HomeMy Public PortalAbout09/22/2011MINUTES 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 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
Charles Frankel, III
Malcolm Murphy
Thomas Smith
Amanda Jones
William H. Thrasher
Rita L. Taylor
John Randolph
Gary Eliopoulos of
GE Architects
Mark Grant, Esq.
Ruden, McClosky
Beth -Ann Krimsky, Esq.
Ruden, McClosky
Dave Bodker of
Landscape Architecture
Planning, Inc.
Joe Pike of
Enviro Design
Paul Engle of
O'Brien, Suiter et al.
Tom Laudani of Seaside
Builders, LLC
Jim Neeves
Bill Himmelrich
Scott Morgan
Lisa Morgan
Frank Tabolsky, Esq.
Marty Minor of Urban
Design Kilday Studios
Chairman
Vice - Chairman
Board Member
Board Member
Board Member
Alternate Member
Town Manager
Town Clerk
Town Attorney
Architect /Hidden
Harbour, Plat II
Rep /Hidden Harbour,
Plat II
Rep /Hidden Harbour,
Plat II
Landscape Arch. /Hidden
Harbour, Plat II
Proj. Engineer /Hidden
Harbour, Plat II
Land Surveyor /Hidden
Harbour, Plat II
Agent /Joel T. Strawn
PR for Spence Estate
11 Hidden Harbour Dr.
1304 N. Ocean Blvd.
1135 N. Ocean Blvd.
1135 N. Ocean Blvd.
Rep. Martin O'Boyle of
23 Hidden Harbour Dr
Town Consultant
III. Minutes of the Regular Meeting and Public Hearin of 7- 28 -11.
Mr. Smith moved and Mr. Frankel seconded to approve the Minutes of the
Regular Meeting and Public Hearing of July 28, 2011. There was no
discussion. Roll Call: Mr. Frankel, AYE; Vice - Chairman Morgan, AYE;
Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion
passed 5 - 0.
Chairman Ganger commented on the Commission Minutes which the ARPB now
receives from the Town Clerk and, for the record, he wanted to offer his
appreciation to Commissioner Wheeler's comment thanking the ARBP for
their diligence in the Brown matter and the Staff for the way they
C_
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011
Page 2
thought it through and presented the facts to the ARPB and to the
Commission.
IV. Additions, withdrawals, deferrals, arr
Clerk Taylor requested to move Public Hearing
first due to a possible quorum issue later in
accepted the change in the Agenda.
V. Announcements.
A. Meeting Dates
1. Regular Meeting
a. October 27,
b. November 17,
c. December 28,
d. January 26,
e. February 23,
There were no conflicts in the
ngement of a
Item VI.A.3
the meeting.
i
The Board
& Public Hearing
2011 @ 8:30 A.M.
2011 @ 8:30 A.M.
2011 @ 8:30 A.M.
2012 @ 8:30 A.M.
2012 @ 8:30 A.M.
Meeting Schedule at this time.
VI. PUBLIC HEARING.
Chairman Ganger announced that he will ask for ex -parte communications
to be declared prior to each application. He asked those planning to
testify during any portion of this Hearing to stand and be sworn in.
Clerk Taylor administered the Oath to: Mr. Gary Eliopoulos of GE
Architects, Mark Grant, Esq. and Beth -Ann Krimsky, Esq. of Ruden,
McClosky, Frank Tabolsky, Esq, Mr. Dave Bodker of Landscape
Architecture /Planning, Inc, Mr. Joe Pike of Enviro Design, Mr. Paul
Engle of O'Brien, Suiter & O'Brien, Mr. Tom Laudani of Seaside Builders,
LLC, Mr. Marty Minor of Urban Design Kilday Studios, Mr. Jim Neeves, Mr.
Bill Himmelrich, Mr. Scott Morgan and Ms. Lisa Morgan.
A. Applications for Development Approval
3. An AMENDED /DEFERRED application from the Public Hearing of
July 28, 2011 submitted by Tom Laudani of Seaside
Builders, LLC as agent for Joel T. Strawn, Successor
Trustee of Regina W. Spence Revocable Trust and as
Personal Representative of the Estate of Regina W.
Spence that includes property located at 1220 N. Ocean
Boulevard, Gulf Stream, Florida, legally described as Lots
4, 5 & 6 of Golf Course Addition and Tract A of Hidden
Harbour Estates Subdivisions, Gulf Stream, Florida, for
the following:
a. SUBDIVISION REVIEW to permit the division of the
above described property into six (6) single family
lots to be known as Hidden Harbour Estates -Plat II
Subdivision.
b. DEMOLITION PERMIT to demolish existing structures on
this property.
C. NORTH OCEAN BOULEVARD OVERLAY PERMIT to permit
alterations within this Overlay District to create
three of the proposed six lots in Hidden Harbour
Estates -Plat II Subdivision.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 3
d. LAND CLEARING PERMIT to allow excavation for
installation of drainage and utilities \easements and
streets.
e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
subdivision of the property at 1220 N. Ocean Blvd.
into 6 single family lots to be known as Hidden
Harbour Estates -Plat II.
