I a a I � e Ii � I I rNLH 31 YAW Y) Xtfo ) ZLW igl+ ,Y, 10YXL vomw rl.Ysmv33arr. v Lonnrrr c-} + ix�mv33Tnneo n of Z 107 107 Z 00'0019: ! ale -91, --kM 60:00 -- ElOZlr{/90 -- PX6'S1O7 POO-06IPXOI00VO 7Vd3N3JIs6u1Ai-Qj:0 -�3A Yd �P7 �y oa - �kr • .r7I7 w4r., I AIN 4: ilk t O W c 0 tl 4 Uxi � �ryV ul O O J J sr I W I I Dar r 1M 21 YAW Y) Ksr lex a JA013M yW~ rax mudZtNvw ° uer ace+ ,Y. 10N2[L � tnamy3 Mnneo �� R ��amn�roaa—1 Z 107 �I 107 CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Scott Morgan Amanda Jones Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Ann Kasten Aker George Delafield, Jr. October 17, 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, OCTOBER 25, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 9-27-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. November 15, 2012 at 8:30 A.M. b. December 27, 2012 @ 8:30 A.M. C. January 24, 2013 @ 8:30 A.M. d. February 28, 2013 @ 8:30 A.M. e. March 28, 2013 @ 8:30 A.M. f. April 25, 2013 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application, deferred from Public Hearing held September 27, 2012, that was submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Its 4, 5 & N 92' of It 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. 2. An application, deferred from Public Hearing held September 27, 2012, submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a partial two-story Bermuda style single family dwelling, 3 car garage with AGENDA CONTINUED bonus room above, 8,603 square feet, and a swimming pool. 3. An application, deferred from Public Hearing of September 27, 2012, submitted by Seaside Builders as agent for Harbor View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PRMIT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape material. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two-story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. 4. An application submitted by Benjamin Schreier, Affiniti Architects, as Agent for Doris J. Gillman, the owner of property located at 3333 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove existing landscape material and driveway, install new driveway and landscaping and construct5 foot perimeter wall with entry gate within the North Ocean Boulevard Corridor. b. LAND CLEARING PERMIT to relocate/clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. C. DEMOLITION PERMIT to remove existing structures. d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a 9,036 square foot Colonial West Indies style partial 2-stor single family dwelling, 3 car attached garage and a swimming pool. VII. Items by Staff. VIII. Items by Board Members. IX. Public. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, SEPTEMBER 27, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order by Vice -Chairman Morgan at 8:35 A.M. II. Roll Call. Present and Scott Morgan Vice -Chairman Participating Tom Smith Board Member Malcolm Murphy Board Member Amanda Jones Board Member Absent w/Notice Paul Lyons Board Member Ann Aker Alt. Member Beau Delafield Alt. Member Also Present and William Thrasher Town Manager Participating Rita Taylor Town Clerk John Randolph Town Attorney Martin O'Boyle, Resident Hidden Harbour Est. Representing Tom Laudani Developer Richard Jones of Architect Jones Architects Dave Bodker of Landscape Arch. Dave Bodker Landscape & Architecture Mark Grant, Esq. Atty. For Seaside Vice -Chairman Morgan welcomed the return of Amanda Jones, who has moved from Alternate Member to Member of the Architectural Review and Planning Board. III. Minutes of the Regular Meeting and Public Hearing of 7-26-12. Mr. Smith moved and Mr. Murphy seconded to approve the Minutes of the Regular Meeting and Public Hearing of July 26, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. Mr. Thrasher requested that Item VI.A.4 be heard first and Item VI.A.1 will replace Item VI.A.4. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. October 25, 2012 @ 8:30 A.M. b. November 15, 2012 at 8:30 A.M. C. December 27, 2012 @ 8:30 A.M. d. January 24, 2013 @ 8:30 A.M. e. February 28, 2013 @ 8:30 A.M. f. March 28, 2013 @ 8:30 A.M. Vice -Chairman Morgan asked if there will be applications for public hearing for the October meeting. Clerk Taylor said there will be one application, possibly two. There were no conflicts declared. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 2 VI. PUBLIC HEARING. There were no declarations of ex -parte communication. Clerk Taylor administered the Oath to Robert Jones, Dave Bodker, Mark Grant, Martin O'Boyle and Tom Laudani. Clerk Taylor stated that she received an email addressed to the Town Commission and Architectural Review and Planning Board from Mrs. Nancy Touhey of 1200 N. Ocean Blvd. The letter was read into the record. In her letter, Mrs. Touhey said she is unable to attend public hearings concerning applications for new homes in the subdivision. She said she believes the developer failed to live up to the agreements that supported the Town's approval of the subdivision, specifically the stipulation that the arbor canopy would not be destroyed. Mrs. Touhey said she might have been more supportive of the project if the Banyan tree across from her driveway had not been cut down. She requested that any approved plans and construction of the six homes be frequently inspected by the Town to be sure the builder is abiding by conditions of approval. The letter will be filed with the Official Records of the Town of Gulf Stream. Mr. Thrasher responded to Mrs. Touhey's comments saying that he has been watching the property very closely, he has done daily inspections during business hours, after hours and on weekends. He said he also inspected the property at 2:00 A.M. during Tropical Storm Isaac. Mr. Thrasher said he has observed nothing that was not approved or permitted. A. Applications for Development Approval (In order of Agenda rearrangement). 4. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1222 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 3 Hidden Harbor Estates Plat Two, according to the plat thereof as recorded in Plat Book 15, Pages 173 and 174, Public Records of Palm Beach County. a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a partial two story single family Bermuda style dwelling, a 3 car garage with guest suite, a detached outdoor seating area, a total of 9,229 square feet, and a swimming pool. Richard Jones of Richard Jones Architects introduced himself and noted his team members, including Tom Laudani, the Developer, Mark Grant, Esq., and Dave Bodker, the Landscape Architectect. He said the six lots are ready for development and each are similar in their narrow width and depth, which has created challenges with regard to buffers, setbacks and rights-of-way. He said they looked at similar communities and found ways to minimize mass and size and capture courtyards and create outdoor living space. Mr. Jones described Lot 3 as situated in the southwest corner of the subdivision with a unique view of Hidden Harbour. The proposed 2 -story Bermuda Style structure is long and narrow with an east/west orientation. It is broken up into various masses, including a detached carriage home connected by an exterior breezeway, a pool deck terrace and loggia connected to a boat house featuring a small pavilion above with views of the harbor and storage below, and balconies on the Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 3 front and rear of the home. Mr. Jones said the materials are common, including smooth stucco and a mitered hip roof. Mr. Smith asked about the proposed storage area under the boat house. Mr. Jones said there is 6.5' of headroom under the sitting pavilion for miscellaneous boating storage. Mr. Smith asked about a meandering wall on the south side of property. Mr. Jones said it is an existing retaining wall which was required for subdivision approval. Mr. Smith asked where Mrs. Touhey's property entrance ties into this property. Mr. Bodker said it is near Lot 4 at the southeast corner of the property. He said the tree in question was not within the 15' buffer, it was a rotted Ficus tree with a lot of vines and it will be replaced with six native trees which will block views of the property. Vice -Chairman Morgan asked if there are additional walls planned for this property. Mr. Jones said there will be 3' entry walls at the front driveway, 3'4" welcome walls near the front of the home, and terrace walls at the pool deck that will be 2' at the base with 42" of railing above, and the piers are 6' tall, but he said 3.5' of that is decorative railing. Vice -Chairman Morgan commented that the three proposed homes will be similar, but he said this design is the most attractive because it is better balanced. Mr. Smith said the landscaping is the biggest concern for the neighbors. Mr. Bodker said there are 11 existing trees on the south side, two that are 40' in height and spread. They will supplement the existing with 12' high Buttonwood and Fishtail palms on the south side and they will supplement the landscaping on the west side with hedging and trees. He said there will be layering and overlapping of vegetation for additional screening around the pool area. Vice -Chairman Morgan opened the hearing to public comment. Martin O'Boyle of 23 Hidden Harbour Drive asked Mr. Randolph if the Applicant's statements made under oath are binding. Mr. Randolph said the ARPB and the Commission make decisions based on statements made under oath and if something is done that was not approved it can be revisited and additional conditions can be imposed. Mr. O'Boyle said he believes the developer is not abiding by the Agreement between the developer and the neighbors. He said the canopy was damaged and nothing has been done, and he said he requested different material for the meandering wall because it has a commercial look and is not fitting for the Hidden Harbour Development. Mr. O'Boyle was also concerned with the drainage saying there has already been flooding on the Himmelrich property. He said there were modifications to the drainage, it ties into Hidden Harbour and any drainage modification or tie-in to that community is subject to a majority vote of its residents. Mr. O'Boyle said there is no positive drainage, meaning there is no place for the water to go, it uses Hidden Harbour facilities and their covenants do not allow that. Another concern is the Interlocal Agreement with Delray Beach. Mr. O'Boyle said that Delray should have no say in the removal or installation of trees on the property. He said he has spoken to Mr. Thrasher and he wrote a letter to Mark Grant, Attorney for the Applicant concerning these matters. