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HomeMy Public PortalAboutARPB 07 24 2014 w/ backupCHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER: Thomas Smith Paul A. Lyons, Jr. Robert Dockerty Amanda Jones Malcolm Murphy Hewlett Kent Curtiss Roach July 17, 2014 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JULY 24, 2014 AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes. A. Regular Meeting & Public Hearing of 6- 26 -14. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. There is no meeting in August b. September 25, 2014 @ 8:30 A.M. c. October 23, 2014 @ 8:30 A.M. d. November to be determined e. December to be determined VI. Reorganization. A. Election of a Chairman B. Election of a Vice Chairman VII. Items by Staff. A. Final Report from the Ad Hoc Committee 1. Recommendations -Code Amendments a. Generator Noise b. Establishment of a "Waiver" system c. Fences in Place Au Soleil d. Open Front Lawns - Landscaping e. Roofs 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. 11 1 DRAIRce MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JUNE 26, 2014 AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. The Town Clerk advised that inasmuch as neither the Chairman nor Vice Chairman are present, it is necessary that an Acting Chairman be appointed for this meeting. Mr. Murphy moved and Mr. Roach seconded that Mr. Lyons be appointed Acting Chairman and all voted AYE at roll call. I. Call to Order. Acting Chairman Lyons called the meeting to order at 8:35 A.M. II. Roll Call. Present and Participating Absent with Notice Also Present and Participating: Paul A. Lyons, Jr Malcom Murphy Curtiss Roach Thomas Smith Amanda Jones Robert Dockerty Hewlett Kent William Thrasher Rita L. Taylor John Randolph Timothy Swilley Acting Chairman Board Member Alternate Board Member Board Member Board Member Alternate Board Member Alternate Board Member Town Manager Town Clerk Town Attorney Agent for Mr. Young III. Minutes. A. Regular Meeting & Public Hearing of 5- 22 -14. Mr. Murphy moved and Mr. Roach seconded that the minutes of the meeting of May 22, 2014 be approved and all voted AYE at roll call. B. CONTINUATION of the Public Hearing 5 -22 -14 was held 5- 30 -14. Mr. Murphy moved that the minutes of the continuation of the May 22nd hearing that was held on May 30, 2014 be approved and Mr. Roach seconded the motion. All voted AYE at roll call. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were none. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. July 24, 2014 @ 8:30 A.M. b. There is no meeting in August c. September 25, 2014 @ 8:30 A.M. d. October 23, 2014 @ 8:30 A.M. e. November to be determined 1 JARPB une Minutes of Regular Meeting s Public Hearing !I // �"1 /A `. "_ cy June 26, 2014 L.J (J U /�!'Z \I 7UN f. December to be determined Mr. Murphy advised he would not be available for the July 24th meeting. A. Applications for Development Approval 1. An application submitted by Timothy Swilley as agent for William T. Young, Jr. Trustee, owner of the property located at 2411 North Ocean Blvd., Gulf Stream, Florida 33483, which is legally described as a parcel of land in Government Lot 3, Section 3, Township 46 South, Range 43 East, Palm Beach County Florida and further described in metes and bounds. The Town Clerk asked if there had been any ex -parte communications and none were declared. She then administered the oath to Timothy Swilley. a. LEVEL 2 ARCHITECTURAL /SITE PLAN REVIEW to permit installation of a new roof, that will be Alhambra (clay) Spanish " S " Tile, on an existing Mediterranean style single family dwelling and garage, the existing roof of which is Barrel Tile. The color of the tile is Southern Blend and is similar to the existing roof. Mr. Swilley explained that the existing roof, which is more than 25 years old, is Alhambra clay, two piece, barrel tile. He further explained that Mr. Young would like to replace the roof on the house and the garage with the Alhambra clay, " S " the which is a one piece tile. He then displayed a sample of the existing tile and the proposed one piece tile, pointing out that they are basically the same color except for the weathering of the existing. Mr. Swilley said this one piece tile makes it possible to install the roof in one half the time when using the two piece barrel tile, and cost wise is approximately 15%- less. Acting Chairman Lyons asked if the neighbors had been notified and the Clerk replied they received notices but no one has replied. Mr. Murphy moved to approve to approve the Level II Architectural /Site Plan based on a finding that the proposed Spanish " S " clay roofing tile does meet the minimum intent of the Design Manual and applicable review standards. Mr. Roach seconded the motion and all voted AYE at roll call. VII. Items by Staff. A. Final Report from the Ad Hoc Committee Town Manager Thrasher called attention to the report from William Boardman, Chairman of the Ad Hoc Committee, and a copy of the letter that was sent to all residents from the Ad Hoc Committee. The report pointed out that over 500 letters were sent and there were only 10 replies from residents requesting changes be made in the Design Manual. 