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ARPB 01 26 2012 w/ backup
CHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER: Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley January 19. 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JANUARY 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing 12-22-11. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. February 23, 2012 @ 8:30 A.M. b. March 22, 2012 @ 8:30 A.M. c. April 26, 2012 @ 8:30 A.M. d. May 24, 2012 @ 8:30 A.M. e. June 28, 2012 @ 8:30 A.M. f. July 26, 2012 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Bridges Marsh & Associates, as Agent for Mr. & Mrs. Curtiss Roach, the owners of property located at 3560 Gulf Stream Road, Gulf Stream, Florida, 33483, which is legally described as Lot 3, Block 2, Polo Fields. a. SPECIAL EXCEPTIONS to permit two, one-story additions to the existing one-story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the same dwelling that would encroach 2.8 feet into the south side setback. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of three one-story additions, 809 square feet, to the existing one-story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. VII. Items Related to Previous Approvals. A. Revision of an approved renovation at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis to permit the elimination of a 2 -story garage with storage/guest room and the addition of a second story above the existing garage for storage/guest room. AGENDA CONTINUED VIII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-238, Roofs 2. Section 70-100, Roof & Eave Heights 3. Section 70-51, Minor Accessory Structures 4. Section 66-367, Swimming Pools 5. Section 66-369, Docks 6. Section 66-1, Definitions 7. Section 70-71, Floor Area Ratio 8. Section 70-68, Lot Size & Dimensional Requirements 9. Section 70-4, How To Use This Manual IX. Items by Board Members. X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, DECEMBER 22, 2011 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 Thomas Smith Malcolm Murphy Thomas M. Stanley Amanda Jones Paul Lyons, Jr. William H. Thrasher Rita L. Taylor John Randolph Hassan Tajalli of Ames Architectural Design William Allis Tom Laudani of Seaside Builders Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Alternate Member Alternate Member Board Member Town Manager Town Clerk Town Attorney Agent for McCrady 3883 Bermuda Lane #6 Agent for Arscott & Harbor View Estates Town Consultant III. Minutes of the Regular Meeting and Public Hearing of 11-17-11. Mr. Smith moved and Vice -Chairman Morgan seconded to approve the Minut of the Regular Meeting and Public Hearing of November 17, 2011. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. IV. Additions, withdrawals, deferrals There were no changes to the Agenda. of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. January 26, 2012 @ 8:30 A.M. b. February 23, 2012 @ 8:30 A.M. c. March 22, 2012 @ 8:30 A.M. d. April 26, 2012 @ 8:30 A.M. e. May 24, 2012 @ 8:30 A.M. f. June 28, 2012 @ 8:30 A.M. There were no conflicts with meeting schedule. Chairman Ganger asked Clerk Taylor if any applications have been submitted for the January 26th Public Hearing. Clerk Taylor said there were no applications at this time. Chairman Ganger announced that he would request declarations of ex -parte communication prior to each matter for public hearing. He asked if there has been ex -parte communication concerning the application by Hassan Tajalli for Mr. and Mrs. McCrady. Chairman Ganger stated that he only drove by the property. There were no additional declarations of ex -parte communication. Clerk Taylor administered the Oath to Hassan Tajalli, William Allis, Tom Laudani and Marty Minor. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Caroline Rudolf or Hassan Tajalli as agent for Mr.& Mrs. William McCrady, owners of the property located at 3883 Bermuda Lane, Apt. 8, Gulf Stream, Florida, which is legally described as Bermuda Club of Gulf Stream Condo #8, to consider the following: Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 2 a. VARIANCE to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet (31) into the required fifteen foot (15') setback. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of aluminum emergency stairs attached to the south end of the existing building which would encroach approximately 3' into the required setback. Mr. Tajalli introduced himself and stated that he represents Mr. and Mrs. McCrady in this matter. He said the McCradys feel that, in the event of an emergency, they may not be able to safely exit their unit and are requesting a variance to add outside emergency stairs to be bolted to the south end of the existing building. Mr. Tajalli said the emergency stairs will be accessed from their master bedroom through a window which will be converted to a swing -out, lockable door and will match the main entry door. Mr. Tajalli stated that a neighbor reviewed the initial drawings which indicated a protrusion of almost 4' past the edge of the building and he was concerned that the protrusion would impact his privacy and property value. He explained that there was enough space to push the stairs back so that they now clear the corner of the building and the only extension is to the south, which is heavily vegetated and has the least amount of traffic. Mr. Tajalli said the stairs will not be obtrusive to the landscaping; however, they may have to cut out a portion of the sodded area and replace it with concrete pads in order to bolt down the stairs. Mr. Smith asked about the existing storage units. Mr. Tajalli said the shed area will be removed and totally eliminated. Chairman Ganger asked about the construction timeframe, including the construction to convert the window to a door. Mr. Tajalli said it would be about two days. Mr. Tajalli asked that the Board consider the age and health of the occupants and explained that Mrs. McCrady has health issues, she recently had hip surgery and she suffers from anxiety. Vice -Chairman Morgan said this is a variance to the Code and in order to qualify for a variance the applicant must meet all eight (8) hardships. He said the Town Manager believes this application does not appear to comply with five (5) code sections. Vice -Chairman Morgan said he believes there are three (3) sections that are not proven and that there is nothing unique or different from others where they are suffering some sort of disadvantage by the original design of the building. Mr. Randolph said that hardship runs with the land and not the individual. Chairman Ganger asked Clerk Taylor if there were any comments from neighbors. Clerk Taylor said that Mr. Allis, who is present at this hearing, stopped by Town Hall to review the drawings and had some objections. Chairman Ganger asked Mr. Tajalli if he thought others in the building would come forward with the same request if this were approved and Mr. Tajalli said it is possible. Mr. Smith asked if the Condo Association had addressed this matter. Mr. Tajalli said Mrs. McCrady gave him a letter of authorization from the Association. Mr. Stanley said if the Town approves this application the Condo Association still has the right to reject it. He asked Mr. Tajalli if they discussed moving the stairs. Mr. Tajalli said they want them in the proposed location because the only window is in the master bedroom. Chairman Ganger asked how they would currently exit their unit in an emergency. Mr. Tajalli explained that the only door exits from the kitchen area onto a catwalk and then down a stair case to the sidewalk. Mr. William Allis introduced himself saying he resides in Unit #6 which is just below the McCradys in Unit #8. He said he just learned of this construction a week ago and it was unacceptable as it was first presented because he felt it would intrude on his privacy and lower his property value. Mr. Allis also stated that he is on the Association Board and he said it was mentioned that this is what the McCradys were asking for, but the Board has not specifically voted on this. He said his concerns have been resolved and he no longer objects, but he was looking for information because he believes there is a pipe in that location which Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 3 cannot be found. Chairman Ganger asked Clerk Taylor if there was a survey issue and Clerk Taylor said she asked the architect for a new survey and they had one done just for that corner. Mr. Thrasher stated that his report stands as submitted and that his recommendation is for the Board to recommend denial of the request for a variance in that a hardship has not been proven on items 1, 2, 4, 7 & 8. Mr. Smith moved and Vice -Chairman Morgan seconded to recommend denial of a variance to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet into the required fifteen foot setback based on the finding that required variance standards 1, 2, 4, 7, and 8 are not met. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Mr. Smith moved and Vice -Chairman Morgan seconded to recommend denial of a Level III Architectural/Site Plan to permit the addition of aluminum emergency stairs attached to the south end of the existing building which will encroach approximately 3' into the required setback based on the finding that the required variance standards 1, 3, 4, 7 and 8 are not met. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice - Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Clerk Taylor stated that the Town Commission will hear this application at their Regular Meeting and Public Hearing which is scheduled for Friday, January 13, 2012 at 9:00 A.M. 2. An application submitted by Seaside Builders, Tom. Laudani, as agent for John Arscott, owner of property located at 582 Palm Way, Gulf Stream, Florida, legally described as Lots 24 and 23A Polo Cove Subdivision, Gulf Stream, Florida. a. SIGN REVIEW to permit installation of a contractors sign, Seaside Builders, at the above address that shall not exceed 2 square feet in size and be white background with black lettering. Chairman Ganger asked for declaration of ex -parte communication. There were no declarations. Tom Laudani of Seaside Builders introduced himself and explained that he is requesting a standard contractors sign at 582 Palm Way which will be 2 SF in size and will conform to Town Code. Vice -Chairman Morgan moved and Mr. Murphy seconded to approve a sign permit for erection of a contractors sign based on a finding that the proposed sign meets the requirements of Code Section 66-447, subject to a maximum height of 4' and maximum 2 SF sign size. