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HomeMy Public PortalAboutPRR 14-1866Kelly Avery From: Kerry Kilday <Kilday @udkstudios.com> Sent: Monday, June 23, 2014 8:45 AM To: Ken Tuma Subject: FW: PUBLIC RECORDS REQUEST - 2516 AAS GS - Character set not allowed From: freddy farnsworth [ frederick .freddy.farnsworth @gmail.com] Sent: Sunday, June 22, 2014 9:14 PM To: Anne Booth Cc: Kerry Kilday Subject: PUBLIC RECORDS REQUEST - 2516 AAS GS - Character set not allowed This email is a Public Record Request of public records in the possession of Urban Design Kilday Studios. If you are not the Custodian of Records for this entity, please forward this email to the Custodian of Records for Urban Design Kilday Studios, 477 S. Rosemary Avenue Suite 225, West Palm Beach, Florida 33401 Dear Custodian of Records for Urban Design Kilday Studios, This is a PUBLIC RECORDS REQUEST pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes. I wish to make a public records request of your agency for the following records: Any notes memos, reports, emails, photos, invoices, letters or any other records related to 2516 Avenue Au Soleil for the Town of Gulf Stream. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within your agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If any records are readily available, please produce those records first without waiting for all responsive records to be available. Produce the less readily available records as soon as they are available. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. If you anticipate the production of any of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. If any records may be produced for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until first obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email address: frederick .freddv.farnsworthCa3)omail.com MEMORANDUM TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: February 12, 2014 RE: 2516 AVENUE AU SOLEIL - WINDMILL PERMIT APPLICATION - REVISED urban design k a � Id Urban Planning and Design Landscape Architecture Communication Graphics A permit application for a wind turbine generator at 2516 Avenue Au Soleil within the Place Au Soleil neighborhood has been submitted to the Town for its review. Request According to the submitted application materials, the proposed wind turbine is proposed to have an overall height of approximately 40 feet. The windmill is proposed to have 13 foot, 2 inch high vertical axis blades. The proposed wind turbine will be used to generate power for the home. The applicant has indicated that the tower will be a monopole design. The electrical equipment associated with the turbine will be located within the home's garage. The windmill is proposed to be located 35 feet from the adjacent single family lot to the west and 40 feet from the adjacent single family home to the south. The 0.30 lot with a residential home is located within the Place Au Soleil neighborhood. The site has a SF (Single Family) Future Land Use designation and RS -P (Residential Single Family - Place Au Soleil) zoning designation. Analysis The Town's Code of Ordinances does not address wind turbines or windmills. However, Florida State Statute Section 163.04 forbids local governments from prohibiting the installation of "solar collectors, clotheslines, or other energy devices based on renewable resources." The proposed wind turbine qualifies as an energy device based on a renewable resource. Although the Town's review is limited by state statutes, the Town may look at other issues such as height and setbacks. The following are planning issues raised by the referenced application for the wind turbine. These issues are: Tower Height and neighborhood character The proposed tower is considered an accessory structure within the single family residential zoning district. The Town's Code of Ordinances does not provide a specific height limit for accessory structures. H: \JOBS \Gulf Stream-94-012\2520 Avenue Au Soleil \2516 Avenue Au Soliel Windmill Application Memo 021214.doc 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudlos.com LCC35 Mr. William Thrasher 2516 Avenue Au Soleil Wind Turbine February 12, 2014 Page 2 Accessory structures in the Town have been limited to the permissible height of the primary structure for the lot, which would be the single family home. In the RS -P zoning district, roof heights are prohibited greater than 24 feet for single - family homes and 30 feet for two - story homes. The proposed 40 -foot height for the wind turbine is higher than any single family home or multi - family building west of State Road A1A is permitted to be built within the Town. The height of the proposed accessory structure is inconsistent with allowable heights within the neighborhood and the Town. As such, the proposed height of this use is incompatible with the character of the Place Au Soled neighborhood. The character of the Town's