HomeMy Public PortalAboutARPB 12 27 2012 w/backupCHAIRMAN:
VICE CHAIRMAN:
BOARD MEMBER:
ALTERNATE MEMBER:
Scott Morgan
Amanda Jones
Paul A. Lyons, Jr.
Thomas Smith
Malcolm Murphy
Ann Kasten Aker
George Delafieled, Jr.
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE
REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM,
THURSDAY, DECEMBER 27, 2012 AT 8:30 A.M., IN THE TOWN
ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
II. Roll Call.
III. Minutes.
A. Regular Meeting &
B. Joint Meeting with
A(;RN_)A
December 20, 2012
ARCHITECTURAL
FLORIDA ON
HALL, 100 SEA
Public Hearing of 10-25-12.
Twn. Commission of 12-14-12.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. January 24, 2013 @ 8:30 A.M.
b. February 28, 2013 @ 8:30 A.M.
c. March 28, 2013 @ 8:30 A.M.
d. April 25, 2013 @ 8:30 A.M.
e. May 23, 2013 @ 8:30 A.M.
f. June 27, 2013 @ 8:30 A.M.
VI. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Quinn Miklos, Miklos & Asssoc.
as Agent for Gerald & Sharon Clippinger, the owners of
property located at 2538 Avenue Au Soleil, Gulf Stream,
Florida, which is legally described as Lot 48 Place Au
Soleil Subdivision.
a. SPECIAL EXCEPTION to permit the extension of an
existing non -conforming wall that encroaches 4.2
feet into the required 15 foot south side setback.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
additions consisting of bathroom, covered entry and
additional living area, a net total of 716.6 square
feet, to the existing one-story single family
dwelling and an exterior renovation to smooth stucco
with the addition of quoins on the corners. A new
brick driveway will also be a part of the
renovations.
2. An Application submitted by Rene Tercilla, Tercilla
Courtemanche Architects, Inc. as agent for The Gulf Stream
School Foundation, Inc., owners of property located at
3600 Gulf Stream Road, Gulf Stream, Florida, legally
described as a parcel of land lying in Section 3, Township
46 South, Range 43 East, Palm Beach County, Florida.
a. VARIANCE #1 to allow an increase in total floor area
that will exceed the 61,737 square feet allowed in
the existing Developer's Agreement by 1,617 square
feet.
AGENDA CONTINUED
b. VARIANCE #2 to permit an increase of 11,765 square
feet over the 6,000 square feet permitted for the
second floor area in the existing Developer's
Agreement.
C. DEMOLITION to demolish the existing one story
pavilion consisting of 1,681 square feet.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to replace
and enlarge the first floor pavilion and add three
second floor classrooms, an interior corridor and an
exterior covered walkway and stairs, a total of
4,1875 square feet.
3. An application submitted by Peter Carney as agent for
James and Beverly Kolea, owners of property located at
960 Orchid Lane, Gulf Stream, Florida, legally described
as Lot 83, Place Au Soleil Subdivision, Gulf Stream,
Florida.
a. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW to construct
a rear portico and a new front entrance to the
existing one-story, single family Bermuda/British
Colonial style dwelling, additions of 403 square
feet.
4. An application submitted by James Boyce of OK Seahorse
LLLP as agent for OK Seahorse LLLP, owners of the
property located at 4001 N. Ocean Blvd., Gulf Stream
Florida, which is legally described in metes and bounds
in Sec. 34, Township 45 South, Range 43 East in Palm
Beach County.
a. DEMOLITION PERMIT to demolish the existing southern
most dune crossover.
b. SPECIAL EXCEPTION to permit the relocation and
reconstruction of the existing southern most dune
crossover to a location that is 15 feet north of
the south property line at the above address
C. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to rebuild
the southern most dune crossover in a new location
that is 15 feet north of the south property line of
4001 N. Ocean Blvd. That will be the same size as
the existing structure.
VII. Items by Staff.
VIII. Items by Board Members.
IX. Public.
X. 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, OCTOBER 25, 2012 AT 8:30 A.M., IN THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order.
8:35 A.M.
II. Roll Call.
Present and
Participating
Absent w/Notice
Also Present and
Participating
Chairman Morgan called the Meeting to order at
Scott Morgan
Amanda Jones
Malcolm Murphy
Paul Lyons
Beau Delafield
Tom Smith
Ann Aker
William Thrasher
Rita Taylor
John Randolph
Hope Calhoun, Esq. of
Greenspoon, Marter
Tom Laudani of Seaside
Builders
Richard Jones of
Jones Architects
Dave Bodker of
Dave Bodker Landscape
& Architecture
Joe Pike of
EnviroDesign
Martin O'Boyle, Res.
George Elmore, Res.
Bill Himmelrich, Res.
Lisa Morgan, Res.
Ben Schrier of
Affinity Architects
Chairman
Vice -Chairman
Board Member
Board Member
Alt. Member sitting
As Board Member
Board Member
Alt. Member
Town Manager
Town Clerk
Town Attorney
Rep. Applic./Developer
Tom Laudani
Applic./Developer
Architect/Harbour View
Landscape Architect/
Harbour View
Engineer/Harbour View
2300 N. Hidden
Harbour Dr.
1320 N. Ocean Blvd.
N. Ocean Blvd.
1140 N. Ocean Blvd.
Arch./3333 N. Ocean
Joe Peterson of Landscape
Peterson Design Prof. 3333 N.
Guy Flora of GC/3333 N
Mark Timothy Construction
Architect/
Ocean
Ocean
Tom Murphy, Esq. Rep. Audrey Schwartz
Audrey Schwartz, Res. 3265 N. Ocean Blvd.
III. Minutes of the Regular Meeting and Public Hearing of 9-27-12.
Mr. Murphy moved and Vice -Chairman Jones seconded to approve the Minutes
of the Regular Meeting and Public Hearing of September 27, 2012. There
was no discussion. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher requested to re -arrange the Public Hearing Agenda to be
heard as follows: Item VI.A.2.b., VI.A.3.b., VI.A.l.a., 2.a., 3.a.,
Item VI.4.a.,b.,c.,d. There were no objections. Chairman Morgan noted
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 2
that Tom Murphy, Esq., is involved in Item VI.4 and has to be in court
this morning. He said, depending on how the meeting goes, Mr. Murphy
may be taken out of turn to make his presentation.
V. Announcements.
A. Meeting Dates
1. Regular Meeting & Public Hearing
a. November 15, 2012 at 8:30 A.M.
b. December 27, 2012 @ 8:30 A.M.
c. January 24, 2013 @ 6:30 A.M.
d. February 28, 2013 @ 8:30 A.M.
e. March 28, 2013 @ 8:30 A.M.
f. April 25, 2013 @ 8:30 A.M.
Chairman Morgan noted that the November Meeting will
the month and asked if anyone had a conflict. There
with the Meeting Dates.
be held early in
were no conflicts
VI. PUBLIC HEARING.
Chairman Morgan asked if there was Ex -parte communication concerning any
of the items being heard today. Mr. Morgan stated that he spoke with
Mr. Laudani last week regarding some of the matters discussed at the
previous meeting explaining why items were deferred to this meeting.
There were no further declarations of Ex -parte communication.
Clerk Taylor administered the Oath to the following individuals who were
planning to testify during this Public Hearing: Hope Calhoun, Esq., Tom
Laudani, Richard Jones, Dave Bodker, Joe Pike, Bill Himmelrich, George
Elmore, Martin O'Boyle, Tom Murphy, Esq., Audrey Schwartz, Lisa Morgan,
Ben Schrier, Joe Peterson and Guy Flora.
Hope Calhoun, Esq., introduced herself and said she is present on behalf
of the Applicant. She thanked the ARPB for their consideration and said
they have gone through many drafts working with Town Staff and they
believe the application has satisfied all architectural requirements.
Ms. Calhoun stated that, due to possible time constraints, all testimony
should be focused primarily on architectural review and then the
overlay. She said issues of the plat were heard previously and are not
necessarily relevant today. Ms. Calhoun requested the opportunity to
re -address the Board following the presentation to respond to any
questions or comments.
A. Applications for Development Approval
2. An application, deferred from Public Hearing held
September 27, 2012, submitted by Seaside Builders LLC as
agent for Harbor View Estates LLC, owners of property
located at 1220 North Ocean Boulevard, Gulf Stream,
Florida, legally described as Lot 4, Hidden Harbour
Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course
Addition according to the plat thereof as recorded in
Plat Book 15, Pages 173 & 174, Public Records of Palm
Beach County, Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the
removal of existing nuisance exotics and extensive
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 3
planting of native species and the installation of
an entrance wall and gates, a portion of which is
within the 50' corridor.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
the construction of a partial two-story Bermuda
style single family dwelling, 3 car garage with
bonus room above, 8,603 square feet, and a swimming
pool.
Richard Jones introduced himself and thanked the Board for recommending
approval of Lot 3 and said it did go through the Commission and received
approval. He said they received good comments from the ARPB at the last
meeting relating to the Town's new ordinance addressing two-story mass
and the appropriate methods of addressing the issue.
Mr. Jones said the proposed 2 -story Bermuda Style structure will sit on
the southeast lot. He said they addressed the issue of mass by breaking
down the house into various portions interconnected by covered roofs,
and they created courtyards to capture outdoor space. He said the color
scheme is the traditional off-white with black shutters and white
mitered roof. To address mass on the second floor, two balconies were
added on the south elevation facing the private road and one on the
north elevation facing another lot, all of which are a minimum of 24 SF
and consistent with the two proposed balconies on the east elevation.
In addition, they did overlays of the existing landscape and Mr. Jones
said Dave Bodker created elevations showing the existing 15' no -cut zone
landscaping as well as the proposed new landscaping, which will screen
the entire south elevation of the home and provide ample screening on
the north, east and west elevations as well.
Mr. Jones said that Dave Bodker will review the proposed landscaping,
Joe Pike will address any drainage questions, and the Developer, Tom
Laudani, will any questions. Chairman Morgan asked what the distance
will be from AlA to the gate and then to the house. Mr. Jones said it
will be 50 feet to the gate and 98'9" feet to the house. Chairman
Morgan asked if the additional balconies are identical and asked for
their depth. Mr. Jones said they are identical and they are 4' deep by
6' wide, 24 SF. Chairman Morgan asked if the addition of the balconies
meets Code. Mr. Thrasher confirmed that saying Section 70-73, Two-
story, provides four options that can be used to break massing of the
fagade and one option is the use of balconies that are a minimum of 24
SF.
Dave Bodker introduced himself. He said they depicted the proposed and
existing vegetation to show how all elevations will be seen from
different property lines. Mr. Bodker said there are 19 existing trees
along the south property line which will remain and any gaps will be
filled in with Buttonwood trees or Fishtail palms, and a series of under
plantings with various hedging. On the north elevation which faces the
interior, they will plant tall Sable palms at higher elevations of the
house and smaller trees throughout. The west elevation will also be
seen from the interior and shade trees will be planted in several
locations to break up the garage. The east elevation will be seen from
AIA, there are a large number of existing trees along the east elevation
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 4
that will be filled in with additional plantings and there will be
additional vegetation on the north side of the entrance gate to provide
sufficient screening.