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. 3. An application submitted by Seaside Builders, Tom Laudani, as agent for Harbor View Estates, owner of property located at 1220 North Ocean Blvd., Gulf Stream, Florida, legally described as Lots 4, 5 & N. 96' of 6, Golf Course Addition, Gulf Stream, Florida a. SIGN REVIEW to permit installation of a contractors sign, Seaside Builders, at the above address that shall not exceed 2 square feet in size and be white background with black lettering. Chairman Ganger asked for declaration of ex -parte communication. There were no declarations. Mr. Laudani explained that he is requesting a standard contractors sign at 1220 N. Ocean Blvd. which will be 2 SF in size and will conform to Town Code. Vice -Chairman Morgan asked if there is any construction going on at this point. Mr. Laudani said the gates are up, they are working to stabilize the site and the property has been seeded. He said road construction is expected to begin within the next six weeks. Mr. Laudani said the sign will identify the site and will indicate Seaside as the exclusive builder. He said the sign will remain through the completion of construction, including the construction of homes. Mr. Laudani said realtors will have individual signs which will be separate from the contractors sign. Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 4 Vice -Chairman Morgan commented that several vehicles have been parked there. Mr. Laudani said he was aware of that, but they are not associated with Seaside Builders. He said no work vehicles will be parked there until such time as the hammerhead construction begins. Chairman Ganger asked Clerk Taylor if the Town has received the drawings and architectural history which was previously requested by the ARPB. Clerk Taylor confirmed that it has been received. Mr. Thrasher asked Mr. Laudani if they will be doing any irrigation. Mr. Laudani said he realizes there have been complaints about the dusty conditions due to the seed being folded into the top soil and he assured the Board that watering would begin no later than Tuesday, December 27th. Mr. Thrasher said sooner would be best. Vice -Chairman Morgan moved and Mr. Murphy seconded to approve a sign permit for erection of a contractors sign based on a finding that the proposed sign meets the requirements of Code Section 66-447, subject to a maximum height of 4 feet and a maximum 2 SF sign size. There was no discussion. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. VII. Items by Staff. A. Recommended Comprehensive Plan Amendments 1. Future Land Use Element 2. Transportation Element 3. Housing Element 4. Infrastructure Element a. Sanitary Sewer Sub -Element b. Solid Waste Sub -Element c. Drainage & Natural Groundwater Aquifer Recharge Sub - Element d. Potable Water Sub -Element 5. Coastal Management Element 6. Conservation Element 7. Recreation & Open Space Element 8. Intergovernmental Coordination Element 9. Capital Improvement Element Marty Minor of Urban Design Kilday Studios prepared a Summary of Amendments to the Town of Gulf Stream Comp Plan which was distributed to the ARPB Members in their meeting packet. He said the Town Commission reviewed the proposed amendments to the Comp Plan and Zoning Code at their December meeting and their direction was to move forward and present the proposed amendments to the Architectural Review and Planning Board (ARPB). Mr. Minor explained that the ARPB will make their recommendations to the Local Planning Agency (LPA). The LPA will decide whether to send the amendments to the State and other required agencies, such as the Treasure Coast Regional Planning Council and Palm Beach County. The agencies will have 30 days to review the amendments and make comments and then it will come back to the Town. The Town Commission will then make the decision to either adopt or deny the amendments. Mr. Minor said the annexation of 16.6 acres created changing conditions within the Town and, in addition, the State Legislature has made massive changes to their growth management plan. He said the University of Florida (BEBR) estimates that 98 permanent residents live within the annexed area, which includes 102 existing dwelling units, 34 approved but not yet built units, and less than an acre of vacant land. The annexed area currently has a future land use designation of Palm Beach County HR -12 (High Residential -12) which allows 12 units per acre. Mr. Minor said the recommendation is to change that to the Town's current future land use of MF (Multi -Family), which allows 5.7 units per acre and is consistent with other multi -families within the Town. He said no commercial or industrial future land uses exist or are projected for Gulf Stream and that the Town of Gulf Stream is essentially built -out and will experience only minor fluctuations in populations. Mr. Minor said the Level of Service for the provision of recreation facilities, private and public, will be revised from 0.23 acre per Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 5 person to 0.1 acre per person, noting that the general standard is 5 acres of recreation per 1000 residents. Chairman Ganger asked if the general standard differentiates between recreational areas which are open to the public versus those that are private. Mr. Minor said it does differential and he stated that one of the options provided through growth management legislation is to be able to review and incorporate this information into the Comp Plan. He said someone could convert a recreational facility into something else without affecting the level of service, but if they did so at the present time they would have to amend the Town's Comp Plan to address that type of provision of recreational services. Chairman Ganger said he was not sure that the Comp Plan should contemplate population growth. He said Gulf Stream does not want to grow and the reason the Town decided to annex the 16.6 acres of unincorporated Palm Beach County was to prevent that area from overgrowth. Mr. Minor pointed out some additional items saying that during the summer the State Legislature made concurrency optional. He said none of the local governments took that option, they are still part of the concurrency system and the Town is taking this opportunity to strengthen their concurrency management system within its Comp Plan. With regard to non -conforming densities, Mr. Minor said there are densities ranging from B units to 16.5 units per acre within the annexed area and the Town's density is 5.7 units per acre. He said there is a clause in the Comp Plan that if an entire building was destroyed due to a hurricane or an act of God they can rebuild as is. In addition, he said throughout the Comp Plan some of the time frames have been eliminated, such as those associated with certain actions or studies for situations involving historic preservation or the creation of standards for the citing of group homes. The State Law has changed and, although it is still a goal within the State Growth Management Laws, there is no longer an emphasis on immediacy, which allows local governments to decide when they want to move forward with such studies. Chairman Ganger commented that not long after the first Comp Plan a goal was set to have historic preservation as a guide in the decision process in situations such as the Spence Estate. He said there should be something in the Comp Plan concerning historic preservation before the Town loses more of their historic homes. Chairman Ganger also commented that there are issues with group homes and he feels the Town should be vigilant with regard to transient rentals, be aware of the situation facing the City of Delray Beach and take action. Vice -Chairman Morgan asked Chairman Ganger what he proposes. Chairman Ganger said he mentioned to Mr. Minor in a telephone conversation that the premise should be consistent with the Town's beliefs and more articulate in putting forth what is important to the Town. Vice -Chairman Morgan asked Mr. Minor if the Delray Beach group home situation could occur in the Town of Gulf Stream. Chairman Ganger said he has spoken to several attorneys who say it could already be in planning stages without the Town being aware. Mr. Thrasher said the timeframe for these studies has been eliminated, but not the potential to study and make changes in these areas. He asked Mr. Minor to explain the timeframes. Mr. Minor said the timeframe under the older growth management regulations required towns to meet and adopt certain standards, such as group home citings, home-based occupations, rentals less than 3 months and commercial uses, which are all prohibited in the Zoning Code. Timeframes were required for communities without specific regulations which the State wanted to include in all comp plans and rather than making communities adopt regulations immediately the State's focus in review of comp plans is on larger issues of State concern. Mr. Minor said he took the opportunity to eliminate the timeframes, but not the desire to adopt specific regulations. Chairman Ganger said he would like the ARPB to have more time to put their thoughts together and clean up the Comp Plan before making their recommendations to the LPA. He said he would like an opportunity to address fundamental issues to give the LPA substantial goals and Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 6 planning guidelines. Clerk Taylor said she does not disagree, but understood that when the annexation took place there were some time constraints in bringing the Comp Plan up to reflect the annexation. She said while there are other issues that should be considered, we should move forward now and continue with other issues later. Clerk Taylor said there are no limits on the number of Comp Plans submitted. Mr. Minor said there are some studies to be done and the Board can address some of the other issues under the Zoning Code where those types of regulations occur. He suggested that the Board make their recommendations to the LPA with the proposed amendments they have