HomeMy Public PortalAboutPRR 14-150909:19:59 e. m. 09 -30 -2019 1 2 1 9543000007
0913012014 09:22 Commerce Group (FAU543600807 P.002/002
RECORDS REQUEST (the "Request ")
Date of Request: 9/3012014
Requestor's Request ID!#: 901
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Asset Enhancement, Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954 -360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST; Provide a copy of all communications to or from Bill Boardman (now or
formerly) of the Town of Gulf Stream during the month of April, 2014.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON
LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY
RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF
ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF
THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION.
IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IPLELECTRONIC FORM.
NOT, AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REOUEST BE
FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS
REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costa, asserted by the Agency (as defined in Florida
Statute, Chapter 119.01(DeOnitlons)), In advance or any costs imposed to the Requestor by the Agency.
I:PINPRIFRR
09.12.14 FORM
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 10, 2014
Asset Enhancement, Inc. [mail to: records @commerce- group.com]
Re: GS #1509 (901)
Provide a copy of all communications to or from Bill Boardman (now or formally) of the Town of
Gulf Stream during the month of April, 2014.
Dear Asset Enhancement, Inc. [mail to: recordsna,commerce- erouo.coml,
The Town of Gulf Stream received your public records request on September 30, 2014. If your
request was received in writing, then the request can be found at the following link:
httn: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /22134/Paizel.asnx. If your request was verbal,
then the description of your public records request is set forth in the italics above. In future
correspondence, please refer to this public records request by the above referenced number.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. The Town will use its very best efforts to further respond to your public records request
in a reasonable amount of time.
Sincerely,
Town Clerk
Kelly Avery
From: Freda Defosse
Sent: Thursday, April 03, 2014 8:12 AM
To: William Boardman; Richard Mouw; Patricia Randolph; Ben Schreier
Subject: Town of Gulf Stream Public Records Request
Attachments: 14 04 03 Request PRR from comm members.docx
Please open the attached Word document...
Freda DeFosse
Administrative Assistant
Town of Gulf Stream
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
INTER- OFFICE MEMORANDUM
r Ley
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN MANAGER
WILLIAM H. THRASHER
DATE: April 3, 2014
TO: All Ad Hoc Committee Members
CHAIRMAN: William Boardman
COMMITTEE MEMBER: Richard Mouw
Patricia Randolph
Benjamin Schreier
RE: Records Request #C -105 - Directions for reporting Public Records Requested of you.
Listed below is a Public Records Request concerning any public records that may be in your possession.
Please read what is requested of you and forward the responsive documents to me at bthrasherna,¢ulf-
stream.ore. Please indicate how many documents you are forwarding.
Request Dated March 31, 2014. "any Public Records generated by or received the Ad Hoc Committee or any
of its members through the date of this letter. "
If you do not have any such public records, please indicate that in an email response to me at the same
email address, bthrasher @gulf - stream.org.
To assist you in complying with this request here is the official definition of a Public Record from the
State of Florida Statute § 119:
"Public records" means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business by any agency.
The Town will provide the requestor with all Ad Hoc Committee Agendas and backup materials that we
provided to you. We need you to provide to the Town with any of the above described "records" that you
have received personally and/or through e-mail (whether it is your personal e-mail account or the e-mail
account that was provided to you by the Town), text, or phone message.
Finally, if you have any questions concerning this request, please call Freda DeFosse at 561- 276 -5116
Thank you,
Bill
Kelly Avery
From: Kelly Avery
Sent: Friday, April 04, 2014 1:44 PM
To: Ben Schreier; Patricia Randolph; Richard Mouw; William Boardman
Subject: Agenda Packet 4 -9 -14
Attachments: 04 -09 Agenda Packet.pdf
Please open the attachment for the agenda packet for the next meeting.
kduy Avery
Accountant /Assistant to the Finance Director /Deputy Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483 -7427
561- 276 -5116
561- 737 -0188 fax
Confidentiality Notice: This e -mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
CHAIRMAN:
COMMITTEE MEMBER:
William Boardman
Richard Mouw
Patricia Randolph
Benjamin Schreier
Keith Williams
April 4, 2014
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON WEDNESDAY, APRIL, 9, 2014 AT 8:00 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 of the Regular Meeting of March 26, 2014.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meeting April 23, 2014
VI. Communication from the Public (3 min. maximum)
VII. Items to be considered at this meeting.
A. Continuation - Setbacks for Mechanical Equip. Sec. 70 -51(4) and
Section 70 -74
B. Continuation -Fence Heights & Materials Sec. 70 -187 6. & 7.
C. Continuation - Installation of Sidewalks & Pathways
D. Review Landscape Code Sec. 70 -146 thru Sec. 70 -150.
VIII. Items by Staff.
IX. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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.
MlN=S OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN
OF GULF STREAM, FLORIDA, ON WEDNESDAY, MARCH 26, 2014, AT 8:00 A.M. IN THE
COI•IIJISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA
I. C T.1 TO ORDER: Chairman Boardman called the meeting to order at 8:05 A.M.
II. ROLL CALL:
Present and
Participating
Absent w /notice
Also Present and
Participating
X illiam Boardman
Richard Mouw
Patricia Randolph
Benjamin Schreier
William H. Thrasher
Rita L. Taylor
Christopher O'Hare
Town I\Ianager 02
Town Clerk
Resident
Chairman Boardman inquired if there have been any contacts with regard to a selection of a Committee
Member with landscaping experience.
Town Clerk Taylor reported that there have been a couple of contacts made and the Town is waiting for
their response, which she hopes to receive by the next Commission Meeting, April 11'", as they make that
appointment.
III. MINUTES:
A. Meeting of February 13, 2014
B. Meeting of February 2S, 2014
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
February 13, 2014 minutes. All voted AYE.
Chairman Boardman stated in reference to the minutes of February 28, 2014, that he would add at the end
of the first sentence, second paragraph of VI. Communication from the Public "At the ARPB ".
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
amended February 28, 2014 Minutes. All voted AYE.