2 ARPB Minutes of Regular Meeting s Public Hearing June 26, 2014 The Committee concluded that it was not the desire of the residents to eliminate the Manual but only review a small number of sections therein. Mr. Thrasher pointed out that the Committee suggested that, since most of the replies had originated from Place Au Soleil but only represented a very small percentage of the residents in that area, their HOA be asked to assist in determining if a majority of residents in Place Au Soleil were in favor of recommendations from the Committee. The Board Agreed and Mr. Murphy offered to contact the President of the Association to enlist his assistance. The Town Manager advised that if the Board so desires, he will arrange to have the Town's consultant, Marty Minor, to attend the meeting where these items are discussed. He added that Mr. Minor wrote the portion on landscape changes that will be discussed and gave input on the waiver section as well. 1. Recommendations -Code Amendments a. Generator Noise Acting Chairman Lyons asked the Town Manager to give a brief explanation as to changes that are being explored in this regard. Mr. Thrasher explained that our Code at this time provides that we evaluate the level at which the equipment operates at "full load ". He reported that there were representatives from some suppliers of some of the equipment that stated they felt the evaluation should be at "normal running ". He believed that if this were to be changed, in order to maintain the maximum noise level that we now experience, we would need to lower the number of db's allowed. Acting Chairman Lyons suggested that Mr. Minor be asked to be present at the next meeting and be prepared to recommend a noise level that would be acceptable in our circumstances, for discussion. All present were in agreement. b. Establishment of a "Waiver" system The Acting Chairman asked for a brief explanation of "waivers ". Attorney Randolph explained that these would only apply to the Design Manual, beginning with Section 70 -96 but not including Section 70 -296 which is the Glossary. He added the waivers would not apply to the zoning regulations such as setbacks, floor area ratio etc. Those things would still need a variance. He reminded that variances are very difficult to justify. There would be standards to meet with regard to waivers that would be less restrictive than the hardships that must be considered when considering variances. I i Acting Chairman Lyons asked for a motion to defer the remaining items and further discussion on Generator noise and waivers until the July meeting. Mr. Murphy so moved and Mr. Roach seconded the motion with all voting AYE. VIII. Items by Board Members. 3 ARPH Minutes of Regular Meeting 6 Public Hearing June 26, 2019 There were no items from the Board Members. IX. Public. There were no items from the Public. X. Reorganization. Acting Chairman Lyons directed that the reorganization be deferred to the July meeting when it is expected that there will be a full Board present. A. Election of a Chairman B. Election of a Vice Chairman XI. Adjournment. Mr. Roach moved that the meeting be adjourned and the motion was seconded by Mr. Murphy with all voting AYE at roll call and Acting Chairman Lyons adjourned the meeting at 9:05 A.M. Rita L. Taylor Town Clerk I INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor DATE: July 17, 2014 RE: Ad Hoc Carruttee Recommendations -Code Changes Attached is a duplicate copy of what was provided to you in the Agenda Packet for the meeting that was held on June 26, 2014. MER- OFFICE MEMORAIITUINI TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: ARPB Members DATE: June 18, 2014 RE: Ad Hoc Committee Recommendations -Code Changes Please find enclosed a copy of the report from the Ad Hoc Committee that was presented at the conclusion of .their assignment. Also enclosed is a Memorandum listing the recommendations from the Ad Hoc Committee. These recommendations, if accepted, will require Code changes. Proposed Code amendments are first required to be reviewed by the ARPB and then forwarded to the Town Commission with a recommendation from the ARPB. There are other items and /or Code Sections to be reviewed, some of which are "housekeeping" matters. These will be addressed after you have completed your review of the Ad Hoc Committee recommendations. If you have any questions, please call. INTRODUCTION TO THE REPORT OF THE