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HomeMy Public PortalAbout12/27/2012REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON TEMSDAY, DECEMBER 27, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:33 A.M. II. Roll Call. Present and Participating Absent w /Notice Also Present and Participating III. Minutes. Chairman Morgan called the Meeting to order at Scott Morgan Malcolm Murphy Paul Lyons George Delafield Tom Smith Amanda Jones Ann Aker William Thrasher Rita Taylor John Randolph Quinn Miklos of Miklos & Associates Greg Young Rene Tercilla of Tercilla Courtemanche Peter Carney James Boyce Chairman Board Member Board Member Alt. Member sitting As Board Member Board Member Board Member Alt. Member Town Manager Town Clerk Town Attorney Agent /Clippinger G. S. School Agent /G.S. School Arch. Agent /Kolea Agent /4001 N. Ocean OK Seahorse LLLC A. Regular Meeting & Public Hearing of 10- 25 -12. Mr. Lyons moved and Mr. Murphy seconded to approve the Minutes of the Regular Meeting and Public Hearing of October 25, 2012. There was no discussion. All voted AYE. B. Joint Meeting with Town Commission of 12- 14 -12. Mr. Murphy moved and Mr. Lyons seconded to approve the Minutes of the Joint Meeting with the Town Commission of December 14, 2012. There was no discussion. All voted AYE. IV. Additions, witk There were no changes. deferrals 'ement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. January 24, 2013 @ 8:30 A.M. b. February 28, 2013 @ 8:30 A.M. c. March 28, 2013 @ 8:30 A.M. d. April 25, 2013 @ 8:30 A.M. e. May 23, 2013 @ 8:30 A.M. f. June 27, 2013 @ 8:30 A.M. Mr. Murphy asked if applications have been submitted for the January Meeting. Clerk Taylor said there will be two, possibly three Regular Meeting and Public Hearing Architectural Review and Planning Board December 27, 2012 Page 2 applications on the January Agenda. There were no conflicts in the Meeting Schedule. VI. PUBLIC HEARING. A. Applications for Development Approval Chairman Morgan asked for declarations of Ex -parte communication with regard to any of the applications being heard. Chairman Morgan said he had a telephone communications with Greg Young, who will speak on behalf of Gulf Stream School, with regard to the attendance at this meeting and to set forth the itinerary of their presentation. There were no other declarations of Ex -parte communication. Clerk Taylor administered the Oath to the following individuals: Quinn Miklos, Architect representing Clippinger; Greg Young representing Gulf Stream School; Joe Zelewski, Principal of Gulf Stream School; Rene Tercilla, Architect representing Gulf Stream School; Charles Frankel, former resident present on behalf of Gulf Stream School; Peter Carney, Agent for Kolea; and, James Boyce representing OK Seahorse LLLC, 4001 N. Ocean Blvd. 1. An application submitted by Quinn Miklos, Miklos & Asssoc. as Agent for Gerald & Sharon Clippinger, the owners of property located at 2538 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 48 Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit the extension of an existing non - conforming wall that encroaches 4.2 feet into the required 15 foot south side setback. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit additions consisting of bathroom, covered entry and additional living area, a net total of 716.6 square feet, to the existing one -story single family dwelling and an exterior renovation to smooth stucco with the addition of quoins on the corners. A new brick driveway will also be a part of the renovations. Quinn Miklos of Miklos & Associates introduced himself and stated that the existing structure is a brick Ranch style home consisting of 2,700 SF. He said they are proposing an addition of 1,716 SF to the existing structure and updating the style of the home to a Gulf Stream Berumda. Mr. Miklos displayed a drawing of the existing floor plan indicating the addition of square footage in both the front and rear of the home. He said the existing portion of the home was dominated by a large roof and a flying beam with the house tucked in. Mr. Miklos said in keeping with the Gulf Stream Bermuda style architecture they have created a clear center and a clearer front entry, the windows have a more symmetrical pattern and the roof will be appropriate to the neighborhood. Chairman Morgan asked if the windows will be changed. Mr. Miklos said they will be changed to a clear muttin pattern. Mr. Murphy asked if there has been feedback from neighbors. Clerk Taylor said Mr. and Mrs. Adams were in recently and had no objections and she said there has been Regular Meeting and Public Hearing Architectural Review and Planning Board December 27, 2012 Page 3 no other feedback. Mr. Miklos said he is a neighbor and has no objection. He said the neighbors are excited when there is any improvement to properties. Chairman Morgan asked Mr. Miklos to address the requested Special Exception. Mr. Miklos said the Special Exception is for the addition of square footage which will extend an existing non- conforming wall to accommodate a new master bath. Mr. Lyons commented that it is a positive change. Mr. Murphy moved and Mr. Dela£ield seconded to recommend approval for a Special Exception to permit the extension of an existing non - conforming wall that encroaches 4.2' into the required 15' south side setback. There was no discussion. All voted AYE. Mr. Murphy moved and Mr. Delafield seconded to recommend approval of a Level III Architectural /Site Plan based on a finding that the proposed addition consisting of 776.4 SF, bathroom, covered entry and additional living area patio to the existing one -story single family dwelling and an exterior renovation to smooth stucco with the addition of quoins on the corners and a new brick driveway meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. 