ARPB Member Tom Smith recused stating his firm is the accounting firm
for the Spence Estate. ARPB Vice - Chairman Scott Morgan recused stating
he is an adjoining property owner of Hidden Harbour Plat II and could be
affected by the proposed subdivision. A quorum remained.
Chairman Ganger asked if there were any ex -parte communications
concerning this application. Mr. Frankel stated he communicated with
Staff concerning the proposed subdivision prior to the previous meeting.
Chairman Ganger stated he had discussions following the last meeting
with Mr. O'Boyle regarding the process and, with the approval of parties
related to this project, he made a site visit with Bob Carr, an
archeologist who was aware of the interest in the historic status of the
home and grounds, and did an informal walk through of the property with
Mr. Carr.
Beth -Ann Krimsky, Esq., of Ruden, McClosky, stated she was here with her
partner, Mark Grant, Esq. in relation to the application set forth on
the Agenda as Item VI.A.3. concerning the Spence property. She said
they are seeking Plat Subdivision approval, which is required to be
given under consideration of F.S. Chapter 177 and the objective criteria
set forth the in the Code, which they believe they meet. Ms. Krimsky
said she prepared a binder for each member of the Board and Staff which
includes depictions of the plat, various letters received from the City
of Delray Beach, traffic engineering reports and drainage calculations,
all of which support the applicant as having met all objective criteria
set forth in the Code. It also supports that there is no basis to deny
plat approval once the objective criteria have been met under Broward
County vs. Narco and other applicable law. Mr. Grant distributed
binders to the Board and Staff. Ms. Krimsky said she understands the
development review process mixes site plan characteristics. She stated
that the Applicant is here today to address some of those items and
comments, but they do not waive any rights or objections to the
inclusion of any characteristics that are not objective criteria set
forth in the plat requirements.
Ms. Krimsky introduced the project team, as follows: Gary Eliopoulos,
Project Architect, will explain the Plat and some changes made as a
result of comments made by the Town and by neighbors who met with the
Team; Mark Grant, Esq., will explain the Memorandum of Understanding at
Tab 18 of the binder which was prepared in conjunction with meetings
with the neighbors; Joe Pike, Project Engineer, will explain some of the
improvements to the drainage from the property; Dave Bodker, the
Landscape Architect, will explain the preservation of a landscape buffer
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 4
and the canopy; and Paul Engle, Plat Surveyor, will testify that the
plat meets all requirements of Chapter 177.
Chairman Ganger asked if there was anything in the binder that the Board
did not receive as part of their meeting packets. Ms. Krimsky said the
day before this meeting they received a letter from the Town of Gulf
Stream dated September 15, 2011 which is included in the binder, along
with the Memorandum of Understanding. She said they are presenting
these documents to be part of the record of this Quasi Judicial
Proceeding. Ms. Krimsky said there are no changes to the Plat other
than those requested by the Board at the previous meeting. Mr. Thrasher
said some of the binder information, such as drainage calculations, were
not previously provided to the Board and he asked Joe Pike to comment on
that. Ms. Krimsky said that during the Quasi Judicial Hearing they will
be presenting evidence supporting this application and showing they meet
the plat requirements.
Chairman Ganger said we are here today primarily because the neighbors
felt they did not have adequate opportunity to review the project and
meet with the developer. Mr. Grant stated that he and Mr. Tabolsky, who
is Mr. O'Boyle's attorney, worked out a written Memorandum of
Understanding which has been signed by his client and Mr. Tabolsky's
client, and he will summarize the Memorandum of Understanding to explain
all issues they have agreed upon. Ms. Krimsky commented that some of
the changes they made are related to addressing the neighbors' concerns.
Gary Eliopoulos of GE Architecture, 205 George Bush Blvd., Delray Beach,
introduced himself. He said this is an important project for Gulf
Stream and thanked the Board and the community for an opportunity to
present this project again. He said, for the record, he believed the
last project did meet the Town's LDRs, but felt if it did not fit within
the community they needed to look at it again. Mr. Eliopoulos said
since July they had several meetings with surrounding neighbors to
address their concerns. He said the original drawings indicate each of
the six lots having their own driveway entrance, which met all of the
criteria. Mr. Eliopoulos referred to new drawings indicating an
internal driveway, commonly called a hammerhead, and explained that as a
result of trying to satisfy certain concerns of the neighbors Lot 4 in
the southeast corner has its own driveway coming off of AlA and as you
come between Lots 6 and 5 the road Ts to service the back three lots.
He said many services come into play such as fire, emergency and trash
pickup and this new design has been stamped by the City of Delray Beach
Fire Department as meeting their criteria to service these homes. Part
of their criteria is that the portion of the hammerhead going north
and /or south must be a minimum of 45 feet and he said they clearly
exceed this by going south 166 feet and north 78 feet. In addition, the
radius of the asphalt must be 33 feet.