N. ADDITIONS. WITHDRAWALS DEFERRALS ARRANGEMENT OF AGENDA ITEMS•
There were none.
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. April 9, 2014 C3a 8:00 A.M.
b. April 23, 2014 ® 8:00 A.M.
Chairman Boardman announced the upcoming meeting dates.
Town Clerk Taylor read the Ad Hoc Committee Meeting Decorum.
Q
Chairman
Committee Member
Committee Member
Committee Member
Town I\Ianager 02
Town Clerk
Resident
Chairman Boardman inquired if there have been any contacts with regard to a selection of a Committee
Member with landscaping experience.
Town Clerk Taylor reported that there have been a couple of contacts made and the Town is waiting for
their response, which she hopes to receive by the next Commission Meeting, April 11'", as they make that
appointment.
III. MINUTES:
A. Meeting of February 13, 2014
B. Meeting of February 2S, 2014
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
February 13, 2014 minutes. All voted AYE.
Chairman Boardman stated in reference to the minutes of February 28, 2014, that he would add at the end
of the first sentence, second paragraph of VI. Communication from the Public "At the ARPB ".
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
amended February 28, 2014 Minutes. All voted AYE.
N. ADDITIONS. WITHDRAWALS DEFERRALS ARRANGEMENT OF AGENDA ITEMS•
There were none.
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. April 9, 2014 C3a 8:00 A.M.
b. April 23, 2014 ® 8:00 A.M.
Chairman Boardman announced the upcoming meeting dates.
Town Clerk Taylor read the Ad Hoc Committee Meeting Decorum.
Ad l loc Alating
Dl=h 26,3)14
VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM!•
Christopher O'Hare stated that he had issues � Sidi the waivers discussion at the last Ad Hoc Committee
Meeting. He continued that waivers are in effect at present, and that at many times when issues are
prohibited in the code, they are approved. hlr. O'Hare further commented that the Town's Commission
passes rules that are basically in the basement of the legal system. He continued that when a waiver is issued,
the Law is being violated in the attic. 1\Ir. O'Hare stated that the Supreme Court states that laws have to be
clear and not vague. He further stated that the Ad Hoc Committee was formed to reform the code, but
rather it is a means to approve prior behavior. Mr. O'Hare added you have to ask yourselves "Are waivers a
good idea for this Town ".
VII. ITEMS TO BE CONSIDERED AT THIS MEETING:
A. Consider Establishment of Waivers
Chairman Boardman referred to Town Counsel Randolph's requirements for granting a waiver.
1. Granting the waiver will not cause substantial injury to the value of other property in the
neighborhood wbere 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 the design elements within the structure.
Chairman Boardman stated that waivers should be granted by the ARPB and not the Town Manager. He
continued that if the ARPB turns down a request, it would then be referred to the Commission.
Town Manager Thrasher reported that the t'RPB is a recommending bode, and the normal flow would
have the request go to the Commission, for a decision.
Committee Member Mouw referred to the list stating that it gives some detail perspective to the process.
Town Clerk Taylor reported that the waivers, in everyone's opinion, would only apply to the Design
Manual. She continued that it would have nothing to do with setbacks, or lot coverage.
Chairman Boardman referred to the overlap in the Design Manual under Section 66.
Town Manager Thrasher stated that it is important to identify certain sections with regard to setbacks in
Section 70 -296. He continued that in Section 70 -296 there are glossary terms, and in Section 70 -297 there are
procedures defming what activities are further required. Town Manager Thrasher stated that some thought
should be given to where it should stop. He stated that in Section 72 -97 deals with the Chart of Review.
Chairman Boardman commented that when the final draft of the Ad Hoc Committee's recommendations is
prepared, the waiver process should be made simpler in Section 70.
N
Ad lta Meeting
Much 26, 2014
Town Clerk Taylor stated that once the Ad Hoc Committee holds their last meeting, there will be a final list
of all recommendations put together in'one package, and that will be sent to the ARPB.
Chairman Boardman stated that when the criteria is listed, there should be clear language that it is not a
waiver of right that these criteria are met. He continued that in making a decision it is in their absolute
discretion.
Committee Member Mouw commented that there has to be deniability as other issues arise, and there has
to be a way out.
Committee Member Randolph inquired how as to how that would be stated.
Chairman Boardman responded that a lawyer should write the sentence: Notwithstanding the Above. The
ARPB should have the absolute discretion to decide when and when not to grant waivers.
Town Manager Thrasher inquired whether the Ad Hoc Committee should review waiver fees.
Chairman Boardman stated that someone else should make that decision.
Town Clerk Taylor also stated that it should not be an Ad Hoc Committee decisions. She also reported that
the fees are in accordance with the fees charged by other municipalities.
Committee Member Mouw moved and Committee Member Randolph seconded to recommend the
approval of the concept of waivers along the guidelines of the following.:
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 the design elements within the structure.
G. When to and when not to grant the waiver shall be at the absolute discretion of the ARPB.
All voted AYE.
B. Setbacks for Mechanical Equipment Sec. 70 -51 (4) & Sec. 70 -74
Chairman Boardman referred to the rear and side setbacks particularly in the core and Place An Soleil. He
continued describing the equipment, e.g. pool heaters, pool pumps and generators.
Town Manager Thrasher stated that in Code Section 22 there is a special section with regard to generators,
which provides an exception for a dba of 66 or less that they can go closer to the setback.
Ad Hoc Aleeting
\lath 26, gala
Chairman Boardman reported that they can go less than 12 feet on the side if they have a smaller dba.
Town Clerk Taylor agreed and stated if they build a special case around it to lower it to lesser dbs than what
would be required if they met the accessory setback line.
Town Manager Thrasher read the Code Section on accessory setbacks. He also addressed the issue of the
challenges in the north south districts, and not in the core and Place Au Soleil districts although the language
applies to all sections of the Town. Town Manager Thrasher stated that all accessory setbacks apply to all
sides; front, rear and sides.
Town Clerk Taylor repeated that you can lower the dbs by different methods.