2. An Application submitted by Rene Tercilla, Tercilla Courtemanche Architects, Inc. as agent for The Gulf Stream School Foundation, Inc., owners of property located at 3600 Gulf Stream Road, Gulf Stream, Florida, legally described as a parcel of land lying in Section 3, Township 46 South, Range 43 East, Palm Beach County, Florida. a. VARIANCE #1 to allow an increase in total floor area that will exceed the 61,737 square feet allowed in the existing Developer's Agreement by 1,617 square feet. b. VARIANCE #2 to permit an increase of 1,765 square feet over the 6,000 square feet permitted for the second floor area in the existing Developer's Agreement. C. DEMOLITION to demolish the existing one story pavilion consisting of 1,681 square feet. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to replace and enlarge the first floor pavilion and add three second floor classrooms, an interior corridor and an exterior covered walkway and stairs, a total of 4,1875 square feet. Clerk Taylor corrected an error in the Variance #2 description on the Agenda. She said rather than an increase of 11,765 SF, it is an increase of 1,765 SF. Greg Young, representing Gulf Stream School, asked Mr. Randolph if the error occurred on information distributed for Public Notice or if it is incorrect on the Agenda only. Mr. Randolph said it did not go out in the Public Notice. Clerk Taylor said the error is on the Agenda only and not on the Staff Report. Greg Young, an Attorney with the Law Firm of Edwards, Robin and Palmer, introduced himself saying he represents Gulf Stream School. Mr. Young said he is President and Board Chairman for Gulf Stream School and a Regular Meeting and Public Hearing Architectural Review and Planning Board December 27, 2012 Page 4 parent of five children who have attended, or are attending, Gulf Stream School. He introduced Joe Zelewski, the head of Gulf Stream School, Rene Trecilla, a principal of Trecilla Courtemanche Architects, and Charles Frankel, a former Gulf Stream resident and former member of the ARPB. Mr. Young said Gulf Stream School, who will celebrate their 75th Anniversary next year, is a member of the National Association of Independent Schools in Washington, DC and accredited by the Florida Council of Independent Schools and Florida Kindergarten Council. He said the School operates on a No Debt Policy, they will not begin construction before paying for it, and they look forward to fundraising around it. Mr. Young said 29 families in Gulf Stream have children that attend Gulf Stream School, his family included, and they are in favor of the application before the Board. Mr. Young said the land use and zoning considerations start with the fact that the school is grandfathered non - conforming within the Town based on its location in the RS -0 district, which is residential. He said Section 70 -50 of the Town's Code requires approvals for new construction, and he said there is a Developer's Agreement in place which caps the student head count at 250 and includes one -story and two - story building envelopes. He said they are not asking for an increase in enrollment and do not seek to alter the building envelopes. Mr. Young said the School approached their maximum enrollment number capped by the Town in the last seven years, but he said there is a dire need for three additional classrooms because they have had to double up in some classes in each grade level due to inadequate space. Teachers are switching classrooms and teaching in the Library and other inadequate teaching environments. Mr. Young said he is confident their application meets all variance criteria and Town Code, and he said their Architect, Rene Tercilla, will discuss their proposal and answer any questions. Rene Tercilla of Tercilla Courtemanche Architects introduced himself. He said they have done over $1 billion in educational work over the past ten years and he said in the last five to seven years teaching has become more individualized in K -12 schools. Teachers are covering the same subject at different grade levels and it creates the need for more classrooms and teaching space. Mr. Tercilla displayed a drawing of the current site, pointing out the current 1 -story open pavilion which is adjacent to the 2 -story Media Center where the Library is located, and referred to a line along the Pavilion