Mr. Eliopoulos thanked Staff and Urban Design for looking at the project
and providing comments. He said the Town Manager was concerned with
setbacks and he explained that the first three lots have certain setback
criteria which needed to be met. Lot 4 met the setback requirement and
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 5
they shifted the setbacks on lots 6 and 5 to meet the minimum 30'
setback requirement. In addition, he said the rear of lots 4, 5 and 6
meet the minimum 30' setback from the driveway and he has a signed and
sealed document confirming that which he will provide to the Town.
Chairman Ganger asked Mr. Eliopoulos about a "turnaround" which was
�. discussed in one of Urban Design's documents providing room for fire
trucks to turn around. Mr. Eliopoulos explained that the City of Delray
Beach has criteria for different means to access and exit a site and a
turnaround was one of the options. He said they submitted a document
from the Fire Department showing that this was the option chosen and it
was approved.
Mark Grant, Esq. of Ruden, McClosky, introduced himself and summarized
the Memorandum of Understanding, as follows:
1. The name "Hidden Harbour Estates" will not be used, but the Plat
will be called Hidden Harbour Estates Plat II. The name of the
community will be Harbour View Estates, which will appear on all
marketing materials.
2. They will assist the neighbors in engaging an engineer to review the
septic and drainage designs which are now being finalized and, in
addition to meeting South Florida Water Management District (SFWMD)
requirements, their engineer will have an opportunity to confirm that
the proposed drainage system will improve their drainage situation.
Chairman Ganger said he thought the drainage plan was incomplete. Mr.
Thrasher said the information required by the Town and the Town Engineer
was not included in the earlier document and he was verbally informed
that the calculations would be provided. He imposed a condition stating
that the Town Engineer must have an opportunity to review and approve
the plan. Mr. Thrasher said changes have been made since the conceptual
drainage plan was submitted to the Town and the plan is favorable. Mr.
Randolph commented that any recommendations by the ARPB to the Town
Commission would be subject to the Town Engineer's final approval of the
drainage plan.
Mr. Joe Pike of EnviroDesign explained that they have been meeting with
property owners and surrounding neighbors taking all of their concerns
into consideration and they have made changes to the plans as recently
as this week to improve their situation. He said all calculations are
preliminary in that they have not yet been permitted by SFWMD. Mr. Pike
said that everything is subject to approval, but they are only asking
for approval of the Plat Subdivision at this point and not engineering
approvals.
3. There will be no vehicular acces
road to the west. The new hammerhead
roads, other than those that purchase
western road with golf carts to carry
Chairman Ganger asked if the new road
Grant said it will be private and the
s to the road to the south and the
design does not make use of those
Lots 1, 2 and 3 can use the
supplies to their boats.
was going to be a Town road. Mr.
six lot owners will form a
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 6
Homeowners' Association and will be responsible for maintaining the
road, drainage system and landscape buffers. He said it will not be
gated and the easement on the plat will be open for public services.
4. The tree canopy on the south road will be maintained and they will
create a 15 -foot buffer on the property covering that road.
5. In the event of drainage problems on the south road, Harbour View
lot owners will contribute 50% of the repair cost. Currently, the
recorded document shows all drainage repair to be covered by Hidden
Harbour Estates.
6. They agree to indemnify Hidden Harbour lot owners in the event
Harbour View lots cause any drainage or septic issues.
7. They agree to coordinate and review the landscaping design and site
grading with Hidden Harbour lot owners.
8. They agree to take over maintenance costs of the area adjacent to
the canal which is Tract A and will be a part of new Lots 1, 2 and 3.
9. They agree that Hidden Harbour lot owners have no personal
liability with respect to this Memorandum of Understanding.
Mr. Tabolsky, Esq., of Philadelphia, PA introduced himself and stated
that he represents Mr. O'Boyle, Mr. and Mrs. Neeves, Ms. Gibson and Mr.
Krepps. He said they worked extensively with Mr. Grant and his client
over the past two weeks and they are very pleased with the work that was
done. Mr. Tabolsky confirmed that they have signed the Memorandum of
Understanding, he has the originals and a copy will be submitted to the
Town for the record.
Mr. Paul Engle of O'Brien, Suiter & O'Brien Land Surveyors introduced
himself and displayed the Plat for which they are requesting approval
and he stated that it meets all plat requirements of F.S. Chapter 177.
Chairman Ganger inquired about the return of Tract R to the Town. Mr.
Engle confirmed that Tract R will be dedicated to the Town and Marty
Minor added that Tract R will be dedicated to the Town as road right -of-
way.
