HomeMy Public PortalAbout07/26/2012MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
FLORIDA, ON THURSDAY, JULY 26, 2012 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
Tom Smith
Malcolm Murphy
Thomas M. Stanley
Paul Lyons
Amanda Jones
William H. Thrasher
Rita L. Taylor
John Randolph
Roger Cope, Architect
Cope Architects
Benjamin Shrier, Arch
Affinity Architects
Jeff Brophy of Land
Design South
Robert Vale, Kolter
Jim Boyce, Kast Const
Chairman
Vice -Chairman
Board Member
Board Member
Alt. Member sitting as
Board Member
Board Member
Alt. Member
Town Manager
Town Clerk
Town Attorney
Agent/Tom Stanley
Agent/4001 N. Ocean W.
Agent/4001 N. Ocean W.
Rep. 4001 N. Ocean W.
Rep. 4001 N. Ocean W.
III. Minutes of the Regular Meeting and Public Hearing 6-28-12.
Vice -Chairman Morgan moved and Mr. Smith seconded to approve the
Minutes of the Regular Meeting and Public Hearing of June 28,
1012. There was no discussion. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. No meeting in August
b. September 27, 2012 @ 8:30 A.M.
c. October 25, 2012 @ 8:30 A.M.
d. November to be determined
e. December 27, 2012 @ 8:30 A.M.
Clerk Taylor said the Town Commission will not be changing their
November Meeting Date and she suggested that the ARPB act today on
scheduling their November Meeting. Mr. Smith suggested Thursday,
November 15, 2012 at 8:30 A.M. There was no further discussion. All
agreed.
Regular Meeting and Public Hearing
r. -.4p r-onnFRi c; 4:eR - July 26, 2012 Page 2
A 0119
VI. PUBLIC HEARING.
A. Applications for Development Approval
Chairman Ganger asked for declarations of ex-parte communication
concerning either of the applications being heard. Chairman Ganger
stated that he was involved in discussions at the beginning of the
development of 4001 N. Ocean Blvd. East, which was over a year ago, and
C he said it would not pertain to this matter. There were no other
declarations of ex-parte communication. Tom Stanley, ARPB Alternate
sitting in as Board Member, stated that he is the owner of the property
located at 3524 Oleander Way, he recused himself from that portion of
the hearing and left the room. Clerk Taylor administered the Oath to:
Roger Cope of Cope Architects, Agent for Stanley; Ben Shrier of Affinity
Architects and Jeff Brophy of Land Design South, Agents for 4001 N.
Ocean West; Bob Vale of Kolter Homes; and, Serge Della Ville, Gulf
Stream Resident.
1. An application submitted by Roger Cope, as Agent for
the owners, Thomas & Kirsten Stanley, of property located
at 3524 Oleander Way, Gulf Stream, Florida, which is
legally described as Lot 57, Gulf Stream Properties No. 2
together with that portion of the South half of the right-
of-way known as Pandanus Rd. lying North of adjacent Lot
57, Gulf Stream, Florida.
a. SPECIAL EXCEPTION to permit air conditioning equipment
to encroach approximately 2' into the South side
setback.
b. DEMOLITION PERMIT to remove a portion of existing West
wing and the existing one car garage.
c. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit
demolition of a portion of the West wing and existing
one car garage, the addition of a two car garage and
expansion of the West wing, a total of 1,492 sq. ft.
to the existing 1 -story, single family historic Polo
Cottage, and to permit an encroachment of
approximately 2' into the South side setback to
accommodate air conditioning equipment.
Roger Cope of Cope Architects introduced himself and stated that he is
representing Mr. and Mrs. Stanley in the renovation of their home. He
said it is a sprawling, very linear home with a swimming pool in the
rear. Mr. Cope said they are proposing a modest renovation of the
historic Polo Cottage which is just south of Gulf Stream School. Mr.
