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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