Dave Bodker of Dave Bodker Landscape Architecture introduced himself and
stated that, as depicted on the plan submitted to the Town, they propose
to maintain the 15 -foot buffer along the south roadway. Chairman Ganger
said the canopy is part of the natural appearance of this property and
asked Mr. Bodker to elaborate on the landscape plan. Mr. Bodker said
all trees that hang over the wall creating a canopy will be maintained
and they will do whatever they can to protect the root systems, possibly
by creating a tree well. Mr. Thrasher asked if any root systems will
extend beyond the buffer and Mr. Bodker said there is one that may lie
on the 15' buffer. Ms. Krimsky asked what Code requires for a buffer
zone and Mr. Bodker said 3 feet. Ms. Krimsky asked about the width of
the buffer zone on the plat and Mr. Bodker said it is 15' on the south
side. Mr. Randolph asked if the HOA will be responsible to maintain the
buffer zone and Mr. Grant confirmed that. Chairman Ganger asked how the
HOA will maintain the buffer zone if there are no lot owners. Mr. Grant
explained that the developer will own all 6 lots initially and will
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 7
maintain the buffer. As lots are sold they will each pay their share
and the developer will continue to pay for the unsold lots until buyout.
Ms. Krimsky said although they understand there are many concerns of the
ultimate project, today they are seeking approval of the plat only.
Chairman Ganger said this is a very important project for the Town and
one that could be launched today and he asked the project team to be
patient with questions they may have already answered. He said it
appears that some homeowners have signed a document and are okay with
the project and other homeowners that still have concerns.
Mr. Randolph asked if there were comments from the public. Ms. Krimsky
said they would like an opportunity to cross examine individuals who
plan to comment.
Jim Neeves, Representative of the Control Committee of Hidden Harbour
Estates, stated that he has consulted with a number of property owners
in Hidden Harbour Estates and none are in disagreement with what has
been done. Property owners that could not be contacted have expressed
no objections to date.
Bill Himmelrich of 1304 N. Ocean Blvd. introduced himself and stated
that he participated in three separate meetings with his neighbor,
George Elmore, Tom Laudani of Seaside Builders and Joe Pike, the Project
Engineer. He said everyone is confident that Seaside Builders will
perform as promised and any issues brought forth in the future will be
addressed at that time. Mr. Himmelrich said he wanted to go on record
at this Quasi - Judicial Hearing that neither he nor Mr. Elmore have
signed any agreements, but they are dedicated to cooperating in this
matter. He said he has a verbal commitment from Mr. Laudani that the
same benefits regarding indemnification will apply to surrounding
neighbors.
Lisa Morgan of 1140 N. Ocean Blvd. introduced herself and said her
property borders the south side of the Spence property. Ms. Morgan said
she did not attend the previous meeting and has not met with the
developers. She said she has several concerns with the project as it
stands and believes it should be seriously considered by the Board and
the community. Although it may technically meet with Code, she said
she feels it is not consistent with the intent of the development of the
area. Ms. Morgan said she agrees that the canopy is an integral part of
Gulf Stream and expressed her concerns with the hammerhead saying she
would like some guarantee from the developer that vehicles will not exit
through the canopy. She said it would be dangerous due to poor
visibility and headlights would aim directly into their home. In
addition, she said there is no height guarantee for the 15 -foot buffer
zone and is concerned about canopy trees coming down in the road in a
storm, and she is concerned with drainage because their property has the
natural swale and they already have drainage issues. She said if this
plan is approved today the drainage plan will follow and asked if
adjoining property owners will have an opportunity to comment on the
drainage plan and will they be indemnified and guaranteed that the
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 8
drainage will not affect them. In closing, she asked if the developers
will be sharing in the undergrounding project fees and, if so, will that
reduce the fees for Hidden Harbour Estates property owners and those to
the south. Mr. Thrasher said the estate is responsible, but the
assessment goes with the property.
Chairman Ganger asked Ms. Morgan to elaborate on the natural swale. Ms.
Morgan said it runs down the AlA side and is within 5 feet of there
home. She said they have not seen the drainage plans and she would like
to have the indemnification extended to their property.
In cross examination, Ms. Krimsky asked Ms. Morgan if she lives directly
south to the area which is being platted. Ms. Morgan said "yes." Ms.
Krimsky asked Ms. Morgan if she is married to a member of the Board.
Ms. Morgan said "yes." Ms. Krimsky asked Ms. Morgan if she has
discussed with Mr. Pike the concerns she has about the swale in relation
to her property. Ms. Morgan said "no." Ms. Krimsky asked Ms. Morgan,
in relation to the hammerhead turn and a preference to having an
entrance onto your road, is any of that depicted on the plat being
presented today? Ms. Morgan said "no, but her understanding is that any
governmental agency servicing that area has the ability to say that it
is not sufficient and therefore the access could be opened up down the
road and that is her concern." Mr. Krimsky asked Ms. Morgan where she
obtained that understanding. Ms. Morgan said "from basic research and
phone conversations." Ms. Krimsky asked Ms. Morgan if she spoke to the
Delray Fire Department. Ms. Morgan said "no because she has not had the
opportunity, but she believes it goes beyond the Delray Beach Fire
Department." Ms. Krimsky said the architect and the engineer will
address approvals, but the plat they are seeking approval for has no
entrance onto Tract R, which is a road to be dedicated to the Town.
Mr. Pike said he did not have the opportunity to meet with the Morgans
and welcomes the opportunity to do so. He said the low spot is through
the natural swale and there are standing water issues on the north side.