JCope said Gulf Stream Rd. runs along the rear of the property where most
of the proposed improvements will take place. He said the existing 1 -
car garage will be expanded to a 2 -car garage, and the existing rear
wing, which includes a bedroom, bathroom, a laundry facility and a
breezeway, will be deconstructed to make it about 4' wider and slightly
longer, and the breezeway will cut through from the new garage to the
swimming pool.
Vice -Chairman Morgan asked where the bulk of the additional square
footage will be going. Mr. Cope said the garage is doubling in size, so
the bulk of the additional square footage is the garage and the strip
Regular Meeting and Public Hearing
July 26, 2012 Page 3
A 12 P6
that will be added to the West wing. Mr. Smith asked if they will be
replacing the roof. Mr. Cope said the existing asphalt shingle roof is
too low and will be coming down, but he said they will match the
existing material. He said the windows in the new wing and garage will
match the esthetic look of the existing single -hung aluminum windows,
and the existing exterior color of the house, which is white, will not
change. The breezeway will be open-air, but covered, and there will be
French doors going into the kitchen area of the wing. Mr. Cope said
they are asking approval to allow the A/C equipment to sit outside of
the garage and encroach 2' into the south side setback; however, he said
there will be no infringement on the neighbors.
Members of the Board agreed that the proposed improvements will preserve
and enhance the property. Chairman Ganger said this home may have once
been used as living quarters for the polo groomsmen and it is one of the
10 oldest homes in Gulfstream. There were no further comments from the
Board, Staff or the public. Mr. Smith moved and Mr. Murphy seconded to
recommend approval of a special exception to permit air conditioning
equipment to encroach approximately 2' into South side setback. There
was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy
seconded to recommend approval of a demolition permit to remove a
portion of an existing West wing and the existing one -car garage. There
was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy
seconded to recommend approval of a Level III Architectural/Site Plan
based on a finding that the proposed demolition of a portion of the West
wing and existing one -car garage, the addition of a two -car garage and
expansion of the West wing, a total of 1,492 SF to the existing 1 -story,
single family historic Polo Cottage, and to permit an encroachment of
approximately 2' into the South side setback to accommodate air
conditioning equipment meet the minimum intent of the Design Manual and
applicable review standards. There was no discussion. All voted AYE.
Mr. Stanley returned to the Dias.
2. An application submitted by James Boyce as agent for OK
Seahorse, LLLP, owners of the property located at 4001 N.
Ocean Blvd. on the West side of State Road AlA, legally
described in metes and bounds.
a. The construction of two buildings, one of Georgian and
one of Anglo Caribbean architectural style,
r containing a total of five 2 -story villas.
Stipulation and
Mr. Randolph said the Board has before them the signed Sti
P g P
the Memorandum from Mr. Thrasher. He explained that the applicant had
vested rights under Palm Beach County and now, as a result of the
annexation, the Town's Zoning Code applies. Mr. Randolph provided some
history saying that the applicant submitted a preliminary plan months
ago which was not acceptable. The Mayor and Town Staff met with the
applicant, they negotiated with them for several months, and now they
are back with a new proposal. He said they were entitled to seven units
under Palm Beach County, but only five units under the Town's Code.
Regular Meeting and Public Hearing
Ar2P6' - July 26, 2012 Page 4
Mr. Randolph said they compromised on design and density, the design and
density have come a long way and they are now proposing five units. He
said to avoid further dispute, this will be presented to the Commission
as a compromise settlement, and he said the Board's action today is to
review the application and make their recommendations to the Town
Commission. Vice -Chairman Morgan asked where they compromised. Mr.
Randolph said the compromise was the number of units per acre, the
architectural design, and he said the setbacks were greater in the
previous design. Chairman Ganger reminded the Board that the 4001 N.
Ocean Blvd. project was opposed by the Community prior to the annexation
and the developers worked with the Town and made compromises at that
time. He said this design has come a long way from the original idea
for developing the west side of AlA, which did not come close to
compliance with Town Code.