Town Manager Thrasher stated that the product approval sheets are used with regard to the Abatement of
Notice. He continued that residents could alter the dba by sound reducer systems, which is done at the
factory level. Town Ivlanager Thrasher also reported that the Staff does not test any systems.
Committee Member Mouw inquired regarding a setback going from 30' to 7' on the front and stated that it
seemed odd to be in the front and not on the side.
Town Manager Thrasher stated that some existing homes are challenged on the side and rear, and the only
reasonable location for their accessories is in the front.
Town Clerk Taylor reported that they have to be screened.
Chairman Boardman gave an example if there was a location in the back, front and the side, all of which
were acceptable, he inquired if the front can be the fast choice.
Committee Member Mouw stated that would create some concern.
Town Manager Thrasher responded if it is not seen or heard, and it is in a manicured location, that would
seem to resolve the concern.
Chairman Boardman continued that the front is the least objectionable noise -wise to the neighbors. He
continued discussing the issue of bunching all the accessories in the rear, which faces the house behind it.
Chairman Boardman suggested the possible adoption of a special exception category which would state you
cannot locate your accessories any closer to the rear property line than it is to your home.
Town Manager Thrasher stated that there are special exceptions for smaller lots.
Chairman Boardman reported that 20,000 sf lots allow a resident to have a generator in the back of their
property, as long as it is as close to the house, as it is to the back of their property. He continued that the
resident cannot transport their problem to their neighbor.
Ad aloe Tlmting
hl=h?b, 2114
Town Manager Thrasher inquired if Chairman Boardman would want new language for large lots.
Chairman Boardman asked how many lots in the core district and Place Au Soleil are smaller than 20,000
sq.
Town Manager Thrasher stated he did not know that answer, and referred to Code Book Section 70 -74 (B)
Special General Setbacks which relates to distances and positions of accessory structures.
Chairman Boardman inquired if bunching setbacks were greater.
Town Manager Thrasher stated that bunching is a negative aesthetic feature, and there is language that does
not allow all minor accessories in one location.
Committee Member Mouw stated that would be a difficult issue to verbalize to Town residents.
G
Town Manager Thrasher commented that any language created or proposed could limit the design of the
home, as builders' theme is symmetry.
Chairman Boardman stated that if the accessories were taken out of the backyard and put in the side yard, it
would give a full view of property.
Town Clerk Taylor suggested leaving the accessory setback line as it is, and require the equipment to either
be placed out of that area or midway between the property line and the principle structure, whichever is the
greater distance from the property line.
Chairman Boardman stated there is no easy solution. He continued the best place, in a neighborly point of
view, is in the middle of the house, on the side.
Town Manager Thrasher stated he was not comfortable with the middle of the house location, and felt that
the Town maybe challenged with that location.
Chairman Boardman suggested that 3251 Polo Drive should have a site visit regarding their bunching issues
involved with their renovations.
Town Manager Thrasher described the procedure for the Ad Hoc Committee to do a site visit
Chairman Boardman suggested pictures being taken, and brought to the nest Ad Hoc Meeting. All agreed.
Town Clerk Taylor stated that the pictures can also be a matter of record.
Ad I Inc! Meeting
March 26, 2014
C.. Pence Heights & nlaterials Sec. 70 -187 6. & 7.
Chairman Boardman inquired regarding die issue of the original 6' maximum height of fences changing in
2010 to 4' maximum fence height. He continued that fences were divided in two (2) categories; those htisible
from the street and those not risible from die street. Chairman Boardman stated that the ones not visible
from die street would allow 6' high fences in the back-yard, except near the Intracoastal. He further stated
that he read this in Code Section 70 -187, in walls and fences, and that fences over 6' are discouraged.
Town Manager Thrasher responded that this was correct. He continued that it was applicable to the
following districts: Place Au Soled, north /south, and Gulf Stream Core.
Chairman Boardman inquired why there were letters received from Place Au Soled residents requesting 6'
fences in front.
Town Manager Thrasher reported that Place Au Soled's fences over 4' visible from the roadway are
prohibited, and fences from the core over 4' are also prohibited from die roadway
Town Clerk Taylor stated that all fences with die exception of aluminum rail slhall be screened by landscape.
Town Manager Thrasher stated that there are differences and questioned if they were created for a reason
or a purpose. He inquired from Town Clerk Taylor as to why there were these changes.
Town Clerk Taylor stated that she would obtain the dates from the Ordinances and research the minutes.
Town Manager Thrasher reported that somewhere in Section 70 -187 there were changes made in 2012, and
the previous change was in 2010. He also stated that there were changes in 2008 and in 2003.
Town Clerk Taylor stated that it may not be everything but just one (1) item that was changed.
Committee Member Mouw inquired if the 6' issue was for privacy. He noted that installing a hedge would
solve privacy issues.
Town Clerk Taylor stated there were no limitations with hedges.
Chairman Boardman read a letter from a Place Au Soled resident regarding the 4' vs. 6' fence issue in the
"Town of Gulf Stream. He also suggested changing front hedges to 6'.
Town Manager Thrasher stated that there = two (2) different districts to consider. He continued that in
the core district die low fences are an intricate part of the overall design of the homes.
Chairman Boardman reported that in die core there are ficus hedges which are much higher than 6'.
Committee Member Mouw stated that it is all about aesthetics.
Ad Clod Tlcaing
M=h?fi. 2n4
Town Manager Thrasher stated that a chain fence is not considered decorative and, therefore, there are
mismatched materials. He presented an example of a fence that was attached to the front comer of a house,
and connected that high fence to the house next door (owned by the same person) to that front comer and
went beyond the outer comers of both houses.
Town Clerk Taylor commented that they could have legitimately have installed G' down the sides.
Chairman Boardman inquired how the members felt regarding C high fences in the front
Town Clerk Taylor referred to the section of fences under #G in the last column which is the Place Au
Soleil column, she read "Fronting property solid, e.g. stockade or painted shadow box are both discouraged".
She continued that if a fence was to be put in the front, it would need approval of the ARPB and
Commission.
Chairman Boardman stated that this is very important. He asked that Staff research the history, as to why
this provision was apparently changed from G' to 4' in the front
Town Clerk Taylor repeated that she still obtain the Ordinances for the dates listed, and research the
minutes of the appropriate dates.