area. He said the second level of the Developer's Agreement refers to that area and states that a second story addition is only allowed 120 feet from every property line, and he said the plans as submitted are within the Developer's Agreement area. Mr. Tercilla said what they are proposing is to take down the current pavilion, replace it with a slightly larger open -air pavilion and add a second story with an open balcony to accommodate three additional classrooms. He said the stair tower in the existing two -story Media Center will come down to be able to push the pavilion to the Media Center and the stair tower will be replaced at the end of the building. Mr. Tercilla displayed various elevations indicating the little bit of the new addition that can be seen from the front of the School property. Regular Meeting and Public Hearing Architectural Review and Planning Board December 27, 2012 Page 5 He displayed the west elevation where the second -story addition will be visible and pointed out that the roof is lower and the massing is less than the existing two -story structure. Mr. Tercilla noted that during construction, all work vehicles will be parked on site. Mr. Lyons asked about feedback from the neighbors who may be impacted by the addition. Mr. Young said they met with Tom Stanley who lives on Oleander directly to the south, and he said the School owns the property across from Mr. Stanley. He said he has not spoken to the O'Briens, who are adjacent to the School, and they have not spoken to the family on Banyan who is from Connecticut, but he said there have been no objections from the surrounding neighbors. Mr. Delafield asked about the timing of the construction and how the School will address it from a safety perspective. Mr. Tercilla said 65% of his projects are on active campuses, but he said there is never a good time for construction on a school property. He said their intention is to begin at the start of Spring Break and the entire construction area will be fenced off so that students will not be exposed to that area when they return to class. Mr. Young said there will be no activity on the playing field during construction. In addition, he said that not only will the contractors be required to register with the Town, the School will also require vendors to certify their workers. Mr. Lyons inquired about the School's No Debt Policy and asked if the School will have capital committed prior to commencement of construction. Mr. Young explained that the School has no debt, they have cash on hand that will pay for about 50% of the structure, a healthy endowment for Pre -K through 8th Grade of $8 million and, although they do not want to draw on it, they have $2 million in reserves. He said pledges will add to their funds and they will fundraise in a fairly aggressive manner around this project. Mr. Lyons commented that he thinks this improvement will be great for the community. Chairman Morgan said the Developer's Agreement establishes the legal issue and sets forth a total allowable floor area and a total allowable 2nd floor area. He said the 2nd floor area seems to be a fairly significant increase over the Developer's Agreement of about 29 %, but he said it is only a couple percent over the total allowable 2nd floor square footage. Mr. Tercilla explained that the total increase is reduced by taking down the pavilion which is a first floor issue, and he is taking down a stair tower at the Media Center which is a first and second floor issue of the current building. Chairman Morgan said in keeping with the Developer's Agreement to provide for the better needs of the students, it seems the School currently has some safety issues with children moving from class to class, teachers having to relocate from class to class and in using rooms such as the Library for teaching purposes rather than Library purposes. Mr. Young said the Library is also used for 24 class instructions and study halls per week, Auxiliary Meetings, Parent Coffees, Teachers' Meetings and Board of Trustees Meetings. He said Regular Meeting and Public Hearing Architectural Review and Planning Board December 27, 2012 Page 6 computer labs and science labs are also being used for other class instruction. Mr. Young said there is great need for additional classroom space and also for a Learning Specialist, and he said by relocating the kitchen facility to the first floor of the new pavilion, it will create space to accommodate a learning specialist. Chairman Morgan commented that the School is taking a very reasonable approach to their needs. c- Chairman Morgan asked if the recommended conditions of approval are currently included in the Developer's Agreement. Mr. Thrasher said the 2 "d sentence of Condition 1, which requires a yearly certification of enrollment be provided to the Town, and Conditions 4 and 5 are not included, Condition 6 was included in the 2002 Amendment to the Developer's Agreement, and he recommended adding Condition 7 requiring that the Developer's Agreement be amended to incorporate these conditions. He asked Mr. Young