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 4 Mark Grant said he disagrees with Mr. O'Boyle concerning a majority vote requirement; however, he said these are private matters and not the subject before the Board at this time. He explained the flooding issue on the Himmelrich property saying that a temporary cover was in place over the drain to avoid blockage and when the cover was removed the water was gone within an hour. Mr. Grant also said the one tree that was removed was outside of the 15' landscape buffer and it was rotted and dangerous, but he said it will be replaced. Mr. Laudani introduced himself, he said he has made great strides with the property improvements and would like to address these matters with Mr. O'Boyle privately. Mr. Laudani said he spoke with Mr. Himmelrich about the flooding weeks ago and since the drain was uncovered there has been no further water accumulation, even after Tropical Storm Isaac. He said Mr. Himmelrich called him to thank him and to say there are no issues. Mr. Laudani said everything has been approved by South Florida Water Management District and other appropriate authorities and both systems are working perfectly. He described the stucco meandering retaining wall as small and low, 24" above grade with aluminum rail above, and he said there will be lush vegetation and landscaping masking the wall. Mr. O'Boyle distributed some documents to the Commissioners for their information concerning changes to the Hidden Harbour Declaration and how the changes pertain to the required signatures for approval. Vice - Chairman Morgan asked Mr. Randolph if there are legal issues beyond the ARPB that would call for a legal halting of the subdivision and does it mute what the ARPB is doing today. Mr. Randolph said the Commission gave final approval of the project and they will make that decision. He said the ARPB is only required to make a decision based on the application before them today and not to hear concerns relating to violations of the subdivision agreement or the agreement with the neighbors. Mr. Randolph said Staff has looked at many of these issues, particularly the canopy and drainage, but he said they do not relate to the architectural review. If the ARPB recommends approval of this application, he said the Commission will determine if there have been violations and they will deal with that. Mr. Randolph said the issue of the western wall may relate to this application, and he said he is reviewing the agreement between the neighbors and Harbour Estates. He said where it talks about the retaining wall it states that it requires the approval of the neighbors. He said documents such as this may come before you, but the Town does not have the jurisdiction to enforce covenants. Vice -Chairman Morgan said he agrees; however, he said the subject agreement was made a part of the subdivision approval by the ARPB and Commission. Mr. Randolph commented on Vice -Chairman Morgan's statement that the ARPB and Commission asked for an agreement between the developer and the neighbors. He said the request specifically concerned the 15' landscape buffer, the canopy and drainage, but the agreement also talks about the western wall and the neighbors having an opportunity to approve it. Mr. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 5 Randolph said the ARPB and Commission may or may not have commented on these matters, but he said he believes it is beyond the authority of the Town Commission to enforce an agreement that never came before them. However, he said the Commission does have the authority to speak out if they believe the agreement has been breached. Mr. Smith asked Clerk Taylor if the neighbors and Mrs. Touhey were notified of the applications before the ARPB. Clerk Taylor confirmed that. She explained what the Code requires concerning notification and stated that she went beyond Code requirements to cover a larger area. Clerk Taylor said that Mrs. Touhey received a notice and responded. Mr. Smith moved and Mrs. Jones seconded to recommend approval of Level III Architectural/Site Plan based on a finding that the proposed partial two-story single family Bermuda Style dwelling, a 3 -car garage with guest suite, a detached outdoor sitting area, a total of 9,229 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: (1) The electric service lines shall be buried; (2) The roof shall be white (through and through) un -textured, un -coated flat cement tile; (3) Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval, and any major modifications shall be brought back to the ARPB for review and approval prior to commencement of landscaping; (4) Wall and/or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached; and (5) All chain link fencing will be screened from neighbors' view. There was no discussion. All voted AYE. 2. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. Vice -Chairman Morgan stated that he would rather not address the Overlay Permit at this time and just concentrate on the house. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a partial two-story Bermuda style single family dwelling, 3 car garage with bonus room above, 8,603 square feet, and a swimming pool. Robert Jones said Lot 4 is similar to Lot 3 in width and depth, but he said it is the only lot with a direct access driveway onto A1A. He said there is a formal entry driveway through the motor court, detached structures connected by covered breezeways, multiple outdoor sitting Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 6 areas, and the house wraps around the pool area. This is a four-bedroom home with the potential for a fifth bedroom above the garage, which is a detached structure with a carriage house above. Mr. Jones said Lots 3 & 4 are spec homes and will have some flexibility. He said this application meets all of the Gulf Stream Code criteria. Vice -Chairman Morgan said the north and south walls go straight up and he asked if there is any jogging back between the first and second floors of the main house. Mr. Jones said the north and south end walls are continuous, but he said there is a balcony feature extending 4' from the