Loading...
HomeMy Public PortalAboutARPB 02 23 2012 w/ backupCHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley February 16, 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, FEBRUARY 23, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. FACTRMI".1 I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 1-26-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. March 22, 2012 @ 8:30 A.M. b. April 26, 2012 @ 8:30 A.M. c. May 24, 2012 @ 8:30 A.M. d. June 28, 2012 @ 8:30 A.M. e. July 26, 2012 @ 8:30 A.M. VI. Items by Staff. A. Proposed Zoning Code Changes 1. Subdivision Review a. Section 66-1, Definitions b. Section 70-71, Floor Area Ratio c. Section 70-68, Lot Size & Dimensional d. Section 70-4, How to Use This Manual 2. Section 70-238, Roofs 3. Section 70-100, Roof & Eave Heights 4. Section 70-51, Minor Accessory Structures 5. Section 66-367, Swimming Pools 6. Section 66-369, Docks VII. Items by Board Members. VIII. Public. IX. Adjournment. Requirements 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, JANUARY 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:30 A.M. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called the meeting to order at Robert W. Ganger Scott Morgan Thomas Smith Malcolm Murphy Paul Lyons, Jr. Thomas M. Stanley Amanda Jones William H. Thrasher Rita L. Taylor John Randolph Mark Marsh, Architect Bridges, Marsh & Assoc Grant Thornbrough Landscape Arch., A. Chairman Vice -Chairman Board Member Board Member Board Member Alternate Member Alternate Member Town Manager Town Clerk Town Attorney Agent for Roach and Davis Agent for Roach Grant Thornbrough & Assoc. Pat Scullen Gulf Stream School III. Minutes of the Regular Meeting and Public Hearing 12-22-11. Chairman Ganger said he hoped all Board Members had an opportunity to read both the 12/22/11 ARPB Minutes and the Minutes of the January 13, 2012 Commission Meeting. He said the Comp Plan revisions were approved by the LPA in context and some of the changes reflect the views of the ARPB. Chairman Ganger added that there were notations from Clerk Taylor concerning the process of revising the Comp Plan and Zoning Codes. Mr. Smith moved and Vice -Chairman Morgan seconded to approve the Minutes of the Regular Meeting and Public Hearing of 12/22/11. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. February 23, 2012 @ 8:30 A.M. b. March 22, 2012 @ 6:30 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. Mr. Smith asked if there would be a February meeting. Clerk Taylor said there will be a February meeting for the purpose of discussing other items concerning zoning code changes. There were no conflicts in the meeting schedule. Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 2 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. Chairman Ganger asked if there was any ex -parte communication concerning this matter. There were no declarations. Clerk Taylor administered the Oath to Mark Marsh, Grant Thornbrough and Patricia Scullen. Mark Marsh introduced himself and stated that Grant Thornbrough, Landscape Architect, was present to review the proposed landscape plan. Mr. Marsh described the existing home as a Gulfstream Bermuda Style of the 1960s, which is not conducive to current lifestyles, and he said the owners are asking for modest renovations, minor expansions and some interior renovation and remodeling. He displayed photos of the existing home as viewed from Gulf Stream Road showing a white tile roof, a nice roof line and simple architectural detail. Mr. Marsh said the home sits on a standard lot, it consists of 3200 SF and the expansions will take it to 3900 SF. Mr. Marsh said they propose an extension of the garage 7' to the east, an addition of a bedroom/office area/ cabana and extend the dining area on the northwest side, and an addition of an office/sitting area off of the master suite. He said the reason for the Special Exception is that these additions are maintaining the existing non -conforming setbacks, which were 12 111 feet many years ago when the house was built and are now 15' under current code. Mr. Marsh said they are in violation by 2.8 feet; however, he said in the past Staff and the ARPB have allowed such expansions that have no impact adjacent properties. Mr. Marsh said the plan modifications include moving the garage to the east to accommodate an interior laundry room, reworking the living room, family room, kitchen and foyer areas, and adding office/sitting areas and a cabana area. He said the courtyard has a very dark and alley -like feel and to capture the use of the courtyard they will reduce the wall Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 3 height and add a scallop and rail detail, create a trellis to serve as a winter porch and introduce an outdoor fireplace. With regard to the fenestration, Mr. Marsh explained that the detail along the east face of the home includes a Bay Window which will be replaced by casements with shutters to create a balance both inside and out. He said the existing sliding glass doors at the rear which face the pool area will be replaced with impact and the arched entryway will be simplified with plaster detail and simple embellishment. Mr. Marsh said the exterior wall color will be beige, the shutters will be a muted green, the projected garage will be an extended hip roof with white roof tile to match the existing. Vice -Chairman Morgan asked if there were any objections or comments by neighbors. Mr. Marsh explained that the only comments were from Gulf Stream School concerning the driveway, noise from the air conditioning and a drainage matter. He said the idea is to maintain the buffer and, therefore, they will relocate the driveway with hedging across the front and a small pedestrian entry into the motor court. They plan to replace