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HomeMy Public PortalAbout07 24 14 MeetingMINUTES 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, JULY 24, 2014 AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice Chairman Smith called the meeting to order at 8:30 A.M. II. Roll Call. Present and Participating Absent With Notice Also Present and Participating: Thomas Smith Paul A. Lyons, Jr Curtiss Roach Amanda Jones Malcom Murphy Robert Dockerty Hewlett Kent William Thrasher Rita L. Taylor John Randolph Marty Minor Vice Chairman Board Member Alternate Board Member Board Member Board Member Alternate Board Member Alternate Board Member Town Manager Town Clerk Town Attorney Consultant -Urban Design Kilday III. Minutes. A. Regular Meeting & Public Hearing of 6- 26 -14. Mr. Lyons moved and Mr. Roach seconded that the minutes of the meeting of June 26, 2014 be approved and 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 f. December to be determined O Mr. Smith, Mr. Roach and Mrs. Jones were uncertain if they would be available for the September 25th meeting. Mr. Lyons suggested that the dates of the November and December be established. VI. Reorganization. A. Election of a Chairman 1 ARPB Regular Meeting & Public Hearing July 24, 2014 Mr. Roach moved that Mr. Lyons be elected Chairman, the motion was seconded by Mrs. Jones and all voted AYE at roll call. Vice Chairman Smith passed the gavel to the new Chairman, Mr. Lyons. B. Election of a Vice Chairman Mr. Roach moved to elect Mr. Smith Vice Chairman and the motion was seconded by Mrs. Jones. All voted AYE at roll call. VII. Items by Staff. A. Final Report from the Ad Hoc Committee. Town Manager Thrasher advised that the Board has been provided with some recommendations from the Ad Hoc Committee. He called attention to a list of possible code changes to be discussed at this meeting. He reminded that these are not all of the items and there will be additional to discuss at future meetings. Mr. Thrasher announced that Marty Minor is present to assist us in today's discussion. He advised that Mr. Murphy had contacted the Place Au Soleil Association, as had Commissioner White, and advised them of changes being considered. The Association has advised they do want to present comments but have not as yet completed a straw pole of the membership. They believe they will be in a position to meet with the ARPB at their next meeting, that being in September. Chairman Lyons pointed out hearing from the Association will address one of the points made by the Ad Hoc Committee that the residents of that community should have some say as to requirements that apply only in that community. 1. Recommendations -Code Amendments a. Generator Noise 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. He explained that currently the Code sets the maximum allowed at "full load" at 72 dba. He then asked Mr. Minor if he had any information about how other towns control this type of noise. Mr. Minor reported that some address this matter by noise measurement at the property line while others control it with setback requirements and screening. Mr. Minor believed that the method used in Gulf Stream is Othe most easily enforced because it ties the decibel reading to the manufacturer of the equipment. Chairman Lyons observed that it appears the noise level would be greater with the "normal running" at 72 dba than 72 dba at "full load ". Mr. Miner agreed that it seems so but he did not know what the number of the difference, or delta, would be. Mr. Roach Believed that the Town should accept the language used by the manufacturer and pointed out that most likely the only time the K ARPB Regular Meeting & Public Hearing July 24, 2014 equipment would be on "full power" would be very briefly each month or if there were to be an emergency. Chairman Lyons wanted to be sure there are an assortment of suppliers that can meet the requirements the Town now has in place. Mr. Thrasher said there are several that he know of. Mr. Roach moved to recommend that the Town change the Code requirement be changed from the 72 dba maximum at "full power" to maximum 72 dba at "normal running ". Mrs. Jones seconded the motion. Roll Call: Mrs. Jones, AYE; Mr. Roach, AYE; Mr. Smith, AYE; Chairman Lyons, NAY. b. Establishment of a "Waiver" system 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 in that hardships must be proven. He pointed out that with waivers, standards would be established and they would have to be met if a waiver were to be granted. One of those, as an example, would be that what is being asked for would be in keeping with the surrounding area. Waivers would be applied for items in the Design Manual that are listed in the Code as Discouraged or prohibited. Mr. Roach said he was basically in favor of the waivers being added but was concerned that there may be so many requests that the Manual and its contents would become useless in maintaining the character of the area. Mr. Smith observed that the list of standards to be applied to waiver requests is a very strict group which would tend to limit the number of waivers granted and Chairman Lyons concurred with this observation. The Board voiced concerns that there may be claims of favoritism being shown when waivers were granted. Attorney Randolph stated that if the Board and Commission made certain that the standards were met in every case, it should not be a problem. He added that, if it is determined waivers are to be added, he would select the proper location in the Code. Mr. Smith moved to recommend that waiver provisions be made a part of the Design Manual and Mr. Roach