wall with columns and a shed roof above. Vice -Chairman Morgan said there are other walls that go straight up without deviation which gives a massy and unbalance appearance, and he said the garage is also box - shaped. Mr. Jones said the H -shape of the plan provides stepping and there are three balconies that offset. He said there is a stairway on the courtyard side of the garage leading up to the carriage house and there are small architectural details that wrap around the structure and break down mass. Mr. Bodker said there will be a tremendous amount of trees reaching 50' in height which will block the view of the house. In his review, Mr. Thrasher said he concentrated on second story coverage in comparison to first story, but did not apply the newer portion of the Code. He said there have been recent Code changes and there is a requirement upon the applicant to incorporate certain architectural features in the design. Mr. Thrasher read from Code Sec. 70-73, Two -Story Structures (a) In order to limit the construction of bulkier homes in districts with full second stories with small to medium lot sizes, the following restrictions shall be used: Ocean West - .70 of first floor area, (b) The use of architectural design features to provide variation among two-story single family homes is required. One or more of the following features shall be incorporated within facades facing public or private roadways on any new two-story, single family home in all zoning districts: Second -story setback (minimum 5' setback, in addition to round level front setback); Front porch (minimum 8' depth; Balcony (minimum 24 SF); Arcade. The Town Commission may waive this requirement within subsection (b) if the applicant can demonstrate that these features are inconsistent with the home's architectural style and that the desired visual variation is provided through other measures. Mr. Thrasher said one of these elements must be incorporated in the design and if not, you must demonstrate why. He said a front porch with a depth of 8 feet, or a balcony of 24 SF, qualify as a necessary element. Mr. Jones said there is an entry portico that is 5 feet deep and could be 8 feet, and he said there are balconies on the east and west facades, but not on the north and south facades. Mr. Smith said the homes are too close to each other without incorporating some design features and he suggested they do more work with the walls and come back to the ARPB for review. Mr. Thrasher said one option is that the second story would be set back 5 feet from the first story. Vice -Chairman Morgan agreed that this application should be withdrawn and revisited. Mr. Jones said he can incorporate some stepback on the north side. Mr. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 7 Randolph said an appropriate motion would be to defer to a time certain to eliminate the need to advertise, and to have the applicant return with some of the recommended changes. He suggested the architect meet with the Town Manager to be sure they are in compliance with the Code. Mr. Smith moved and Mr. Murphy seconded to defer this application and have the applicant return to the ARPB with the recommended changes at a time certain of Thursday, October 25, 2012 at 8:30 A.M. There was no discussion. All voted AYE. Mr. Jones asked if the Board wished to discuss the Overlay Permit portion of this application. Vice -Chairman Morgan stated that two of the Board Members will be leaving at 10:50 A.M., which would result in the lack of a quorum. Mr. Laudani asked the Board to take a quick look at Lot 6. 3. An application submitted by Seaside Builders as agent for Harbour View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally Described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PRMIT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape material. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two-story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. Mr. Jones said there are similarities to Lots 3 and 4, such as a detached garage with a carriage house above, loggia connections, entry wall features and lush landscaping. He said there is a homeowner involved with this lot and, therefore, this will be a custom home of Colonial West Indies architecture, there will be different window articulation and different roof lines, and he said the roof material will be gray slate -like tile. Mr. Smith said the north elevation has great setbacks and features and he asked if the north elevation has straight up walls. Mr. Jones confirmed that, but he said that can be adjusted. He said Marty Minor reviewed this design and found it to be in compliance with Code. Mr. Morgan asked if they were changing the half-moon window. Mr. Jones said Mr. Minor found this window to be inconsistent with Gulf Stream Architecture, but he said they feel it works well with the architectural style. Vice -Chairman Morgan commented that the garage doors open to the streets, Code requires that they be blocked, and he asked how they will accomplish that. Mr. Jones said there will be gates. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 8 Mr. Murphy asked that the roof material be referenced when the application comes back to the ARPB for vote. Mr. Thrasher said there will be a sample to view. Mrs. Jones asked the applicant to submit a second drawing showing an alternative to the half-moon windows on that particular facade. The applicant agreed. Mr. Randolph suggested that before this Meeting is adjourned a motion be made to defer the remainder of these items to the October 25th Meeting. Mr. Murphy moved and Mr. Smith seconded to defer this application and the remaining applications to the October 25, 2012 Meeting. There was no discussion. All voted AYE. 