before them at this time, including any suggested changes. Mr. Randolph said the ARPB has a responsibility to deal with the density issue in a reasonable time and urged the Board to move forward with the proposed amendments now and address other issues later. Both Chairman Ganger and Vice -Chairman Morgan suggested that ARPB members meet to share ideas on some of the issues. Mr. Randolph said the ARPB can hold a workshop, but it would be in violation of the Sunshine Law for members to meet with each other outside of a meeting. Mr. Thrasher said his recommendation is for the ARPB to move forward with the proposed amendments as submitted by Mr. Minor. Chairman Ganger said he would rather hold off on making their recommendations because there are mistakes in the proposed amendments and he would prefer to fine tune them before recommending them to the LPA. It was the consensus of the Board and Staff that there would not be enough time to hold a workshop, submit changes to Urban Design and have everything ready to distribute in the Commission meeting packets. Clerk Taylor explained that if the ARPB moves forward in recommending the proposed amendments as submitted, the Commission will have 15t reading of the Ordinance to be able transmit the amendments to the DCA and other required agencies on January 13th. Following the response from the DCA and other agencies which should be within 30 days, the Commission will review and address their comments and have a 2nd reading of the Ordinance for adoption of the Comp Plan Amendments. Chairman Ganger said he is uncomfortable with that timetable. Mr. Randolph asked Mr. Minor if elements that do not relate to the annexed area could be put off at this point in order to allow the ARPB to deal with elements that do relate to the annexation, such as future land use and transportation, in order to move forward. Mr. Minor said yes because, generally, future land use is the main focus. He said, however, because of an increase in population, there could be an issue if someone were to ask how the sanitary elements and infrastructure would be impacted. Chairman Ganger said the Town has commercial enterprise which can be converted into a group home with transients who are part owners. Mr. Randolph said the Board could move forward with the proposed amendments with the understanding that there are concerns with certain elements which the ARPB will be addressing to make changes. Vice -Chairman Morgan moved and Mr. Murphy seconded to recommend approval of the Summary of Amendments to the Town of Gulf Stream Comprehensive Plan as submitted. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Vice -Chairman Morgan moved and Mr. Murphy seconded a motion to allow the Architectural Review and Planning Board to request authority from the Town Commission to hold a Workshop for the purpose of reviewing additional changes and amendments to the Gulf Stream Comp Plan to submit adjustments to the Commission. Roll Call: Mr. Stanley, AYE; Vice -Chairman Morgan, AYE; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed 5 - 0. Mr. Randolph said, if the Board has no objection, Chairman Ganger could bring any mistakes in the proposed amendments to Mr. Minor's attention and, as long as they are not substantive, Mr. Minor can make the changes before the January meeting. The consensus of the Board was that they had no objections. Mr. Thrasher said he would prefer that Chairman Ganger brought the changes to Clerk Taylor to prepare them for Mr. Minor. Mr. Smith suggested having a workshop at the next ARPB Meeting if the Agenda Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 7 is minimal. Clerk Taylor said she does not favor workshops because no motions can be made. Mr. Randolph suggested calling it a Special Meeting. B. Code Review 1. Section 66-369 Docks (7); Pg. CD66:71 Materials & colors. Materials & colors of docks & ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. 2. Section 70-51 Minor accessory structures (2); Page CD70:24 in -ground swimming pools and spas 3. Section 70:238. Roofs (a); Page CD70:93 Required. White flat untextured tile, except that gray slate or slate -style may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level 11 approval. 4. Section 70-100. Roof and eave heights Define preferred, discouraged and prohibited height of entry feature. Mr. Thrasher said these items have been accumulating for review by the ARPB. He said the first step would be recommendations concerning these items from the ARPB to the Commission. Chairman Ganger said that because the roof issue has been a hot subject it should be addressed. He said he would like to discuss the process for a code amendment that would preclude or mitigate subdivision of lots that currently exceed 1 acre into smaller subdivision. Chairman Ganger said the subdivision of the Spence property initiated a lot of talk in the community and he suggested that the subdivision of lots be added to the list of items up for discussion. Mr. Randolph said that the size of a lot is addressed in the Zoning Ordinances which allows subdivision a property as long as it meets existing Code requirements. He said there is case law that says you cannot deny subdivision if it meets your existing Code and, therefore, you will need to modify the Zoning Code. Vice -Chairman Morgan said he believes the Town Code does allow denial and Section 70, Subsection 4 addresses the matter, but it fell on deaf ears in the application for subdivision of the Spence property. Mr. Randolph said he did not believe the section to be applicable; however, he said it can be added as an item for discussion in the future if the Board would like to tighten it up. Mr. Thrasher said he would like to get the discussion started today on the items listed on the agenda. Chairman Ganger said they will discuss the items listed and he also suggested adding the subdivision item. He added that he would like Staff to have the assignment of identifying property in the Town that could potentially be subdivided. Mr. Thrasher said there are properties that could be subdivided, but he did not know how many. Vice -Chairman Morgan said he would also like to explore whether Section 70, Subsection 4 would allow this Board to limit further subdivision of properties that can be subdivided. He also suggested that FAR Standards be reviewed again. Mr. Stanley clarified that the Board would like to identify properties that can be subdivided and look into whether it is feasible to do an overlay including those properties and change the regulations to a certain point where if someone wanted to redevelop those properties against the code it would be a privately initiated LDR amendment. Mr. Randolph said this matter should be more broadly approached and asked the Board if they want to add this item to the list. Chairman Ganger said he would like it added to the list and he would like the roof item to be a priority to prevent another resident from approaching the Board for the slurry -coated tile. Mr. Randolph said that cannot happen due to zoning in progress. Mr. Thrasher said these items are addressed in sections of the Code that have caused many issues in interpretation. Chairman Ganger asked Mr. Thrasher to summarize the issues with Section 66-369 Docks and Ancillary Structures in terms of materials and colors. Mr. Thrasher said the Board will discuss the specifics of whether a dock can be concrete or made from real or false wood, acceptable colors of docks, if any, and the extension of 5' from the water line. Vice -Chairman Morgan said he has added FAR and Regular Meeting and Public Hearing - December 22, 2011 Architectural Review and Planning Board Page 6 subdivision consideration items. Mr. Smith said that Mr. Thrasher previously informed the Board that they do not have the authority to regulate driveway elevations, but asked whether this matter should be added to the list for discussion. Mr. Thrasher said it is something to discuss, but he will have Marty Minor look into whether the Town can legally regulate driveway elevations. Vice -Chairman Morgan said that all of these items can be fairly involved and suggested taking one item per meeting for discussion. He asked if the ARPB is authorized to direct Mr. Minor to investigate and report on these issues. Mr. Thrasher said we have historically operated that way and are authorized to do so, and he added that some of the items will be controversial and some will not, such as pools and grottos. Clerk Taylor said most of the items on this list have already been discussed and staff has been authorized to do something about them. Chairman Ganger recommended the roof issue be scheduled for the next meeting and asked the Board and Staff to be prepared. Clerk Taylor suggested considering the eave heights for discussion at the next meeting also. VIII. Items by Board Members. There were no items by the Board Members. IX. Public. There were no items by the Public. X. Adjournment. Chairman Ganger adjourned the meeting at approximately 10:30 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012 -01 Owner: M/M Curtiss Roach Address: 3560 Gulf Stream Rd Agent: Mark Marsh, Bridges, Marsh & Associates Proposed Improvement: Construction of three one -story additions to the existing one -story Gulf Stream Bermuda style single family dwelling. Approvals Requested: Special Exception: To permit two, one -story additions to the existing one - story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the dwelling that would encroach 2.8 feet into the south side setback. Level III Architectural /Site Plan: To permit the construction of three one -story additions, 809 SF, to the existing one -story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. Gross Lot Size: 15,030 SF Effective Lot Area: 15,030 SF Proposed Total Floor Area: 3,899 SF Allowable: 4,959 SF Zoning District: RS -C Considered During Review: Height: 15' existing Section 70 -75. Special exception setbacks. (c) Additions to structures with existing nonconforming setbacks. (1) Minimum setback. The minimum setback (all setbacks) is the extent of existing minimum setback. Section 70 -74 Setbacks. Section 70 -100 Roof and eave heir Comments: The standards for approval of special exception appear to be met. Town of Gulf Stream TOWN OF GULF STREAM APPLICATION FOR DEVELOPMENT APPROVAL ... .....1 ....... This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and /or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. To be completed by all applicants. A. Project Information I.A.1. Project/Owner Name: PART II. GENERAL INFORMATION Mr. & Mrs. Curtiss Roach ARPB File # O %2' /' I.A.2. Project Address: 3560 Gulf Stream Road Gulf Stream I.A.3. Project Property Legal Description: Lot 3, Block 2, Polo Fields, according to the plat thereof as recorded in plat book 26, page, 13 public recor s o Pa m Beac oun y, FL I.A.4. Project Description (describe in detail, including # ofstories, etc.) Single Story additions on east and west areas of existing residence- interior remodeling. I.A.5. Square Footage of New Structure or Addition: _809 s q . f t . Architectural Style: Gulf Stream Bermuda 1.A.6. Check all that apply: BIXArchitectural /Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures O Non - residential uses ❑ Variance (complete section G) XX Special Exception (complete section E) 1.A.7. (a) Proposed F.F.E.: B. Owner Information Type of Foundation: _Piling 1.8.1. Owner Address: 3560 Gulf Stream Road LB-2. Owner Phone Number:_ 561 -455-,4 731 I.B.3. Owner Signature: C. Agent Information Fax: I.C.I. Agent Name and Firm Name: M. Mark Marsh., Bridge -- Marsh soc. R Ac I.C.2. Agent Address 18 Via Mizger I.C.3. Agent Phone Number: (o) 5/i . 