With regard to the wall on the south elevation as you drive down Hidden
Harbour Road, Mr. Lyons asked if existing vegetation will block the wall
on the south elevation. Mr. Bodker said they have already planted a 5'
high Buttonwood hedge along the wall which will eventually block the
wall, and he said there is also hedging on the top of the wall and along
the interior of the wall.
George Elmore introduced himself and questioned the Minutes of the
9/27/12 ARPB Meeting where on Page 4, Paragraph 2, it says Mr.
Himmelrich is happy with the drainage and there are no issues. Mr.
Elmore the drainage system works, but he said there are issues if it is
not properly maintained everyone in the 1300s will be flooded and it
must be resolved. He said Mr. Laudani is working on it and informed him
that documents were sent to his attorney, but they have not been
received. Chairman Morgan noted that this was covered in the last
meeting and the conclusion was that it should be brought to the
Commission for further pursuit. He said Staff will make record of Mr.
Elmore's comments in the Minutes of this meeting. Ms. Calhoun confirmed
that documents were sent to Mr. Elmore's attorney about two weeks ago.
Lisa Morgan introduced herself and said she would like to address
landscape issues exclusively and asked if the Board would hear her
presentation at this time or wait until after the building has been
addressed. Chairman Morgan said they will address the buildings and the
immediate landscape designs first. He said there is a separate
application for the overlay permit with the Australian Pines, which will
be addressed separately at the conclusion of the building. Mr. Thrasher
said there are two actions to be taken, one of which is on Level III and
the other is a portion of this property abutting N. Ocean Blvd. where
there is request for the creation of a clear zone on the east side.
Chairman Morgan recommended addressing all questions on building and
then move into the Overlay Permit.
Vice -Chairman Jones commented that she really liked the addition of the
balconies, which improves all facades of the building. Martin O'Boyle
introduced himself and asked if there is a requirement under the Code
for positive Drainage. Mr. Thrasher said the requirement is for the
individual lots and properties to retain the first 1" of runoff on their
site by either positive outfall or exfiltration trenches, or a
combination of both. He said Delray Engineering will be verifying that,
but he said the requirement is not restrictive to just positive outfall.
Mr. O'Boyle agreed saying there are two alternatives, positive outfall
and retention, and asked if runoff will be retained on site. Mr.
Laudani asked Mr. Pike to answer the question and Ms. Calhoun stated
that Mr. Pike can answer the question generally because drainage is not
before the Board today. She said drainage issues were handled with
respect to the plat during a previous hearing. Chairman Morgan said
much of this was covered at the last meeting, but he said it involves
our Code, which relates to ARPB activity. He asked Mr. O'Boyle to make
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 5
his points so they are of record and then Mr. Pike may give a brief
response; however, he said it may or may not impact the Board's decision
today.
Mr. O'Boyle asked Mr. Pike if the drainage required under the Code is
positive or retained on site. Further, Mr. O'Boyle said there is no
positive drainage, the drainage system installed is hooked into the
drainage of Hidden Harbour Estates, and he said there is a declaration
of record prohibiting any modification without agreement of the property
owners. He expressed concern for the new homeowners who may later find
out they have no rights, and he said, after what Mr. Elmore and Mr.
Himmelrich experienced, he does not believe there is positive drainage
and they should take a closer look. Mr. O'Boyle said the ARPB is
obligated to protect homeowners and he asked if anyone present could
show they have positive drainage.
Mr. O'Boyle mentioned three large signs on the property between his home
and the property previously owned by Mr. Wheeler property that were
erected by the Developer and are prohibited. Chairman Morgan said the
issue of signs should be brought to the Town Manager. He said the point
raised with regard to drainage is legitimate and it should be brought
before the Town Commission. Mr. Randolph said it is relevant to the
ARPB that the first 1" of rainfall is retained on the property because
it deals with individual lots, and he said Mr. Pike may want to address
that. Mr. Pike introduced himself and said that legal positive outfall
and outside retention meet the requirements of the City of Delray Beach,
South Florida Water Management District (SFWMD), the Town of Gulf
Stream's Engineering Consultant and two independent drainage engineers
hired by the neighbors. He said there is a series of on-site collection
inlets and two positive outfall pipes to the Intracoastal, which is
State water. Mr. Pike said Hidden Harbour has a drainage easement, but
they tied directly into the waters of the State. He said they are
working on a maintenance and inspection schedule and have covered
everything required by law and then some.
Mr. Himmelrich introduced himself and stated that he did tell Mr.
Laudani the system is working, but he said his concern is whether it
will continue to work. He said there is an agreement between the
neighbors and the Developer and he is concerned about the Developer
honoring the agreement with regard to drainage, landscaping or any other
issue. Mr. Himmelrich said he discussed this with the Town Manager and
the general response is that it is not a matter of the Town, but rather
a civil matter. He said he would like to go on record saying that if
the Town approves any changes in the buffer it would specifically
contradict the agreement the neighbors have with the Developer because
the buffer is outlined with measurements. Mr. Himmelrich said he
disagrees with Mr. Pike in that the drainage they installed was not set
forth to the neighbors prior to installation. He said they are
satisfied the system is currently working, but it was not approved as it
was supposed to have been done according to the agreement. He said it
may be seen as a civil matter and not a matter of the ARPB or the
Commission, but it is important to know that the agreement between the
neighbors and the Developer is in place.
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 6
Tom Laudani introduced himself and said he would like to address Mr.
Himmelrich's comments. He said his attorneys supplied Mr. Elmore's and
Mr. Himmelrich's attorney with a draft of the drainage agreement for
maintenance two weeks ago. He said he signed a private maintenance
agreement with Centerline Utilities for semi-annual maintenance of the
system due to concerns of drains clogging with leaves, etc., and he said
he will continue to work with Mr. Himmelrich and Mr. Elmore to satisfy
their concerns of drainage system maintenance. In addition, Mr. Laudani
said the signs that are in place were approved by the Town in terms of
location prior to their installation.
Chairman Morgan suggested moving on with the architectural review of Lot
4, and he said the next point in the application is the Town's
requirement of planting Australian Pines. Mr. Thrasher asked that the
Board take action on the Level III at this point due to some concerns
regarding the clear zone. To clarify, Mr. Randolph asked Mr. Thrasher
if he is suggesting all matters relating to the clear zone come at the
end of the Agenda and that the Board vote on the Level III first. Mr.
Thrasher confirmed that. Chairman Morgan said the Level III relates
strictly to the architectural plan before the Board and the immediate
landscaping of the structure.
Mr. Lyons moved and Mr. Murphy seconded to recommend approval of Level
III Architectural/Site Plan based on a finding that the proposed partial
two story single family Bermuda Style dwelling, a 3 -car garage with a
bonus room, a total of 8,603 SF, and a swimming pool meet the minimum
intent of the Design Manual and applicable review standards with the
following conditions:
1. The electric service lines shall be buried.
2. The roof shall be white (through and through) un -textured,
uncoated flat cement tile.
3. Any minor modification in the landscape plan shall be
submitted to the Town Manager for review and approval and any major
modifications shall be brought back to the ARPB for review and approval,
prior to commencement of landscaping.
4. Wall and/or fences will be measured from the lowest abutting
grade with a maximum height of 8' including any lighting fixtures that
may be attached.
5. All chain link fencing will be screened from neighbor's view.
There was no discussion. All voted AYE.
3. An application, deferred from Public Hearing of
September 27, 2012, submitted by Seaside Builders as
agent for Harbor View Estates LLC, owners of property
located at 1230 N. Ocean Blvd., Gulf Stream, Florida,
legally described as Lot 6, Hidden Harbour Estates Plat
Two, being a re -plat of Lots 4, 5 & 6, Golf Course
Addition, Gulf Stream, Florida.
a. NORTH OCEAN BLVD. OVERLAY PRMIT to allow removal of
existing nuisance exotics providing for a 13'
clear zone from the edge of roadway and extensive
planting of native species and installation of a
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 7
6'high aluminum rail fence 12' west of the east
property line that will be screened with landscape
material.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of an 8,857 square foot Colonial West
Indies style partial two-story, single family
dwelling, attached 2 car garage with 6' high walls
and fences screened with landscape material around
the property, and a swimming pool.
Ms. Calhoun said their Architect will present the architectural features
of this home and reminded the Board that all non -related issues should
be considered, but that the focus remains on what is before them. She
requested time to re -address the Board at the conclusion of this
presentation to respond to any questions or comments.
Mr. Jones said this particular home is under contract, and he described
the proposed structure as a long and narrow Colonial West Indies Style,
changing mass from one-story to two-story with a garage connected by a
loggia and a carriage house above. He said they contacted Marty Minor
of Urban Design Kilday Studios and Mr. Minor corresponded by letter with
his interpretation of the Code regarding two-story mass. Mr. Jones said
the Code provides options to address second -story mass, one of which
allows the applicant to propose an alternative in the event the other
options are not consistent with the architectural style. He said they
are proposing an alternative that is consistent with the Colonial West
Indies style. Mr. Jones explained that the second story will be a
different color and will have a clapboard -look siding, and the roof will
be a gray flat slate -look tile with mitered ridges. Mr. Jones said at
the last meeting Vice -Chairman Jones commented on the half-moon window
and felt it was not consistent with the architectural style, and he said
they are now proposing an alternative half-moon window with a flatter
arch.
Mr. Jones summarized the landscape overlay saying they presented the
existing 15' no -cut zone landscaping with the proposed additional
landscaping. He said you will barely see the home on the north
elevation, the south elevation is internal to the community and you will
see a mix of landscape and architecture, and the east and west
elevations are the same. Chairman Morgan said the wall along the north
elevation appears to be uneven. Mr. Bodker said it is existing
vegetation which is up to 18 feet high, and he said there is a gap where
the drainage Swale to the catch basin goes through where they are
proposing new trees of about 20 feet high to plank the swale and to
block the house. Mr. Lyons asked if the gap along the north elevation
will be closed. Mr. Bodker said there is an easement there, but he said
the proposed additional plantings will eventually close the gap.
Chairman Morgan asked if the Board Members had questions or comments.
Vice -Chairman Jones said she likes the flatter -arched design of the
half-moon window. Mr. Lyons expressed concern about possible loss of
existing vegetation and vegetation put in place to screen architecture
in both the buffer zone and throughout individual lots. He said he
would like to have something put in place to enforce replacement to
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 8
maintain the approved landscape plan. Mr. Himmelrich stated that he
lives very close to the property and expressed similar concerns with
regard to open spaces and gaps in the landscaping. Mr. Laudani and Mr.