Chairman Boardman stated that the Staff also had issues that were not on the original list He listed them
and suggested that they should be referred to the ARPB: questions with building color and trim, front
entrance doors, the amount of glass on the back of the structure, if on the water, 3 -stall garages, and roofs.
Town Manager Thrasher stated that when Chairman Boardman proposed waivers in the specific sections,
e.g. 70 -99, those issues could be covered by waivers.
Chairman Boardman inquired if a proposed waiver should go back to the ARPB, but not changed on the
approved list
Town Manager Thrasher stated that when you allow the concept of general waivers, things could get very
rampant He continued that it could be on the responsibility of the ARPB and Commission.
Chairman Boardman responded that the ARPB should ask themselves, "If we are going to grant a waiver,
why don't we change the code instead ". He also said they should ask themselves that Chairman Boardman
stated that his point here is that there are issues not of process but specific questions about specific
provisions of the code that the ARPB are used to dealing with, as they have the context of paint colors, etc.
Committee Member Randolph stated she agreed with the process and not getting into the nitty gritty of the
code. She continued that she felt more time should be spent on the waiver, and to learn how it would work
to stay with the process, and not the individual issues. Committee Member Randolph also stated that the
Ad Hoc Mmung
MmRh 2fi, 2014
committee should give a deep background on waivers, so residents will understand why it is there. She stated
she wants the availability of it.
Committee Member Mouw stated that each waiver should be seriously considered, as there could be
ramifications.
Chairman Boardman reported tint it should be considered if this is a one -off situation or should it be a
general application.
Town Manager Thrasher stated that a waiver could be potentially rather expensive, and it should be for the
betterment of the people.
Chairman Boardman inquired if these items listed on the sheet should be reviewed by the Ad Hoc
Committee or sent to the ARPB. He continued if they are wrong, it should come back to the Ad Hoc
Committee.
Town Manager Thrasher responded they should be sent to ARPB, as they would be difficult for the Ad
Hoc Committee to resolve.
D. Installation of Sidewalks & Pathways
Town Clerk Taylor reported that it is a very simple housekeeping thing to include the annexed area into the
North Ocean Overlay District
VIII. ITEMS BY STAFF:
There were no further comments.
IX. ITEMS BY COMMITTEE MEMBER
There were no further comments.
X. ADJOURNMENT:
Committee Member Mouw moved and Committee Member Randolph seconded to the adjournment
of the meeting. All voted AYE.
Chairman Boardman adjourned the meeting at 9:40 A.DI.
Sandra Fein
Recording Secretary
STAFF RESEARCH REGARDING FENCE HEIGHT CODE AMENDMENTS:
At the last meeting we were asked to research what amendments were
made with regard to the reduction of the maximum fence /wall heights
as seen from the front. We have tracked each Ordinance that is listed
in the Code Book at the bottom of Section 70 -187. The result is as
follows:
2 -25 -99 Informal Review by Staff to ARPB (see attached minutes)
Ord. 00 -1 The review extended over 5 months. At this time the Code
required fence to be 5' high for pool enclosures which was
the requirement for P.B. County at that time. It was later
found that the Town could go down to 4'but no lower. (see min.)
Ord. 03 -3 Nothing to do with walls or fences.
Ord. 03 -9 Added that all walls & fences to be measured from the
lowest abutting grade.
Ord. 08 -5 Nothing to do with walls or fences.
Ord. 10 -2 Added under "Required ": All walls must be screened from view
from any public or private roads by landscaping.
PVC & vinyl moved from "discouraged" to "prohibited"
Added "outside of front setback area" (see attached Minutes
of 9- 10 -10)
Ord. 12 -4 Nothing about walls or fences.
There is quite a bit of detail in the minutes of September 10, 2010
that may be helpful.
Tir. V .
rat a.aai �cu�ui ni nc v.icw a ci. naaaa i aay uuniu
February 25, 1999 � page 7
r,
trim or accent" and add two more lines, the first to read "accent colors
that overwhelm the homes appearance" and the second to read "quoins
painted a darker shade than the principal building ".
b. Consistency with architectural style
It was also agreed that amendments be made to Article VII, "Predominant
Architectural Styles" as follows: 1) In the first line under
"Preferred" in Section A.5. the word "smooth" be added after "troweled ".
2) In Section A.5. under "Prohibited" change the fourth line to read
"shades of purples, red (excluding doors), and fluorescent or other
extremely bright colors, bright yellow and bright pink as trim or
accent ". 3) In Section B.4. "Shutters" under "Preferred" add
"traditional shutter color (for example: white, black, dark green,
subtle greens, dark slate blue, dark taupe, stained mahogany, slate
gray). 4) Under "Discouraged" in Section B.4. add "non- traditional
colors for Bermuda style architecture (for example, painted brown) ". 5)
Add a "Prohibited" title in Section B.4. and a line under that to read
"extremely bright colors (for example: magenta, lime green, traffic -sign
orange, chartreuse, fuchsia, bright aqua blue, florescent colors). 6)
In Section B.6. under "Prohibited ", change the eighth line to read
"shades of purples, red (excluding doors), and fluorescent or extremely
bright colors as trim or accent ".
3. Wall and Fence Height
a. Measurement
It was agreed to change the second line in the "Prohibited" designation
of Article VI. number 7 to read "Any wall or fence over 8' (as measured
from the lowest existing grade adjacent to the wall)
b. Walls within setbacks vs. outside setbacks
The following changes to Article VI. District Standards were agreed on:
1) In the "Prohibited" designation in the Gulf Stream Core in number 6.
FENCES, after the word "Solid" add ",i.e. stockade ". 2) The title for
number 7. in Article VI. is amended to read WALLS AND FENCES: ALONG SIDE
AND REAR PROPERTY LINES AND LOCATIONS NOT VISIBLE FROM STREET. 3) In
number 4. WALLS in the "Required" designation the following is to be
added under the Beachfront District: Substantial plantings in front of
any walls or hedges along AlA.
c. Height of hedges near ICWW
It was agreed that in the "Prohibited" designation in number 7. in
Article VI., the last two lines would be changed to read "Walls and
fences over 4' located between minor accessory setback line and waters
connected to the Intracoastal Waterway or 1978 Coastal Construction
control Line ".
d. 5' pool enclosure- exception for enclosures within 15'
of ICWW or on ocean?