about the plan to require certification of construction workers. Mr. Young said there is no formal policy in place, but they want all workers entering campus to be certified that they are not on a sex offender list or any other alert list. Mr. Tercilla said he would recommend that the School follow the State of Florida and require the Jessica Lundsford Act reviews of all workers, which is a Level III background check of every worker entering the campus. Chairman Morgan asked Mr. Young if he wanted to comment on the conditions of approval set forth in the Staff Report. Mr. Young said he had no comments concerning the six conditions listed in the Staff Report; however, he asked about the 7th condition which was recommended by the Town Manager. Mr. Randolph said it is just saying that the six conditions and terms of approval be incorporated within an amended Developer's Agreement. Mr. Young had no objection to Condition 7. There were no comments by the Public. Mr. Murphy moved and Mr. Delafield seconded to recommend approval of a Variance to allow an increase in total floor area that will exceed the 61,737 SF allowed in the existing Developer's Agreement by 1,617 SF. There was no discussion. All voted AYE. Mr. Murphy moved and Mr. Lyons seconded to recommend approval of a Variance to permit an increase of 1,765 SF over the 6,000 SF permitted for the second floor area in the existing Developer's Agreement. There was no discussion. All voted AYE. Mr. Murphy moved and Mr. Delafield seconded to recommend approval of demolition of the existing one -story pavilion consisting of 1.681 SF. There was no discussion. All voted AYE. Mr. Murphy moved and Mr. Lyons seconded to recommend approval of a Level III Architectural /Site Plan to replace and enlarge the first floor pavilion and add three second floor classrooms, an interior corridor and an exterior covered walkway and stairs, a total of 4,875 SF, with the following conditions: Regular Meeting and Public Hearing Architectural Review and Planning Board December 27, 2012 Page 7 1. The student enrollment shall be permanently capped at 250, as limited by the existing Developer's Agreement. A yearly certification of the enrollment shall be provided the Town; 2. No additional after -hours functions shall be held at the School other than those allowed by the existing Developer's Agreement; 3. The private school campus shall not be expanded onto existing C single- family lots, as dictated by RS -C and RS -0 zoning district use regulations; 4. A Construction Traffic Management Plan shall be submitted prior to the issuance of a building permit application. This plan shall be reviewed and approved by the Police Chief; 5. The School shall reimburse the Town for all Town legal fees and Town advertising associated with this application; 6. The School is respectfully requested to dedicate a 9' utility easement across the entire frontage of AlA to be used exclusively for future undergrounding of power, phone and utility lines. (A long -term Town goal.); and, 7. The above - listed Conditions and figures set forth in the Variance approvals shall be incorporated into an Amended Developer's Agreement. Mr. Young asked Mr. Thrasher if the amount of legal fees have been established. Mr. Thrasher said he does not have an estimate on legal fees, but he recommended that they are not to exceed $5,000. Mr. Young had no objection. Condition #5 was amended to read: 5. The School shall reimburse the Town for all Town legal fees associated with this application, in an amount not to exceed $5,000, and for all Town advertising costs associated with this application. There was no further discussion. All voted AYE. 3. An application submitted by Peter Carney as agent for James and Beverly Kolea, owners of property located at 960 Orchid Lane, Gulf Stream, Florida, legally described as Lot 83, Place Au Soleil Subdivision, Gulf Stream, Florida. a. LEVEL 2 ARCHITECTURAL /SITE PLAN REVIEW to construct a rear portico and a new front entrance to the existing one - story, single family Bermuda /British Colonial style dwelling, additions of 403 square feet. Peter Carney of Carney, Stanton in Delray Beach, Florida, introduced himself as Agent for James and Beverly Kolea. He said there have been two previous constructions on this home, one in 1963 and the last in 1985. Mr. Carney said most of the proposed work will be interior and they are proposing the addition of a rear portico to protect from direct sun and the addition of a new front entrance to their home. Mr. Lyons asked about the recommended condition of approval concerning Health Department requirements. Mr. Thrasher said sometimes the Health Department requires additional sizing on the septic tank and drain field, which at times can only be met by modifying the site plan. Mr. Carney said they are not adding a kitchen or bathroom and it is doubtful there will be an issue since they are only providing shade. Mr. Regular Meeting and Architectural Review December 27, 2012 Public Hearing and Planning Board Page 8 Thrasher agreed. Chairman Morgan asked if they will