the air conditioning units, but keeping them in the same location and they will eliminate the roof drainage with a new drainage plan. Pat Scullen of Gulf Stream School said there are no further objections as long as they maintain the hedge, which they have agreed to do. Mr. Marsh said there is a meandering well-established hedge along the north side of the property. He said the owners are environmentalists and appreciate the lush landscaping and they will maintain that hedge. He introduced Grant Thornbrough, the landscape architect, to explain the landscape plan. Mr. Thornbrough said the existing driveway is semi -circular and faces the Gulf Stream School parking lot. He said the proposed driveway will have one entrance and they will create a motor court area. The loose Chattahoochee material will be replaced with pavers, there will be a small seating area and planted areas in the motor court which will be enclosed by a short privacy hedge with piers and there will be a small pedestrian walkway into the motor court. He said there are low catch basins in the road and to avoid interference with the drainage the pedestrian walkway will be three steps up with a small privacy gate. Mr. Thornbrough described the front courtyard which will feature a trellis with vines, a small bench and a platform for decorative potted plants. It will also feature a propane gas log fireplace and the exterior finish on the chimney will match the exterior wall color and finish. He said the exterior finish is currently stucco, which may change slightly. Mr. Thornbrough said there will be a continuous walkway from the front yard to the backyard, new irrigation and not much additional landscaping along the sides of the home; however, he said they will work with the adjoining neighbors in an effort to maintain the meandering hedge and Areca Palms along the north property line for privacy. He said they will use the existing pool and the deck, which will require some pilings underneath, and will be resurfaced using a stamp concrete with sea glass. Mr. Thornbrough said there will be a small patio with a garden off of the office addition which will be Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 4 separate from the pool area, a small garden area around the pool and a Butterfly Garden with flowering plants in the back. Chairman Ganger asked about the road elevation and the house elevation. Mr. Marsh said the road elevation is 4 feet and the house elevation is 8.27 feet. Mr. Lyons asked about the School's concern regarding the drainage. Pat Scullen stated that the former owner of the home put downspouts through the hedge and the school property would get quite wet; however, she said this issue has been addressed. Vice -Chairman Morgan said his only concern was the non -conforming setbacks which will require the involvement of the north and south neighbors to work with the owner on landscaping. He complimented the consultants for maintaining the Old Florida look of the home. With regard to the roof plan, Mr. Smith asked about the Cricket. Mr. Marsh explained that it is elevated in the valley where two sloped roofs come together creating another interior sloped element which is called a cricket, and it diverts the water to the exterior. Chairman Ganger asked for comments from the Staff. Mr. Thrasher asked the consultants to verify the height of the piers in the front and the distance of the piers from the pavement. Mr. Marsh said the piers are 3 1-i feet back from the property line and 6' to 8' back from the pavement. Mr. Thrasher said he would like to add the condition that the height of piers and distance from the edge of pavement would conform to Code Section 70-187, subsection 6, which prohibits the top of piers to be greater than 4' tall and the edge of the pier would be at least 7 14 feet from the edge of pavement. Vice -Chairman Morgan moved and Mr. Smith seconded to recommend approval of a Special Exception based on a finding that the proposed 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 the single story addition to the dwelling that would encroach 2.8 feet into the south side setback meet the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Vice -Chairman Morgan moved and Mr. Murphy seconded to recommend approval of the Level III Architectural/Site Plan based on a finding that the proposed 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 meet the minimum intent of the Design Manual and applicable review standards, with the condition that the height of piers and their location comply with Code Section 70-187, subsection 4. No Discussion. All voted AYE. 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 Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 5 and the addition of a second story above the existing garage for storage/guest room. Mr. Marsh summarized the Davis application to renovate their existing home at 554 Palm Way which was approved last summer. He said construction began about two months ago and the owners have concerns about the proposed 2 -story detached building which would have been a one -car garage with a guest room and exercise area on the second floor. The structure cannot be attached to the house because of a 10 -foot drainage easement which dissects the property; however, he said the owners feel that a detached structure would be too remote from the main house and they would like to maintain that open space as a play area for the children. Mr. Marsh said they would like to eliminate the detached structure and are proposing to expand the existing two -car garage and add a second floor, which would be a full suite consisting of a guest room and bath and an exercise room. He said the entry element of the existing garage currently faces north and they are proposing to expand the garage about 