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HomeMy Public PortalAbout09/27/2012MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, SEPTEMBER 27, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order by Vice - Chairman Morgan at 8:35 A.M. II. Roll Call. Present and Scott Morgan Vice - Chairman Participating Tom Smith Board Member Malcolm Murphy Board Member Amanda Jones Board Member Absent w /Notice Paul Lyons Board Member Ann Aker Alt. Member Beau Delafield Alt. Member Also Present and William Thrasher Town Manager Participating Rita Taylor Town Clerk John Randolph Town Attorney Martin O'Boyle, Resident Hidden Harbour Est. Representing Tom Laudani Developer Robert Jones of Architect Jones Architects Dave Bodker of Landscape Arch. Dave Bodker Landscape & Architecture Mark Grant, Esq. Atty. For Seaside Vice - Chairman Morgan welcomed the return of Amanda Jones, who has moved from Alternate Member to Member of the Architectural Review and Planning Board. III. Minutes of the Regular Meeting and Public Hearina of 7- 26 -12. Mr. Smith moved and Mr. Murphy seconded to approve the Minutes of the Regular Meeting and Public Hearing of July 26, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. Mr. Thrasher requested that Item VI.A.4 be heard first and Item VI.A.1 will replace Item VI.A.4. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing t._ a. October 25, 2012 @ 8:30 A.M. b. November 15, 2012 at 8:30 A.M. c. December 27, 2012 @ 8:30 A.M. d. January 24, 2013 @ 8:30 A.M. e. February 28, 2013 @ 8:30 A.M. f. March 28, 2013 @ 8:30 A.M. Vice - Chairman Morgan asked if there will be applications for public hearing for the October meeting. Clerk Taylor said there will be one application, possibly two. There were no conflicts declared. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 2 VI. PUBLIC HEARING. There were no declarations of ex -parte communication. Clerk Taylor administered the Oath to Robert Jones, Dave Bodker, Mark Grant, Martin O'Boyle and Tom Laudani. Clerk Taylor stated that she received an email addressed to the Town Commission and Architectural Review and Planning Board from Mrs. Nancy Touhey of 1200 N. Ocean Blvd. The letter was read into the record. In her letter, Mrs. Touhey said she is unable to attend public hearings concerning applications for new homes in the subdivision. She said she believes the developer failed to live up to the agreements that supported the Town's approval of the subdivision, specifically the stipulation that the arbor canopy would not be destroyed. Mrs. Touhey said she might have been more supportive of the project if the Banyan tree across from her driveway had not been cut down. She requested that any approved plans and construction of the six homes be frequently inspected by the Town to be sure the builder is abiding by conditions of approval. The letter will be filed with the Official Records of the Town of Gulf Stream. Mr. Thrasher responded to Mrs. Touhey's comments saying that he has been watching the property very closely, he has done daily inspections during business hours, after hours and on weekends. He said he also inspected the property at 2:00 A.M. during Tropical Storm Isaac. Mr. Thrasher said he has observed nothing that was not approved or permitted. A. Applications for Development Approval (In order of Agenda rearrangement). 4. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1222 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 3 Hidden Harbor Estates Plat Two, according to the plat thereof as recorded in Plat Book 15, Pages 173 and 174, Public Records of Palm Beach County. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial two story single family Bermuda style dwelling, a 3 car garage with guest suite, a detached outdoor seating area, a total of 9,229 square feet, and a swimming pool. Richard Jones of Richard Jones Architects introduced himself and noted his team members, including Tom Laudani, the Developer, Mark Grant, Esq., and Dave Bodker, the Landscape Architectect. He said the six lots are ready for development and each are similar in their narrow width and depth, which has created challenges with regard to buffers, setbacks and rights -of -way. He said they looked at similar communities and found ways to minimize mass and size and capture courtyards and create outdoor living space. Mr. Jones described Lot 3 as situated in the southwest corner of the subdivision with a unique view of Hidden Harbour. The proposed 2 -story Bermuda Style structure is long and narrow with an east /west orientation. It is broken up into various masses, including a detached carriage home connected by an exterior breezeway, a pool deck terrace and loggia connected to a boat house featuring a small pavilion above with views of the harbor and storage below, and balconies on the Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 3 front and rear of the home. Mr. Jones said the materials are common, including smooth stucco and a mitered hip roof. Mr. Smith asked about the proposed storage area under the boat house. Mr. Jones said there is 6.5' of headroom under the sitting pavilion for miscellaneous boating storage. Mr. Smith asked about a meandering wall on the south side of property. Mr. Jones said it is an existing retaining wall which was required