Bodker assured the Board and Mr. Himmelrich that there will be
sufficient landscaping for screening and it will be maintained in the
future. Mrs. Morgan requested that the ARPB make a specific
recommendation to the Commission concerning maintenance of the buffer
around the entire development.
During this discussion concerning the protection and maintenance of
existing and new vegetation both in the buffer area and throughout the
property, it was suggested that a landscape agreement could be put in
place or deed restrictions applied to individual lots. Mr. Randolph
said he would work with the Applicant's attorney, Mark Grant, to put
documentation together.
Mr. Murphy moved to recommend approval of Level III Architectural/Site
Plan based on a finding that the proposed partial two-story single
family 8,857 SF Colonial West Indies style dwelling, attached 2 -car
garage, with 6' walls and fences, screened with landscape material
around the property and a swimming pool meet the minimum intent of the
Design Manual and applicable review standards with the following
conditions:
1. Replace the two half-moon windows as shown on the north and south
elevations with the proposed alternative design as presented.
2. The electric service lines shall be buried;
3. Any minor modifications in the landscape plan shall be submitted to
the Town Manager for review and approval and any major modifications
shall be brought back to the ARPB for review and approval, prior to
commencement of landscaping;
4. Wall and/or fences will be measured from the lowest abutting grade
with a maximum height of 6' including any lighting fixtures that may be
attached;
5. All chain link fencing will be screened from neighbor's view; and,
6. A recommendation to the Town Commission to set a condition through
documents and provisions that the landscaping in the buffer areas as
prescribed in the landscape plan is maintained.
Mr. Randolph asked the Board if they are satisfied with the landscape
plan as presented and that it provides the necessary buffer. Chairman
Morgan and Mr. Thrasher said they are not satisfied. Chairman Morgan
suggested including a recommendation of a deed restriction to the lots,
to be incorporated in both the homeowners' association agreement and
also in the individual property deeds, that the buffer property as
defined in the landscape plan be maintained at the homeowners expense,
that the lot foliage abounding each individual lot be maintained at that
individual homeowners expense, and that it be subject to approval and
supervision by the Town. Ms. Calhoun asked if the recommendation could
be for appropriate documentation determined by Attorneys Randolph and
Grant as opposed to a deed restriction. Mr. Randolph asked the Board if
they are saying they approve the landscaping and want it to be
maintained in the future and, if so, is the Board satisfied that the
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 9
landscaping as shown does create a screen along the road to the abutting
properties. Chairman Morgan said he does not see that on the plan, but
he said there is a representation that it will create the buffer and he
will accept the representation and turn it over to the Town to enforce
it. Mr. Randolph explained that the deed restriction would apply to the
properties themselves and provide a restriction so that the purchaser
would be aware of their obligation to maintain a site screen along the
boundary of their property in perpetuity.
Chairman Morgan said this recommendation to the Commission should apply
to all the properties and all applicable landscaping and buffer zonings,
not just Lot 6, and it would be the entire responsibility of the
homeowners' association. Mr. Murphy asked if the ARPB could make a
recommendation that the condition to maintain the landscaping is by way
of documents and provisions to be determined in discussion between
Attorneys Randolph and Grant. Mr. Randolph said it requires a strong
recommendation to the Commission saying that their approval is subject
to there being binding provisions in place that will assure the buffer
will be maintained into the future. Mr. Himmelrich commented that the
site screen language is important because they have already agreed to
the buffer, but he said it is important that they agree to maintain what
the Board is approving from the drawings, which is a full screening of
80% of the structure. Chairman Morgan asked how they could make the
recommendation apply to all of the lots, since two of the lots have
already been approved without it. Mr. Randolph said he would discuss
the matter with Mr. Grant.
Mr. Murphy amended Condition 6 to read as follows:
6. A recommendation to the Commission to set a condition by way of
binding documents and provisions that the prescribed landscaping in the
landscape plan be maintained in a way to be determined through Attorney
Grant and the Town Attorney. Mr. Randolph said he would recommend
adding the Applicant's promise that there will be a site screen of
hedging or plantings that would fully screen the property. Mr. Murphy
added Condition 7, as follows:
7. The site screen as detailed in the plans which were presented to
the ARPB will be provided by the Developer to the best of his ability.
Mr. Lyons seconded the motion. There was no further discussion. All
voted AYE.
Chairman Morgan asked for a motion to incorporate the conditions made on
Lot 6 to all of the lots in the subdivision.
Mr. Delafield moved and Mr. Murphy seconded to recommend to the
Commission that the conditions imposed on Lot 6 in terms of site
screening and illustrations of the landscaping will be consistent with
all of the lots in the subdivision, including Lot 3, which has already
been approved by the Commission, and Lot 9, of which the ARPB has
recommended approval to the Commission, by way of binding documentation
and restrictions imposed by the Town Commission. Mr. Randolph said the
Board can make this recommendation to the Commission, but he said he
does not know how enforceable it will be based on the fact that there
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 10
has already been an approval by the Commission of one of the lots.
Chairman Morgan said it would be an advisory to the Commission. Mr.
Randolph stated that he will be working with Mr. Grant to come up with a
provision that holds the homeowners' association responsible for
maintaining the buffer. There was no further discussion. All voted
AYE.
Chairman Morgan asked Attorney Tom Murphy to make his presentation to
the Board. Mr. Murphy introduced himself and stated that he represents
Audrey Schwartz who resides at 3265 N. Ocean Blvd. He said Mrs.
Schwartz is looking forward to meeting her new neighbors, Mr. and Mrs.
Gillman, who have purchased the property at 3333 N. Ocean Blvd. Mr.
Murphy said Mrs. Schwartz has no objection to the proposed improvements
on the Gillman property; however, he said it is important to her that
her trees are protected during construction. He said Mrs. Schwartz
would like to have her representative present when they begin removing
trees and she is requesting a 30 -day notice of commencement of
construction. Mr. Peterson of Peterson Design Professionals, who is the
landscape architect for 3333 N. Ocean Blvd., stated that he would be
happy to provide Mrs. Schwartz with 30 days notice.
Chairman Morgan called for a short break at 10:15 A.M. The Public
Hearing continued at 10:25 A.M.
Chairman Morgan recused from this portion of the hearing because Mrs.
Morgan would be making a presentation to the Board with regard to the
existing canopy and buffer area of the subdivision. He turned the
meeting over to Vice -Chairman Jones. Mr. Randolph asked Mr. Thrasher to
give his presentation before discussion.
1. An application, deferred from Public Hearing held
September 27, 2012, that was submitted by Seaside Builders
LLC, as agent for Harbor View Estates, LLC owners of
property located at 1224 N. Ocean Blvd., Gulf Stream,
Florida, legally described as Lot 5, Hidden Harbour
Estates Plat II, Replat of Golf Course Addn. Lts 4, 5 & N
92' of Lt 6, Gulf Stream, Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow
removal of existing nuisance exotics and some native
trees providing for a 13' clear zone from edge of
roadway.
There was no application for a Level 3 Architectural Site Plan Review at
this time, only consideration of the clear zone.
Town Manager Thrasher explained that the Florida Department of
Transportation right-of-way west of the pavement on AlA is included as a
part of the North Ocean Boulevard Overlay District and as such he would
like to address this area in relation to all three lots, numbers 4, 5
and 6. Mr. Thrasher displayed a survey of the entire plat and one of
just the area along AlA and pointed out that the proposed 13' from the
edge of pavement was shaded in red pencil. He further called attention
to the fact that the west line of the 13' is almost the same as the
easterly property line of the three lots.
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 11
Mr. Thrasher advised that he had asked the developer if he would be
willing to clear this area of existing plant material, some of which is
nuisance exotic growth, sod and install irrigation in the 131so the Town
could plant Australian Pine trees in this area. He explained that the
Town had been successful in having the State declare AlA a historic and
scenic highway because of the Pine canopy and a Special Act of the State
Legislature had given Gulf Stream the authority to restore and extend
the canopy along both sides of AlA on the right-of-way, provided they
were planted beyond the clear zone. Mr. Thrasher stated that the Town
has planted over 90 additional trees since the Special Acts were
enacted. He pointed out that the clearing would not encroach into the
landscape buffer area that the developer had provided on the private
property.
Lisa Morgan, the property owner south of the development, made a
presentation with regard to the importance of the preservation of the
natural hammock and canopy along AlA, the existing vegetation at the
entrance of the subdivision and the buffer area. She said she has lived
in Gulf Stream since 1996 and she supports the Australian Pines;
however, she said not every project can be approved before considering
the properties to be affected by removing nuisance and non-native
vegetation and planting Australian Pines. Mrs. Morgan provided photos
of what exists and was particularly concerned that there is very little
existing vegetation to the south of the entrance of the subdivision and
in the buffer area. She said taking down any of the native landscaping
to make room for the Australian Pines would be a mistake. Mrs. Morgan
said if it is possible to maintain the 15' buffer and plant Australian
Pines in front of it, she would be all for it. She said she would hope
that the ARPB would recommend to the Commission that this is not the
right location to do this.
Mr. Thrasher said they are not suggesting the removal of some of the
large trees. He said at the request of the Town, the Developer's plan
is to mitigate the trees that were native and accidentally removed. He
said the DOT requirements were not as strict years ago as they are today
and he said we are obligated to the 11' clear zone. Mr. Thrasher said
it is true that a lot of the vegetation behind the hammock was removed,
but he said there will be new plantings and screenings behind that. He
said the Australian Pines do give the Town some protection with regard
to the widening of the road, adding bike lanes and/or sidewalks, since
they are somewhat protected by the Special Acts.
Mr. O'Boyle asked if there was a requirement that none of the foliage
along AlA be touched. Mr. Bodker said there is a 10' buffer. Mr.
O'Boyle said Mr. Thrasher pointed out that the DOT has control over
their property and he asked Mr. Thrasher why the DOT would come in now.
Mr. Thrasher said there is nothing preventing them from doing what they
want with property in their jurisdiction, but he said he is not implying
that they are going to do that now.
Several neighbors of the subdivision and Board Members expressed their
concern over disturbing the vegetation along AlA in this location. Mr.
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 12
Lyons said if the community does not want this he would suggest not
recommending approval. Mr. Thrasher said if this is not approved the
Developer would move on. Mr. Laudani said he is more than happy to
comply with the wishes of the neighbors, the Town and its residents.
Clerk Taylor said that it is her understanding that a motion will be
required to approve the N. Ocean Blvd. Overlay Permit with the exception
of the 13' clear zone, due to the fact the Overlay District extends an
additional 50' onto the private property.
Mr. Lyons moved and Mr. Delafield seconded to recommend approval of the
North Ocean Boulevard Overlay Permit excluding the 13' clear zone with
regard to Lots 4, 5 and 6. Mrs. Morgan asked about a fence 12' in from
the property along Hidden Harbour Rd. Clerk Taylor said the Code
mandates that any walls or fences in that zoning district facing AlA
must be 12 feet back, whereas along the Beachfront District walls and
fences can be along the property line, but she said it meets Code.