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC, owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, re - plat of Golf Course Addition Lots 4, 5 & N 92' of Lot 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) VII. Reorganization of ARPB. A. Election of a Chairman Mr. Smith moved and Mr. Murphy seconded Chairman of the Architectural Review an discussion. All voted AYE. B. Election of a Vice Chairman Mr. Smith moved and Mr. Murphy seconded Chairman of the Architectural Review an discussion. All voted AYE. to elect Scott Morgan as Planning Board. There was no to elect Amanda Jones as Vice - Planning Board. There was no VIII. Items by Staff. There were no items by Staff. IX. Items by Board Members. There were no items by Members of the Board. X. Public. There were no public comments. XI. Adjournment. Mr. Smith moved and Mr. Murphy seconded to adjourn the meeting. There was no further discussion. All voted AYE. Chairman Morgan adjourned the Meeting at 10:50 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012-10 Address: 1230 North Ocean Blvd. Proposed Improvement: Approvals Requested: Owner: Harbor View Estates, LLC Agent: Seaside Builders, LLC Construction of a partial two story single family Bermuda style dwelling N. Ocean Boulevard Overlay Permit: To allow the removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and the installation of a 6' high aluminum rail fence 12' west of the east property line that will be screened with landscape material. Level III Architectural/Site Plan: To permit the construction of a partial two story single family 8,857 Colonial West Indies style dwelling, attached 2 car garage, with 6' walls and fences, screened with landscape material around the property and a swimming pool. Gross Lot size: 36,402 SF Effective Lot Area: 36,402 SF Proposed Total Floor Area: 8,857 SF Allowable: 9,880 SF Zoning District: RS -0 Height: 28'4" (roof height <_ 30' Preferred) Finished Floor: 12.0' NGVD Issues Considered During Review: Marty Minor of Urban Design Kilday was asked to provide a report on the architectural style. This report is attached. Note: Although Mr. Minor recommends approval, page 3 of his report suggests something different, "Architecture ... Although a half moon window is not common within the Colonial West Indies architecture, the architect and independent research has confirmed that half-moon windows are used within the style as special feature." Because it is not common and could be considered a special feature, the half moon windows should be replaced with other type windows as demonstrated on the single story portion of the proposed structure. Article VII. North Ocean Boulevard Overlay District Section 70-67 Effective lot area Section 70-70 Floor area calculations Section 70-74 Setbacks Section 70-100 Roof and eave heights Section 70-187 Table of district standards Plat 2 Architectural Review and Planning Board ARPB File -#012-10 ARPB September 27, 2012; TC October 12, 2012 Page 3 any hedges to be maintained at a height of no less than 6', and further provided that a 6' temporary construction fence with screening material attached be installed inside the buffer area. (5-0) Town of Gulf Stream TOWN OF GULF STREAM ► RECEIVED q AUG 15 2w t TpW ,.,. n of Gulfstream, FL, APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. To be completed by all applicants. A. Project Information I.A.1. Project/Owner N PART II. GENERAL INFORMATION ARPB File ## )- 1-0 1-J(2' LA.2. Project Address: /\J si vo I.A.3. Project Property Legal Description: 9 a- 04-h I.A.4. Project Description (describe in detail, including # of stories, etc.) 0 I.A.5. Square Footage of New Structure or Addition: _6181f-7 Architectural Style: _in�6�) � aA wes-- Im S 1.A.6. Check all that apply: ❑ Architectural/Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures ❑ Non-residential uses ❑ Variance (complete section G) ❑ Special Exception (complete section .E) 1.A.7. (a) Proposed F.F.E.: 1 9 . ao Type of Foundation:il�l.�C B. Owner Information I.B.1. Owner Address:_+N Qr'hfj- V i 1.6.2. Owner Phone Number. 2-� 2 - � Fax: � - 44 ----�/ 1.B.3. Owner Signature: C. Agent Information I.C.I . Agent Name and Firm Name: I.C.2. Agent Address: I.C.3. Agent Phone Number: (o) o�-�� "T-15Cj cell7%� . �� U"N+ Fax aR 1.C.4. Agent Signature: A jyyjyY�f�_ Pre -App Date: App Date: — Com Date: _ Decision: Official Use Only ARPB Date: Recommendation: TC Date: Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Legal Description LOT 6, HIDDEN HARBOUR ESTATES PLAT TWO BEING A REPLAT LOTS 4,5 AND 6, GOLF COURSE ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 75 (P.B.C.P.R.) AND TRACT A, HIDDEN HARBOR ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110 (P.B.C.P.R.) ALL BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA APRIL 2011. Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre -application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and comple question number for each response. te A. Project Description and Justification III.A.1. In what zoning district is the project site located? �a 2 west III.A.2. Is the project compatible with the intent of the zoning districtX-Y es ❑ No Explain. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan ?yYes ❑ No Explain. III.A.4. Flow are ingress and egress to the property to be provided? (,L` A�t n 1.- \ a SII /- n C' _t .) _ I, .