1.C.4. Agent Signature: Pre -App Date: App Date: Com Date:_ Decision: a alm Beach, F 3 Oell A 6 icial Use Only Date: imendation: Date: Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 . Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre- application conference with Town Staff. Please be concise but brief. Attach additional sheets only when necessary and be sure to include the appropriate and complete question number for each response. A. Project Description and Justification III.A.1. In what zoning district is the project site located? Rs,.G III.A.2. Is the project compatible with the intent of the zoning district? @ Yes ❑ No Explain. Scale /Style of additions conforms to existin use within the Zoning g district. III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? P Yes ❑ No Explain. Fully compatible with future land use. III.A.4. How are ingress and egress to the property to be provided? new driveway centered along GulfStream Road. III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage on site b. Sanitary Sewer public c. Potable Water city d. Irrigation Water city e. Electricity f p & 1 f. Telephone at &T g. Gas propane tank h. Cable Television Comcast III-A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66 -144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) N/A PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre- application conference with Town staff Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals /Requirements IV-A.1. Does the project involve land area within fifty feet (50') of the A1A (North Ocean Boulevard) right -of- way? ❑ Yes eNo (If "Yes ", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes ❑ No (If "Yes ", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50 %) of the landscaped area of a developed lot? ❑ Yes ©�No (If "Yes ", section D of this part must be completed.) IV.A.5. Does the project require approval of a Special Exception? ❑ Yes ❑ No (If "Yes ", section E of this part must be completed.) IV.A.6. Is the project at variance with any regulations contained in the Zoning Code? ❑ Yes 111 No (If "Yes ", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 _.-,� vucglll E. Projects Requiring a Special Exception. IV.E.1, Is the proposed use a permitted special exception use? M Yes ❑ No Code Section:? 0 - 75 c IV.E,2. How is the use designed, located and proposed to be operated (2 ) welfare, and morals will be protected? P ed so that the Proposed additions to public health, safety, non conforming setbacks are not visible from-.a public right-Of-way. IV,E.3. Will the use cause substantial injury to the value of other ro be located? ❑Yes X$ No P Perty in the neighborhood where it is to Explain. Proposed additions are bel6w required lot and mass is com covera e patible with neighborhood. IV.E.4 How will the use be compatible with adjoining development a is to be located? nd the character of the District where it Proposed additions are below required lot coverage and is compatible with neighborhood mass IV.E,S. What landscaping p g and screening are provided? New I _aJrldscalping existing hedges on property lines will be maintained' aint supplemented. ain ed or W.E.B. Does the use conform with all applicable regulations governing he located? J7 Yes []No 9 District wherein it is to be Explain. All criteria within the G manual are met. F. Non - Residential Projects and Residential Projects of Greater than 2 Units W.F.J. If common area facilities are to be provided, describe them and how the to NSA Y are be maintained. IV-F.2. If recreation facilities are to be impacts o a n n Provided, describe them and their Potential Properties. surrounding IV.F.3. For each of the following, list the number provided and their dimensions, Loading Spaces: Standard Parking Spaces: Small Car Parking Spaces: Handicapped Parking Spaces: Driveways /Aisles: Application for Development Approval Form ADA.32000 Page 5 Page 1 of 1 Rita Taylor From: Bill Thrasher Sent: Tuesday, January 10, 2012 8:56 AM To: Rita Taylor Subject: FW: Roach Residence Attachments: 21133_al- 1_area calcs.pdf; 21133_a4-1—area calcs.pdf From: Marty Minor [mailto:MMinor @udkstudios.com] Sent: Tuesday, January 10, 2012 8:48 AM To: Bill Thrasher Subject: Roach Residence Bill, Attached is our analysis of the Roach residence plans with regards to the FAR and the undivided window size and glass percentage on the western elevation. The proposed addition raises the FAR to .26, which is less than than the maximum limit of .33. However, the residence's western elevation contains undivided glass ranging from 18 to 25 square feet in size. Also, glass makes up 51.1% of the western facade, which also exceeds code standards. Attached for your use are the elevations with the calculations. Should you have any questions, please feel free to contact me at any time. marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561 - 366 -1100 1/10/2012 kI 220 )�> §) ) Ln �* �\\ `i §§3 .m | §E 2 z0c 2 > | 7 || $ ; q # m § 220 )�> §) ) Ln � / | 7 b ƒ |! §( | 40 � � � � � $■ ¥� . ' � |_2 � | §■ / x .m | §E 2 2 > | 7 || � ; q # m § $�- - 3 P P P P ix is ii � # � ■ ;._..��� >� >P§ , \ \� 2 2 ® , � / � / | 7 b ƒ |! §( | 40 � � � � � $■ ¥� . ' � |_2 � | §■ / x M C. > g c 0 aox -n� N O > >N f M NM> > > J� M RI > r > > Zno r p Z O w > (� A ? I O p p CZ O m D 39 0 O Z N f 8 lap .— �yp� w N �;seg � �' Diu W w ��ee ( Page 1 of 1 Bill Thrasher From: Marty Minor [MMinor @udkstudios.com] Sent: Thursday, January 12, 2012 11:52 AM To: Bill Thrasher Update on a couple issues: Roach Residence: The cross - section detail of the wall detail was helpful. The clarification of the facade wall height helps us confirm that architect's calculation that the glass area makes up 48% of the west wall facade. Roof Tiles: I have discussed Bermuda white tiles with the owner of Carpenter Roofing, who does roofing for high -end homes and buildings on the island, including in Gulf Stream. He recommends the Entegra Portland white cement, smooth white tile as the preferred the as it is available locally, it is white thru and thru, and he also suggested for slate or gray tile that they be the "un- weatherized or un- fading" type as some of the cheaply -made tiles fade quickly and unattractively. I will include this info in the recommended zoning code language, but I wanted to give you an update in case someone asks. I will see you tomorrow morning for the Town Council /LPA hearing. Thank you, ma rty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida,. 561 - 366 -1100 1/12/2012 vs s ,1 I \\ .i1 �T�� .mow <` 'Tby' ,�`':• \i ryi`� `�_`' 1. T-7111, ............. 4b i6 IMF ��y 4 ���� ���� �� } �� ' , ��[ ��C ' . s u e ��. . , . ���� I �� r b r ' ^ I � - ` �� , ��: - . 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White flat untextured tile, except that gray slate or slate -style may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval Recommended Changes: Required. Flat, white thru and thru, smooth, un- coated tile, except that gray, slate or slate - style, may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences, subject to Level II approval. 2. Section 70 -100. Roof and eave heights Define preferred, discouraged and prohibited height of entry feature. Recommended Changes: Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such element. Height: Preferred, From eight feet to 14 feet. Discouraged, From 14 feet to 16 feet. Prohibited. Greater than 16 feet. 3. Section 70 -51 Minor accessory structures (2); Page CD70:24 In- ground swimming pools and spas Recommended Changes: Add "Waterfalls" 4. Section 66 -367 Swimming pools Recommended Change: Add (j) No grotto shall be permitted in any zoning district. A grotto shall be considered and artificial structure or excavation made to look like a cave or cavern. (k) Waterfalls, minor accessory structures, shall not exceed 4' in height as measured from the average finished grade of the property and the back side of the structure shall be screened from off - premises view with landscape material. 5. Section 66 -369 Docks (7); Page CD66:71 Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. Recommended Changes: No concrete docks are permitted. All docks will be made from natural materials. 6. Section 66 -1 Definitions Recommended Change: Basement shall mean that portion of a building which is below the finished floor elevation of the building. A basement is not considered a story with regards to height measurement of a building. The square footage of a basement shall be included in the FAR calculations at 50% and not be usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the structure. 