There was no further discussion. All voted AYE.
Vice Chairman Jones returned the gavel to Chairman Morgan.
4. An application submitted by Benjamin Schreier,
Affiniti Architects, as Agent for Doris J. Gillman,
the owner of property located at 3333 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described as
Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream,
Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove
existing landscape material and driveway,
install new driveway and landscaping and
construct5 foot perimeter wall with entry gate
within the North Ocean Boulevard Corridor.
b. LAND CLEARING PERMIT to relocate/clear existing
landscaping material for relocation of
driveway, preparation of building site and
property beautification.
C. DEMOLITION PERMIT to remove existing structures.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of a 9,036 square foot Colonial West
Indies style partial 2-stor single family
dwelling, 3 car attached garage and a swimming
pool.
Ben Schrier introduced himself and briefly presented the project
proposed for 3333 N. Ocean Blvd. He said the new structure will be
9,036 SF, it is a Colonial West Indies Style home with clapboard style
siding, a gray slate tile roof and brown windows. Mr. Schrier asked for
consideration of the front entry gate which was originally proposed with
an elliptical element in the center and Staff was not happy with that.
He said they are proposing an alternative design which is horizontal at
the top, but he said that Mr. and Mrs. Gillman would still like the
Board to consider the original design.
Chairman Morgan asked about shutters. Mr. Schrier said there will be
some white Bahama shutters. Chairman Morgan asked about the doorway on
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 13
the balcony above the entrance and asked if there was a purpose for the
clumping of windows. Mr. Schrier said it will bring light into the
interior. Mr. Lyons asked what the view would be from the street. Mr.
Schrier said you would only see the structure as you enter through the
driveway, but he said you would not see much from the street.
Joe Peterson, the Landscape Architect, said there will be a 6' high
privacy wall in front with trees and plantings along the wall,
throughout the interior and against the home. He said there will be
layers of shrubs in front and along the walkway, hedging along the sides
and in the back and Coconut Palms around the pool and deck. Mr.
Peterson said the existing Ficus hedge on the north elevation will be
removed and replaced with a new Ficus, and he said the existing Sea
Grapes will remain with additional plantings around them. Mr. Peterson
said that very tall Sea Grapes will be planted along the side property
lines for additional screening. He said there are some very overgrown
Sea Grapes that will be removed and replaced with much denser Sea
Grapes.
Mrs. Schwartz mentioned the privacy wall they are proposing along N.
Ocean Blvd. and was concerned about the column on her property line.
She asked if the wall would meet her column and Mr. Peterson it would be
about 4' from her column.
Mr. Lyons was concerned with protecting the neighbors to the north and
south during demolition and construction and he asked Mr. Peterson if
they were going to remove all of their vegetation immediately. Mr.
Peterson said they are only removing the cluster of Sea Grapes to the
south and the existing Ficus hedge to the north. He said the neighbors
to the north have a 6' high screen wall on their property. Mr. Peterson
said there may be some period of time when there would be openings.
Guy Flora of Mark Timothy Construction stated that he would be
responsible for the property during construction. He said the
Australian Pines will be removed immediately and they will install a
screened privacy fence, and they will put up the privacy wall in the
front as soon as possible. Chairman Morgan said Mrs. Schwartz asked for
a 30 -day notice before commencement of construction and he asked Mr.
Flora if he can do that. Mr. Flora said he can do that. Chairman
Morgan asked Mrs. Schwartz if she had any other comments. Mrs. Schwartz
said she would like them to do the screening to protect her property and
her vegetation. Mr. Flora said they would install a chain link fence
with a green shade for protection.
Chairman Morgan asked Mr. Thrasher for Staff's analysis of the roof
tile. Mr. Thrasher said it is consistent with the architectural style.
Clerk Taylor noted that the neighbor to the north was by Town Hall to
look at the plans and there were no objections.
Mr. Lyons moved and Vice -Chairman Jones seconded to recommend approval
of each of the following:
Regular Meeting and Public Hearing
Architectural Review and Planning Board - October 25, 2012 Page 14
North Ocean Boulevard Overlay Permit to allow the removal of existing
landscape material and driveway, install new driveway and landscaping
and construct a 5 foot perimeter wall with entry gate within the North
Ocean Boulevard Corridor.
Land Clearing Permit to relocate/ clear existing landscaping material
for relocation of driveway, preparation of building site and property
beautification.
Demolition Permit to remove existing structures.
Level III Architectural/Site Plan based on a finding that the proposed
construction of a 9,036 SF Colonial West Indies Style partial 20story
single family dwelling, 3 -car attached garage and a swimming pool meet
the minimum intent of the Design Manual and applicable review standards,
with the following conditions:
1. The electric service lines shall be buried.
2. Any minor modification in the landscape plan shall be
submitted to the Town Manager for review and approval and any major
modifications shall be brought back to the ARPB for review and approval,
prior to commencement of landscaping.
3. Wall and/or fences will be measured from the lowest abutting
grade with a maximum height of 8' including any lighting fixtures that
may be attached.
4. All chain link fencing will be screened from neighbor's view.
5. The landscape plan will protect existing Australian pine
trees and provide a 13' clear zone where possible allowing for the
planting by the Town of two Australian pine trees on the north of the
existing driveway entrance and up to eight on the north side of the
existing driveway.
6. Change the proposed gate design to the alternate gate design
that is less ornate. The agent has shown several gates along SR AlA,
several of which are fronting homes classified with Mediterranean style
architecture.
7. The property owner will give the neighbor to the south 30
days notice prior to commencement of construction.
There was no further discussion. All voted AYE.
VII. Items by Staff. There were no items by Staff.
VIII. Items by Board Members. There were no items by Board Members
IX. Public. There were no items by the Public.
X. Adjournment. Chairman Morgan adjourned the meeting at 11:45 A.M.
Gail C. Abbale
Administrative Assistant
/^ JTN--IC-4111,15tat 9=r-213 P.0
l 7 G 831 S Pc 6Z50
I @I Kim IN 1191flt€€!€i Irk PRE
DEVELOPER'S AGMUmn ENT
This Developers Agreement is entered into as �of this L dap
c£ r ,. be_ , 1re by and between THS TORR OF GULF STRUM
FLORIDA, hereinafter referred to as "Town" and THE GULF STRUM
SCHOOL FODRDHTIOR, INC., a Florida not-for-profit corporation,
hereinafter referred to as "School-.
WHEREAS, the Gulf Stream School located at 3600 Gulf Stream
Road, Gulf Stream, Florida is situated on a parcel of real property
(the "Premises") of apprcx mately 5.51 acres and legally described
�i in Exhibit 8 attached hereto, and
N
O
,pn WHEREAS., the School has requested that the Town approve the
n construction on the Premises of a multipurpose fieldhouse and a
m covered wakicway, the renovation of the existing auditorium and' the
demolition of the existing mainteaanee building in .order to better
provide for the needs of the students of the School, and
� o
WHEREAS, the Town has approved two variances to the School in
4 connection with said construction, specifically, a variance with
respect to adding a baildi.ng that does not replace an existing
cN w° structure and a variance with respect to the front pard setback,
m
cM
mn WHEREAS, the Tows has granted other approvals to the School as
follows: a) a Demolition Permit to demolish an existing
-N maintenance and storage building, b) a vegetation Disturbance
u
0, Permit to add a row of trees and shrubs along State Road B -1-H and
w+m m c) a Site plan Approval, end
xo
W x
o WHEREAS, this
O ,;' Exhibits are a c Agreement and Drawings attached hereto as
onditias of the above -referenced approvals of the
o co Town.
hhG
now, THEREFORE in consideration of the premises contained
herein and for other good and valuable consideration, the receipt
,°, of which is hereby acknowledged by each party to the other, and for
other good and valuable consideration, the parties agree as
u followsn
w .
1. Premises. The parties agree that the present
_
ase of tDse of the he Premie as is a nonconforming use ander the Town •a present
c zoni.ag code inasmuch as the same is zoned "R6 Single -Family
m Residential District." The parties agree that in the event the
V Premises cease to be used as a school, as defined in Item A. below,
o in the future that the same shall conform to the zoning
classification thea in effect far the Premises and that said
P: Premises shall not be subject to any other term or condition of
this Developers Agreement.
a A. Use Requirements, The School agrees to
Premises as an independent da school is accordance use the
a accreditation y rdance with the
¢ requirements of the Florida Council of
U accordance Schools or similar accreditation entity and in
a accordance with the terms of this Agreement.
N
a R. The parties agree that the use of the Premises as a
school shall be limited as follows: The maximum
students, both seasonal and full-time, that maybe entD�r of
said school at one time shall not exceed two hundred fifty
(250) students. Said students may be enrolled in grade levels
Pre -S through B. The School will geeerally be open between
the hours of 6:00 A.M. and 6:DD PR. year round. After school
.
activities will generally not be conducted past the hour of
Page 1
a31 1 P3 E.3-:7
Existing vegetation and Tree Relocation Plan and
Proposed Landscape Plan (Sheets 1 and 2,
respectively), prepared by A. Great Thornbrongh and
Associates, dated March 3, 1994 and last revised
March 9, 1994. [Exhibit I).
Building Envelope and Building setback Plan,
prepared by Gator Engineering, Inc., dated February
7, 1994, last revised March 1D, 1994 and identified
as Job No. 93-145 [Exhibit J].
3. Site Buildina Envelope. Exhibit "J" reflects broken lines
around the proposed one (1) story field house, the existing one (1)
story chapel and the existing educational facility (Envelope 1).
No buildings shall be erected or expanded outside of this Envelope.
Site Building Envelope calculations for the existing building
footprint area and for the total building footprint area (new
construction included) are reflected for Envelope 1 on Exhibit J.
In order to eliminate the need for the School to seek a
variance from the Town each time construction (in addition to the
fieldbouse and auditorium renovations) is desired in Envelope 1,
the parties agree that a variance will not be necessary for such
construction provided that (i) the Total BniI ding Area in Envelope
1 is not increased by more than 10,000 square feet over that shown
on Exhibits B and J, and (ii) for each square foot of Building Area
in excess of 400 square feet that is added, the school removes one
square foot of either Building Area or Covered Walkway and Covered
Open Structure Area. The parties agree that the only variances
from which School is being given relief pursuant to this Agrement
are those variances conoerning: a) setback or locational
regnirments, b) the size of structures, and c) the expansion of a
nonconforming use or the addition of a building which does not
replace or substitute an existing atructnre. Moreover, the School
must comply with the architectural and site plan review processes
and other requirements of the Town prevailing at the time of the
expansion proposal. Additionally, Envelope 1 contains an inner
envelope, identified as Envelope 1(A), to depict a possible future
second story area_ It is agreed that Envelope 1(A) shall not
utilize more than 6,DD0 square feet of the permitted 10,000 square
feet for the second story. In the event a second story is added,
it shall not be closer to any lot line than one -hundred twenty
(120) feet.