It was agreed that this exception would be added in number 7. of Article
VI. where it is shown that a minimum 5' enclosure is "Required ".
It was further agreed that in Article V., Areawide Standards, Section
C•, General Landscape Standards, a third "Discouraged" item be added
Which would read "Hedges over 4' within 15' of the ICWW, or if located
Seaward of the 1978 Coastal Construction Control Line ".
." j
gegular Meeting & Public Hearing
-own Commission- February 11, 2000
Page 9
ARCHITECTURAL STYLES", DIVISION I, SECTION 70 -208 "PROPERTY
SURVEY "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 2, "SPANISH MEDITERRANEAN REVIVAL STYLE
ARCHITECTURAL STANDARDS ", SECTION 70 -221 "EXTERIOR MATERIALS,
COLORS "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 3, "GULF STREAM BERMUDA STYLE ", SECTION 70-
238 "ROOFS ", SECTION 70 -239 "WINDOWS ", SECTION 70 -240
"SHUTTERS ", SECTION 70 -241 "ENTRANCES ", SECTION 70 -242
"EXTERIOR MATERIALS, COLORS ", SECTION 70 -243 "OTHER FEATURES ";
CHAPTER 70, ARTICLE VIII, "SUPPLEMENTAL DEVELOPMENT
REGULATIONS ", SECTION 70 -269 "MAILBOXES "; CHAPTER 70, ARTICLE
IX, "APPENDIX ", SECTION 70 -298 "HISTORIC SURVEY "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (first reading)
.own Manager Garrison advised that she had some things she would like to
;scuss with the Commission before the beginning of the adoption
ocess. She called attention to the memorandum attached to the
,idinance and explained that it contains some alternative language that
;ould slightly alter what is in the ordinance in Section 35 on page 7.
?he advised that this pertains to rear setbacks on waterfront lots in
:he Core District. She and Mayor Koch had looked at aerials of lots on
he water and at different situations in order to arrive at this
:anguage. Mrs. Garrison believed this will address most problematic
s'_tuations that might arise and requested that the proposed language
rzolace what is in the Ordinance.
.'7snissioner Lynch moved and Commissioner Orthwein seconded that the
'anguage proposed in the memorandum be placed in Ordinance 00 /1. Roll
:all: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and
=yor Koch; AYE.
Own Manager Garrison advised that there had been some issues regarding
ia_ls and fences arise this past week and she felt some discussion
'Zeuld be held before considering the Ordinance. She asked the
- z�M"ftission if they felt it acceptable to have a wall higher than 6' in
:ae Core area and in Place Au Soleil, adding that she knew of none at
:is time. She suggested that walls be limited to 6' in the Core
;strict, North /South District and Place Au Soleil. She further advised
-Iat the height of the pool fence should be changed to reflect a 4'
E -ght to be consistent with the changes the Commission made to the rest
Ordinance.
'ences should be Prohibited rino asked shadowbox
thefronthyardrinttheaCore ,1dNorth /South
ad Place Au Soleil Districts, adding that it would be permitted in the
"de and rear yards. During discussion it was agreed to have the
'�adowbox fence shown as discouraged rather than prohibited.
ssioner Orthwein noted that gates are prohibited in the Core
ict and suggested that they be changed to discouraged. She
ked that any features that are discouraged would have to come for a
Regular Meeting and Public Hearing Page 5
Town Commission - September 10, 2010
OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.(first reading)
Clerk Taylor read Ordinance No. 010 -2 in title, which has been amended
and being presented on first reading this 10`h day of September, 2010.
commissioner Anderson moved and vice -Mayor Orthwein seconded to approve
Ordinance No._01.0 -2 as amended.
Commissioner Wheeler asked Mr. Thrasher for a summary of the amendment
to this Ordinance. Mr. Thrasher explained that the Code had a provision
to control the height of fences as they are positioned between the minor
accessory setback and the property line and in many cases it was not
sufficient. He said that behind the accessory line could be quite a
distance from where the fence would be placed and, therefore, the
height, the control and the type did not speak to something that was set
in from the minor accessory line and was visible from the street. Mr.
Thrasher said the amended language clarifies that and allows the Town to
control, through the Code, fences that would be located beyond the minor
accessory setback. Commissioner Wheeler asked if the ARPB opined and
signed off on this issue. Clerk Taylor said the ARPB recommended
adoption.
Commissioner Devitt asked if this type of action would typically be on
the Town's periodic list of items for action. Mr. Thrasher said this
particular item is a housekeeping matter and something staff thought was
already covered in the Code. He said it has been difficult for staff to
get the appropriate language in place and explained that it was pulled
from last month's meeting agenda because at that reading the language
was limited to fences and did not include walls. Mr. Thrasher said
this language provides the tools that are necessary to deal with the
types of activity the Town is now experiencing. He said there is still
a list of new items to be presented to the ARPB for recommendations and
then to the Commission for approval, such as the height of swimming pool
steps, which Commissioner Devitt previously brought attention to.
Commissioner Wheeler said he is satisfied with the recommendation from
the ARPB.
Clerk Taylor asked if there were comments from the Public. There were
none. There was no further discussion. All voted AYE.
Mr. Thrasher requested the Commission declare Zoning in Progress on this
matter. vice -Mayor orthwein moved and Commissioner Devitt seconded to
declare Zoning in Progress. There was no discussion. All voted AYE.
B. Items by Mayor & Commissioners
There were no items by the Mayor or Commissioners.