Mr. Pike said the plans are subject to approvals, but SFWMD and other
jurisdictional agencies dictate that we are to protect neighboring
properties and cannot shed water on them or impair there drainage. Mr.
Pike addressed the issue of headlights aiming directly at the adjoining
property saying that there will be a permanent site wall with 15 feet of
buffer.
Chairman Ganger said the Project Team should meet with the Morgans
before moving ahead with this. Mr. Pike said they extended the offer to
all of the neighbors to answer any questions they may have. Ms. Morgan
asked the Board to request that the developer state on record that they
will extend the indemnification of drainage to the adjoining neighbors
as a good will effort in the event the Board passes this plan today.
Ms. Krimsky said when the developer understands the scope of that
indemnification they will be happy to address the matter, but the
developer will take all steps to avoid making drainage situations any
worse than they are at this time.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 9
Mr. Randolph stated that the Architectural Review and Planning Board is
an Advisory Board to the Town Commission. He said when the Town
Commission hears the application, they will have the opportunity to
place any reasonable conditions upon the application as they see fit and
they will make the final decision. Ms. Morgan asked Mr. Randolph if the
Board would make their own investigation as to whether or not the
covenant is expired. Mr. Randolph said they would not because the Board
l does not enforce private declarations of properties. He said the
covenant was represented to the Board by the Marketable Record Title Act
as being expunged.
Mr. Scott Morgan of 1140 N. Ocean Blvd. introduced himself and stated
that his property is adjoining to the south of the subject property and
he is an ARPB Member on recusal. Mr. Morgan said the standard of review
is important here because this is a subdivision and plot plan in an area
that has seen nothing like it before. He said there are Code
requirements and the Design Manual gives instructions to the Board and
Commission as to how they should view applications. At Section 70 -4(c)3
the goal is to maintain the consistency of neighborhood character. At
Section 70 -26 it explains in detail that the uniqueness of Gulf Stream
is its five neighborhoods, each of which is different and defined. He
said in determining neighborhood districts it looks at parcel size,
vegetation and other issues. Section 70 -27 says that any proposed
project must be compatible with, and complimentary of, the overall
character of that neighborhood district, which is the Ocean West
District. The Design Manual defines these properties as being quite
large with setback -rate distances from the road and creating an estate -
like feel that is unique to this neighborhood. Mr. Morgan said this
should guide the Board and the Commission in their determination as to
whether this fits within the Design Manual. He displayed an aerial
photograph submitted by the applicant which he believes gives the best
visual of what this subdivision will look like within the district. Mr.
Morgan said it is a shoehorned development of six lots in an area of a
large estate -like feel with long road driveways to large parcel
properties. Mr. Morgan said it does not fit within the context of the
neighborhood.
Mr. Marty Minor of Urban Design Kilday Studios introduced himself and
stated that he has been retained by the Town of Gulf Stream to help in
the review of this application. He said the hammerhead issue is the
first thing he picked up on and recommended they get approval from the
City of Delray Beach, and he also recommends they seek approval from
Waste Management. Mr. Minor said the largest concern is that the
developer is showing many improvements to walls and roads and, before
the first application for elevations is submitted, more information is
required and a plan must be in place indicating when these improvements
will be completed. He said these conversations have begun and there is
continuing dialogue concerning the process of phasing of improvements.
Mr. Randolph said all of this information would typically be included in
a development agreement. He said if the ARPB recommends approval to the
Town Commission and the Town Commission approves this application he
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 10
recommends that the Town enter into a development agreement which
indicates when the development will be completed. Mr. Randolph
explained that the developer must post a bond of 110% or 125% of the
cost and the development agreement would prove that a bond was posted.
If the improvements are not completed as indicated, the Town can use the
bond to complete the improvements.
i Mr. Minor said these are some of the issues they are still working
through. Ms. Krimsky asked Mr. Minor if the plat comports with all of
the Town Code requirements. Mr. Minor said "yes, for this initial plat
approval and the development agreement that will tie into it, but we
still need more information regarding drainage calculations and how
everything works." Ms. Krimsky asked Mr. Minor if any variances were
being requested in connection with the plat approval. Mr. Minor said
"no."
In closing, Ms. Krimsky asked the Board to please consider this plat
application as it is under the law using the objective criteria that are
actually applicable to a plat application. She said they understand
that at site plan and further development processes the Board will have
the opportunity to address issues such as permanency of the walls,
certain swales or other items that would appropriately be in a
development agreement, which will come at the next stage of this
process. She thanked the Board for their consideration.
Chairman Ganger asked for comments from the Board.
Mr. Murphy stated that an incredible amount of work has been presented
and what must be considered is the element of objective criteria and
also the intangible elements of what Gulf Stream is about. He said
there are a number of concerns that can be addressed as the project
moves forward.
Mr. Frankel referred to Mr. Morgan's comment about the area and the
estate -like feel of it. He said the lot sizes to the south are either
comparable or smaller than the proposed lots and there is already a
precedent for lots of this size.
