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