The parties agree that neither the fieldhonse and/or
auditorium renovations shall be constructed, nor ldboany other
buildings be erected or expanded within the Envelope, shall an all Other
those site improvements described Of
in Exhibits S through G,
inclusive, and Exhibit I ("Site improvements") of this Agreement
are completed before or simultaneously with said construction.
Provided, however, and notwithstanding anything contained in thin
Agreement to the contrary, the Town agrees that the School may add
up to 400 square feet of the permitted 10,000 square feet prior to
the construction of the Site Improvements without the requirement
of One Furthetmote efoot nothin removed pan square foot added being enforced.
buildingsof new g in this Agreement ahall preclude the erection
or construction c mpletiion additions
the ieldh ns;n the Envelope
la 3 Orrsau to the
renovations if the Site improvements are completed before loan
simultaneously with said erections or additions.
Finally, the parties agree that the Traffic
described in Exhibit G shall Control Plan
not go lute effect until the Site
Improvements are completed.
Miscellaneous Provisions.
A. Compliance With Legal Requirements. The Town has
reviewed the construction of the proposed facility and
Page 3
8311 F; c.3j-
H. Building Permit. The parties agree that the School
shall have until January 1, 1998 to apply for a building
Permit for all those Site Improvements shown in Pr1.4 its B -
I, inclusive. In the event the School has not filed its
application with the Town by that date, then this Agreement
shall be of no further force and effect. Provided however,
the School may construct the fieldhouse and renovate the
auditorium, subject to the terms of this Agreement, if en
application is -made for a building permit by January 1, 2000
to construct the fieldhouse and/or renovate the auditorium, if
application for the building permit for the Site Improvements
has been sought by January 1, 1998 and said improvements have
been completed by January 1, 1999. If the School has not made
application by January 1, 2000 for a building permit to
construct the fieldhouse and/or renovate the auditorium, then
the site plan approval granted by the Town, for the Fieldhouse
and auditorium shall expire.
I. Landscaping Specifications. The School agrees that
all existing and proposed landscaping will be maintained in a
condition and size equal to or exceeding the specifications
indicated on Exhibit I.
J. Use of Houses of the Premises. The one (1) story
wood residence adjacent to Oleander Way shall be used as a faculty
residence or as an office. The remaining two one (1) story
structures shall be used only as reeidencee for faculty, employees
and their guests. The School agrees to maintain the residential
appearance of these structures.
Page 5
Gulf Stream School, Inc. —3600 Gulf Stream Road, Gulf Stream, Florida 33483
Justification Statement for Application for Development Approval
This Justification Statement appends to the Application for Development Approval and
related materials (collectively and including this Justification Statement, the "Application') filed on
November 14, 2012 with the Town of Gulf Stream, Florida (the "Town") by Gulf Stream School,
Inc., a Florida corporation not-for-profit ("Applicant'), with respect to the real property located at
3600 Gulf Stream Road, Gulf Stream, Palm Beach County, Florida 33483, designated as Palm
Beach County, Florida Parcel Control Number 20-43-46-03-00-001-0020 and described as set forth
on Exhibit "A" attached hereto and made a part hereof as if fully set forth (the "Prope ").
Capitalized terms used herein but not defined shall have the same meaning as set forth in the other
relevant portions of the Application.
1. General Information reearding the Property & Gulf Stream School
The Property encompasses 5.51 acres +/- of land area. Bounded by State Road A -I -A on
the east and Gulf Stream Road on the west, the Property is located one (1) block south of Town
Hall and within the Town's RS -0 (Residential Single -Family Ocean West) Zoning District.
Existing at the Property are one- and two-story buildings and related improvements which comprise
Gulf Stream School ("GSS"), a pre -kindergarten through 8th grade private, independent school.
The Applicant operates GSS through Joe Zaluski, Head of School, and its 18 -member Board of
Trustees. GSS is accredited by the Florida Council on Independent Schools and the Florida
Kindergarten Council and is also a member of and affiliated with the National Association of
Independent Schools ("NAIS') in Washington, DC. GSS was founded in 19381 and shares a
significant history with and within the Town.
The GSS Mission Statement reads as follows:
Gulf Stream School empowers students to succeed, inspires intellectual curiosity, and
celebrates both effort and accomplishment. The School is distinguished by a sense of
family, small size, and respect for its heritage.
GSS achieves its Mission through the defined values of Academic Vigor, Character and
Participation. The GSS curriculum and other offerings prepare and develop students well for
further academic pursuits and, generally, as good citizens and caring individuals.
From a financial perspective, GSS is operated with a balanced budget and without the existence
of any debt — one of only a few private, independent schools in Florida with the ability to
approach our business in this manner. Over the last 12 to 15 years an endowment fund has
established and grown to a level of nearly two times the GSS annual operating budget (a level
recommended by NAIS), with plans for further growth firmly in place. As well significant, non -
endowed reserve accounts are actively funded and maintained. As such the GSS Board is
' GSS will celebrate its 75th Anniversary during the 2013/14 school year.
' Gulf Stream School actively engages students and faculty in a challenging
educational experience that fosters the skills, habits, and passion for
lifelong learning.
' The Gulf Stream School experience develops moral courage, integrity,
kindness, empathy, responsibility, courtesy, and respect for different
backgrounds, talents, and interests.
4 Gulf Stream School requires its students to participate in every aspect of
school life, encouraging them to learn more about themselves and others, while
preparing them for purposeful involvement in the local and global communities_
AM 17605389.1
particularly focused on extending for decades to come the GSS Mission and the offerings and
opportunities provided thereby — to our students, families, faculty/administration and community,
while sustaining our culture and enhancing the School experience.
II. Historic Zoning Considerations relevant to the Property
GSS was located on and in operation at the Property well prior to the adoption and
enactment of the Town's current Code of Ordinances (the "Code") or its predecessors. The Property
is, given its positioning and otherwise pursuant to the Code, located in the Town's RS -0
(Residential Single -Family — Ocean West) District — within which a single-family residential use is
mandated. The resulting non -conforming aspects relevant to the Property and its use as a private,
independent school were not created or caused by the Applicant and have not been modified by the
Applicant. As such the non -conformities associated with the Property and GSS are and continue to
be provided grandfathered status under the Code. By virtue of Section 70-50 of the Code, new
construction on the Property is restricted. In essence — pursuant to such provision, adding a new
structure on the Property requires the removal of a like amount of existing square footage.
According to records on file at the Town, GSS has committed to "serve a maximum of 250
students" since 1982. As an immediate point of clarification. this Application does not seek to
expand the maximum number of students that may be enrolled at GSS. A small classroom
environment and, relatively, a small school family, each as promoted by GSS, are an essential part
of its culture and are important to the educational offerings delivered daily. However, GSS did not
have anywhere close to maximum enrollment in 1982.5 Clearly the school buildings and facilities
located at the Property in 1982 would not, in that world or today's, be of sufficient scale, design or
context to appropriately facilitate GSS operations with a student count of anywhere close to
maximum enrollment. In order to reasonably provide for the educational offerings necessitated by
an increasingly discriminating school family, it was and is inevitable that GSS would need to
enhance its physical campus and offerings — as it has done over the last 30 years and as it requests at
present.
In connection with an application for development of a multi-purpose fieldhouse and other
improvements then in consideration and with an aim to alleviate the impact of Section 70-50, Gulf
Stream School Foundation, Inc. and the Town entered into a Developer's Agreement on June 10,
1994. That agreement was modified by an Amendment to Developer's Agreement entered into by
the Applicant and the Town on April 9, 2001; in connection therewith, the Town subsequently
approved on or about May 10, 2002 of, inter alfa, construction of a new, larger, 2 -story library and
classroom building as replacement for an existing structure. A copy of the Developer's Agreement
and the Amendment to Developer's Agreement are collectively referenced herein as the
"Developer's Agreement" and, as recorded in the Public Records of Palm Beach County, Florida
are attached hereto as Exhibit `B".
Among other established requirements, the Developer's Agreement created a mechanism
for future development at the Property. Building Area "Envelope I" (herein, as defined in the
Developer's Agreement) was established and identified as the area at the Property within which
additional construction might occur of 1 -story structures in the future. As amended, the
s Not until recently, i.e., within the last several years, did the number of
students attending GSS approach or achieve maximum enrollment.
' This is the name of the predecessor -in -interest to the Applicant. A name
change amendment was filed in 1994; however, no actual change of interest
occurred at an organization level.
AM 17605389.1 - 2 -
Developer's Agreement allowed 10,000 square feet of new construction within Envelope 1.
Building Area "Envelope I (A)" (herein, as defined in the Developer's Agreement), an inner core
area within Envelope 1 and located behind (to the east of) the 1 -story structures along Gulf Stream
Road, was established and identified as the area at the Property within which additional
construction might in the future occur of 2 -story structures. As amended, the Developer's
Agreement allowed 6,000 square feet (of the allowed 10,000 square feet) for new, second floor
construction within Envelope 1(A). The new, 2 -story library and classroom building and facilities
that were constructed as a result of the 2002 development application and the Town's May 10, 2002
approvals utilized a good portion (though not all) of both (a) the 10,000 square foot total area
permitted for new construction, and (b) the 6,000 square foot second floor area permitted for new
construction. At present, there remains in place from those respective allowances (y) 1,577 square
feet of total area for new construction, and (z) 258 square feet of second floor area for new
construction.
Finally, the net expansion of the structures at the Property and increase of additional floor
area at each prior occurrence — the 1994 approvals and adoption of the Developer's Agreement and
the 2001 Amendment to Developer's Agreement and the subsequent 2002 approvals for additional
development — were each undertaken pursuant to an Application for Development Approval (for
Demolition Permit, Site Plan Review -Level III and Variance Review) in a manner consistent with
this Application and approved by the Town upon the same criteria to that relevant hereto.
III. The Variances Requested
Herein the Applicant presents this Application in request of two (2) new variances, as
follows:
1. An increase by 1,617 square feet of total floor area allowed at the Property, per the
Developer's Agreement and taking into consideration the area of the corresponding
structures to be demolished — to wit:
a. The existing total floor area is 60,160 square feet;
b. The allowed total floor area is 61,737 square feet; and
c. The requested total floor area (inclusive of the proposed project) is 63,354 square feet.
The entirety of the increased total floor area requested by this Application is located within
Envelope 1(A).
2. An increase by 1,765 square feet of second floor area allowed at the Property, per the existing
Developer's Agreement and taking into consideration the second floor area of the
corresponding structures to be demolished — to wit:
a. The existing second floor area is 5,742 square feet;
b. The allowed second floor area is 6,000 square feet; and
c. The requested second floor area (inclusive of the proposed project) is 7,765 square feet.
The entirety of the increased second floor area requested by this application is located within
Envelope 1(A).