AD HOC COMMITTEE FORMED TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING THE TOWN OF GULF STREAM DESIGN MANUEL Pursuant to an informal commitment that was made as part of the Town's settlement of various suits with the O'Boyle interests, the Ad Hoc Committee was formed in January and had it's first meeting on January 16`h. There were a total of ten meetings with the final meeting being on May 8a'. The Committee was originally composed of Richard Mouw, Patricia Randolph, Benjamin Schreier, AIA, David Bodker and Chairman, William Boardman. Mr. Bodker stepped down as a member early on and Keith Williams took his place for the last few meetings, where landscape issues were discussed. The charter of the Committee was broad and it was the Committee's decision to avoid zoning issues and matters outside of the Design Manual. It was also the Committee's feeling, at the first meeting, that we should send a brief letter to the community residents informing them of the Committee's existence. This letter encouraged our residents to submit comments and suggestions that the Committee might consider. This invitation extended to specific matters concerning the Design Manuel and further solicited comments concerning the processes used to implement the Design Manual's provisions. In late January, the letter was sent to approximately 500 households in the Town. By the Committee meeting on February 13a' eight responses had been received and one or two more trickled in after that date. The Town Staff had a short list of items to be considered, as did the Chairman of the Architectural Review and Planning Board (ARPB). After reviewing the various comments, it was the Committee's view that, despite Mr. O'Boyle's public statements that the great bulk of the Design Manual should be repealed and design matters left to individual decisions by residents, this was not the desire of our residents. The comments received were very specific and there was no suggestion that there should be a broad review of the Design Manuel or in fact a repeal of any sort. As a result the Committee concluded to work with the Town Staff and deal with each of the specific suggestions presented. As it began its deliberations, the Committee was advised that it was purely an advisory group and that while it would make recommendation to the ARPB and Town Commission, it was not a decision making body and thus would not be subject to certain procedures applicable to decision making bodies. The Committee was also advised that it was bound to the provisions of the "Sunshine" law. The Committee consulted with the Town Staff and Mr. Randolph, Town Attorney, on compliance with this statute. Attached to this Introduction is a document prepared by Town Staff that lists seven specific recommended changes to the Design Manual. One of these seven relates to the landscape provisions and contains a number of sub - recommendations. When our Committee looked at the first draft of this list, we were a bit shocked that our work product looked so limited. Upon reflection it seems to us that this initial reaction on our part fails to recognize the basic nature of our project. We were engaged in a review and culling process and a tremendous amount of our time and efforts were spent on discussing and studying items that were ultimately rejected. An example is the issue of the location of a certain type of "accessory structures" that is, mechanical equipment. More and more people are placing pool pumps, pool heaters and generators on the rear most parts of lots. We had very interesting discussions of these issues that took a great deal of our time. In the final analysis we decided not to recommend any change in required location. No changes were made relating to metal roof materials, plastic fence materials and, to some extent, fence heights. The other reason why we ended up with a limited list of recommendations is simply that the Design Manual is a good document. The professionals on the Committee spoke often of the quality of the Design Manual and how they know where they stand when they are working in Gulf Stream. They stated that they are able to give their clients accurate advice. The Committee was impressed that not only was the Design Manual the product of a very, very detailed effort at the time it was created but since it's inception in 1995 it was reviewed in 1997 and again on numerous occasions by the ARPB. Probably the most significant recommendation of the Committee is that a "Waiver" provision be added to the Design Manuel. This provision would only relate to requirements in the Design Manuel and would give flexibility to the ARPB and Town Commission to waive provisions when the stated criteria are met, if they chose to do so. It was the Committee's belief that there are situations where resident