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