seconded the motion with all voting AYE, at roll call. c. Fences in Place Au Soleil OMr. Smith moved to defer action on this matter, which includes consideration of amending Section 70 -167 and Sec. 66 -1, until the report is received from the Place Au Soleil Homeowners Association. The motion was seconded by Mr. Roach and all voted AYE, at roll call. d. Open Front Lawns - Landscaping Town Manager Thrasher explained the Mr. Minor had offered these amendments for consideration and asked him to explain them. Mr. Minor explained this is basically an underline /strike out format, moving the invasive species from discouraged to prohibited and expanded 3 ARPB Regular Meeting & Public Hearing July 24, 2014 the term local common species under the exotics. It has been added that anyone doing up to 50% of their landscaping as seen from the street would have to obtain a landscaping permit and comply with the guidelines. He explained that this would still allow the weekend gardener to do some work but an overall change would need to follow the town standards. Chairman Lyons asked for an explanation of changing the application of discouraged to prohibited. Mr. Minor stated the State has prohibited certain exotics from being planted and we currently have them shown to be discouraged. In the Town's Comprehensive Plan we have them conforming to State Law. This change being recommended is to bring all documents into conformity he said. Mr. Smith moved to recommend the changes in Sections 70 -146 thru 70 -151 as suggested by the Ad Hoc Committee and the motion was seconded by Mrs. Jones with all voting AYE at roll call. Mr. Thrasher called attention to Section 70 -166 with regard to Outdoor Lighting Standards pointing out that the Ad Hoc Committee suggested adding that "A separate landscape and /or security lighting permit is required ". He explained that there are times when improvements are being made the outdoor lighting is upgraded to a level that exceeds the Code standards. Requiring a permit enables the town to monitor the work and perform the required inspections. Mr. Roach inquired if there would be a fee required for the permit and if so, why? Mr. Thrasher explained there would be a fee, the reason being cost recovery, that there are at least 3 persons involved with processing and following with inspections. Chairman Lyons stated he sees this as placing the cost on the person who is benefiting, not having all the tax payers cover the cost. Mr. Roach said he understood this but he felt paying fees in Gulf Stream and fees in Delray was over the top. Mr. Thrasher explained that there are 2 separate functions. The fees Delray charges are for the permitting and inspections while those charged by Gulf Stream are Odirected to zoning and related enforcement. He further advised that this also covers making sure the contractors involved are properly licensed which has always been a high priority for the residents. Mrs. Jones asked if holiday lighting is included in the permitting process and was advised that this matter has never been officially addressed but it was the consensus that this would be an issue at the Commission level. 4 ARPB Regular Meeting & Public Hearing July 24, 2014 Mr. Roach moved to recommend including the lighting permit language suggested by the Ad Hoc Committee in Section 70 -166, the motion was seconded by Mr. Smith and all voted AYE at roll call. e. Roofs Mr. Thrasher explained that the Ad Hoc Committee suggested that the provisions in Section 70 -99, with subsections 1, 2, and 3, be reconciled to also appear in Sections 70 -218 and 70 -238. As an example, language prohibiting metal roofs would be added to Sections 70 -218 and 70 -238. The Ad Hoc Committee suggested allowing cedar shake roofs on Anglo Caribbean, British West Indies and Georgian homes but not on Bermuda. Mr. Smith moved and Mr. Roach seconded that the suggestion from the Ad Hoc Committee be recommended with the Attorney to determine the appropriate location in Sections 70 -99, 70 -218 and 70 -238. All voted AYE at roll call. Mr. Thrasher called attention to the suggestion from the Ad Hoc Committee that "Or other dark colored tiles" be added to Section 70- 238(a). He pointed out that this is the section covering what is Required on Bermuda, Georgian, or British Colonial with Bermuda influences, at the discretion of the ARPB and Town Commission. During discussion it was pointed out that there is a home in town that has a dark roof that is brownish. It was agreed that is not the most desired appearance. Mr. Roach moved that "Or other dark colored tiles" NOT be recommended to be added to Section 70- 238(a). The motion was seconded by Mrs. Jones and all voted AYE at roll call. Mr. Smith suggested that at the September meeting, this be discussed again. He was concerned that most of those present had stated they would not be available on the scheduled date of September 25th and the first week in September is not good since that is Labor Day week. Most of those present are available for September 18th. Chairman Lyons felt there should be a meeting in September since there is not one in August. It was agreed that all would check their calendars and advise the Town Clerk what days in the week of September 15th they would be available. The Clerk advised she would let everyone know which day it will be well in advance. VIII. Items by Board Members. OThere were no items from the Board Members. IX. Public. There were no items from the Public. 5 ARPB Regular Meeting & Public Hearing July 24, 2014 X. Adjournment. Chairman Lyons adjourned the meeting at 10:20 A.M. Rita L. Taylor Town Clerk 9