7. Section 70 -71 Floor Area Ratio Recommended Change: Seeking Input 8. Section 70 -68 Lot size and dimensional requirements. Recommended Change: Seeking Input 9. Section 70 -4 How to use this Manual Recommended Change: Seeking Input FiII. A. I. GULF STREAM DESIGN MANUAL § 70 -238 (b) Stepbacks. The use of stepbacks is appropriate to reduce excessive bulkiness and provide a transition between first and second stories. A few critical stepbacks on a building are better than several minor stepbacks that only complicate the facade and create busy architecture. (c) Preferred. Balconies+ Simple rectangular config- urations Single story garages Smaller second sto ry con- figurations Stepbacks to second story (d) Discouraged. Angular walls Complex facade treatment (excessive multi -layer stepbacks) Stepbacks, smaller second story, single story garage, and a balcony help to Sec. 70 -238. Roofs. articulate and give appropriate scale to this house (preferred). (a) Required. White flat untextured tile, except that gray slate or slate -style tile may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences subject to Level II approval. (b) Preferred. Combination hip /gable roofs Decorative capped chim- ney Exposed rafter tails Flashing, vent stacks, and pipes painted to match ad- jacent building surface Hip roof Low pitched roofs (6:12 slopes) Roof overhang (2 -21/2 feet) Simple roof geometry em- phasizing long horizontal lines _ _.. White flat untextured tile Gulf Stream- Bermuda style white tile roof (required) OC, Corr. CD70:93 § 70 -238 (c) Discouraged. Dormers on single story GULF STREAM CODE houses Gable Pyramidal hip (often has too steep of slope) Very low pitched roofs (slope less than 5:12) (d) Prohibited. Barrel tiles - .-..� u Front gable except for en- try features Gambrel Mansard Monolithic roof design where inadequate mea- sures were taken to re- duce massing and height Roof detail showing exposed rafter tails and decorative capped chimney of roof design (preferred) Pan tiles r Shed Shingles Tiles other than white flat untextured tiles or gray slate tiles Unnecessarily complex roof geometry (Ord. No. 00 -1, §§ 56, 57, 3- 10 -00) OC, Corr. CD70:94 § 70 -99 GULF STREAM CODE Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory structures) Non - earthtone colors (except white), for example: blue, peach, pink, teal or yellow Primary color tiles and shingles Roll tile and similar tile styles in all districts except Place Au Soleil S -Tile in all districts except Place Au Soleil Solar panels on the streetside Unnecessarily complex or monolithic roof design All white tile other than flat cement tile (Ord. No. 00 -1, § 36, 3- 10 -00; Ord. No. 03 -9, § 2, 10- 10 -03) Sec. 70 -100. Roof and eave heights. (a) Generally. (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential/human scale. Most structures in the town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (2) Roof height is measured from the top of the first finished floor to the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same eave line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but are not limited to, chimneys, cupolas, decorative towers, dormers, and small cut -outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features, if used, should provide a sense of arrival to visitors, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 feet for entry features) Eave lines: Three or less Roof features: Three or less visible per building side Roof heights: 20 feet or less (24 feet or less for roof features) (2) Discouraged. Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) Eave lines: Four Roof features: Four visible per building side Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) OC, Corr. CD70:46 GULF STREAM DESIGN MANUAL § 70 -100 (3) Prohibited. Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) Eave lines: Five or more Roof features: Five or more visible per building side Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (c) Two story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts —From eight feet to 12 feet for one -story portions (from eight feet to 14 feet for entry features) 22 feet six inches or less for two -story portions All other districts —From eight feet to ten feet six inches for one -story portions (from eight feet to 14 feet for entry features) 21 feet or less for two story portions Eave lines: Four or less Roof features: Three or less visible per building side Roof heights: 22 feet or less for one -story portions (2) Discouraged. Eave heights: Beachfront and Ocean West Districts— Between 12 and 14 feet for one -story portions (between 14 and 16 feet for entry features) Between 22 feet six inches and 24 feet six inches for two -story portions All other districts— Between ten feet six inches and 12 feet six inches for one -story portions (between 14 and 16 feet for entry features) Between 21 feet and 23 feet for two -story portions Eave lines: Five Roof features: Four visible per building side Roof heights: Between 22 feet and 26 feet for one -story portions (3) Prohibited. Buildings with more than two and one -half stories Eave heights: Beachfront and Ocean West Districts —Less than eight feet or greater than 14 feet for one -story portions Greater than 24 feet six inches for two -story portions. All other districts —Less than eight feet or greater than 12 feet six inches for one -story portions Greater than 23 feet for two -story portions Eave lines: Six or more Roof features: Five or more visible per building side CD70:47 § 70 -100 GULF STREAM CODE Roof heights: Greater than 26 feet for one -story portions For two -story portions greater than the following for each zoning district: District Height in feet Gulf Stream Core 30 (roof features may extend to 35) Ocean West 30 (roof features may extend to 35) Beach Front 35 (including roof features) North/South 30 (roof features may extend to 35) Place Au Soliel 30 (roof features may extend to 35)" CD70:48 GULF STREAM DESIGN MANUAL § 70 -101 Preferred ■ Four or less eave lines Prohibited Six or more eave lines Line 3 Line 2 Line 1 Above graphic illustrates eight different eave lines, adding unnecessary complexity to the elevations. (Ord. No. 00 -1, §§ 26, 37, 3- 10 -00; Ord. No. 03 -1, § 1, 4- 11 -03) Sec. 70 -101. Windows. (a) Generally. (1) Windows not only provide light and ventilation but add to the aesthetics of a building by creating rhythm, proportion, distinction and articulation. Certain styles of windows correspond to specific CD70:49 �� �� �� W �� 0 �� � j i � � & & & E \ ( ) r _ . . 1 c t > �� W �� 0 C �� �% K | | / �% � �� � ` �� k 2 � | | �%�� | ��| � �� ` | � ������ ! � , . | �%, �� | | w f W O N �� �� �� W �� 0 �� � j i � � & & & E \ ( ) r _ . . 1 c t > �� W �� 0 C �� .b o. -1 c� a� W 0 O cd a� W 0 PA, 1-77,71H it I %.O' e • �q • W r r ®! CO z 7 c Q � a� a Im R 3, § 70 -49 GULF STREAM CODE (b) These prohibitions shall not extend to telephonic transactions and communications. Sec. 70 -50. Private schools. Any private school conducted in any single family residential zoning district may continue to be used as such under the provisions of sections 66 -131 et seq. of this Code, provided however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private school, may be replaced, or another building substituted in place thereof; repaired and maintained from time to time as shall be necessary for the effective operation and maintenance of such private school; and further, any development permits, orders or written agreements granted or executed by the town prior to the adoption of this chapter shall remain in full force and effect. Sec. 70 -51. Minor accessory structures. The following structures shall be considered as minor accessory structures in all five single family zoning districts subject to specific setbacks established in this chapter. Any structure which is larger or more intensive shall be subject to the same setbacks as the principal structure. (1) Detached, one -story structures of 300 square feet or less and 18 feet or less in height, including but not limited to: Garages /sheds Gazebos Greenhouses Guest houses Pool cabanas/bathhouses Trellises /arbors (2) Permanent recreation facilities, including but not limited to: Batting cages/backstops Forts and playhouses In- ground swimming pools and spas Paved/special surface areas and accompanying equipment and/or fencing for tennis /squash/ racquetball, basketball, shuffleboard, putting greens /sand traps, etc. Swing sets and other playground equipment (3) Fountains. (4) Mechanical equipment and television antennae /satellite dishes. (5) Decks and patios with elevations greater than eight inches above highest abutting grade. (6) Awnings with leg supports and those otherwise extending more than three feet out from a structure. (7) Docks, boat lifts, and davits. (8) Flagpoles. CD70:24 :kV. A. N. § 66 -351 GULF STREAM CODE tion as a condition precedent to the issuance of a building permit for the proposed use. The unity of title declaration shall apply to all the property necessary for the proposed use, and shall declare that no portion of said property shall be sold or transferred by the owner or successors in interest apart from the whole. (b) If there is a sale or transfer in contraven- tion of a unity of title declaration, no building permit will be issued for any portion of the prop- erty contained in the unity of title declaration. Declaration shall remain in effect until a release of the unity of title declaration is executed by the town. (c) The unity of title declaration shall be filed at the expense of the owner in the public records of the county. Proof of such filing shall precede the issuance of a building permit. (Ord. No. 83 -1, § 2(X, K), 4 -8 -83) Sec. 66 -352. Nuisances. No use shall be made of any property within any district that shall in any way be offensive or noxious by reason of the emission of any dis- charge, odor, gas, dust, smoke, vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a nuisance; nor shall anything be constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community. Each use shall be operated so as to lessen the damage from fire and explosion. (Ord. No. 83 -1, § 2(X, J), 4 -8 -83) Cross reference — Nuisances, ch. 22. Secs. 66- 353 -66 -365. Reserved. DIVISION 2. ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES Sec. 66 -366. Antennas and antenna systems/ structures. (a) Broadcast receiving antennas or communi- cation antennas may be permitted in any zoning district upon site plan review and approval by the town commission and upon issuance of a building permit by the town. (b) Broadcast receiving antennas or communi- cation antennas shall be attached to the main building or structure and shall not extend more than five feet above the highest portion of the roof. (c) Satellite television antenna systems may be permitted in any zoning district upon site plan review and approval by the town commission and the issuance of a building permit by the town. (d) Satellite television antenna systems shall not exceed 12 feet in diameter or width. (e) Satellite television antenna systems shall be considered as accessory structures and shall be subject to the applicable site plan review require- ments and regulations of this chapter. (f) Unless specific approval is granted by the town commission, satellite television antenna sys- tems shall be ground mounted and located in such areas as to be screened or buffered from view from adjacent properties, rights -of -way, the Intracoastal Waterway and/or the Atlantic Ocean. (g) There shall not be more than one satellite television antenna system, broadcast receiving antenna or communication antenna per residen- tial building or condominium association on any platted lot or parcel. (h) Upon receipt of site plan approval and prior to the issuance of a building permit for satellite television antenna, the town commission shall review the installation plans, which plans must be signed and sealed by a professional engineer registered in the state who shall certify that the proposed satellite television antenna system is wind resistant with an ability to with- stand winds up to 140 miles per hour. The calcu- lations and such certification by the engineer shall be submitted along with the plans. (Ord. No. 83 -1, § 2(X, H), 4 -8 -83; Ord. No. 84 -7, § 2, 12- 14 -84) Sec. 66 -367. Swimming pools. (a) No swimming pool shall be located, de- signed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool. ZONING (b) Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect away from adjoining premises. (c) A pool may be located within an enclosed courtyard, patio, etc., provided it is to the rear of the required front yard setback line. (d) All enclosed swimming pools shall be in conformity with the setbacks required by the zoning district in which it is located. (e) Unless otherwise specified elsewhere in this Code, unenclosed or open swimming pools in the "RS" single - family residential district shall be located a minimum of 25 feet from front property lines; provided, however, that any swimming pool located on property fronting on SR AlA shall be subject to the established 78 -foot centerline set- back. (f) Swimming pools shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or par- cels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (g) All pools shall be enclosed by a self - locking, child resistant fence, wall or equivalent barrier at least four feet high, except as provided elsewhere in this Code, and in no event shall a pool be exposed to open view from any public roadway. (h) No aboveground pools of any nature shall be permitted in any zoning district. An aboveground pool shall be considered a pool constructed or assembled of any material and whose top edge exceeds two feet in height above the average finished grade of the lot or site. (i) All pools shall be landscaped so as to pre- vent exposure to off - premises view from any pub- lic roadway, any public or private right -of -way, and the ground level of any adjoining property. However, this subparagraph shall not be con- strued so as to prevent the exposure of pools to open view from public or private waterways. (Ord. No. 83 -1, § 2(X, I, 1), 4 -8 -83; Ord. No. 92 -5, § 1, 9- 28 -92; Ord. No. 00 -1, §§ 18, 19, 3- 10 -00) Sec. 66 -368. Tennis courts. § 66 -369 (a) No tennis court shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the tennis court. (b) No lights shall be used in any manner so as to illuminate any tennis court. (c) All tennis courts shall be in conformity with the setbacks required by the zoning district in which it is located. Any tennis court located on property fronting on SR AlA shall be subject to the established 78 -foot centerline setback. (d) Tennis courts shall be located on the same lot or parcel of land as that of the main building. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory structure which would cross lot lines. (e) All tennis courts shall be enclosed by a fence, open wall or equivalent barrier and in no event shall a tennis court be exposed to open view from any public roadway. (Ord. No. 83 -1, § 2(X, I, 2), 4 -8 -83) Sec. 66 -369. Docks. In the single - family residential district, one dock per lot of record shall be permitted in accor- dance with the following: Supp. No. 1 CD66:69 (1) Site plan review required. All new docks and significant alterations to existing docks shall require site plan review and ap- proval. (2) Permitted as accessory use. Docks shall be permitted only as an accessory use to single - family dwellings for the exclusive use of the dwelling's occupants (residents and nonresident members of the occupant's family and resident guests at the dwell- ing). Docks shall not be permitted on vacant lots unless the vacant lot is adja- cent to a developed lot under the same ownership and a unity of title has been recorded. . V. A - ,r, ZONING minimum offset from the setback centerlines. For lots with designated water frontage less than 100 feet the docking zone shall have a minimum five -foot offset from each of the set- back centerlines. In the case of cove end lots and lots with a water front- age of 100 feet or less, neither boat nor dock shall exceed a length of 70 feet. For rounded corner lots, water frontage is determined by the mid- point of the arc. For purposes of determining designated water front- age, dock widths, setbacks and max- imum boat lengths for each water- front lot within the Town, the figures contained within Exhibit "B" at- tached hereto and incorporated herein shall apply. [See the end of this sec- tion.] In cases with multiple water frontages, owner must treat each frontage according to the appropri- ate size category. In the case of low profile piling boat lifts, the lift shall be located in the following manner. The first piling shall be placed a minimum of twenty feet (towards center of the lot) from the setback line with the pilings extending into the docking zone no farther than twenty feet from the seawall. For lots with setbacks of more than fifteen feet on either side, the twenty foot mea- surement for the first piling shall be mea- sured from the setback on the side with the largest setback. f. A maximum of one dock box shall be permitted which shall be no higher than 30 inches and no larger than 24 cubic feet. § 66 -369 g. Light fixtures shall be installed in a manner that provides safe pedes- trian circulation using low voltage lighting with a maximum fifty watts mounted no higher than three feet above the dock at a minimum spac- ing of ten feet on center. Lights are to be step, path or marine type fix- tures. Fixtures must project down- ward at a minimum 45- degree angle from the horizontal plan tangent to the top of the light source fixture and allow no light spillage onto ad- jacent properties. No fixture shall be mounted to the seawall. h. Subject to level one site plan ap- proval, a maximum of one floating platform may be permitted in lieu of a boat lift for the purpose of storing small watercrafts. The floating plat- form shall be constructed of nonfer- rous material, be black in color and may not rise more than 12 inches out of the water. No more than two wa- tercrafts of a maximum length of 14 feet shall be stored on the floating platform. The platform dimensions shall not exceed eight feet in width or 16 feet in length. All watercrafts shall be stored parallel to the sea- wall. A floating platform must be removed after three months of dis- use. (7) Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of architectural review and planning board consideration and shall be maintained as approved. (Ord. No. 83 -1, § 2(X, I, 3),4-8-83; Ord. No. 91 -24, § 3, 10- 21 -91; Ord. No. 00 -1, §§ 20, 21, 3- 10 -00; Ord. No. 04 -9, § 2,2-11-05; Ord. No. 05 -2, §§ 1 -6, 9 -9 -05; Ord. No. 008 -4, § 4, 9 -5 -08) Supp. No. 1 CD66:71 3Z.A. 60 ZONING ARTICLE I. IN GENERAL Sec. 66 -1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abutting shall mean having a common border with, or being separated from such common bor- der by, an alley or easement. Access shall mean the principal means of in- gress and egress to property from a publicly dedicated right -of -way. Accessory building, structure or use shall mean a building, structure or use on the same lot with, and of a nature customarily incidental and sub- ordinate to, the principal building, structure or use. Acre, net. See Net acre /net land area. Addition (to an existing building) shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load- bearing wall other than a firewall. Any walled and roofed addition which is con- nected by a firewall or is separated by indepen- dent perimeter load- bearing walls is new construc- tion. Adjacent shall mean that which lies near or close to, not widely separated or necessarily touch- ing. Adjoining shall mean that which is joined or united, actually touching. Alley shall mean a dedicated public right -of- way other than a street which provides only a secondary means of access to abutting property, is not over 20 feet in width and is not intended for general traffic circulation. Alterations, as applied to a building or struc- ture, a change or rearrangement in the structural parts of the existing facilities, or an enlargement, whether by extending on a side, or by increasing the height, or the moving from one location or position to another. § 66 -1 Antenna shall mean a device for radiating and/or receiving television or radio signals. Antenna structure shall mean an antenna con- sisting of two or more radiating elements, gener- ally similar which are arranged in such a manner as to obtain direction radiation patterns. It in- cludes any structural members which are neces- sary to maintain the proper electrical relation- ships between the radiating elements, including the mast or other structure used to support the array as a whole, but does not include the trans- mission line which supplies energy to or receives energy from the array as a whole. Apartment. See Dwelling, multiple - family. Appeal shall mean a means for obtaining re- view of a decision, determination, order, or