Chairman Ganger commented that Mr. Frankel voted against an approval at
the previous meeting because the neighbors had not been given the
opportunity to express their concerns, but now they have. He said he
_ does not want to see the property go and the natural beauty of the site
change, but there are some compromises to be made, being that the
property will never be the same, but it may add value to the community.
Chairman Ganger reminded Mr. Eliopoulos that, if this is approved by the
Board and the Commission, he offered to help the Town with some form of
architectural history. He said the archeologist said the property was
once under water and he felt that the property is a unique example of
what was once a dune with a lagoon. Chairman Ganger said the Town
should have a historical record of the geology of the property performed
by a professional so that it will be known what it was at one point in
time.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 11
Mr. Frankel moved and Mr. Murhpy seconded to recommend approval of a
demolition permit to demolish existing structures on this property, with
the condition that prior to demolition the new owner will agree to allow
the Town to do a photographic survey of the house as part of the
historic record. There was no discussion. Roll Call: Mr. Frankel,
AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 3 - 0.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval to
permit the division of the described property into six (6) single family
lots to be known as Hidden Harbor Estates -Plat II Subdivision subject to
an agreement with the homeowners, subject to a development agreement
being prepared and agreed to by the Town Commission and subject to
finalization of the drainage plan. Roll Call: Mr. Frankel, AYE; Mr.
Murphy, AYE; Chairman Ganger, AYE. The motion passed 3 - 0.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
North Ocean Boulevard Overlay Permit to permit alterations within this
Overlay District to create three of the proposed six lots in Hidden
Harbour Estates -Plat II Subdivision. Roll Call: Mr. Frankel, AYE; Mr.
Murphy, AYE; Chairman Ganger, AYE. The motion passed 3 - 0.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Land Clearing Permit to allow excavation for installation of roads
drainage and utilities /easements, subject to performing a geological
survey prior to excavation. Roll Call: Mr. Frankel, AYE; Mr. Murphy,
AYE; Chairman Ganger, AYE. The motion passed 3 - 0.
The Public Hearing recessed at 9:45 A.M. and reconvened at 10:00 A.M.
ARPB Member Malcolm Murphy was excused, Vice - Chairman Morgan and Mr.
Smith returned to the Hearing.
1. An application submitted by Robert E. Fetrow, Gator
Engineering, as agent for George & Mary Morris, owners of
the property located at 4 Little Club Road, Gulf Stream,
Florida, which is legally described as Unit #4 of Las
Casitas, Inc., to consider the following:
LEVEL 2 ARCHITECTURAL /SITE PLAN REVIEW to permit a room
addition consisting of 336 square feet to an existing
Bermuda style single family dwelling and an 80 square foot
patio deck.
There was no ex -parte communication declared.
Mr. Fetrow of Gator Engineering, agent for Mary and George Morris, said
they are proposing a one -room addition consisting of 336 SF to the
existing Bermuda -style single story structure and a patio deck
consisting of 80 SF, extending the exterior elevation 10 feet from the
existing structure. Mr. Frankel moved and Vice - Chairman Morgan seconded
to approve Level II Architectural /Site Plan based on a finding that the
proposed 336 SF addition to an existing Bermuda style single story
dwelling meets the minimum intent of the Design manual and applicable
review standards. There was no discussion. Roll Call: Mr. Frankel,
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 12
AYE; Mr. Morgan, AYE; Mr. Smith, AYE; Chairman Ganger, AYE. The motion
passed 4 - 0.
2. An application submitted by Richard H Brummer as a t
gen
for Mark and Lynn Brody, owners of the property located at
2765 Avenue Au Soleil, Gulf Stream, Florida, which is
legally described as Lot 92 Place Au Soleil Subdivision
and a parcel described in metes and bounds in Section 4,
Township 46 South, Range 49 East, to consider the
following:
LEVEL 2 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a Bermuda style detached cabana and
summer kitchen consisting of 660 square feet.
There was no ex -parte communication declared.
Richard H. Brummer of Urban Design in Boca Raton, FL, agent for Mark and
Lynn Brody, said they are proposing construction of a Bermuda style
detached cabana and summer kitchen consisting of 660 SF next to their
swimming pool.
Chairman Ganger asked if the plans had been reviewed by the neighbors.
Mr. Brummer said he has only discussed this application with Staff.
Clerk Taylor said the neighbors were notified and there have been no
inquiries or objections. Mr. Smith asked if this property was two lots
and Clerk Taylor confirmed that. Chairman Ganger asked why Lot 92 is
circled on the survey. Clerk Taylor explained that additional property
was added, but a utility easement was a part of the plat and, therefore,
could not be built on. The two parcels had to be unified to accommodate
this improvement. Vice - Chairman Morgan moved and Mr. Smith seconded to
approve Level II Architectural /Site Plan based on a finding that the
proposed Bermuda style detached cabana and summer kitchen consisting of
660 SF meet the minimum intent of the Design Manual and applicable
review standards. There was no discussion. Roll Call: Mr. Frankel,
AYE; Vice - Chairman Morgan, AYE; Mr. Smith, AYE; Chairman Ganger, AYE.