proposals should be granted, even though the situation does not meet the strict requirements for a Variance. There are a few observations that the Committee wishes to make that are not in the category of formal recommendations. The Committee, throughout the process, became ever increasingly aware that Place an Soleil is a bit of a community unto itself. It is the Committee's consensus that efforts should be increased to understand and respect that PAS is different than the other parts of Gulf Stream on the barrier island. It is very different than the Core area and steps should be taken to have a continuing dialog with the PAS Homeowner's Association so that the Commission and ARPB will understand the desires of the great majority of the residents of PAS. There is no apparent reason why PAS can't have requirements that their residents desire. The problem is that there is no established way for the feelings of the silent majority to express their views. For example, in the course of the Committee's work a resident of PAS sent out a blast E mail to well over 50 residents of PAS asking them to communicate to us on an issue. The Committee received about ten communications of some sort. The dilemma is that in situations such as this, one does not know where the other 90 residents of PAS stand. The PAS representative on the Commission and the PAS Homeowner's Association could and should serve a very valuable roll. Specific items, while still consistent with the general Gulf Stream approach, could be custom fitted to the PAS community when a clear majority view is expressed by proper representatives. Finally, the Committee in its work received valuable input from our community; some in the formal way described above and some more informally because of the resident's knowledge of who was on this Committee. It became clear to the members from this input that there needs to be work done on making our residents feel more like "customers ". The perception tends to be that the Town likes to say "no" when interpreting the Design Manual issues. When the members of the Committee inquired on specific resident's issues they often found that the staff of the Town was going to great lengths to find a way to accommodate the resident, but in no way were they communicating to the resident about their efforts on the resident's behalf. Many of the problems raised with the Design Manual are, in fact, problems of perceived attitude and communication. The Town staff needs help in understanding how to communicate with residents. From time to time it can be difficult to deal with the Town's residents. An educational program for the staff, perhaps with professional help, should be implemented. The Commission should also give consideration to creating the volunteer position of a Town ombudsman to aide this communication process. In closing this report, the entire Committee wishes to thank the entire staff of the Town for their counsel and help in this process. Our special thanks to Rita and Bill. Their input and knowledge of the oral history of our wonderful Town were most helpful, if not essential. INTER - OFFICE MEMORANDUM Via.: TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER WILLIAM H. THRASHER DATE: May 8, 2014 TO: ARPB chairman and ARPB members (copy provided to Town Commission) RE: Ad Hoc Committee Recommendations - Code Changes Section 22 -78 Regulations. Generator Noise Change "full power" or "full load" to norm running. Note: There was no discussion whether the present 72 dB(A) rating for "full load" should be changed. The rating of 72 dB(A) at full load is most likely more restrictive and thus quieter than a rating of 72 dB(A) at normal running. Establish a "Waiver" System with criteria of approval for section 70 -96 to but not including section 70- 296. Fees, exact language and placement within the existing code to be determined by the Commission. Criteria for allowing waivers: 1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. 2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. 5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of design elements within the structure. Note: The introduction of a "Waiver" system does not mandate approval by the Commission. Section 70 -187 Table of district standards. (6) Fences "Place an Soleil" front. Provide language that would allow 6' open aluminum rail fences with a minimum 2' high base of landscape material planted in front (roadside) of the rail fence and shall be maintained a minimum 3' height. Such fencing would not extend beyond the applicable outer face of the structure. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Section 66 -1. Definitions. Open Front Lawns herein referred to as view vista and applicable to front yards within the North/South and Place an Soleil Districts. A view vista is the measurement distance of the front property line. Open front lawns, view vista, shall be a minimum of 75 % of the front property line and without landscape planting exceeding mature height of 3'. The landscaped vista view, plantings over 3', shall be no more than 25% of the front property line. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Final Ad Hoc Recommendations May 8, 2014 Page 2 Definition of "Waiver" (Placement and Section location to be recommended by legal at a later date). Sec. 70 -146. Purpose. (Division 3. General Landscape Standards) (a) The landscape architectural standards have been developed to reinforce the overall character and the image of the town environment. (b) The primary objectives of the landscape standards are to: (1) Reinforce the community's identity. (2) Enhance visual quality. (3) Provide buffering. (4) Provide a pleasant environment for living areas. (5) Provide a pleasant environment for driving, walking, and other activities in the community. (c) The correct selection of plant material: (1) Beautifies the streetscape and softens buildings. (2) Controls glare. (3) Controls wind and directs breezes. (4) Provides shade. (5) Reduces evapo - transpiration rates and humidity. (6) Reinforces the identity of various districts. t � Landscape elements help to refine boundaries and reinforce the identity of the community Sec. 70 -147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. The arrangement of plant material in a random grouping or asymmetric design. (3) Manicured. Well- maintained and regularly pruned. (4) Naturalistic. Allowed to grow freely with minimal maintenance. �� w ^L FF " _ _ If 4 IY _ ..yhh.�� .�� . Iz i . a Final Ad Hoc Recommendations May 8, 2014 Page 4 Manicured, well - maintained hedges along private roadway Naturalistic entry planting See. 70 -148. Principles. Because of this diversity, no particular style or technique is encouraged or discouraged overall. Landscape issues shall sheuld be addressed on a district level basis. Some underlying principles do apply to the town as a whole: (1) Required. Minimum landscaped open space of 40 percent of the lot area (pool decks and driveway area shall not count towards the 40 percent open space) Irrigation shall be provided consistent with Section 66 -399 of this code. (2) Preferred. Consistency of neighborhood maintenance techniques Consistency of neighborhood plant material, scale, massing, and selection Controlled and planned use of exotics Efficient irrigation Protection and enhancement of existing plant material Semi - pervious driveway material (Chattahoochee stone, pavers) Use of natives Xeriscaping techniques (3) Discouraged. Hedges over four feet if located within 15 feet of the ICW W or seaward of the 1978 CCCL Invasive, e e4:e e e Aea-.- species Large expanses of impervious driveway materials (4) Prohibited. In Place Au Soleil, hedges over four feet if located within 15 feet of a canal as measured from the landward edge of the seawall cap. Any hedges currently existing which are in contravention of this provision shall be removed or brought into compliance no later than September 1, 2005. Chainlink fence unless concealed 100 percent by plant material Driveway materials using primary or bright, bold colors (red, blue, etc.) Painted driveways Removal of any plant material within the right -of -way without town approval Removal of trees and palms (other than invasive exotics) over eight inches in caliper without town approval of a land clearing plan Final Ad Hoe Recommendations May 8, 2014 Page 7 The provisions of this division shall apply to all new development and redevelopment, as defined by Section 58- 76, within the Town. In addition, whenever 50% of the existing vegetation in the area seen from the street is altered landscape plan and permit are required. Any landscape plan requires a separate irrigation and landscape lighting permit. Note: The Committee recommended approval of Mr. Marty Minor's landscape proposal, except for the 25% rule, and added that a separate landscape lighting and irrigation permit is required. Section 70 -166 Purpose. (Division 4. General Outdoor Lighting Standards Add the following language. "A separate landscape and /or security lighting permit is required" for any such work. Sections 70 -99.70 -218 and 70 -238 There was consensus with all members to have these sections "reconciled" to each other so that what appears in 70 -99, with subsections 1, 2, and 3, will also appear in 70 -218 and 70 -238. For example, language prohibiting metal roofs would be added to sections 70 -218 and 70 -238. Add language at (c) Prohibited. Cedar Shakes (except Anglo Caribbean, British West Indies and Georgian) Sections 70 -238 Roofs. (a) "Or other dark colored tiles" to be added after the words "slate like ".