IV. The Proposed Pavilion/Classroom Buildine
The proposed Pavilion/Classroom Building presents as a new, 2 -story structure
containing 4,875 total square feet, 2,201 square feet of which are located on the second floor. It
AM 17605389.1 - 3 -
will provide critically needed teaching space for the educational offerings provided by GSS and
will be used daily for other purposes essential to GSS operations. But for Section 70-50 and the
requirements of the Developer's Agreement, the buildings and improvements at the Property,
inclusive of the proposed Pavilion/Classroom Building, meet and satisfy all dimensional and
other criteria of the Code. The proposed building is attractively designed in the Gulf Stream
Bermuda architectural style and in a manner complementary to the adjacent, 2 -story library and
classroom building located in the central core of the Property. Further, the proposed structure is
designed to seamlessly connect to the existing, 2 -story library and classroom building so as to
provide for efficiencies, e.g., established standards regarding access for ingress and egress
(generally and to facilitate and comply with handicap access pursuant to the Americans with
Disabilities Act), fire/safety code requirements, etc. The following provides a review of the
interior space provided within the proposed building.
A. The first floor contains a Pavilion & Multi -Purpose Space, a Serving/Warming Kitchen
Area and interior Mechanical/Electrical and Storage Space, to wit:
i. The Pavilion & Multi -Purpose Space replaces, slightly enlarges and substantially
upgrades the usefulness of the existing 1 -story, outdoor -only Pavilion? located at the
Property. Approximately 2
/3 of GSS students and faculty eat lunch daily in the Pavilion. As
designed, the students and faculty who use the proposed Pavilion daily will be kept from the
elements, e.g., extreme temperatures, rain, etc., while the facility may be kept open in nice
weather. Further, the proposed Pavilion will be tremendously more functional, facilitating
numerous weekly meetings of faculty, students, parents, trustee committees and others, which
today take up space elsewhere — mainly the Library, making that space much less functional
for its principal use.
ii. The Serving/Warming Kitchen Area provides the same function as an existing
Kitchen facility, but relocates the existing Kitchen facility from elsewhere at the Property into
the area where it will be best utilized. As well, moving the existing Kitchen into the
proposed building will enable the existing location to be turned into a small teaching room
for a learning specialist — of strategic importance to GSS. As it stands today, GSS is not able
to offer the services of a learning specialist to any students as there is simply no space within
which for the need to be met. Recruitment of a learning specialist is an essential component
to GSS's Strategic Plan (11/2012) and delivery of the physical space within which for this
person to work is the essential first step in achievement of that important aim.
iii. The interior Mechanical/Electrical and Storage Space serve to enhance the usefulness
and function of the new building and relocates existing storage from elsewhere at the
Property into the area where it will be best utilized.
B. The second floor contains three (3) new Upper School (Grades 5-8) Classrooms, an
interior Corridor and an exterior Covered Walkway and Stairs.
i. To provide for the educational deliveries expected of a private, independent school,
GSS has a real and immediate need for three (3) additional Upper School classrooms. The
' As it stands today, the 1 -story Pavilion has no walls on any sides and is
not climatized. During rain storms and on the coolest of days roll -down
canvas partitions, which do not provide any relief from the temperature and do
not entirely seal out rain, are utilized.
AM 17605385.1 - 4 -
G
C
request is made on the basis of the following — which is intended to be inclusive but which is
by no means exhaustive:
a. Current utilization of rooms other than for their intended purposes: the Library is
used during 22 periods each week for classes or study halls other than Library
classes — this does not consider the use of the Library for other weekly needs, e.g.,
parent coffees, Trustee meetings, etc.; the Computer Lab is used 6 periods each
week for classes on subjects other than Computer; and the Science Labs are used
during 5 periods each week for classes on subjects other than Science. As well this
means that the needed facilities, e.g., library, computer rooms, etc., are often not
available should a teacher want to pursue opportunities, e.g., research, cross -
curriculum, etc.
b. Floating teachers and shared spaces: doubling up of rooms means that teachers
have to teach their classes where they can be scheduled. Teachers often "float"
from room to room. This negatively impacts planning and the spontaneity of
"teachable moments" given that resources are often elsewhere. Moreover,
inefficiencies are caused by technology, particulars for which often must be revised
from classroom to classroom, causing daily delays and loss of instruction time.
c. Number and size of children relative to the space provided: many of the Upper
School classrooms simply don't comfortably fit the number of students within a
section — particularly the 8th Grade Sections. Many classrooms won't hold more
than 12 students comfortably, making impossible the need to separate students for
quizzes and tests, group work undertakings and classroom management. Generally,
the overall lack of classroom space creates a further lack of quiet work space — for
teachers, for students and for teachers and students.
The three (3) Classrooms requested by this Application are the most essential component of
the proposed building and project — they are the reason that this Application is made and they
present an absolute and essential need for GSS to deliver its educational offerings at the level
expected and required. At a Board of Trustees retreat in May 2012 it was determined an
immediate and essential undertaking that GSS must design and obtain the necessary
approvals for these classrooms and have them constructed and implemented into use.
ii. The interior Corridor and an exterior Covered Walkway and Stairs effectively and
attractively tie into and utilize the existing buildings and infrastructure.
V. Additional Justification for the Variances Requested
The special conditions and circumstances associated with the requests herein made is that
the Code precludes any expansion of the GSS facilities. Given the non -conforming use associates
with the Property there is not, short of the Town's grant of the relief requested, any ability to meet
the baseline needs associated with the educational offerings expected and required by GSS. The
stated hardship runs with the land and did not result from the actions of the Applicant.
Given the use regulations promulgated by the Code, there are no other private schools in
Town which would be denied special privilege should the Town approve of the Application. As
such, the granting of the relief requested by this Application will not confer any special or unusual
privilege on the Applicant.
AM 17605369.1 - 5 -
Literal interpretation of the Code would deprive the Applicant of sufficient classroom space
and space for other purposes essential daily operations — which will inevitably work to the
hardship of the Applicant and will negatively impact on the Property.
The requested relief is the minimum variance necessary to permit Applicant to the safe and
reasonable use, utilization and enjoyment of the Property as a private, independent school.
Moreover, allowing the requested relief and permitting the requested construction and
implementation of the proposed Pavilion/Classroom Building, as set forth in the Application, are
reasonable and in harmony with the general intent and purpose of the Code. Approval of the
variance requested by the Application will neither be harmful to the area involved or detrimental to
the public welfare.
Vl. Summary
For the foregoing reasons and as set forth in the Application, generally, the Applicant
requests that the Town provide such necessary demolition, site plan and variance approvals to
permit and facilitate the construction of the proposed Pavilion/Classroom Building.
AM 17605389.1 - 6 -
Exhibits and Attachments to the Application for Development Approval and this Justification
Statement:
Exhibits:
Exhibit "A" — Legal Description of the Property
Exhibit "B" — Photocopy of the Developer's Agreement (June 10, 1994) and the Amendment to
Developer's Agreement (April 9, 200 1)
Attachments:
Application Fee — Check in the amount of $2,515.00
Drawing Index — Cover: Site Data Table/General Location Map
Boundary Survey
C-1: Grading and Drainage Plan
G1.1: Site Plan/Site Demo/Landscape Plan
Al. 1: First Floor Plan
A1.2: Second Floor Plan
A2.1: Roof Plan
A3.1: Exterior Elevations
A3.2: Enlarged Elevations
A4.1: Existing Photographs (Pavilion)/Renderings
For each: 2 full size sets and 15 reduced sets (11 x 17) provided
Proof of Ownership — Trustees' Deed dated January 17, 1972 and recorded on February 2, 1972
in Official Records Book 1976, Page 1684
Trustees' Deed dated January 17, 1972 and recorded on February 2, 1972
in Official Records Book 1976, Page 1687
Trustees' Deed dated January 17, 1972 and recorded on February 2, 1972
in Official Records Book 1976, Page 1690
Executors Deed dated December 15, 1972 and recorded on December 19,
1972 in Official Records Book 2095, Page 1377
Executors Deed dated January 15, 1973 and recorded on January 16, 1973
in Official Records Book 2107, Page 917
All references to recordation in Official Records Books are held within the Public Records for
Palm Beach County, Florida
Agent Affidavit
Property Owners Affidavit
Map of Property Owners located to within 300' & List of Adjacent Property Owners
Stamped addressed envelopes with no return address for property owners within 300'
AM 17605389.1
EY-IMIT "B"
Photocopy of Developer's Agreement dated June 10, 1994 and Amendment to Developer's
Agreement dated April 9, 2001, as recorded in the Public Records for Palm Beach County,
Florida
(See attached)
AM 1765389.1
DESCRIPTIOK
A PARCEL OF LAND LYING IN SECTION, 3, TOWNSH9P 46 SOUTt4 RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOL L0WE.
•
BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, AS S74OWN ON THE
PLAT OF BERMUDA HEIGHTS: AS RECORDED IN PLAT BOOK 2J, PAGE
200, PUBLIC RECORDS OF PALM BEACH COUVTY, FLORIDA; THENCE
SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD
DEPARTMENT A -1-A, AS PRESENTLY LAID OUT AND IN USE. A
DISTANCE OF 716.40 FEET, MORE OR LESS. TO THE POINT OF
CUR VA TURF OF A CUR VZ' THENCE SOUTHERLY, ALONG THE ARC OF A
CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 5245.51 FEET AND
A CENTRAL ANGLE OF 6"OP36" A DISTANCE OF 551.75 FEET, MORE
OR LESS: TO AN INTERSECTION WITH THE NORTH LINE OF LOT 55, AS
SHOWN ON THE PLAT OF GL.CF STREAM PROPERTIES NO. 2, AS
RECORDED IN PLAT BOOK 18, PAGE 4Z, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA,: THENCE WESTERLY ALONG THE NORTH LINE
OF SAID LOT 55 AND ITS WESTERLY EXTENSION, A DISTANCE OF
85.30 FEET TO A POINT IN THE CENTERLINE OF PALM WAY. • THENCE
SOUTHERLY ALONG THE SAID CENTERLINE OF PAL M WA Y, A DISTANCE
OF 2S FEET TO THE INTERSECTION WITH THE EASTERLY EXTENSION
OF THE SOUTH LINE OF LOT 56 OF SAID PLAT OF CL4.F 5TREAM
PROPERTIES N0. 2; THENCE WESTERL Y ALONG THE EASTERL Y
EXTENSION AND THE SOUTH LINE OF SAID LOT 56, A DISTANCE OF
122.54 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID
L 0 T 56; THENCE NORTHERL Y AL ONG THE WEST LINE OF SAID L OT 56
AND ITS NORTHERL Y EXTENSION, A DISTANCE OF 742.95 FEET, MORE
OR LESZ TO THE POINT OF INTERSECTION OF THE CENTERLINE OF
PANDA NUS ROAD; THENCE WESTERL Y AL ONG SA 10 CENTERLINE, A
DISTANCE OF 142.38 FEET MORE OR LESS, TO THE EASTERL Y RIGHT
OF WAY UNE OF GULF STREAM ROAD; THENCE NORTHERLY ALONG SAID
EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 7.52 FEET, MORE OR
LESS, TO THE NORTHWEST CORNER OF SAID PLAT OF GULF STREAM
PROPERTIES NO. 2; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT
OF WAY LINE OF GULF STREAM ROAD, MAKING AN ANGLE WITH THE
NORTH LINE OF SAID PLAT OF GULF STREAM PROPERTIES NO. 2 (AS
ACASURED FROM EAST TO NORTH) OF 92"J5'00" A DISTANCE OF
198.12 FEET; THENCE CONTINUE ALONG THE SAID EASTERLY RIGHT OF
WAY LINE OF GULF STREAM ROAD, MAKING AN ANGLE WITH THE
PRECEDING COURSE OF 18000725 , AS MEASURED FROM SOUTH
THROUCH EAST TO NORTH, A DISTANCE OF 166.74 FEET. THENCE
CONTINUE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY LINE OF
GULF STREAM ROAD MAKING AN ANCLE WITH THE PRECEDING COLRSE OF
183071'32". AS MEASURED FROM SOUTH THROUGH WEST TO NORTH, A
DISTANCE OF 43.93 FEET; THENCE EASTERLY MAKING AN ANGLE WITH
THE PRECEDING COURSE OF 90°0838" AS MEASURED FROM SOUTH TO
EAST A DISTANCE OF 128.21 FEET- THENCE NORTHERLY MAKING AN
ANGLE WITH THE PRECEDING COURSE OF 90°00'00" AS klEASURED
FROM WEST TO NORTH, A DISTANCE OF 78.52 FEET,- THENCE EASTERLY
MAKING AN ANGLE WITH THE PRECEDING COURSE OF 90-00-00-, AS
MEASURED FROM SOUTH TO EAST, A DISTANCE OF 25.01 FEET TO THE
SOUTHWEST CORNER OF THE SAID PLAT OF BERMUDA HEIGHTS; THENCE
EASTERLY ALONG ThE SOUTH LINE OF SAID PLAT OF BERMUDA
HEIGHTS, A DISTANCE OF 322.0 FEET TO THE POINT OF BEGINNING
AFOREDESCRIBED.