-, I I - III.A.5. a. b. e f. 9 h How are the following utilities to be provided to the orooerty? Stoi San Poti Irrig Elec Tele Gas Cab III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre -application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals/Requirements IV.A.1. Does the project involve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right-of- way? 9Yes ❑ No (If "Yes", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes ®'No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an exist �?Novacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes (If "Yes", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? ❑ Yes Y"No (If "Yes", section E of this part must be completed.) IV.A.6. Is the projet at variance with any regulations contained in the Zoning Code? ❑ Yes No (If "Yes", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 Town of Gulf Stream B. Projects Requiring North Ocean Boulevard Overlay Permit IV.B.1. What significant landscape features or architectural features are to be-tffstnrtTeZl or added and to what extent? Q lum. t'�1t I I'LG Gno� 1,tSWI CX4ens.rz- IV.B.2. Describe the need and justification for the dLgIu4aawe/addition: CA -P I <zz n, 0 -,- r �-P d f 0 S" d'e- 0-C-0- IV.B.3. Will the disturbance/addition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? YesE) Explain: n-Qw %Auy Id -eAn t} PLS " Q ql IV.B.4. How is the design consistent with the AIA Landscape Enhancement Project? rxvi dk qoe IV.6.5. What mitigation is proposed so that the disturbance/addition has the least imnar-+ the visual and aesthetic quality of the North Ocean Boulevard Overlay District: a& Fvi reiyoto a-- Ao'S g n ee e,*v a -h s 4- v -a h i r rr�,eo - d n c-hv s-PQC-.-I \P-5 C. Projects Requiring a Demolition Permit IV.C.1. When are the existing structures to be demolished? /VJ A IV.C.2. When are the proposed structures to be constructed? IV.C.3. What is the landmark status of the structures to be demolished? D. Projects Requiring a Land Clearing Permit IV.D.1. Describe those vegetative materials of 8 inches in diameter and greater to be North Ocean Boulevard Overlay District: '50 VI Q -2�Ci S ilY`ar (`C''1., (� PQ J c IV.D.2. Describe the need and justification for the removal/relocation: 433 - )oyz e- IV.D.3. How is the removal from the project site of vegetation to be mitigated: �� j�i1f 't7 ti feQu� , Yl ©� RA%e r e)cte.n 51,.o Vl c`4'i v� 1-�l�n-I-rin� IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? X12 �_ _ � r- , - _ n IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 HIDDEN HARBOUR ESTATES LOT -6 1J � r o soft fern acadia white WALLS TRIM N 1P\ RECEIVED AUG 2 3 2012 Town of Gulfstream, FL ailllllll='" �� L L ��- L L F w 0 C / ) U - C ' 1 C y C / ) 0 �� F - ��' - L L L L C f O L L z N C / ) d - U ) O U ) C 1 U ) r r - t i 0 0 O C ��t N O �� O C 6 F - W U ) C Y L ~ L C �� C �� L ~ L L ~ L U ) U ' C i L ~ L C �� U , F - - L L L ~ L C �� U ) F L L U ) Z N o ( n U ) U ) L o c D U ) 0 0 c n U ' U ) i ( 1 d t i c o o L ` c o t i O m t i L t i c o o a o o o ` o o 0 0 O L ~ L L ~ L L ~ L U - L L L ~ L L ~ L L ~ L L L L L L L L O w d ��U ' C ��' 1 d ��U ' ��U ' o O O O O O O O O O V 1 w w �� Q L ~ L L - L L L L L L L L L L L L . L L C 1 C l z L L L L L L L L L L L L L L L L d 0 ( 1 4 N U ) U C j U ' d d U ' U ' d d d �� N �� C V ) O O O w U ) U ) 0 U ) O U ) U ) U ) U ) U ) U ) U ) O c o O N M O 0 0 t i M N ( D ( D O O O O O O O M C h O C h O N d ' V I - ~ t i O W Q C C Q J Z ) L a L I Z O ? = ( / ) Z O O p Z U C V ��_ [ C O u i 2 i W F - W w Z N Z W O w W W Q m o A U ) X w w L L O a Q 0 - 1 0 - Q O D C ) ( 7 Z Q w �� �� W �� 1 � L W Q w Q w W �� Z 0 ��- ' Z ( D w C ) U Y 2 �� �� o O Q w W W W U U O z L o Z ~ > W > Z F - Q < M N m Q Q o C ) F - F - > > w O > O � Q X X Q �� Z o Z W U > O _ O w - W O n �� O o o Q X J w ��< J > F - J p O C D Q O w O w 0 2 O ( n o m C 7 U ) w w J J L L - N J Q 2 w w N J Q z - i w �� Z O N < < O L L - L L �� Q F - U ) w 0 O Z O F - ( n O 0 Z Z X Q O F - F - p ��> W O O C i F - w O F - Q U a U W L L U N N Q W U ( D 0 F - L L 0 F - F - �� Q U ) Bill Thrasher From: Marty Minor <MMinor@udkstudios.com> Sent: Friday, September 28, 2012 2:16 PM To: Bill Thrasher Subject: 1230 North Ocean - Two -Story visual variation Attachments: 1230 N. Ocean Blvd 2story memo.doc Bill, A memo for your review and use. Thank you, Marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401-5758 561-366-1100 MEMORANDUM TO: William Thrasher Town Manager FROM DATE: RE Marty R.A. Minor, AICP SEPTEMBER 28, 2012 urban design kilday Urban Planning and Design Landscape Architecture Communication Graphics 1230 NORTH OCEAN BOULEVARD LOT 6 OF HARBOUR VIEW ESTATES (HIDDEN HARBOUR ESTATES PLAT TWO) ■ TWO-STORY VARIATION MEMORANDUM With the recent amendment to the Town's Zoning Code, Section 70-73(b) was adopted to help create visual interest in the two-story elevations for single family homes. This visual interest could be created through variations in the elevations. These variations could include: porches, arcades, balconies or additional second -story setbacks. This code section also allows for the Town Commission to waive this provision if: • The prescribed features are inconsistent with the home's architectural style • or, the desired visual variation is provided through other measures. With regards to the proposed Colonial West Indies home at 1230 North Ocean Boulevard, the desired visual variation is provided through changes in texture and color between the first and second stories. The second -floor exterior walls will be smooth stucco lap siding painted Benjamin Moore Soft Fern. The first story walls will be smooth stucco painted Benjamin Moore Acadia White. This variation of color and texture, in concert with the home's other architectural features, provides the desired visual variation for the home and its two-story elements. As such, I can recommend approval of the waiver referenced in Section 70-73(b) for the proposed home at 1230 North Ocean Boulevard. 