12' to the north with flip garage doors facing east and a half -garage door facing north for bicycles and other recreational equipment. The entry into the second floor of the garage will be from an interior staircase going up to a loft play area and then into the exercise room and guest suite. Mr. Marsh displayed drawings of the new plan showing all views. He said the owners are going with a ventless fireplace and, therefore, propose removing the chimneys. Mr. Marsh displayed the new rendering, saying they have simplified what they refer to as the service area of the home by removing the heavy dramatic piers and creating wing walls instead. He said he would like the Board to support the removal of the piers. Vice -Chairman Morgan pointed out that there appears to be bars over the sidelight windows on the north elevation. Mr. Marsh said it is grillwork. In addition, Mr. Marsh stated that the grey roof tile which was originally presented to the Board may be revised to add mottling to the grey. Chairman Ganger said the Board is in the process of looking at the section of the Code that addresses roof tile and, therefore, the Board will definitely need to review any revisions in that regard. Mr. Marsh said he will come back to the Board with the actual tile, saying that it will be closer to the roof tile used in Ocean Ridge. Mr. Thrasher said, for the record, this went to Urban Design for calculations in two areas. The first was the FAR, and their response indicated that a variance would be required to exceed the FAR. In discussing the matter, Mark Marsh and Marty Minor worked it out and the plan was modified to conform to the FAR. He said the second area was the calculations of percentage of second story to first story, which seemed to be a bit massive with a 26% increase. Mr. Thrasher said Staff was trying to accommodate Mr. Marsh, but if he had more time for review he would have commented that the house as presented appears to be massive and not in context with the neighborhood. In closing, Mr. Thrasher stated that the FAR now conforms and the second story coverage has always conformed. Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 6 Mr. Marsh explained that Marty Minor said the square footage and FAR did not correlate with their calculations. He said the ground floor has a brick veneer on concrete block and the owner could not decide whether to keep the brick and stucco over the brick or remove the brick and stucco over standard concrete block. Mr. Marsh said he took calculations to the outside face of the brick, which created the FAR situation. He said the owner has decided to keep the brick and stucco over it. He said with regard to the other issue, the house has water on two sides, it is set back far from the edge of the water, they are 60 feet from the road at any point and they are 57% uncovered. Vice -Chairman Morgan said he had the same impression as Mr. Thrasher when reviewing the plans because there seemed to be massing on the north side when changing this property. He said the previous drawing had symmetry and now, with the ancillary wing and the elevated garage on the northwest side, the elevations caught his attention. Mr. Marsh said his presentations are always in 3D because it shows mass and imbalance. Vice -Chairman Morgan moved and Mr. Smith seconded to approve the revised renovations of 554 Palm Way to permit the elimination of a 2 -story garage with storage/guest room and to permit the addition of a second - story above the existing garage for a storage/guest room, the elimination of the chimneys, the elimination of piers as submitted, with additional drawings to come, and with submission of the adjustment of the color and texture of roof tile. There was no further discussion. All voted AYE. The ARPB Meeting was recessed at 9:30 A.M. to review a letter from Vice - Chairman Morgan addressed to the ARPB regarding changes to Article II of the Gulf Stream Design Manual/Single Family Districts, Art.II, Section 70; and, to review the Memorandum from Marty Minor of Urban Design Kilday Studios addressed to William Thrasher regarding subdivision analysis. The Meeting reconvened at 9:40 A.M. 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 Chairman Ganger suggested beginning with items having zoning in progress. Mr. Randolph explained that zoning in progress is in place on any item being considered for change by the Board, such as subdivisions, lot dimensions and any item under study, whether it was discussed at a previous meeting or during this meeting and it is reflected in the Meeting Minutes. Chairman Ganger asked for Mr. Randolph's insight, specifically concerning subdivisions because case law is cited, and Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 7 Vice -Chairman Morgan asked Mr. Randolph to go over the Memorandum from Urban Design while it is still fresh. Chairman Ganger said the Commission is expecting the recommendations from the ARPB and he said when the State and Treasure Coast Regional Planning Counsel comments concerning the amended changes to the Comp Plan are received, there should be one change to the Comp Plan and one change to the Code at the same time. Mr. Randolph said, per the request of the Board, Mr. Minor included a list of lots in his Memorandum which may be subject to subdivision in the future. He said Mr. Minor also took note that the County has a provision regarding Coastal High Hazard Areas which indicates that no increase in density or subdivision should be included in Coastal High Hazard Areas. Mr. Randolph said he sent Mr. Minor a copy of Tequesta's Ordinance in that regard, which may no longer exist, showing that other communities had something in place which was similar to Palm Beach County in that respect. He said Mr. Minor looked at subdivision