The motion passed 4 - 0.
VII. Items by staff.
A. Proposed Amendments to Comprehensive Plan & Land
Development Regulations Re: Annexed Property -Urban Design
Kilday.
Marty Minor of Urban Design Kilday Studios introduced himself and said
when the 16.6 acres were annexed into the Town they began a series of
analysis. He said there are 12 properties, 102 dwelling units with
another 34 dwelling units approved but not built. Within the purpose of
this discussion is the procedure of how the Town will incorporate this
property into the Comprehensive Plan and the Town's zoning code. Mr.
Minor said he has made several recommendations as a means of opening up
this discussion. He said they first looked at the surrounding land use
maps and that area did have a Palm Beach County HR12 designation which
had a minimum of 5 DUs per acre up to 12 DUs per acre. There is single
family development within the Town and multi - family to the south with
high density residential development that is up to 10 units per acre.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 13
Within the Town, multi - family has a maximum density of 5.7 units per
acre. Within the existing development we have a range of developments
anywhere between 8 to 16 units per acre. He said they looked at
setbacks and they can create either a new category or bring them into
existing categories already established by the Town. He said he is
recommending the latter and has a way to address the non - conforming
densities within these properties.
Mr. Minor said in updating the comprehensive plan they did population
projection estimates and estimated that within 102 existing units there
are 131 residents. He said this was done by taking Census information
of persons per unit, which is 2.15 for the Town of Gulf Stream, and a
40% seasonal variation. Because of the seasonal nature of some homes in
Gulf Stream we come up 131 residents. Chairman Ganger asked Mr. Minor
how they treated Gulf Stream Manor. Mr. Minor said it was treated as
not a unit and it was not included within the 131 number because it is
commercial, which is a non - conforming land use. Under the Town's
conformed land use and zoning regulations, if that use ceases for 90
days it would have to come into conformance with Town Code. With regard
to the overall population for the Town of Gulf Stream, Clerk Taylor said
she just received correspondence from the University of Florida about
their 2010 Census. She said they have officially certified the Town at
a population of 885 which includes the annexed area and, therefore, that
figure should be changed. Chairman Ganger said it is difficult to get
an accurate population count in a seasonal community and you must take
into account that some residents are not US citizens and would not be
included in a Census.
Mr. Frankel pointed out that Gulf Stream Manor is not included in the
district list. Mr. Minor said they should be on the list and Chairman
Ganger said they are not residents. Mr. Frankel wanted to clarify that
if Gulf Stream Manor were destroyed by an act of God it could be
reconstructed even though it is not in compliance with the Code, but if
a developer came in and demolished it they would not be able to
reconstruct it. Mr. Minor confirmed that. He said there is language
currently under non- conforming that says if a hurricane blows down one
of these buildings under the current Code and if more than 50% is
destroyed, they would have to meet current regulations which is a change
in density. Mr. Minor said the language he is proposing is similar to
language used in Delray, Boca and Ocean Ridge which says, if any
building or nonconforming residential density located in a residential
district is damaqed by flood, fire, explosion or any other casualty, act
of God, or the public enemy, the buildings may be repaired or
reconstructed and the residential density shall not be increased The
repaired or reconstructed residential building shall be of a no greater
height, no reduction in nonconforming setbacks and no greater square
footage or total living area in existence in the building prior to the
rdless of the extent of the damage. Reconstructed units
ject to the applicable fire and building codes at the time
nce of the building permits for the reconstruction. He said
a safety net for people who have these units.
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 14
Mr. Frankel left the meeting at 10:10 a.m. and a quorum remained.
Chairman Ganger asked Mr. Minor what would happen if 4001 N. Ocean, for
whatever reason, was not completed. Mr. Minor said if site plan
approval expired there would be no development approvals for that
property and it would have to comply with Town Code. His recommendation
is that it be a multi- family land use district, as the other multi-
family buildings in the Town, and a multi - family residential east for
that property to incorporate within the existing framework of the
regulations. Mr. Smith asked what that density would drop to. Mr.
Minor said right now it is at 9.7, it would drop to 5.7 maximum and they
would have to come back to the Town to request development approval. He
said they would have to come back to the Town for development approvals
for the western properties also. Chairman Ganger asked the Board and
Staff if they are comfortable designating the western side as a multi-
family for the future. He asked Mr. Minor if there is a mixed use
category allowing single family and multi - family in the same district as
there is now along County Road. Chairman Ganger said as a long -term
hope he would like to see more single family in that district. Mr.
Minor said when they did multi - family regulations single family is
permitted and there are several encouragements for single family homes
in the multi - family district. He said in the multi - family west district
for example, instead of the standard 20,000 SF lot size a single family
can go to 16,500 SF as a smaller lot depth. Chairman Ganger asked Mr.