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 H:\JOBS\Gulf Stream -94-012\1 230 N. Ocean Blvd\1230 N. Ocean Blvd 2story memo.doc MEMORANDUM TO: William Thrasher Town Manager :a ,I DATE: Marty R.A. Minor, AICP August 30, 2012 urban design kilday Urban Planning and Design Landscape Architecture Communication Graphics 1230 NORTH OCEAN BOULEVARD LOT 6 OF HARBOUR VIEW ESTATES (HIDDEN HARBOUR ESTATES PLAT TWO) ■ REVIEW MEMORANDUM The following is an analysis of the proposed new house at 1230 North Ocean Boulevard. Request The applicant is seeking Level 3 Architectural Site Plan Approval for a 8,857 -square foot, Colonial West Indies home on 36,402 square feet (0.83 acres) on Lot 6 of Hidden Harbour Estates, Plat Two (a.k.a. Harbour View Estates). Background On November 10, 2011, the Town Commission approved the subdivision, site plan, demolition permit, land clearing and North Ocean Boulevard permits for the 6.03 -acre Harbour View Estates project. The subdivision created six, new, single family lots west of North Ocean Boulevard and north of Hidden Harbour Drive. In January of this year, demolition, land clearing and drainage permits were granted. Construction of the site has continued until then. Land Use & Zoning EXISTING USE, ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subiect Site RS -Ocean West SF (Single Family) Lot 6, Harbour View Estates North RS -Ocean West SF (Single Family) Private Roadway and Single Family Home (1304 N. Ocean Boulevard) East RS -Beachfront SF (Single Family) North Ocean Boulevard and Single Family Home (1275 N. Ocean Boulevard) H:\JOBS\Gulf Stream -94-012\1 230 N. Ocean Blvd\1230 N. Ocean Blvd review memo.doc nue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 Mr. William Thrasher 1230 N Ocean Blvd. Review August 30, 2012 Page 2 South RS -Ocean West SF (Single Family) Private Access Road to Consistent? Floor Area Ratio Harbour View Estates and 8,857 square feet of Yes Lot 5 (Vacant) square feet of lot house West RS -Ocean West SF (Single Family) Private Access Drive and Lot 1 (Vacant) Proiect Details The following is an analysis on how the proposed house addresses the Town's development standards. 1230 N. Ocean Boulevard Town Regulation Proposed Plan Consistent? Floor Area Ratio 0.33 for first 20,000 8,857 square feet of Yes square feet of lot house + 0.20 for portion of lot over 20,000 square feet = 9,880 square feet of house allowed Building Height 30 feet 29 feet, 1 inch Yes Maximum Stories 2 stories 2 stories Yes Lot Size 30,000 square feet 36,402 square feet Yes Lot Width 100 feet 114 feet Yes Maximum Second .70 of first floor 2,964 square feet Yes Floor Area area 5,721 square feet of first floor area = 4,004 square feet allowed on second floor Setbacks Front 78 feet from 114 feet from Yes centerline of North centerline of North Ocean Boulevard, Ocean Boulevard, 50 feet from lot line 86 feet, 11 inches from lot line Side Street 30 feet 30 feet and 35 feet Yes Rear 30 feet 59 feet, 11 inches Yes Parking 2 spaces in garage, 4 spaces Yes 2 spaces outside Mr. William Thrasher 1230 N- O-cean Blvd. Review August 30, 2012 Page 3 Access Access to the lot will be through a 30 -foot access easement, which runs from North Ocean Boulevard to the six lots within the Harbour View Estates subdivision. The home, which is proposed to be surrounded by a wall and fence, will be accessed through gated driveway into the lot. Landscaping should be incorporated with the fence and wall design. Elevations of the proposed vehicular gates and surrounding wall will need to be provided for the Architectural Review and Planning Board and Town Commission review. Architecture The proposed 8,857 square foot home features a Colonial West Indies architectural style, which is a preferred architectural style for the Town. The Town -preferred hip and gable roofs feature a flat gray blend concrete tile. The eave heights are consistent with preferred elements of the Town Code. The building walls will be a smooth stucco finish with the second floor exterior walls treated as simulated lap siding. The proposed building colors are: • First Floor: Benjamin Moore Acadia White #AC -41 • Second Floor: Benjamin Moore Soft Fern (2144-40) As preferred by the Town Code, muntins have been indicated for all windows in the proposed house. The windows are rectangular with the exception of the second -story, half-moon, windows on the north and south elevations of the home's great room. Although a half moon window is not common within the Colonial West Indies architecture, the architect and independent research has confirmed that half-moon windows are used within the style as a special feature. As such, the half-moon windows are compliant with the Town Code. Recommendation As described above, the proposed Colonial West Indies style home, as provided by Richard Jones Architecture, at 1230 North Ocean is consistent with the Town Code and Design Manual requirements. As such, the proposed house is recommended for approval. Page 1 of 1 Rita Tayror From: Bill Thrasher Sent: Monday, July 16, 2012 5:03 PM To: Rita Taylor Subject: FW: 1230 N. Ocean Blvd House review sufficiency memo.doc Attachments: 1230 N. Ocean Blvd House review sufficiency memo.doc Progress report on 1220/1230 NOB. I forwarded to the architect and Tom. From: Marty Minor [mailto:MMinor@udkstudios.com] Sent: Monday, July 16, 2012 4:53 PM To: Bill Thrasher Subject: 1230 N. Ocean Blvd House review sufficiency memo.doc Bill, Attached for your review and use is the sufficiency letter for the Epstein residence at 1230 N. Ocean Boulevard. These items should be provided so a full evaluation regarding its compliance with the Town code can be made. Thank you, marty 7/17/2012 MEMORANDUM TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: July 16, 2012 RE: 1230 NORTH OCEAN BOULEVARD ■ LEVEL 3 REVIEW SUFFICIENCY MEMORANDUM urban deign iI Urban Planning and Design Landscape Architecture Communication Graphics Consistent with Section 66-145(c)(6) of the Town's Code of Ordinances, please accept this memorandum as the sufficiency determination for the proposed plans for a single- family home at 1230 North Ocean Boulevard. The following is a list of items, plans and information that are required prior to an evaluation of the Level 3 Architectural review: 1. Correct the FAR calculations on Site Plan, Sheet SP -1, Site Data table. The correct ratio is .033 FAR for the first 20,000 s.f. of lot size. 2. Provide lot dimensions on the site plan. 3. Provide calculations that confirm compliance with the 40% lot landscaped open space requirement. These calculations should include information regarding lot coverage, pervious/impervious areas, and landscaped open space area. 4. Provide dimensions of the proposed driveway, motor court and walkways on the revised site plan. 5. Provide dimensions regarding the length and width of the proposed building on the revised site plan. 6. Provide a landscape plan for the site. Particular care should be used in designing the buffer between the proposed house and the subdivision roadway to the south. Existing and proposed landscape should be identified. 7. On the Floor Plans, Sheet A-1, provide dimensions to the length and width of the building. 8. Please indicate building colors on the elevations, Sheet A-2. 9. Provide dimensions for windows, wall heights and other architectural features and treatments. 10. Please note that a higher percentage of window area than wall area on an elevation is prohibited in the Town Code (Section 70-101(d)(6)). Provide calculations indicating conformance with this Town standard. 11. The large "half moon" window on the second floor of the north and south elevations appear to be inconsistent with size and shape of the other proposed windows and the H:\JOBS\Gulf Stream_94-012\Epstein Residence\1230 N. Ocean Blvd House review sufficiency memo.doc 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 Mr. William Thrasher July 16, 2012 1130 N. Ocean Blvd. Residence Review Page 2 architectural style. Consider replacing these windows with windows more consistent with the architectural style. 12. Provide an elevation of the entry door. 13. Provide a digital copy in the .DWG format. Once this information is provided, the application will be complete and an evaluation and recommendation can be made regarding this request. If you have any questions or comments, please feel free to contact me at any time. Richard Jones ARCHITECTURE AA26001617 1 IB26001056 10 S.E. FIRST AVE DELRAY BEACH FLORIDA 33444 15612749186 1 www.rjarchitecture.com Please see attached responses to comments for Hidden Harbour Estates Lot -6. 1. Correct the FAR calculations on Site Plan, Sheet SP -1, Site Data table. The correct ratio is .033 FAR for the first 20,000 s.f. of lot size. The FAR calculations have been provided determined on effective lot area and are shown on sheet SP -1. 2. Provide lot dimensions on the site plan. Lot dimensions have been provided on the site plan sheet SP -1. 3. Provide calculations that confirm compliance with the 40% lot landscaped open space requirement. These calculations should include information regarding lot coverage, pervious/impervious areas, and landscaped open space area. Full calculations have been provided on SP -1 4. Provide dimensions of the proposed driveway, motor court and walkways on the revised site plan. Dimensions have been provided on sheet SP -1. 5. Provide dimensions regarding the length and width of the proposed building on the revised site plan. Dimensions have been provided on sheet SP -1. Richard Jones ARCHITECTURE AA26001617 1 IB26001056 10 S.E. FIRST AVE DELRAY BEACH FLORIDA 33444 15612749186 1 www.rjarchitecture.com 6. Provide a landscape plan for the site. Particular care should be used in designing the buffer between the proposed house and the subdivision roadway to the south. Existing and proposed landscape should be identified. Refer to landscape plans prepared by Dave Bodker. 7. On the Floor Plans, Sheet A-1, provide dimensions to the length and width of the building. Dimensions have been provided on sheet a1 -a2. 8. Please indicate building colors on the elevations, Sheet A-2. Building colors have been listed on the elevation sheets and color chips have been provided. 9. Provide dimensions for windows, wall heights and other architectural features and treatments. dave bodker landscape architecture/planning inc. 601 n congress avenue, suite 105 a delray beach, florida 33445 561 .276.631 1- (fax) 561 .276.3869 August 28, 2012 Bill Thrasher Town of Gulf Stream 100 Sea Road Delray Beach, FL 33483 RE: Epstein Residence 1230 N. Ocean Blvd (Lot 6, Hidden Harbor Estates) RECEIVED ., AUG302012 TOwn Of Gulfstream, FL We have revised the hardscape and planting plans for this residence. The overall height of walls, columns and railings, including any lights and wall or column caps, will be 6'. 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