IX. Public.
Robert Ganger, President of the Gulf Stream Civic Association and the
Florida Coalition for Preservation, provided a brief update on the
process of building the new WalMart on Federal Highway in Boynton Beach,
which is located near the entrance to Place Au Soleil. He also updated
r -- .'-_ r,,T ... H WalMart on Federal Highway
AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, AMENDING THE TOWN'S
CODE OF ORDINANCES, AT SECTION 70 -187, TO
PROVIDE FOR THE REQUIRED SCREENING OF
FENCES FROM PUBLIC AND PRIVATE ROADWAYS
AND TO PROHIBIT SPECIFIC TYPES OF FENCING;
AMENDING, AT SECTION 71 -4, SITE
DEVELOPMENT REGULATIONS FOR THE GULF
STREAM DESIGN MANUAL FOR RM WEST AND RM
EAST MULTIPLE - FAMILY RESIDENTIAL
DISTRICTS, TO INCLUDE NEW LOT COVERAGE
AND BUILDING SEPARATION REQUIREMENTS;
AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY
RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE
REQUIREMENTS FOR FENCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Article IV, Section 70 -187, Table of district standards,
subsection 6, Fences, and subsection 7, Wall and Fences: Along Side and Rear Property
Lines and Locations Not Visible From Street, to read as follows:
Section 70 -187. Table of district standards
4. WALLS
(applicable to all walls located between the street and the minor accessory setback line and for all
walls visible from public and private roadways. The measurement of all walls referenced herein
shall be from the lowest wade adiacent to the wall.)
Zoning Districts
Gulf Stream
Core
Ocean West
Beachfront
Norlh/South
Place au
Soleil
Required
q$feet
walls musk
be seFeened
by
Any walls eF
fen es long
�"�.zi Enust
be sereetied
by
Walls must be finished on both sides.
All walls shall be screened from view from any public or private roadway
by landscaping.
age to to exceed more
c&ffibittatien architecture architecture than 75% of e-etnbiaatfan
Correspond frontage Correspond
to
architecture to . .
Discouraged Use as Entry or
perimeter accent wall
Prohibited
--
Walls over 4
------- •-- .....•..
Walls and
,,, .Ducats, uecorauve
Walls and
Ule,
Walls
bandin , etc.
North/South
feet
entry piers
entry piers
and
entry piers
Walls over 4
feet
Perimeter
over 6 feet
over 8 feel
over 6 feet
Perimeter
Fences
walls
measured
measured
measured
walls
9s qPrPeraQ
Entry piers
from the
from the
from the
Entry piers
from View
over 5 feet
lowest grade
lowest grade
lowest grade
over 5 feet
f�emAny
adjacent to
adjacent to
adjacent to
publiEee
p4vate
the wall
the wall
the wall
reatlx'ay -b3`
lttn
Walls less
All fences, with the exception of aluminum rail fencing, sliall
be screened
from view from any public or private roadway by landscaping
than 12-F ant
Fences must be finished on both sides or screened
Consistent with architectural st le of hOuse
Preferred
from AlA
r.o.w. line
Unfinished concrete block (painted block is not considered "finished ")
Open bond "web"
Solid continuous exposed walls
Walls closer than 7.5 feet to the edge of street pavement
Walls on the rights- of -wav or in visibility trinnalnc
Section 70 -187. Table of district standards
6. FENCES
(applicable to all fences located between the street and minor accessory setback line and
for all fences visible from public and private roadways. The measurement of all fences
referenced herein shall hp. frnm th,
Zoning Districts V
Gulf Strewn
Ocean Nest
Beacl front
North/South
Place all
Core
Soled
Required
_--s must
Fences
be sereened
9s qPrPeraQ
€rattiiew
from View
4refn A 1
f�emAny
by
landscaping
publiEee
p4vate
reatlx'ay -b3`
lttn
All fences, with the exception of aluminum rail fencing, sliall
be screened
from view from any public or private roadway by landscaping
Pools: 4 feet minimum
Fences must be finished on both sides or screened
Consistent with architectural st le of hOuse
Preferred
Low-open Low -onen Consistent I rnncictenl Mn
DISWLLCAgCd
ututcuat
PQVG,-plasqe nVn 1 ro6iio PVC PAL
.laude — , �yhww pVc Flastie
Solid (or (for try} em4%4 or vinyl
Solid (for Fronting
example, example, property
stockade or
Required
stockade or Solid (for
shadowbox)
shadowbox) example,
Unpainted stockade or
Preferred
shadowbox)
Prohibited
Unpainted
Over 4 feet 1 Over 6 feet Over 8 fee[ I Over 6 fied-1 Over 4 feet
PVC. Plastic or vinyl
Chainlink (unless concealed by plant material)
Prohibited
Fences closer than 7.5 feet to the edge of street pavement
Fences on rights-of-way or in visibilit y triangle
7. WALLS AND FENCES: ALONG SIDE AND REAR PROPERTY LINES AND
LOCATIONS NOT VISIBLE FROM STREET (Outside of front setback area. The
measurements of all walls and fences referenced herein shall be from the lowest grade
adiacent In the- wnll n, f......e i
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 71, Gulf Stream Design Manual for RM West and RM East
Multiple - Family Residential Districts, Section 71 -4, Site Development Regulations, to
read as follows:
Sec. 71 -4. Site Development Regulations.
Below is a listing of required site development regulations for
multiple - family and single - family dwellings with the two multiple - family
districts. Single family homes are encouraged within these districts as the
incentives for such development have been identified in the table below.
MF - East District I MF - West District
Zwtin Districts
Gulf Stream Ocean West Beachfront Norih/South Place all
Core Soleil
Required
Pools — 4 feet minimum
Walls must be finished on both sides
Fences must be two -sided or screened.
Preferred
Consistent with architectural le
Discouraged
Walls or Walls or Walls or
fences over fences over fences over
6 feel. 6 feel. 6 feet.
Prohibited
PVC plastic or vinyl
Chainlink (unless concealed by plant material)
Any wall or fence over 8 feet, as measured from the lowest grade adjacent
to the wall or fence.
Walls and fences over 4 feet located between minor accessory setback line
and waters connected to he Intracoastal Waterway or the 1978 CCCL.
Solid continuous exposed walls.