Benjamin Shrier of Affinity Architects introduced himself. He said the
structure was divided into two masses to appear more like two single
family homes, one of Georgian architecture and one Anglo Caribbean. Mr.
Shrier said each structure is rectangular in configuration, they will
have simple fagade treatment, and they reduced the visibility of the
garages from the street. He said the 2nd story mass was reduced to 70%
of the 1st floor and the height restrictions have been met, with one
structure at 30'8" and the other at 32', and he said there is a 2 -story
eave height of 221. Mr. Shrier displayed a drawing showing the height
comparison to the neighboring structures which indicated that the two
structures are shorter than adjacent structures. Other drawings showed
the entire site with the Georgian structure to the north and the Anglo
structure to the south, and proposed landscaping along the front of the
property which faces AlA.
Chairman Ganger said he would like to see a drawing showing what will be
behind the structures. Mr. Shrier said the landscape drawings will show
what the rear of the structures will look like. Mr. Smith asked if the
mass of the structure will fit inside the smallest line of space. Mr.
Shrier said the smallest line occurs along the 2 -story portions, and in
order to avoid seeing five garage doors directly facing Ocean Blvd., two
free standing, one-story garage structures were designed to place one at
each end of the property. Mr. Smith asked if the entrances to the
property will line up with the entrances to the property on the East
side of AlA and Mr. Shrier confirmed that. Chairman Ganger asked if the
West side residents will have access to the East side amenities. Mr.
Vale stated that they will have beach access and access to the pool and
fitness center. He also stated that FDOT permit requires that the
entrances on both the East and West sides of AlA are in alignment.
Jeff Brophy of Land Design South introduced himself, he displayed the
proposed landscape graphic, streetscape and a rendering of the landscape
you will see when driving by the property. He displayed a rendering of
the interior landscape plan and the front fagade of the structures, and
he said the formal landscaping will be along AlA and in the front of the
property. Plantings at the north and south corners of the property will
be very heavy to provide adequate screening of the garages, a line of
Regular Meeting and Public Hearing
Tn;4n—QaF«,iasi4�-.. - July 26, 2012 Page 5
,a n 08
Australian Pines and a 4 -foot Ficus hedge will be planted along AlA,
with canopy and flowering trees at the north and south corners. Mr.
Brophy said there will be accent palms and plants at all unit entrances,
with shorter palms along the structures, Sea Grapes will be planted
along the north and south elevations, and lush plantings and flowering
trees will be located in the rear of the property, along with a 4 -foot
O retaining wall to provide screening and privacy. Each unit will have a
private patio, a small sod area and a modest pool.
Mr. Brophy said the private courtyards have individual gate systems and
guest parking, the two accessory garages structures have separate gate
systems and guest parking and there is another guest space in the open
court. Each garage is a 2 -car garage, except for one interior garage
which holds 2 cars and a golf cart. Mr. Brophy said the idea was to
create the court, turn the garages in on the project, place the
accessory garage structures at the north and south corners and turn them
in as well. He displayed a simplified drawing of the setbacks for the
units and the accessory garages saying that they met the 78' setback
from the center line of AlA and the 25' rear setback for each unit.
Each end unit has a 20' setback from the property line. The accessory
structures have a 60' setback to the center line and a 15' side setback
to the north and south.
Mr. Smith asked if there is living space above the inside garages and
Mr. Shrier said there is no living space over the garages. Mr. Smith
asked if the two accessory garage structures would have ordinarily been
approved. Mr. Thrasher said, due to the size of the accessory garages,
they are not minor accessory structures in single family terms, but if
they were single family structures the 15' setback would be acceptable.
He said the tradeoff is that the garages would not face the street and
the architects said they could do that, but there would have to be a
give and take on the setbacks. Chairman Ganger commented that Polo
Ridge could not get equipment between the structures and the property
line when painting their soffits, and he said they asked L'Hermitage if
they could bring the equipment on their property. He asked if there
would be similar issues with their side setbacks. Mr. Brophy said it is
a normal side yard with 15' and 5' of buffer.