Minor to define the yellow building at the beginning of County Road and
AlA which was just resold and appears to be three dwelling units. Mr.
Minor said it is multi - family because they are somewhat interrelated.
Chairman Ganger asked about the units next to that building saying they
are non - conforming and now that they are in Gulf Stream they could be
demolished and rebuilt. Mr. Minor said there are 4 units and it is a
little more than 1/5 of an acre. Mr. Thrasher said he spoke to the
owners during the annexation and they believe what they have is valuable
and do not plan to change their lifestyle. Chairman Ganger asked if
they are shown on PAPA as individual owners and Clerk Taylor confirmed
that. Vice - Chairman Morgan said the rules are in place so the prospect
damage from an act of God damage would allow the owner to rebuild only
to the density they are at now. Chairman Ganger expressed concern with
Gulf Stream Manor because it is a timeshare saying that it is non-
conforming because it is commercial property in a Town that does not
permit commercial property. He asked, if the owner decides to sell the
building would whatever replaces it have to conform to our 5.6 density.
Mr. Minor said if they decided to renovate they would be limited to the
5.7 units per acre to make it a residential use. Chairman Ganger asked
if it could convert back to a motel. Mr. Minor said no, unless it is
destroyed by an act of God.
Mr. Thrasher asked Mr. Minor to talk about the specific zoning for the
4001 N. Ocean west property and what will happen there. Mr. Minor said
under the recommended standards, the minimum lot size being proposed,
which was previously proposed to the County and never approved because
it was just before the annexation, is now the Town's decision. They
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 15
propose 4 lots and under these regulations with the minimum lot size of
16,500 SF for a single family home they would only be able to get 2
lots. He said, like any property owner in Gulf Stream, they could
request a variance, but as of now they are limited by Code to 2 lots.
Mr. Thrasher asked what the density would be for multi - family on that
property and how many units would fit. Mr. Minor said the density is
5.7 and they could possibly fit 4 units if they can provide enough
parking and meet other requirements.
Chairman Ganger said the Town is obligated to protect the rights of
those living behind that property and asked Mr. Minor what the height
restriction would be if it is a multi - family. Mr. Minor said up to
maybe 40 feet. Mr. Smith asked if the units had to be joined in some
manner if there were 2 or 4 units and Mr. Minor said confirmed that.
Chairman Ganger asked if there has been any discussion as to what their
intent may be to develop that property. Mr. Thrasher said there has
been discussion and the Town has stated that there is zoning in progress
and we are in the process of developing our LDRs and comp plan changes.
He said the Town has asked the neighbors and representatives of 4001 N.
Ocean to attend meetings and they realize we are not able to answer
their questions, but we are preparing to do so. Chairman Ganger asked
if the property could be used for recreational purposes and Mr. Thrasher
said it could not. Clerk Taylor said they are considering their
options, they have contacted her for interpretation of multi - family code
and they have a problem with minimum lot sizes. Chairman Ganger asked
if Boynton Beach ever gave them water and Mr. Thrasher said they had to.
Chairman Ganger asked for how many units and Mr. Thrasher said he
thought it was for 2 units.
Mr. Randolph asked if we are making some amendments in the comp plan
requiring traffic and school concurrency since the state no longer
requires concurrency. Mr. Minor said yes and it ties in with the
County's provisions. Mr. Thrasher asked the Board if they were ready to
recommend to Commission that we move forward on this. Chairman Ganger
said the population numbers need to be adjusted a bit and entertained a
motion. Mr. Smith moved and Vice - Chairman Morgan seconded to accept the
recommendations under Section 66 -131, Required conditions for
continuance under item (6)2, and that we forward to the Commission our
recommendation to accept the language as underlined at the last part of
paragraph 2. Roll Call: Vice - Chairman Morgan, AYE, Mr. Smith, AYE;
Chairman Ganger, AYE. The motion passed 3 - 0.
Chairman Ganger asked if there is anything in the current ordinances
that disallows cell phone mounds on top of tall buildings along the
Intracoastal. Mr. Randolph said there is a height restriction. Clerk
Taylor said the Town has an ordinance on cell towers which states that
they can be had under certain conditions. Mr. Thrasher said the
ordinance restricts them to governmental properties. Mr. Randolph and
Mr. Minor both agreed that it would fall under the governmental
preference. Chairman Ganger commented that cell phone service in the
Town is terrible and maybe the ordinance can be changed. Mr. Randolph
said that Palm Beach has the flexibility in their ordinance that states
Architectural Review and Planning Board
Regular Meeting and Public Hearing - September 22, 2011 Page 16
if they try it on governmental property and it does not provide the
service they can go elsewhere and we may have incorporated that into our
ordinance. Chairman Ganger said this should be addressed because many
citizens have complained about cell phone service. Mr. Thrasher said
there are other issues to be addressed in the code, such as the height
of grottos and clarity of an entry feature and this can be another item
for discussion.
VIII. Items by Board Members.
IX. Public. There were no public comments.
Administrative Assistant
C
Ganger adjourned the meeting at 10:35 A.M