five distinct single family neighborhoods is to be maintained and enhanced as required by the Town's Comprehensive Plan and, more specifically, the following Objective and Policies. Obiective 1.1.6.: The Town of Gulf Stream and its single family neighborhoods have an undeniable character and sense of place that shall be preserved while recognizing a need to provide for infill development and substantial renovations to or outright replacement of existing obsolete homes. Policy 1.1.6.1.: To protect its unique character, the Town shall clearly define the character, provide clear direction to new development and redevelopment on how to achieve consistency with and enhance the character, and provide a rational, objective process for the review of new development and redevelopment. Policy 1.1.6.2.: The character of Gulf Stream is singular and multi— faceted in nature in that it is composed of at least five distinct neighborhoods, each with their own development history and sense of character, that together form the unique character of the Town. In order to preserve the character of the Town and neighborhoods, the character of each shall be thoroughly articulated with words and pictures in the Design Guidelines adopted by the Town so that the context by which new development and redevelopment is evaluated is clearly understood by the property owner, designer, neighbors, and Town review officials. Policy 1.1.6.3.: Without proper safe guards, there is a high potential that new development and redevelopment could conflict with and severely diminish the existing character of the Town and individual neighborhoods. While it is not necessary that the Future Land Use Map specifically delineate the various neighborhoods, it is Mr. William Thrasher 2516 Avenue Au Soleil Wind Turbine critical that land development regulations be crafted which recognize the unique characteristics of each. Policy 1.1.6.4.: The character of the Town and neighborhoods is a function of many development features which are defined in the Design Guidelines including, but not limited to: architectural style; building form; building mass; building scale; use of structural and decorative design elements; use building and finish materials; colors; arrangement of structures on a site; location of mechanical equipment, patios, driveways, walls, and fences; landscape design and materials; other such features; and the relationship of these features to one another on a site as well as their relationship to other sites. February 12, 2014 Page 3 In conformance with the above objective and policies, the Town created the Gulf Stream Design Manual, which established distinct zoning districts based on the Town's five single family neighborhoods, including Place Au Soleil. The characteristics of the Place Au Soleil zoning district is described in Section 70 -32 of the Design Manual. The section describes a single family neighborhood with one and two -story homes on small and medium -sized lots. In part, the section states, "the home and landscape features lend an informal, harmonious neighborhood feel to the district." The request for a 40 -foot high tower, which would be larger than any permitted primary structure in the neighborhood district, will not preserve or enhance the character of the neighborhood as required by the referenced Comprehensive Plan Object and Policies. Height and fall zone impact to neighborhood The proposed turbine is proposed to be located 40 feet from the rear lot line and 35 feet from the side lot lines. This location is a cause for concern as if the tower would fail, the tower could fall on the adjacent single family residential lots to the south or west. Typically, towers are setback a minimum of 110 percent of the tower's height to allow for a safe "fall zone" if the tower would fail. For example, the Town's Wireless Communication Tower regulations require this standard setback of 110% of the tower height from recreational properties and 130% of the tower from residential properties. Within the Place Au Soleil district, the rear setback for accessory structures is 15 feet and the site setback is 12 feet. The proposed wind turbine is located 40 feet from the rear property line and 35 feet from the side property line. However, the Town's setback standards did not anticipate structures considerably higher than what is permitted for primary structures within the district. The proposed location of the requested 40 -foot wind turbine could adversely impact adjacent properties. Mr. William Thrasher 2516 Avenue Au Soleil Wind Turbine February 12, 2014 Page 4 Noise In the documentation the applicant has provided, the vertical axis windmill will generate 58 dB measured at a distance of 20 feet. The Town has noise abatement standards for generators as found in Section 22 -76. The applicant will need to provide documentation that the proposed wind turbine will comply with these standards. Recommendation For the reasons outlined in this memorandum, the requested 40 -foot high vertical axis wind turbine is not an appropriate accessory structure for the Place Au Soleil neighborhood and is not consistent with the Town's Comprehensive Plan. As such, the application is recommended to be denied. 