Vice -Chairman Morgan commented that the Developer has made substantial
attempts to comply with Town Code, and he asked Mr. Thrasher if there
were other inconsistencies besides the garage setbacks. Mr. Thrasher
referred to the second sentence of his Memorandum which states that the
proposal complies with either the County's land use regulations as of
the date of annexation or the land use regulations planned for the West
parcel by the Town. He said there were inconsistencies such as front
setback of garages, maximum building lengths, maximum fagade length
without breaks, lot coverage, landscape buffer and percentage of glass
on the west elevation. Mr. Smith asked if there were any comments from
neighboring properties. Clerk Taylor said 50 notices went out to
neighbors and only one neighbor responded, and she said he is present
today.
Regular Meeting and Public Hearing
Taw %m1a - July 26, 2012 Page 6
Chairman Ganger asked how many single family homes would Town Code have
allowed and Mr. Thrasher said two would have been allowed. Mr. Thrasher
asked Mr. Brophy what density would have been allowed by County Code and
Mr. Brophy said seven units would have been allowed and they would have
allowed more lot coverage than the Town. Mr. Thrasher said the Town's
allowable height restriction 35' and they are proposing between 32' and
O 33', and he added that the layered and intensive landscape plan, which
will include over 120 trees, is a result of discussions with the
developers. Vice -Chairman Morgan asked how the design of the buildings
would be affected if they brought the lot coverage back to the required
30%. Mr. Shrier said they would lose significant portions of the units.
Chairman Ganger asked about the size of the units. Mr. Shrier said they
range in size from 3,521 SF to 3,912 SF, excluding covered patios and
garages. Chairman Ganger asked about the exterior color. Mr. Boyce
said it will blend with 4001 N. Ocean East, which is a creamy tan.
In closing, Mr. Vale said the developers and architects worked closely
with Mayor Koch, Mr. Randolph and Town Staff and they have complied in
every possible way. He thanked everyone for their assistance and
cooperation in allowing them to get to this point.
Serge Delaville of 425 N. County, located just behind the subject
property, said as long as the Town is going to do what is best for Gulf
Stream, he is not against this project. However, he said neighboring
residents were inconvenienced during the construction of 4001 N. Ocean
Blvd. with noise and heavy dust. Mr. Delaville said it would have been
helpful if residents were better informed during that project. He said
a temporary fence was installed, but most of the noise came from the
construction trailers during the night and early morning. Mr. Delaville
said residents were hoping for a smaller project with a more charming
look on the west side. He asked that neighboring residents be better
informed of what to expect and when during the construction. In
closing, Mr. Delaville wished everyone good luck with the project.
Chairman Ganger said, during the construction of 4001 N. Ocean Blvd.
East, Bellamar and Ballentrae were in constant contact with the Kolter
Group and they had Kolter attend HOA meetings so that they were aware of
everything that was going on. He requested that, as best as possible,
construction schedules be made available to residents. Mr. Thrasher
said the Town will do whatever they can to give proper notice. Mr.
Delaville asked who owned the path to the beach. Tom Hill, Property
Manager of Ballentrae, stated that it is their property and it is not a
public right-of-way.
Vice -Chairman Morgan said he was not aware of the lengthy conversations
between Mayor Koch, Town Staff, Town Attorney and the developer of the
property, and he said it strikes him that this comes to the ARPB as a
late July submittal. He said the issue is whether the applicant
received vested development rights when they purchased the property, and
whether or not the vested development rights continue on through an
annexed property like Gulf Stream. Vice -Chairman Morgan said he would
think those rights would not apply to annexed property in a new town,
Regular Meeting and Public Hearing
- July 26, 2012 Page 7
Ail 1016
that is the Town did not change the Code, but the property was brought
in by popular vote into the new Town and, therefore, should be covered
by that Town's legitimate Code. He said the key to our land development
Code is lot coverage and he views this as another congested property
being placed within the Town. Vice -Chairman Morgan said it needs to
comply with our Code in every way. He said the design is good, the
landscaping is well done, but he said it is the mass that bothers him.