for subdivision approval. Mr. Smith asked where Mrs. Touhey's property entrance ties into this property. Mr. Bodker said it is near Lot 4 at the southeast corner of the property. He said the tree in question was not within the 15' buffer, it was a rotted Ficus tree with a lot of vines and it will be replaced with six native trees which will block views of the property. Vice - Chairman Morgan asked if there are additional walls planned for this property. Mr. Jones said there will be 3' entry walls at the front driveway, 3'4" welcome walls near the front of the home, and terrace walls at the pool deck that will be 2' at the base with 42" of railing above, and the piers are 6' tall, but he said 3.5' of that is decorative railing. Vice - Chairman Morgan commented that the three proposed homes will be similar, but he said this design is the most attractive because it is better balanced. Mr. Smith said the landscaping is the biggest concern for the neighbors. Mr. Bodker said there are 11 existing trees on the south side, two that are 40' in height and spread. They will supplement the existing with 12' high Buttonwood and Fishtail palms on the south side and they will supplement the landscaping on the west side with hedging and trees. He said there will be layering and overlapping of vegetation for additional screening around the pool area. Vice - Chairman Morgan opened the hearing to public comment. Martin O'Boyle of 23 Hidden Harbour Drive asked Mr. Randolph if the Applicant's statements made under oath are binding. Mr. Randolph said the ARPB and the Commission make decisions based on statements made under oath and if something is done that was not approved it can be revisited and additional conditions can be imposed. Mr. O'Boyle said he believes the developer is not abiding by the Agreement between the developer and the neighbors. He said the canopy was damaged and nothing has been done, and he said he requested different material for the meandering wall because it has a commercial look and is not fitting for the Hidden Harbour Development. Mr. O'Boyle was also concerned with the drainage saying there has already been flooding on the Himmelrich property. He said there were modifications to the drainage, it ties into Hidden Harbour and any drainage modification or tie -in to that community is subject to a majority vote of its residents. Mr. O'Boyle said there is no positive drainage, meaning there is no place for the water to go, it uses Hidden Harbour facilities and their covenants do not allow that. Another concern is the Interlocal Agreement with Delray Beach. Mr. O'Boyle said that Delray should have no say in the removal or installation of trees on the property. He said he has spoken to Mr. Thrasher and he wrote a letter to Mark Grant, Attorney for the Applicant concerning these matters. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 4 Mark Grant said he disagrees with Mr. O'Boyle concerning a majority vote requirement; however, he said these are private matters and not the subject before the Board at this time. He explained the flooding issue on the Himmelrich property saying that a temporary cover was in place over the drain to avoid blockage and when the cover was removed the water was gone within an hour. Mr. Grant also said the one tree that / was removed was outside of the 15' landscape buffer and it was rotted and dangerous, but he said it will be replaced. Mr. Laudani introduced himself, he said he has made great strides with the property improvements and would like to address these matters with Mr. O'Boyle privately. Mr. Laudani said he spoke with Mr. Himmelrich about the flooding weeks ago and since the drain was uncovered there has been no further water accumulation, even after Tropical Storm Isaac. He said Mr. Himmelrich called him to thank him and to say there are no issues. Mr. Laudani said everything has been approved by South Florida Water Management District and other appropriate authorities and both systems are working perfectly. He described the stucco meandering retaining wall as small and low, 24" above grade with aluminum rail above, and he said there will be lush vegetation and landscaping masking the wall. Mr. O'Boyle distributed some documents to the Commissioners for their information concerning changes to the Hidden Harbour Declaration and how the changes pertain to the required signatures for approval. Vice - Chairman Morgan asked Mr. Randolph if there are legal issues beyond the ARPB that would call for a legal halting of the subdivision and does it mute what the ARPB is doing today. Mr. Randolph said the Commission gave final approval of the project and they will make that decision. He said the ARPB is only required to make a decision based on the application before them today and not to hear concerns relating to violations of the subdivision agreement or the agreement with the neighbors. Mr. Randolph said Staff has looked at many of these issues, particularly the canopy and drainage, but he said they do not relate to the architectural review. If the ARPB recommends approval of this application, he said the Commission will determine if there have been violations and they will deal with that. Mr. Randolph said the issue of the western wall may relate to this application, and he said