be changing windows. Mr. Carney said they will not change them, only replace with impact. Mr. Lyons moved and Mr. Delafield seconded to approve a Level II Architectural /Site Plan based on a finding that the proposed rear portico and a new front entrance to the existing one - story, single - family Bermuda /British Colonial style dwelling, net additions of 403 SF meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. If the proposed site plan is altered because of the requirements of the Health Department a revised site plan will require ARPB approval. There was no discussion. All voted AYE. 4. An application submitted by James Boyce of OK Seahorse LLLP as agent for OK Seahorse LLLP, owners of the property located at 4001 N. Ocean Blvd., Gulf Stream Florida, which is legally described in metes and bounds in Sec. 34, Township 45 South, Range 43 East in Palm Beach County. a. DEMOLITION PERMIT to demolish the existing southern most dune crossover. b. SPECIAL EXCEPTION to permit the relocation and reconstruction of the existing southern most dune crossover to a location that is 15 feet north of the south property line at the above address C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to rebuild the southern most dune crossover in a new location that is 15 feet north of the south property line of 4001 N. Ocean Blvd. that will be the same size as the existing structure. James Boyce, representing the owner of OK Seahorse, LLLP at 4001 N. Ocean Boulevard, introduced himself. He said there are two existing beach access crossover ramps on the property, both in need of repair, and he said they are proposing to move the existing southern ramp about 28 feet to the south. Mr. Boyce explained that the purpose of doing this is because of the five new villas that will be located across the street from 4001 N. Ocean that will be allowed beach access and this will make access easier for those residents. He said this has already been approved by the Department of Environmental Protection, they want to maintain the existing Sea Grapes and the will be able to do so with this relocation of the dune crossover. Mr. Boyce said it will look similar to the crossover to be demolished, it will be taken away from the site line and hidden by the Sea Grapes and it will be done before turtle nesting season. Mr. Delafield moved and Mr. Lyons seconded to recommend approval of a Demolition Permit. There was no discussion. All voted AYE. Mr. Delafield moved and Mr. Murphy seconded to recommend approval of a Special Exception to permit construction of a dune crossover east of the Coastal Construction Control Line 1978 based on the finding that the dune crossover meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Mr. Delafield moved and Mr. Murphy seconded to recommend approval of a Regular Meeting and Public Hearing Architectural Review and Planning Board December 27, 2012 Page 9 Level III Architectural /Site Plan to permit construction of a dune crossover structure seaward of the Coastal Construction Control Line 1978 based on the finding that the dune crossover meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. VII. Items by Staff. There were no items by Staff. VIII. Items by Board Members. There were no items by Members of the Board. IX. Public. Martin O'Boyle of 23 Hidden Harbour Drive introduced himself, his son Jonathan and Brien Whitmore, an employee in his office. He said he has some questions concerning the Code because is upgrading his home and wants to do it right. Mr. Whitmore referred to Section 66- 131(4) dealing with setbacks and requirements to extend or enlarge a non- conforming structure and asked what would qualify as-an extension of a non - conforming structure. For example, he asked if it would be considered an extension if you build under an awning or roofed area. Mr. Randolph said this portion of the Meeting is for Public comment with regard to the Meeting. He said the Town Manager is the Official who is authorized to review pre - application proposals and interpret the Code. Chairman Morgan said the ARPB would be presented with applications for approval that have been previously reviewed by the Town Manager. Mr. O'Boyle said he has already addressed this with Mr. Thrasher and does not believe he can answer his questions. Chairman Morgan suggested that he meet with Mr. Thrasher to go over his proposal, and he said if Mr. Thrasher has difficulty answering your questions he will seek guidance from the Town's Consultant. Mr. O'Boyle explained that he cannot get hurricane insurance and they are trying to install hurricane impact windows prior to Hurricane Season. He said if he cannot get this done in time and incurs any damage to his home due to a storm, he will hold this Board responsible. Mr. Randolph stated that Mr. O'Boyle has a meeting scheduled with Mr. Thrasher at 2:00 P.M. this date. Mr. O'Boyle confirmed that, but he said there is a process which can take months and Hurricane Season is quickly approaching. ournment Chairman Morgan adjourned the Meeting at 9:45 A.M. uaii u. Aboale Administrative Assistant