Rpr-� .001 04:25po 01-14, ;202
ORB 12458 Po 1553
I11111IIIIIIII0IIIIIIIIII111IIIftIII Iin11111l1111
PREPARED BY/RECORD AND RETURN TO:
_ — JOHN C. RANDOLPH, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
West Palm Beach, Florida 33402-3475
AMENDMENT TO DEVELOPER'S AGREEMENT
THIS AGREEMENTis enteredinto onthe date shown below betweenthe TOWN OF GULF
STREAM, FLORIDA, and GULF STREAM SCHOOL, INC., hereinafter referred to as "parties,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Developer's Agreement, dated June 10, 1994,
and recorded in Official Record Book 8311, Page 630, public records of Palm Beach County,
Florida; and
WHEREAS, the parties wish to amend said Agreement to provide for the abolishment ofthe
requirement that certain covered walkways be removed when certain construction is performed; and
WHEREAS, ii is in the best interests of the children of the Gulf Stream School that said
walkways remain in place, despite the new construction that is planned at the School; and
WHEREAS, the School agrees to continue to use the Premises as an independent day school
in accordance with the accreditation requirements ofthe Florida Council of Independent Schools or
similar accreditation entity and in accordance with the terms of this Agreement; and
WHEREAS, the agreement that the maximum number of students, both seasonal and full-
time, that may be enrolled in said school at one time shall not exceed two hundred fifty (250)
students is affirmed. It is additionally affirmed that the Premises will not be used for any activity
other than for School and community events involving the residents of the Town of Gulf Stream,
Florida, the students attending the Gulf Stream School, and the families and friends of those
students. The remainder of the Developer's Agreement is affirmed except to the extent of the
amendments included herein and
C2
0( 124tsa Pg I SGj
in this Agreement shallpreclude the erection ofnewbm7dings or additions within the
_ Envelopeprior to the construction or completion ofthe fieldhouse and/or auditorium
renovations if the Site Improvements are completed before or simultaneously with
said erections or additions.
Finally, the parties agree that the Traffic Control Plan described in Exhibit G
shall not go into effect until the Site Improvements are completed.
LB. The Gulf Stream School, in recognition of the extraordinary services
adjustment The annual contribution begrnning October 1 2D04 a_nd_ever_y_yeaz
thereafter shall be computed under the following formula
"New Contribution" _ $10.000.00 x Adiusted CPI
Base CPI"
2. All other provisions of the Developer's Agreement shall remain in full force and
effect.
3. The parties agree that this Amendment to Developer's Agreement shall be recorded
in the public records ofPahn Beach County, Florida, withinfourteen days of execution by all parties.
130 1;P -4n5 Pg 1 ss7
MOT- H. WILKR, CLERK PE CON -1y, FL
STATE OF FLORIDA
— — COUNTY OF PALM BEACH
The foregoing ins ent was acknowledged before me this q day of
2001, by nof Gulf Stream Schoo c., who is
personally know to me or who has produced as idenOn.
No Public
:M '"•.' Joon A Posey
ntymMuss�%�1 �szss ops My Commission expires:
BONDED IHQUZW FAN BIBIWANC[ INC
i
NAMEM3147-SAGS School Ammdmmt Red.wpd
5
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 012 -06 Owner: Gulf Stream School
Address: 3600 GS Road Agent: Rene Tercilla, Tercilla Courtemanche Arch.
Proposed Improvement: To replace and enlarge the first floor pavilion and add
three second floor classrooms.
Approvals Requested:
Variances (1): To allow an increase in total floor area that will exceed the
61,737 SF allowed in the existing Developer's Agreement by
1,617 SF.
Variance (2): To permit an increase of 1,765 SF over the 6,000 SF permitted
for the second floor area in the existing Developer's
Agreement.
Level 3 Architectural/Site Plan: To replace and enlarge the first floor pavilion and add three
second floor classrooms, an interior corridor and an exterior
covered walkway and stairs, a total of 4,875 SF.
Gross Lot size: 239,995 S.F.
Proposed Total Floor Area: 63,354 SY
Zoning District: RS -C (Core)
Finished Floor Elevation:
Effective Lot Area: 239,995 S.F.
Total Allowed: 61,737 SF
Proposed Height: 30' maximum
7.97 NGVD existing'
Proposed Architectural Style: G.S. Bermuda
Adjacent Residences: Bermuda, one -story - adjacent and across the street
Issues Considered During Review:
1. Developers agreement restrictions
2. Variance criteria
3. Impacts on surrounding residential areas
4. Impacts on services provided.
Recommendation:
If the Board finds that the 8 mandatory variance criteria are met and the proposed additions
are approved, the following conditions are recommended for the site plan approval (three
separate motions to recommend approval or denial are required, one for each of the approvals
requested).
1. The student enrollment shall be permanently capped at 250, as limited by the existing
developers agreement. A yearly certification of the enrollment shall be provided the
Town.
2. No additional after -hours functions shall be held at the School other than those allowed
by the existing developers agreement.
3. The private school campus shall not be expanded onto existing single - family lots, as
dictated by RS -C and RS-0 zoning district use regulations.
4. A Construction Traffic Management Plan shall be submitted prior to the issuance of a
building permit application. This plan shall be reviewed and approved by the Police
Chief.
5. The School shall reimburse the Town for all advertising and Town legal fees associated
with this application.
ARP1312 -16
December 27, 2023
Page 2 of 2
6. The school is respectfully requested to dedicate a 9' utility easement across the entire
frontage of A1A, to be used exclusively for future under - grounding of power, phone and
utility lines. (A long -term Town goal)
ARPB Date: December 27, 2012
Action: Variance (1): Recommend approval as requested. (4 -0)
Action: Variance (2): Recommend approval as requested. (4 -0)
Action: Demolition; Recommend approval as requested. (4 -0)
Action: Level 3 Architectural /Site Plan Review: Recommend approval as requested with
with the 6. conditions listed above and a provision added to #5 that the
reimbursement for legal fees not exceed $5,000 plus the addition of a condition,
number 7, that the conditions and figures set forth in the application and the
motions recommending approval shall be incorporated into a Revised Developer's
Agreement. (4 -0)
TC Date: January 11, 2012
Action: Variance (1): Approved as recommended. (5 -0)
Action: Variance (2): Approved as recommended. (5 -0)
Action: Demolition: Approved as recommended. (5 -0)
Action: Level 3 Architectural/Site Plan Review: Approved as recommended including all
conditions recommended by ARPB. (5 -0)
Town of Gulf Stream
TOWN OF GULF STREAM
APPLICATION FOR DEVELOPMENT APPROVAL
gu`V
Sown o1 Get Stream, Fl
his 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.
ARPB File /#
To be completed by all applicants. PART II. GENERAL INFORMATION
A. Project Information
I.A.I. Project/Owner Name: Gulf Stream School, Inc. (successor in interest to Gulf Stream
Schoo oun at�on, nc.
I.A.2. Project Address: 3600 Gulf Stream Road, Gulf Stream, Florida 33483
I.A.3. Project Property Legal Description: See Exhibit "A".
I.A.4. Project Description (describe in detail, including # of stories, etc.) Demolition of a 1- story Pavilion
and construction of a new 2 -story Pavilion and classroom building.
I.A.5. Square Footage of New Structure or Addition: _4,875 square feet
Architectural Style: Gulf Stream Bermuda
1.A.6. Check all that apply: R) Architectural /Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard
Overlay (complete section B) M Demolition of Structures ❑ Non - residential uses M Variance
(complete section G) ❑ Special Exception (complete section E)
1.A.7. (a) Proposed F.F.E.: 7.97 feet NGVD
B. Owner Information
Type of Foundation: Continuous Spread Footing-
I.B.I. Owner Address: West Edwards Wildman
Floridae33401 Attention: Gregory Boulevard, E. YounSuite 9.600,
I.B.2. Owner Phone Nu
I.B.3. Owner Signature:
C. Agent Information
I.C.1. Agent Name and Firm Name: Rene Tercilla, AIA Tercilla Courtemancl-e Architects, Inc.
I.C.2. Agent Address: 2047 Vista Parkway, Suite 100, West Palm Beach, Florida 33411
I.C.3. Agent Phone Number: (o) 561- 478 -4457 cell 561- 310 -9877 Fax 561- 478 -4102
1.C.4. Agent Signature:
Official Use Only
Pre -App Date: ARPB Date:
App Date: Recommendation:
Com Date: TC Date:
Decision: _
y-�.- z l
1�
Application for Development Approval Form ADA.2000
revised 6/13/00
Page 2
TOWN OF GULF STREAM
w _ .APPLICATION FOR DEVELOPMENT APPROVAL
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 property will delay its consideration.
ARPB Fite #
To be completed by all applicants. PART It. GENERAL INFORMATION
A. Project Information
I.A.1. Project/bwner Name: Gulf Stream School, Inc. (successor in interest to Gulf Stream
LA.Awui roundation, tEC C.