he is reviewing the agreement between the neighbors and Harbour Estates. He said where it talks about the retaining wall it states that it requires the approval of the neighbors. He said documents such as this may come before you, but the Town does not have the jurisdiction to enforce covenants. Vice - Chairman Morgan said he agrees; however, he said the subject agreement was made a part of the subdivision approval by the ARPB and Commission. Mr. Randolph commented on Vice - Chairman Morgan's statement that the ARPB and Commission asked for an agreement between the developer and the neighbors. He said the request specifically concerned the 15' landscape buffer, the canopy and drainage, but the agreement also talks about the western wall and the neighbors having an opportunity to approve it. Mr. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 5 Randolph said the ARPB and Commission may or may not have commented on these matters, but he said he believes it is beyond the authority of the Town Commission to enforce an agreement that never came before them. However, he said the Commission does have the authority to speak out if they believe the agreement has been breached. Mr. Smith asked Clerk Taylor if the neighbors and Mrs. Touhey were notified of the applications before the ARPB. Clerk Taylor confirmed that. She explained what the Code requires concerning notification and stated that she went beyond Code requirements to cover a larger area. Clerk Taylor said that Mrs. Touhey received a notice and responded. Mr. Smith moved and Mrs. Jones seconded to recommend approval of Level III Architectural /Site Plan based on a finding that the proposed partial two -story single family Bermuda Style dwelling, a 3 -car garage with guest suite, a detached outdoor sitting area, a total of 9,229 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: (1) The electric service lines shall be buried; (2) The roof shall be white (through and through) un- textured, un- coated flat cement tile; (3) Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval, and any major modifications shall be brought back to the ARPB for review and approval prior to commencement of landscaping; (4) Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached; and (5) All chain link fencing will be screened from neighbors' view. There was no discussion. All voted AYE. 2. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. Vice - Chairman Morgan stated that he would rather not address the Overlay Permit at this time and just concentrate on the house. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial two -story Bermuda style single family dwelling, 3 car garage with bonus room above, 6,603 square feet, and a swimming pool. Robert Jones said Lot 4 is similar to Lot 3 in width and depth, but he said it is the only lot with a direct access driveway onto AlA. He said there is a formal entry driveway through the motor court, detached structures connected by covered breezeways, multiple outdoor sitting Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 6 areas, and the house wraps around the pool area. This is a four - bedroom home with the potential for a fifth bedroom above the garage, which is a detached structure with a carriage house above. Mr. Jones said Lots 3 & 4 are spec homes and will have some flexibility. He said this application meets all of the Gulf Stream Code criteria. Vice - Chairman Morgan said the north and south walls go straight up and he asked if there is any jogging back between the first and second floors of the main house. Mr. Jones said the north and south end walls are continuous, but he said there is a balcony feature extending 4' from the wall with columns and a shed roof above. Vice - Chairman Morgan said there are other walls that go straight up without deviation which gives a massy and unbalance appearance, and he said the garage is also box - shaped. Mr. Jones said the H -shape of the plan provides stepping and there are three balconies that offset. He said there is a stairway on the courtyard side of the garage leading up to the carriage house and there are small architectural details that wrap around the structure and break down mass. Mr. Bodker said there will be a tremendous amount of trees reaching 50' in height which will block the view of the house. In his review, Mr. Thrasher said he concentrated on second story coverage in comparison to first story, but did not apply the newer portion of the Code. He said there have been recent Code changes and there is a requirement upon the applicant to incorporate certain architectural features in the design. Mr. Thrasher read from Code Sec. 70 -73, Two -Story Structures (a) In order to limit the construction of bulkier homes in districts with full second stories with small to medium lot sizes, the following restrictions shall be used: Ocean West - .70 of first floor area, (b) The use of architectural design features to provide variation among two -story single family homes is required One or more of the following features shall be incorporated within facades facing public or private roadways on any new two -story single family home in all zoning districts: Second -story setback (minimum 5' setback in addition to round level front setback); Front porch (minimum 8' depth; Balcony (minimum 24 SF); Arcade. The Town Commission may waive this requirement within subsection (b) if the applicant can demonstrate that these features are inconsistent with the home's architectural style and that the desired visual variation is provided throuah other measures. Mr. Thrasher said one of these elements must be incorporated in the design and if not, you must demonstrate why. He said a front porch with a depth of B feet, or a balcony of 24 SF, qualify as a necessary element. Mr. Jones said there is an entry portico that is 5 feet deep and could be 8 feet, and he said there are balconies on the east and west facades, but not on the north and south facades. Mr. Smith said the homes are too close to each other without incorporating some design features and he suggested they do more work with the walls and come back to the ARPB for review. Mr. Thrasher said one option is that the second story would be set back 5 feet from the first story. Vice - Chairman Morgan agreed that this application should be withdrawn and revisited. Mr. Jones said he can incorporate some stepback on the north side. Mr. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 7 Randolph said an appropriate motion would be to defer to a time certain to eliminate the need to advertise, and to have the applicant return with some of the recommended changes. He suggested the architect meet with the Town Manager to be sure they are in compliance with the Code. Mr. Smith moved and Mr. Murphy seconded to defer this application and have the applicant return to the ARPB with the recommended changes at a time certain of Thursday, October 25, 2012 at 8:30 A.M. There was no discussion. All voted AYE. Mr. Jones asked if the Board wished to discuss the Overlay Permit portion of this application. Vice - Chairman Morgan stated that two of the Board Members will be leaving at 10:50 A.M., which would result in the lack of a quorum. Mr. Laudani asked the Board to take a quick look at Lot 6. 3. An application submitted by Seaside Builders as agent for Harbour View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally Described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PRMIT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape material. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two - story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. Mr. Jones said there are similarities to Lots 3 and 4, such as a detached garage with a carriage house above, loggia connections, entry wall features and lush landscaping. He said there is a homeowner involved with this lot and, therefore, this will be a custom home of Colonial West Indies architecture, there will be different window articulation and different roof lines, and he said the roof material l_ will be gray slate -like tile. Mr. Smith said the north elevation has great setbacks and features and he asked if the north elevation has straight up walls. Mr. Jones confirmed that, but he said that can be adjusted. He said Marty Minor reviewed this design and found it to be in compliance with Code. Mr. Morgan asked if they were changing the half -moon window. Mr. Jones said Mr. Minor found this window to be inconsistent with Gulf Stream Architecture, but he said they feel it works well with the architectural style. Vice - Chairman Morgan commented that the garage doors open to the streets, Code requires that they be blocked, and he asked how they will accomplish that. Mr. Jones said there will be gates. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 8 Mr. Murphy asked that the roof material be referenced when the application comes back to the ARPB for vote. Mr. Thrasher said there will be a sample to view. Mrs. Jones asked the applicant to submit a second drawing showing an alternative to the half -moon windows on that particular fagade. The applicant agreed. Mr. Randolph suggested that before this Meeting is adjourned a motion be made to defer the remainder of these items to the October 25th Meeting. Mr. Murphy moved and Mr. Smith seconded to defer this application and the remaining applications to the October 25, 2012 Meeting. There was no discussion. All voted AYE. 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC, owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, re- plat of Golf Course Addition Lots 4, 5 & N 92' of Lot 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics.and some native •trees providing for a 13' clear zone from edge of roadway. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) VII. Reorganization of ARPB. A. Election of a Chairman Mr. Smith moved and Mr. Murphy seconded to elect Scott Morgan as Chairman of the Architectural Review and Planning Board. There was no discussion. All voted AYE. B. Election of a Vice Chairman Mr. Smith moved and Mr. Murphy seconded to elect Amanda Jones as Vice - Chairman of the Architectural Review and Planning Board. There was no discussion. All voted AYE. VIII. Items by Staff. There were no items by Staff. IX. Items by Board Members. There were no items by Members of the Board. X. Public. There were no public comments. XI. Adjournment. Mr. Smith moved and Mr. Murphy seconded to adjourn the meeting. There was no further discussion. All voted AYE. Chairman Morgan_,aojourned the Meeting at 10:50 A.M. 6 Administrative Assistant