failure to act pursuant to the terms of this chapter. Area of shallow flooding shall mean a desig- nated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard shall mean the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Awning shall mean any movable rooflike struc- ture cantilevered or otherwise entirely supported from a building, so constructed and erected as to permit its being readily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. Base flood shall mean the flood having a one percent chance of being equalled or exceeded in any given year. Base flood elevation shall mean the height above mean sea level expected to be reached by the 100 -year flood. Basement shall mean that portion of a build- ing, the ceiling which is entirely below grade or less than three feet above grade. A basement is Supp. No. 1 CD66:7 § 66 -1 GULF STREAM CODE not considered a story with regards to the height measurement of a building. There shall be no entrances to such basement on the street side and the exterior appearance of such basement shall conform to the general architecture of the build- ing. Bedroom shall mean a room other than a kitchen, dining room, living room, bathroom or closet which is marketed, designed or otherwise likely to function primarily for sleeping. Block shall mean a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights -of -way, bulk- head lines, or shorelines of waterways, or corpo- rate boundary lines of the town. Breakaway wall shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces with- out causing damage to the elevated portion of the building or the supporting foundation system. Breezeway shall mean a roofed, open -sided pas- sageway connecting two separate structures, or two separate portions of the same structure. Broadcast receiving antenna shall mean an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broad- cast services, including AM, FM and TV. Building area shall mean the portion of a lot remaining after required setbacks have been pro- vided. Building shall mean any structure built for the shelter, support or enclosure of persons, animals, chattels or movable property of any kind; and, when separated by division walls without opening from the ground up, each portion of such struc- ture shall be deemed a separate building, and for the purpose of this chapter, all porches, projec- tions, cornices and eaves shall be deemed and considered a part of a building. The word "build- ing" shall include the word "structure." Building, detached, shall mean a building hav- ing no party walls in common with another build- ing. Building front shall mean that exterior wall of a building which faces a front lot line of the lot. Building height shall mean the vertical dis- tance measured from the point of first floor base flood elevation of the building site to the highest finished roof structure including any rooftop su- perstructure or appurtenance. Building line shall mean a line on a lot, gener- ally parallel to a lot line or road right -of -way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter. Building official shall mean that person who is designated by the town commission and is charged with the responsibility of enforcing and adminis- tering the various land and building regulations of the town. Building permit shall mean the document or certificate issued by the town building official or other designated official which verifies adherence to all applicable development regulations and gives permission to the permit applicant to pro- ceed with the actions for which the permit was requested. Building, principal, shall mean a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. Building site shall mean a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belong- ing to the same. Bulk shall mean the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines. Carport shall mean a freestanding covered area or a roofed area open on one, two or three sides and attached to a building, either of which is designed for the storage of one or more vehicles or boats. Supp. No. 1 CD66:8 19. A 7 § 70 -69 Sec. 70 -69. Unity of title. GULF STREAM CODE In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. Sec. 70 -70. Floor area calculation. For purposes of computing the floor area ratio, floor area shall be defined as follows. "Floor area" shall mean the gross floor area of a structure as measured from the outside of the exterior walls and shall include or exclude the following: (1) All floor area under a solid roof whether or not the area is enclosed with walls (i.e., porches, balconies, breezeways, etc.) shall be included. (2) Areas under awnings with leg supports or those that extend more than three feet out from a structure shall count as one -half shall be included. (3) Floor area under ceilings which are higher than 15 feet shall count as double. (4) Areas under screen enclosures shall count as 1/2. (5) Areas under eaves or roof extensions of 21/2 feet or less shall not be included. (6) Areas in basements shall not be included. (7) Areas in attics that cannot be used for living area shall not be included if the ceiling height does not exceed 61/2 feet and there are no windows. (Ord. No. 00 -1, § 28, 3- 10 -00) Sec. 70 -71. Floor area ratios. (a) Sliding scale floor area ratio (FAR). (1) Floor area ratio (FAR) is the relationship between a building's total floor area and the area of the lot it sits on. If a building is 2,500 square feet and it sits on a lot of 10,000 square feet, its FAR is .25. This direct relationship results in the ability to build bigger homes on bigger lots. While a ratio of total floor area to lot size such as .25 may be appropriate for smaller lots, on larger lots the result can be unnecessarily and inappropriately large homes. This is particularly a problem when two lots are combined and are now twice as large as the lots next door. This section provides a methodology for maintaining a reasonable opportunity to build larger homes on larger lots, while recognizing that the relationship to the scale of an existing neighborhood is an important community character concern. (2) In order to establish a sliding scale which reduces floor area ratio yields on larger lots; the following FAR step down shall be used: Effective Lot Area I Gulf Stream Core Ocean West Beachfront North /South I Place au Soled Maximum FAR First 20,000 .33 .33 square feet .33 .33 .33 Portions over 20,000 square .20 .20 .20 .20 .20 feet+ Supp. No. 1 Example 1: 45,000 square foot lot in Beachfront District. First 20,000 square feet x .33 = Next 25,000 square feet x .20 = Total 45,000 square feet CD70:28 6,600 square feet 5,000 square feet 11,600 square feet maximum floor area GULF STREAM DESIGN MANUAL § 70 -71 Example 2: 30,000 square foot lot in Ocean West District. First 20,000 square feet x .33 = 6,600 square feet Next 10,000 square feet x .20 = 2,000 square feet Total 30,000 square feet 8,600 square feet maximum floor area . Example 3: 18,000 square foot lot in Place au Soleil. First 18,000 square feet x .33 (b) Neighborhood context floor area ratio. 5,940 square feet maximum floor area (1) In order to address the potential problem created when two lots are aggregated in a district of predominantly small lots, the neighborhood context FAR shall be followed. This special FAR calculation will apply only to new lots in excess of 20,000 square feet created in the Gulf Stream Core or Place au Soleil Districts after the adoption of this chapter. (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 = 6,600 square feet 13,000 square feet x .20 = 2,600 square feet Total 33,000 square feet 9,200 square feet maximum floor area b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 = 4,290 square feet maximum Neighbor 2 lot: 16,000 square feet x .33 = 5,280 square feet maximum Total 9,570 square feet max _ 2 Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area Gulf Stream Core Ocean West Beachfront North /South Place au Soleil Neighbor- Lots greater than 20,000 Lots greater than 20,000 hood Context square feet created after N/A N/A N/A square feet created after FAR Applica- adoption of this manual adoption of this manual bility (2) When dealing with double lots, it is reasonable to allow a larger home than would be allowed on a single lot, but probably not twice as large if abutting lots remain small. An equitable method for determining the maximum FAR for a double lot (or when a vacant lot is split between two existing homes) shall be to use existing abutting lots to create a "neighborhood context FAR" or average FAR yield and then to apply a reasonable factor for floor area expansion. (3) For lots over 20,000 square feet in the Gulf Stream Core or Place au Soleil districts created after the adoption of this manual, the neighborhood context FAR shall be the average maximum FAR yield of the two abutting lots with a 50 percent increase allowance. If the neighborhood context FAR is less than the standard FAR, the neighborhood context FAR shall be the maximum allowed. This will restrict new houses or homes with additions to a size that, while large, would not overshadow neighborhood residences. For example: Double lot at 33,000 square feet. Maximum FAR for newly created lots over 20,000 square feet is the smaller of the two FAR calculations (sliding scale FAR and neighborhood context FAR). a. Sliding scale FAR: 20,000 square feet x .33 = 6,600 square feet 13,000 square feet x .20 = 2,600 square feet Total 33,000 square feet 9,200 square feet maximum floor area b. Neighborhood context FAR: Neighbor 1 lot: 13,000 square feet x .33 = 4,290 square feet maximum Neighbor 2 lot: 16,000 square feet x .33 = 5,280 square feet maximum Total 9,570 square feet max _ 2 Maximum FAR is smaller of the two: 7,177.5 square feet Supp. No. 1 CD70:29 = 4,785.0 square feet aver- age x 1.5 7,177.5 square feet maxi- mum floor area § 70 -71 GULF STREAM CODE (4) For lots subject to neighborhood context FAR, the methodology for identifying abutting lots is as follows: Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00 -1, § 26, 3- 10 -00) Combined Lot Types Sec. 70 -72. Special exception floor area ratio (FAR). End Lot )r Lot (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 Abutting Neighbor #1 Abutting Neighbor #2 For interior lots, abutting lots are: the side lot the other side lot example: if lots 29 and 30 are combined, abut- ting lots are: lot 28 lot 31 For corner lots, abutting lots are: the side lot which faces the same the largest lot directly across the street same street example: if lots 7 and 8 are combined, abutting lots are: lot 6 lot 17 For end lots, abutting lots are: the side lot the next nearest lot on street example: if lots 1 and 2 are combined, abutting lots are: lot 3 lot 4 Note: Lots not conforming to outlined examples are subject to approval by the town Planning and Building Administrator in keeping with these guidelines. (Ord. No. 00 -1, § 26, 3- 10 -00) Combined Lot Types Sec. 70 -72. Special exception floor area ratio (FAR). End Lot )r Lot (a) Lots of less than 7,576 square feet. Up to 2,500 square feet of floor area may be permitted on any legally established lot of record of 7,576 square feet or less, subject to the following: (1) Maximum floor area. The maximum floor area is 2,500 square feet. (2) Specific standards for review. Site and structural design elements including, but not limited to: a. Height of the structure relative to neighboring structures; b. The location, number and size of windows, doors, porches, balconies and outdoor lights; Supp. No. 1 CD70:30 GULF STREAM DESIGN MANUAL § 70 -68 ARTICLE IV. SITE DEVELOPMENT REGULATIONS Sec. 70 -66. Generally. Typically, zoning regulations affect the size and location of development on individual lots and establish the basic building envelope. The development standards in this article respond to the unique characteristics of the town's five single - family zoning districts and address community concerns regarding the mass of new construction and its impact on neighborhood character. Sec. 70 -67. Effective lot area. (a) Because many of the site development regulations contained in this chapter are a function of lot size, the definition of the term "lot size" becomes very important. One of the key goals of this chapter is to maintain a proper proportion and scale between buildings and between buildings and the land. Accordingly, it is necessary to establish an "effective lot area" in order to meet this goal. (b) All references to "lot size" or "lot area" in this chapter shall have the same meaning as "effective lot area" which is defined as follows. "Effective lot area" shall mean the platted/recorded lot area minus the following: (1) Any submerged lands. (2) Any lands east of the Coastal Construction Control Line established in 1978. (3) Any lands separated from the main portion of the lot by public or private roads. (4) Any lands used for private road surfaces including an additional ten feet of area beyond the edge of the pavement of a private road. (5) Any unrecorded public right -of -way which shall be determined by using an average of the recorded right -of -way adjacent to other properties along the same roadway. Sec. 70 -68. Lot size and dimensional requirements. The following requirements shall apply only to lots created after the adoption of this chapter. Nonconforming lots which were legally subdivided and recorded in accordance with the regulations in effect at the time of the subdivision, but prior to the adoption of this chapter, shall have all building rights provided under this chapter and chapter 66 provided all other applicable requirements are met. Minimum Lot Size and Gulf Stream North/ Place au Dimensional Requirements Core Ocean West Beachfront South Soleil Effective Lot Area 16,500 30,000 30,000 20,000 15,000 Width Front 100 100 150 100 100 (Rectangular Shaped Lot) Front/Point 40 40 N/A 40 40 (Pie Shaped Lot) Other Lots shall have a All lots shall have a minimum frontage minimum of 150 feet of 100 feet on both of frontage on both AIA and Gulf AIA and the ocean. Stream Road where Land - locked lots are adjacent to both. prohibited. (Ord. No. 00 -1, §§ 26, 27, 3- 10 -00; Ord. No. 008 -5, § 1, 9 -5 -08) Supp. No. 1 CD70:27 GULF STREAM DESIGN MANUAL § 70 -4 (c) In addition to the design standards contained in this chapter, for convenience, the specific mandatory land development regulations are included to facilitate an overall understanding of the review criteria to which new construction is subject. North Ocean Boulevard entering Gulf Stream Sec. 70 -4. How to use this manual. (a) Organization. This chapter is organized into nine articles. The user is encouraged to read the chapter in its entirety. This chapter is a full part of the town's land development regulations and has the same force and effect of all other provisions contained therein. (1) Articles III and IV. Article III, Use Regulations, and article IV, Site Development Regulations, contain land development regulations which are mandatory and apply to all of the single - family zoning districts. These are the typical zoning -type regulations found in most other codes. (2) Articles V through VIII. Articles V through VIII provide design standards and establish a basis for review and approval of all new single - family construction or remodeling. Article V, Areawide Standards, applies to all single - family homes in the town. Provisions with respect to Gulf Stream - Bermuda and Mediterranean Revival architecture (see article VII) are not applicable if an alternate architectural design is selected. The reader is encouraged, however, to become familiar with their provisions in that they are the preferred styles in most of the town. (3) Article VI. Article VI, District Standards, provides more specific design direction for the five single - family zoning districts established in this chapter. The user should identify the applicable district and should study it carefully to ensure that the unique characteristics of and appropriate design direction for that district are incorporated into any design proposal. (4) Article VIL Article VII, Predominant Architectural Styles, contains design standards for Gulf Stream - Bermuda and Mediterranean Revival styles of architecture. As discussed, these styles are not mandatory but are indicative of the predominant styles within the community. (5) Article VIII. Article VIII, Supplemental Development Regulations, addresses elements such as antennas, that sometimes are tacked on to homes that otherwise display good design character- istics. Standards for these elements are provided in this article. CD70:7 § 70 -4 GULF STREAM CODE (6) Article IX. Finally, an appendix is included in article IX. This includes a glossary of architectural terms, an explanation of the development review process, details of the historic survey and single - family development survey, a discussion of color, and a bibliography. These are included as reference materials but are not formally a part of this chapter or chapter 66. (b) Illustrations. The illustrations contained within this chapter address and respond to the oppor- tunities for enhancing and preserving the visual environment of the town. (c) Design standards. The design standards in this chapter provide the town with a methodology and common framework for reviewing submissions for project approvals. The design standards contained herein are either mandatory or discretionary. The terms "required" and "prohibited" are mandatory. The terms "preferred" and "discouraged" are discretionary. These terms are defined below: (1) Required. a. Required items are design elements that are necessary in order to maintain the desired character and quality of the zoning district within which they are located. b. Compliance is mandatory for project approval. (2) Preferred. a. Preferred items are design elements that, whenever possible, should be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are those typically found in the town and which, in combination with other preferred items, define the existing and desired character of the town and the zoning districts. Preferred items are thought to comply with the 'following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating preferred items into a design increases the probability of, but does not assure, project approval. (3) Discouraged. a. Discouraged items are design elements that should not be used in order to maintain the desired character and quality of the zoning district within which they are located. These items are not typically found in the town and detract from the existing and desired character of the town and the zoning districts. Discouraged items are thought to not comply with the following goals with respect to desired zoning district character and quality: 1. Consistency of neighborhood character. 2. Consistency of architectural style. 3. Consistency of building form and mass. 4. Consistency of materials and colors. 5. Consistency of location of elements. b. Incorporating discouraged items into a design decreases the probability of project approval and may result in project denial. In order for a discouraged item to be approved, applicants must show, and the town must find, that the proposed item is not inconsistent with the above goals. The use of more than three discouraged items on any property is prohibited. CD70:8 GULF STREAM DESIGN MANUAL (4) Prohibited. § 70 -25 a. Prohibited items are design elements that do not maintain the desired character or quality of the zoning district within which they are located and are not permitted under current codes or regulations. b. The use of more than three discouraged items on a property is prohibited. C. Use of prohibited elements mandates project denial. (d) Additional standards and criteria. Please note that the chapter constitutes only one small subsection of the Land Development Regulations found in this Code. While compliance with the standards found in articles I through VIII of this chapter is essential to final project approval, compliance with several additional standards and criteria also may be necessary before a building permit can be issued. Accordingly, users of this chapter are strongly advised to familiarize themselves with all federal, state and/or town regulations that might apply to a particular type of project. To assist in determining which town regulations may apply, users are encouraged to review the tables and flow chart contained in section 70 -297 of this chapter. Users also are encouraged to direct questions to, and share information with, town planning staff as early as possible in the plan development stage. Secs. 70- 5- 70 -25. Reserved. CD70:9