I.A.2. Project Address: 3600 Gulf Stream Road, Gulf Stream, Florida 33483
I.A.3. Project Property Legal Description: See Exhibit "A ".
I.A.4. Project Description (describe in detail, Including # ofstorles, etc.
ition of a I-s-tory pavilion
and construction of a new 2 -story pavilion and classroom building.
I.A.5. Square Footage of New Structure or Addition: 4 2 875 square feet
Architectural Style: Gulf Stream Bermuda
I.A.G. Check all that apply: K) Archltectural /Site Plan Review O Land Clearing O 'North Ocean Boulevard
Overlay (complete section B) )0 Demolition of Structures ❑ Non - residential uses M Variance
(complete section G) ❑ Special Exception (complete section E)
1.A.7. (a) Proposed F.F.E.: 7.97 feet NGVD
Type of Foundation: Continuous Spread Footing
B. Owner Information
I.B_1.
I.B.2.
I.B.3.
C/O Edwards Wildman Palmer LLP, 525 Okeechobee Boulevard, Suite 1600,
Owner Address: West Palm Beach Florida 33401 Attention: Gre or E. Youn
Owner PhonE
Owner Signa
C. Agent Inform,';
o11
I.C.I. Agent Name and Firm Name: Rene Tercilla, AIA Tercilla Courtemancre Architects, Inc.
I.C.2. Agent Address: 2047 Vista Parkway, Suite 100, West Palm Beach, Florida 33411
I.C.3. Agent Phone Number. ) 61 -4 8 --4457 cell 561- 310 -9877 Fax 561- 478 -4102
1.CA. Agent Signature:
Official Use Only
Pre -App Date: ARPB Date:
App Date: Recommendation:
Com Date: TC gate:
Decision:
Application for Development Approval Form ADA.2000
revised 6/13100
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? Ocean West
III.A.2. Is the project compatible with the intent of the zoning district? )l Yes ❑ No
Explain. The new buildin
's design and location on the project property are in
with the spirit of the zoning district.
III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the
Comprehensive Plan? Iff Yes ❑ No
Explain. The new building and project are also compatible with the future planning
of the Town of Gulf Stream.
III.A.4. Flow are ingress and egress to the property to be provided? In,�ress and egress to the property
will. remain as designed,, with an existin entrance and exit along Gulf Stream Road
and -a secondary entrance /exit on SR A -1 -A.
III.A.5. How are the following utilities to be provided to the property?
a. Stormwater Drainage Catch basin and French drain (on site)
b. Sanitary Sewer _ Sanitary sewer central system
c. Potable Water Public
d. Irrigation Water Well water and Public
e. Electricity FPL
f. Telephone AT &T
g. Gas N A
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.)
sea improvements meet all criteria in Code Sect;nn hh_11,1,
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 Lf No (If "Yes ", section B of this part must be completed.)
IV.A.2. Does the project involve the demolition of one or more structures? 1�l 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 rl No
(If "Yes ", section D of this part must be completed.)
IV.A.5. Does the project require approval of a Special Exception?
❑ Yes IN 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?
1] Yes ❑ No (If "Yes ", section G of this part must be completed.)
Application for Development Approval Form ADA.32000
Page 3
Town of Gulf Strea
B. Projects Requiring North Ocean Boulevard Overlay Permit
extent?
N /A`
IV.6.2. Describe the need and justification for the disturbance /addition:
IV.13.3. Will the disturbance /addition destroy or seriously impair v* al relationships among buildings,
landscape features and open space, or introduce incomp ' e landscape features or plant material
that destroys or impairs significant views or vistas wi the North Ocean Boulevard Overlay District?
Yes No
Explain:
IV.13.4. How is the design consiste ith the A1A Landscape Enhancement Project?
IV.B.5. What mitiEoilll�is proposed so that the disturbance /addition has the least impact possible to the visual
an quality of the North Ocean Boulevard Overlay District:
C. Projects Requiring a Demolition Permit
MCA. When are the existing structures to be demolished? March/April 2013
IV.C.2. When are the proposed structures to be constructed? Tmmediately following demolition of
existing structure.
W.C.3. What is the landmark status of the structures to be demolished? None - N /A; the structure
to be demolished is a 1 -story pavilion.
D. Projects Requiring a Land Clearing Permit N/A
Overlay District:
IV.D.2. Describe the need and justification for the removal /relocation:
IV.D.3. How is the removal from the project site of vegetation to itigated:
IV.D.4. How are the remaining and relocated etative materials to be protected and preserved during the
land clearing and constriction acti s and thereafter?
IV.D.5. What cement materials are proposed?
Application for Development Approval, Form ADA.32000 Page 4
February 2002
E. Projects Requiring a Special Exception.
N/A
IV-E-2. How is the use designed, located and
welfare, and morals will be protected? prop °sed to be operated so that the
Public health, ty,
IV.E,3• Will the use cause substantial in'u
be located? El Yes ❑ No 1 ry to the value of other property in the
ghborhoo d where it is to
Explain.
IV.EA How will the use be compatible with adjoining deve
is to be located? meat and the character of the District where it
IV.E.5. What landscaping and scre
g are provided?
IV.E.g. Does th se conform with all a
locate 17 Yes 1:1 No pplicable regulations governing the District wherein it is to be
F. Non- Residential Projects and Residential Projects of Greater than 2 Units
W.F.I. If common area facilities are to be provided, describe them and how the are e to be maintained.
N /A, all as existing - no change proposed.
IV.F.2. If recreation facilities are to be provided, describe them and their potential impacts
properties.
on surrounding
N -A; all as existing no change nronosed.
IV.F.3. For each of the following, list the number
Loading Spaces: See
provided and their dimensions.
below.
Standard Parking Spaces:
See
Small car Parking Spaces:
below.
See
Handicapped Parking SpacesSee
belol-7.
Driveways /Aisles:
below.
See
below.
all as existin - no change proposed..
Application for Development Approval Form ADA.32000
Page 5
Town of Gulf Stream
G. Projects Requiring a Variance (code Section 66 -150 through 157)
IV.G.1. From what specific Zoning Code regulation is a variance requested? Code Sections 70 -50
"Private Schools ", Code Division 4 "Non Conforming Uses" (Section 66 -131.) and
the "Developer's Agreement" (herein, as defined in the Justification Statement
attached hereto.
IV.G.2. What does the Zoning Code require for this specific site? Single family residential use.
IV.G.3. What is proposed? Addition to an existing (permitted) private school
IV.G.4. What is the total variance requested? See Rider 6 -A.
IV.G.S. The following 8 mandatory variance findings from Section 66 -154, must be addressed: (Attach
additional sheet if necessary.)
(1) What specific conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures, or buildings in the same zoning
district?
Expansion of a non - conforming use to include additional second story area above
the replacement of an existing structure to allow a 2 -story pavilion and classroom
buiicling, all wit.m the a. owance agreed setbacks.
(2) Did the special conditions and circumstances result from the actions of the applicant? Yes M
(3) Will granting the variance confer upon the applicant any special privilege that is denied by the Zoning
Code to other lands, buildings, or structures in the same zoning district? Yes M
Explain: We are an existing private education institution and present an allowed
non - conforming use un er the Zoning Code o inances o eam.
(4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the same terms of the
Ordinance and work unnecessary and undue hardship on the applicant? The expansion of the
non - conforming use incorporates the development standards set out in the Zoning
Code of Ordinances. The existing criteria ratio requires removal of existing
square footage to add new is unreasonable when other development criteria are met
in full
1
(5) Is the Variance requested the minimum variance that makes possible the reasonable use of the land,
building or structure? X'% No
Explain: This request involves an area previously designated for expansion by
agreement and fulfills the most optima an reasona e use o e an.. e
increased square footage will not impact any infrastructure needs or use
(6) Will granting the variance permit any prohibited use to be established or re- established: Yes
(7) Is the requested variance consistent with the goals, policies, and objectives of the future Land Use Map
of the adopted Comprehensive Plan? 3M No
(8) Will the variance be in harmony with the general intent and purpose of the Zoning Ordinance and not
be injurious to the area involved or otherwise detrimental to the public welfare? No
Explain: The entire 2 -story structure proposed maintains the architectural
character and. scale of the site and imposes no impact to neighboring property
owners.
Application for Development Approval, Form ADA.32000 Page
February 2002
Rider 6 -A
The total variances requested are:
1. An increase by 1,617 square feet of total floor area allowed at the property, per the
Developer's Agreement (as defined in the Justification Statement attached hereto) and taking
into consideration the area of the corresponding structures to be demolished — to wit:
a. The existing total floor area is 60,160 square feet;
b. The allowed total floor area is 61,737 square feet; and
c. The requested total floor area (inclusive of the proposed project) is 63,354 square feet.
The entirety of the increased total floor area requested by this application is located within
Envelope 1(A)(as defined in the Developer's Agreement).
2. An increase by 1,765 square feet of second floor area allowed at the property, per the existing
Developer's Agreement and taking into consideration the area of the corresponding
structures to be demolished — to wit:
a. The existing second floor area is 5,742 square feet;
b. The allowed second floor area is 6,000 square feet; and
c. The requested second floor area (inclusive of the proposed project) is 7,765 square feet.
The entirety of the increased second floor area requested by this application is located within
Envelope 1(A).
AN/I 17603099.1
Rider 6 -A
The total variances requested are:
1. An increase by 1,617 square feet of total floor area allowed at the property, per the
Developer's Agreement (as defined in the Justification Statement attached hereto) and taking
into consideration the area of the corresponding structures to be demolished — to wit:
a. The existing total floor area is 60,160 square feet;
b. The allowed total floor area is 61,737 square feet; and
c. The requested total floor area (inclusive of the proposed project) is 63,354 square feet.
The entirety of the increased total floor area requested by this application is located within
Envelope 1(A)(as defined in the Developer's Agreement).
2. An increase by 1,765 square feet of second floor area allowed at the property, per the existing
Developer's Agreement and taking into consideration the area of the corresponding
structures to be demolished — to wit:
a. The existing second floor area is 5,742 square feet;
b. The allowed second floor area is 6,000 square feet; and
c. The requested second floor area (inclusive of the proposed project) is 7,765 square feet.
The entirety of the increased second floor area requested by this application is located within
Envelope 1(A).
AM 17603099.1
4
uulf Stream
H. Projects Requiring Rezoning N/A
IV.H.2. If the project involves a rezoning,
Comprehensive Plan text chan Zoning Code text change, Fu
justification for the request. g ' °r any combination therec
0*11nd Use Map change,
se describe the need and
PART V. OPTIONAL INFORMATION
This entire Part is optional for al/ applicants. Applicants are encouraged, but not
additional relevant information regarding the project that was not covered elsewhere on
the other materials submitted with the application. required, to provide any
this form or on any of
ification Statement.
Application for Development Approval Form ADA.2000
revised 6/6/00
Page 7
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