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 71, Gulf Stream Design Manual for RM West and RM East
Multiple - Family Residential Districts, Section 71 -4, Site Development Regulations, to
read as follows:
Sec. 71 -4. Site Development Regulations.
Below is a listing of required site development regulations for
multiple - family and single - family dwellings with the two multiple - family
districts. Single family homes are encouraged within these districts as the
incentives for such development have been identified in the table below.
MF - East District I MF - West District
Width
Front (rectangular)
100
100*
100
100
Front Point
(pie shape)
100
40
100
40
Depth
100
100
100
75***
Maximum Lot Covera Le
30%
30%
30%
30o /n
Min.Buildine Separation
15'
NA
IS
NA
Min. Unit Size
One Bedroom
1000
NA
1000
NA
Two Bedroom
1250
NA
1250
NA
Three Bedroom
1600
NA
1600
NA
Four Bedroom
1950
NA
1950
NA
Max. Bldg. Length
150'
NA
100
NA*
Max. Facade Length
without Jog or
Reduction of stories
60'
S0'
Setbacks
Front
78' CUAIA
50' All Others
50' AIA*
25' All Others
78' CUAIA
50' All Others
50' CUAIA
30' All Others
Side
25% Avg. Width
and
25' Min.
30010 Avg. Width
and
15' Min.*
25% Avg. Width
and
25' Min. **
30% Avg. Width
and
l5' Min.
Rear
257CCCL
257CCCL
25'
20"1
Corner
TBD
TBD
TBD
TBD
MF - Multi -story
Landscape
Required
Preferred
Required
Preferred
SF incentive
If 2 stories or less - multi - family use 30190 width/15' min.
***Front setback reduced to 25' min. if specific standards for review met
Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 71, Gulf Stream Design Manual for RM West and RM East
Multiple- Family Residential Districts, Section 71 -7, Multiple - Family Residential Design
Guidelines, to add a new Subsection (n), Fences, to read as follows:
Section 71 -7. Multiple - Family Residential Design Guidelines.
(o) Fences and walls Walls and fences within the RM Cast zoning district
Shall follow the fence and wall requirements of the Beachfronl zoning district as
described in Section 70 -187 of this code. Fences and walls within the RM West zoning
district shall follow the fence and wall requirements for the Ocean West zoning district,
be given effect without the invalid provisions or applications, and to this end the
Provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first reading this
10thday of Seu� er , 2010, and for a second and final reading on this 8th day
Of October , 2010.
Commissioner
Commissioner
ATTEST: p
�iLOL_
Clerk
memorandum
TO: William Thrasher
Town Manager
FROM: Marty R.A. Minor, AICP
DATE: January 10, 2014
RE: LANDSCAPE CODE TEXT AMENDMENT
ki I da
STUDIOS
Urban Planning and Design
Landscape Architecture
Communication Graphics
Pursuant to your request, the proposed text amendment to the Town's Landscape Code and to correct
an omission within the Windows section of the Gulf Stream Design Manual.
The proposed text amendment (attached) makes the following changes:
• Within Section 70 -148 the suggestion that landscaping issues be addressed on a district level
has been changed to a requirement and the requirement for irrigation has been added.
• Within Section 70 -148, the list of exotic plants under the "Discouraged" heading has been
expanded and moved to the "Prohibited" list. The list has been expanded to include more
exotic, invasive species that are common in South Florida. In addition, this change is consistent
with Policy 6.1.3.1. of the Conservation Element of the Town's Comprehensive Plan, which
states: "All nuisance and invasive exotic vegetation shall be removed at the time of
development or redevelopment of a site."
• New Section 70 -151 has been added. This section makes the landscaping standards apply to
new development and redevelopment. The section also requires a landscape permit from the
Town for property owners who revise or replace more than 25% of the existing vegetation.
• Within Section 70 -101, Windows, the requirements have been revised to prohibit undivided
windows over three feet in width or larger than 16 square feet visible from the street or
waterway.
Please review the proposed amendments and let me know if you have any additions, deletions or
revisions.
r17T. P
PROPOSED CODE AMENDMENT
Sec. 70 -146. Purpose.
(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.
' 4
M
1 -'
t
.Y
f
Landscape elements help to refine boundaries and reinforce the identity of
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) h formal. 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.
__N. „ h - Fy..
i '� ','dl
Informal, multi- layered
planting
Manicured, well- maintained
hedges along private roadway
Naturalistic entry planting
Sec. 70 -148. Principles.
Because of this diversity, no particular style or technique is encouraged or discouraged overall.
Landscape issues shall sheeld 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 ICWW or seaward of the 1975
CCCL
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
The use of synthetic or artificial plant material
Tire strip driveways
Invasive. exotic species:
Australian pine (Casuarina spo.), except where permitted in the North Ocean
Boulevard Overlay District
Brazilian Pepper Schinus terebinthefolius
Meleleuca (Meleleuca quinouenervia)
Old -World Climbing fern (Lvgodium microohvllum)
Air Potato Vine (Dioscorea bulbifera)
Carrotwood (Cuyanioosis anacardiodies)
Earleaf Acacia (Acacia auriculiformis)
Scheftlera (Schefflera actinophylla)
Kudzu (Pueraria montana var. lobate)
(0)'d. No. 00 -1, §§ 49, 50, 3- 10 -00; Ord. No. 04 -9, § 3, 2- 11 -05)
Sec. 70 -149. Typical native plants.
Listed below are some of the native plants that are appropriate and presently fn„nd in rl,a +,,,,,n.
(1) Ground covers.
Tall Sea Ox -Eye Daisy
Borrichia arborescens
Swordfern
Nephrolepis exaltata
(2) Shrubs.
Laua'e, East Indian Wart
FFem
Polypodium phymatodes
Cocoplum Chrysobalanus icaco
Firebush Hamelia patens
Wax Myrtic Myrica cerifera
Hobe Sound Dwarf Cocoplum Chrysobalanus icaco
Hawaiian Beach Berry Scaevola frutescens
— — - -I
(3) Paints.
Royal Palm Roystonea elata
Paurotis Palm Acoclorrhaphe wrightii
Saba] Palm Sabal palmetto
r-
(4) Trees.