codes from other municipalities and saw that some are more complete than Gulf Stream Code. Mr. Randolph said the Board is not in a position to finalize anything today; however, he said suggestions, recommendations and proposed criteria included in Mr. Minor's Memorandum are worthy of continued study and consideration. Mr. Randolph said the Board may not implement all of the criteria, but he said one of the most specific proposed criteria provides that a subdivision shall be in character with other lots within 500 feet in any direction of the subdivision. He recommended that the Board ask Mr. Minor to continue with the study and come back with his presentation. Mr. Randolph said Mr. Minor pointed out the Burt Harris Act which was adopted about 15 years ago. He said any regulation in effect prior to the Burt Harris Act is not subject to the Act, but any regulation adopted subsequent to the Act would be subject to it. Mr. Randolph said the Burt Harris Act provides that if persons having reasonable investment -back expectations in a property at the time of purchase and regulations are imposed subsequent to the Act which could diminish their reasonable investment -back expectations and their property is diminished in value, the entity imposing those regulations may be subject to the provisions of the Burt Harris Act and may be responsible to pay the difference incurred as a result of the regulation. He said communities should not fear the Burt Harris Act, but should consider it in their planning process. Mr. Randolph said when the Commission is determining whether to put new regulations in place they should give consideration to how the Act will impact those regulations. Mr. Randolph was asked, if a change had been made by the Board with respect to subdivisions prior to the Spence matter that would have potentially restricted the purchaser to the use of that property, would the next step have been some form of appraisal. Mr. Randolph confirmed that and said it would only relate to the regulations that were imposed subsequent to Burt Harris. He said the reasonable investment -back expectations would have applied to the prior owner of the property and, if they wanted to sell to a developer and regulations were imposed prior Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 8 to their sale they would have had a cause of action and the next step would be to get an appraisal. The appraiser could say that, as a result of the regulations put in place, the property has diminished in value at "X" amount, which would present an opportunity for mediation between the Town and the property owner to come to an agreement. If an agreement is not reached, the property owner could go to court. Mr. Randolph was asked if existing Code predates Burt Harris and he confirmed that saying most of the Code was in place prior to Burt Harris and there have been substantive changes, but none that would invoke the Burt Harris Act. He said if regulations in Section 70-4 allowed the Town to give consideration to the size of surrounding lots when determining whether or not a subdivision could be approved, he believes those regulations were in effect prior to Burt Harris. Mr. Randolph said the concern should be with any future amendments made to the Code that could invoke Burt Harris. Mr. Randolph was asked, what if in five years from now someone wants to subdivide and states they were not aware of the impact on the value of their property five years ago, but they are now. Mr. Randolph said that question went unresolved in the courts for a long time because they questioned whether or not the year runs from the time of the imposition of the code or from the imposition of the regulation on their property. He said he would look into that for clarification. Mr. Randolph was asked if there was anything in the proposed criteria that does not already exist in the Code which could invoke Burt Harris, and if there is a stipulation in the Code with regard to the 500 -foot rule. In response, Mr. Randolph said the 500 -foot rule does not currently exist in the Code, unless we can determine that Section 70-4 is similar, and he said that would have been the one criteria proposal he would have pointed out in Mr. Minor's list that could invoke Burt Harris. Mr. Randolph said the other criteria are very general, almost implying "shall protect the character of the Town." He said, if put into place it would not change the current state of the law as it relates to subdivisions and it would not invoke Burt Harris, but neither does it provide a tool to allow the Town to turn down a subdivision. Mr. Randolph summarized the other criteria saying Bullets #3 and #4 are similar and Bullets #5 through #9 are implied in existing language of the Code. Chairman Ganger asked if the 500 -foot rule is appropriate and has it been tested. Mr. Randolph said he has discussed this with Marty Minor and he needs to do some research in other codes with regard to the 500 - foot rule. Vice -Chairman Morgan said the point of his letter was to show that the 500 -foot rule is already in the Code and, with regard to the Spence Property, the Board may have considered this and felt that the property was not inconsistent with the character of the Town. Mr. Randolph said there are no decisions being made today and he encouraged the Board to not act too quickly in putting new language in place. He said as these matters are being studied, the Town Manager cannot grant building permits until the study is complete. Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 9 Vice -Chairman Morgan asked if there are State Laws that may be in conflict with what the Board is trying to accomplish. Mr. Randolph said there is specific case law with regard to subdivisions, one in particular which provides that as long as a subdivision application is in conformity with all of the lot, yard and bulk regulations within a zoning district, the municipality has no discretion as to whether or not they can turn it down. He said he would like to study Chapter 163 which addresses Coastal High Hazard Areas and examine that with regard to the Burt Harris Act. He will look for language putting people purchasing property on notice that if they are in a Coastal High Hazard Area the municipality may have a right to restrict further density and subdivision within that district. Mr. Randolph said that, although the Town may not have that language in effect, if Chapter 163 gives notice to people purchasing property that such restrictions may go into effect in a Coastal High Hazard Area it may be a defense for Burt Harris if the Town is ever in a position to defend itself. Chairman Ganger said the State has removed that policy and the County has chosen to maintain it and, therefore, DCA will not be looking at this, but it may come back. He said we are a municipality within a county that has this policy and we should lean heavily on it. Mr. Randolph said if the Board feels any of Mr. Minor's recommendations are worthy of study, the Board should ask him to continue and come back with his findings. He said there may be an opportunity for the Board to include provisions beyond lot size when giving consideration to subdivision. Mr. Randolph said there is more than lot size included in the current Code, such as road width, easements and lot frontages and, after reviewing Mr. Minor's findings and further case law, the Board may find one or two items that would be helpful or find nothing further to impose. Mr. Randolph said it may be necessary to have a study of what the actual lot sizes are of all homes within a particular district as opposed to what the Zoning Code calls for and we may find that most of the lots are larger than the minimum lot size in the Code. If that is so, it would be justification to increase minimum lot size. If it shows that they are all as set forth in the Code, it would be difficult to select certain areas in a zoning district to increase lot size. When asked if it would invoke Burt Harris if lot size is increased, Mr. Randolph confirmed that, but he said it would depend on how much the lot size was increased. Chairman Ganger used the empty lot recently annexed into Gulf Stream as an example and Mr. Randolph said that different laws may come into play. He said State Law says that the zoning applicable in the County will apply until rezoned by the Town. Chairman Ganger said there are 24 lots that have the potential for subdivision and asked if it is worth the effort to seek opportunities to maintain the scale of the community. He said citizens of the community do not want to see massive subdivisions, which is why we are addressing the matter. Mr. Randolph said Mr. Minor has provided the information requested by the Board and, if the Board feels that the report is dramatic enough to impose further regulations he suggests that Mr. Minor continue a study of the items he proposed from the standpoint of specific regulations and the Coastal High Hazard Areas. Clerk Taylor Regular Meeting and Public Hearing - January 26, 2012 Architectural Review and Planning Board Page 10 said she has a question concerning the lots Mr. Minor chose and believes it is strictly by lot size. She said the beachfront requires that frontage be 150 feet and she is not sure this was taken into consideration when counting the lots that could be divided. Clerk Taylor said some of the lots include canals and they should not be counted. Chairman Ganger asked Mr. Minor to be more specific with lots and land mass and to tighten the language. Mr. Randolph said it seems as though the Board would like the study to continue with regard to lot size and dimensions and with regard to subdivisions, to include the various items discussed today, such as Coastal High Hazard Area and some of the proposed criteria. He recommended that the Board make a motion to authorize the Consultant to move forward with a study of all of the items considered today, specifically those items which were included in the Consultant's January 25, 2012 Memorandum, the Coastal High Hazard Area, lot size and dimensions and subdivision viability. Vice -Chairman Morgan moved and Mr. Smith seconded to authorize Urban Design Kilday Studios to continue their study and subdivision analysis, following up on issues raised in their January 25, 2012 Report and issues discussed at this meeting, specifically looking at lot size and subdivision viability, Coastal High Hazard Area and how it may impact any decision by the Architectural Review and Planning Board and the Town Commission, and other legal ramifications. There was no further discussion. All voted AYE. IX. Items by Board Members. Mr. Lyons asked if Gulf Stream would be addressing the transient housing issue. Chairman Ganger said it is not the Town's jurisdiction; however, he said the City of Delray Beach Commission will consider changes in their regulations relating to transient housing as early as February 7, 2012 or as late as February 21, 2012. X. Public. There were no items by the Public. XI. Adjournment. Mr. Smith moved and Vice -Chairman Morgan seconded to adjourn the Meeting. The Meeting was adjourned at 10:35 A.M. Gail C. Abbale Administrative Assistant Potential Code Changes; 2012 1. 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 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 �� � ji � � & & & E \ () r _ ..1 ct > �� W �� 0 C    �� �% K | | / �% � �� � ` �� k 2 � | | �%�� | ��| � �� `| ������� !� ,. | �%,�� | |wf WON �� �� �� W �� 0 �� � ji � � & & & E \ () r _ ..1 ct > �� 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