Mr. Randolph said the annexation statute provides that, after a property
is annexed, the regulations of the entity of which they were in prior to
annexation travel with the land until the Town makes their decision
otherwise in its Code. He said the applicant submitted their
application prior to the final reading of the changes to the Code. Mr.
Randolph said, with regard to lot coverage, some of the discrepancies
already existed in our Code when they came in under annexation.
Mr. Smith commented that neighbors will be impacted by this construction
and finished project, and he said he would have preferred to have heard
from more residents before making a decision. He referred to the Spence
property where feedback from residents came in after the fact because
everyone was gone for the summer. Mr. Smith asked the developer when he
would like to start the project if this is approved within the next
couple of months. Mr. Vale said they wanted to start the project while
they had personnel on site and hoped the project would be complete by
this time next year. He said this was not intentional timing, it just
took a while to get to this point.
Mr. Stanley said a 3 -unit building is not as appealing as a single
family home and mass is somewhat questionable, but he said the height is
good and there is adequate parking with the garages. Mr. Murphy
commented that this is a unique situation and it seems there has been a
lot of bending to accommodate. Chairman Ganger asked the developer if
they could provide something in their presentation to the Commission
that will offer a better understanding of what the project will look
like. Mr. Vale said they will use today's feedback and will provide
additional graphics.
Mr. Stanley moved to recommend approval of the construction of two
buildings, one of Georgian architecture and one of Anglo -Caribbean
architecture, consisting of a total of five 2 -story units, at 4001 N.
Ocean Boulevard West (West side of AlA). Mr. Randolph said that Mr.
Thrasher wanted the stipulation to be approved, but he said all that was
needed is the way the motion was stated. Mr. Stanley amended his motion
as follows: Mr. Stanley moved and Mr. Murphy seconded to recommend
approval of the proposed architectural design and site development plan
after the stipulation agreement has been signed and recorded, in regard
to the construction of two buildings, one of Georgian architectural
style and one of Anglo -Caribbean architectural style, consisting of a
total of five 2 -story units, at 4001 N. Ocean Boulevard West (West side
of AlA). There was no discussion. Roll Call: Mr. Stanley, AYE; Mr.
Morgan, NO; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The
motion passed by a vote of 4 - 1.
Regular Meeting and Public Hearing
fission - July 26, 2012
A'k FCS
Page B
Chairman Ganger asked the Developer to provide more information in their
presentation to the Town Commission on August 10th to give them a better
idea of what the finished product will look like.
VII. Items by Staff. There were no items by Staff.
VIII. Items by Board Members. There were no items by Board Members.
IX. Public. There were no items by the Public.
X. Adjournment. Mr. Smith moved and Mr. Murphy seconded to adjourn.
T ee ing was adjourned at 10:25 P.M.
Gail C. Abbale
Administrative Assistant
FORM
COUNTY,
813 MEMORANDUM OF VOTING CONFLICT FOR
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LASTN ME—FI
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ODLE NAME
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N ME OF HO RD. OUNCIL. ION.AUTHOpR.ITY RCOMMITTEE
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THE BOARD, COUNCIL. COMMISSION. AUTHOWITY OR COMMITTEE ON
WHICH I SERVE 15 A UNIT OF:
ITY []COUNTY QOTHER LOCAL AGENCY
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NA OFP L ALS DIVISION:
DATE ON WHIbH VOTE OCCURRED
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SITION IS:
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WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting
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DISCLOSURE OF LOCAL OFFICER'S INTEREST///
I, IVvwVUC-5'(/Vl f I I!� l'UT hereby disclose that on _\�,�� / �(•Q .20
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
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inured to the special gain or loss of my relative,
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CE FORM 88 - EFF. 112000 PAGE 2