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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 ST NAME— ODLE NAME Ala(% N ME OF HO RD. OUNCIL. ION.AUTHOpR.ITY RCOMMITTEE MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHOWITY OR COMMITTEE ON WHICH I SERVE 15 A UNIT OF: ITY []COUNTY QOTHER LOCAL AGENCY CI IZ�a-r- �% COU r/' NA OFP L ALS DIVISION: DATE ON WHIbH VOTE OCCURRED i // SITION IS: ❑ ELECTIVE CZAPPOINTIVE 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 conflict of Interest under Section 112 3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163 356 or 163 357, FS , and officers of Independent special tax districts elected an a one -acre, one -vote basis are not prohibited from voting in that capacity For purposes of this law, a "relative" Includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying an a business enterprise with the officer as a partner, Joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the copfllicl: PRIOR -TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature o4pprinterest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the forth in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or In writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the forth in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided Immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is riled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided Immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. 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; Inured to the special gain or loss of my business inured to the special gain or loss of my relative, Inured to the special gain or loss of whom I am retained; or Inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my, conflicting Interest in the measure is as follows: Qc uaAfLlc , Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2