5617370188 Fax 03:20:37 p.m. 02 -06 -2014 1 /7 Town of Gulf Stream Transmission Letter FAXCover Sheet To: Marty Minor U.D.S. Phone: Fax: (561)366 -1111 '_u .:M, (Date: February 6, 2014 Number of pages including cover sheet: 7 From: Bill Thrasher Town of Gulf Stream Phone: (561) 276 -5116 Fax: (561) 737 -0188 5617370188 Fax 03:20:45 p.m. 02 -06 -2014 2/7 RECEIVED 100 NW 1`r Avenue • Delray Beach, FL 33444 OF ➢ElAA49�![H� rEB 1-) 2011, (561( 243 -7200 • Fax (561) 243 -7221 u!'!A 0( GUI1Siff -,3p1, FI www.mydelraybeach.com BUILDING PERMIT APPLICATION Name gethlNhs LL[. Address ZSZO AUFW U� A-lJ SO LPL City GULP STQC_Afyti State Ft- Zip 53qa3. Home Phone ( 561 ) Z'7 6 -'I 2Z5 Cell Phone ( Sb l) 350 -Z 55"1 Fax No. ( -<61 ) SBG -0 s q!( Email Address PINz � D C& ra MAIL, r coM c((, - oN _, _cno _oy'o Address of Proposed Work 25'tb At"61F, Ad Gnat �L Legai Description P1 t�G 00 c DpLFAL LoT-41,.3S' 7 Check If Owner /Builder (See Page 3) Contractor License No. 44 C- 0 q ( SZS Workers' Comp No. �ice■.jo�ec(. Company &.Z- Ra017cpa-Y L'ntisvcaN.sCS Address -74A sSpj; {,6 r , L.&. 1U9 city Zip 32doii Phone 467.0- r-ft5q' Fax 866 -epIy -601 Cell 4'0'740.41.41 Email o(a6 Plve;o v p 4,4 •c�u r_ Archltect/Engineer's Name Address FOR PERMIT EAPEOITERS ONLY Rpr pernilt pick -up): Contact Name Phone Ste or Apt # / Floor Cell _ Project Name (if applicable) Fee Simple Title Holder (if other than owner) Address Mortgage Lender Address City State Zip City, Bonding Company Address State Zip State Zip Description of the proposed work (New Construction, Addition, Interior /Exterior Alteration, Windows /Doors, etc.) Nfto CON 5-rQwc-noN ' Vfa2T1c& P'XIS WINO 1-U(mrte ON PoLs Is this a City or Re -hab project? ❑ Yes [/No Is the building served with an automatic fire sprinkler system? ❑ Yes Z] No Current Use or Occupancy 02 10e#%CTl Ai._ Is this a change in the Use or Occupancy? ❑ Yes Z No For Impact Fee Credit, Existing or Previous Structure Demolished? ❑ Yes ❑ No Type of Structure Demolished: ❑ SFR ❑ Commercial ❑ Commercial Accessary Building PLEASE CHOOSE ONE OF THE FOLLOWING: NEW CONSTRUCTION & ADDITIONS - FEE SCHEDULE V TOTAL COST OF CONSTRUCTION TO INCLUDE: STRUCTURAL, ROOFING, ELEC, MECH, PLBG NOTE: OTHER ASSOCIATED TRADES TO BE FEE'D SEPARATELY UNDER FEE SCHEDULE II OR III. THESE INCLUDE: LOW VOLTAGE, HOOD /SUPPRESSION SYSTEM, FIRE SPRINKLERS, IRRIGATION, LANDSCAPING, PAVING, ETC. MISCELLANEOUS PERMITS - FEE SCHEDULE fl- ALTERATIONS & GENERAL CONSTRUCTION - SCHEO. III' TOTAL COST OF CONSTRUCTION: $ 1 s � COST OF CONSTRUCTION WITHOUT TRAD 6 I NOTE: ALL SUB - TRADES TO BE FEED SEPARATELY. THESE INCLUDE ELEC, MECH, PLBG, ROOFING, LOW VOLTAGE, HOODISUPP SYSTEM, FIRE SPRINKLERS, IRRIGATION, LANDSCAPING, PAVING, ETC. 'SEE BUILDING PERMIT FEE SCHEDULE FOR DETAILS 5617370188 Fax 03:21:12 p.m. 02 -06 -2014 3/7 Vertical Axis Wind Turbine 5617370188 Fax 03:21:57 p.m. 02 -06 -2014 4/7 VAWT Rotor Dimensions Elevation Not to Scale Plan Not to scale 5617370188 Fax 03:22:06 p.m. 02 -06 -2014 5/7 Model Annual Power Output Cut -in Speed Swept Area Rotor Construction Rotor Dimensions Overall Height Type Generator Braking Weight Design Life Sound Emission Inverter VAWT Gale T5 Specifications By Tangarie Alternative Power LLC Gale'" TS 5785 kWh /yr (average wind speed of 7 m/s or 15.6 MPH) 4.25 MPH 97.09 square feet (9.02m2) High quality aircraft aluminum 158" h x 89" w (4.013m x 2.26m) 200" (5.08m) Vertical Axis — Savonius 5 kW Permanent Magnet Electronic with optional mechanical 2,882 Ibs 30 years 58 dB @ 20' Aurora PVI 6000 5617370188 �I m N G. �C rN- i Fax won �d co o � O O N J r U 2 s= CD a. nl9 a 03:22:13 p.m, 02 -06 -2014 6/7 O —1 an 1os nb 3nrina ? — MYe .00Y'6• - n9 j � O tL O o o� a D V4+ d p M � � H 0 en r � o m ai Y F f is ate' ac�o �6G0 4 VD Q � 7J $� V 4Q � •e' F o 0 ui V `� i�• 4 56173701BB Fax 03:22:32 p.m. -z IL �1 02 -06 -2014 22 O 7/7 s t� V TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 21, 2015 freddy farnsworth [mail to: frederick .freddy.famsworth @gmail.com] Re: GS #1866 (2516 AAS GS) Any notes memos, reports, emails, photos, invoices, letters or any other records related to 2516 Avenue Au Soleil for the Town of Gulf Stream. Dear freddy farnsworth [mail to: frederick.freddv.famsworth(iD mail.coml, The Town of Gulf Stream received your original public records request from Urban Kilday Design on June 22, 2014. You should be able to view your original request at the following link htty: / /www2.gulf- stream. ore/ weblink/O /doc /56231/Pagel.aspx. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive documents from Urban Kilday Design can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records