+Daboon
Holly Ilex cassine
Sea Grape
Coccoloba uvifera
- - -`
Satin Leaf
Chrysophyllum oliviforme
r
Pitch Apple IClusiarosea
Live Oak
Quercus virginiana
Mahogany ISwieteniamabagoni
Gumbo Limbo
Bursera simaruba
Buttonwood
Conocarpus erectus
Sec. 70-150. Other plants used in the town.e
(a) The following are examples of materials presently found in the town-
(1) Ground
covers.
Chinese Taro
Alocasia cuculata
Swordfern
Nephrolepis exaltata
Laua'e, East Indian Wart
FFem
Polypodium phymatodes
Peace Lily
Spathiphyllum clevelandi
-Dwarf
Peace Lily
Dwarf Confederate
Jasmine
Spathiphyllum "Wallisii"
Trachelospermum jasminoides
"Minima"
(2) Tali shrubs.
Southern Wax Privet
Ligustmm japonicum
Oleander
Nerium oleander
Kopsia
Ochrosia parviflom
Truk Island Beach Berry
IScaevoIakoenigii
Hibiscus
Hibiscus rasa sinensis
Sandankwa Viburnum
Viburnum suspensum
Ficus
Ficus spp.
(3) Shrubs.
Surinam Cherry
Eugenia uniflora
Gardenia
Gardenia jasminoides
hcora
Ixom'Singapore','Maui',Nora Grant','Super
King' etc.
Dwarf Oleander
INerium oleander' Petite salmon'
Tobim
Pittospomm tobira
Crepe Jasmine
Tabemaemontana divaricata
Chalcas
Murraya paniculata
(4) Vines.
Brown Bud Allamanda
Allamanda cathartica'Hendersonii'
Bougainvillea
Bougainvillea spectabilis
Monstera or Ceriman
Monstera deliciosa
Confederate Jasmine
Trachelospermum jasminoides
(5) Palms.
European Fan Palm
Chamaerops humilis
Areca Palm I
Chrysalidocarpus lutescens
Coconut Palm
Cocos nucifera "Malayan"
Coconut Palm
Cocos nucifera "Maypan"
Senegal Date Palm
Phoenix reclinata
Pigmy Date Palm
Phoenix mebelenii
(b) Two excellent reference books are:
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and
Subtropic Landscape) by Frederic B. Stresau, F.A.S.L.A.
(2) Florida Landscape Plants, Native and Exotic, revised edition, by John V.
Watkins and Thomas J. Sheehan.
Section 70 -151. Applicabilih, and Permittine
The provisions of this division shall apply to all new development and redevelopment as defined
by Section 58 -76. within the Town. Property owners who revise or replace more than 25% of
the existma landscapine shall comply with the requirements of this division and receive a
landscaping permit from the Town.
Sec. 70 -101. Windows
(d) Prohibited.
(1) Floor -to- ceiling windows greater than one story.
(2) Reflective or mirrored glass.
(3) Glass block visible from street.
(4) Jalousie windows visible from street.
(5) Undivided windows over three feet in width or larger than 16 square feet
visible from street or waterway.
(6) More than 50 percent of total window opening area on an elevation (there
must be a higher percentage of wall area than window area).
(7) More than 50 percent of total window opening area on a street or waterway
elevation composed of undivided panes larger than eight square feet.
(8) Sliding glass doors on the front of the house
(6) Trees.
Alexander Laurel or
Kaman
Calophyllum inophyllum
Satin Leaf
Chrysophyllum oliviforme
Cattley Guava
Psidium littorale
Pigeon Plum
Coccoloba diversifolia
(b) Two excellent reference books are:
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and
Subtropic Landscape) by Frederic B. Stresau, F.A.S.L.A.
(2) Florida Landscape Plants, Native and Exotic, revised edition, by John V.
Watkins and Thomas J. Sheehan.
Section 70 -151. Applicabilih, and Permittine
The provisions of this division shall apply to all new development and redevelopment as defined
by Section 58 -76. within the Town. Property owners who revise or replace more than 25% of
the existma landscapine shall comply with the requirements of this division and receive a
landscaping permit from the Town.
Sec. 70 -101. Windows
(d) Prohibited.
(1) Floor -to- ceiling windows greater than one story.
(2) Reflective or mirrored glass.
(3) Glass block visible from street.
(4) Jalousie windows visible from street.
(5) Undivided windows over three feet in width or larger than 16 square feet
visible from street or waterway.
(6) More than 50 percent of total window opening area on an elevation (there
must be a higher percentage of wall area than window area).
(7) More than 50 percent of total window opening area on a street or waterway
elevation composed of undivided panes larger than eight square feet.
(8) Sliding glass doors on the front of the house
Kelly Avery
From: Eric S Lichtenstein MD <eslmd @medicalcybernetics.com>
Sent: Wednesday, April 09, 2014 2:42 PM.
To: William Boardman; ad com
Cc: scottmorgan75 @gmail.com
Subject: Comments Re Gulf Stream Ordinance & Design Manual Review
Attachments: RE- Gulf Stream Code of Ordinances & Design Manual.pdf
Hello,
Attached is a pdf copy of an email I tried to send earlier today. It was rejected by the gulf - stream.org server as
undeliverable. I hope you will be able to add my comments to those of the other homeowners, as we all have an interest
in the successful completion of your deliberations.
Thank you for your efforts,
Eric Lichtenstein, MD
2735 Avenue Au Soleil
561 -266 -5725
Subject: Gulf Stream Code of Ordinances & Design Manual
From: Eric S Lichtenstein MD <eslmd @medicalcyberne cs.com>
Date: 4/9/201412:24 PM
To: adcom @gulf - stream.org, sco morgan75 @gmail.com, RWGanger @bellsouth.net,
jorthwein @gulf - stream.org, dwhite @gulf- stream.org, tstanley @gulf - stream.org, plyons @gulf-
stream.org, tsmith @gulf - stream.org, mmurphy @gulf- stream.org, ajones @gulf - stream.org,
rdockerty @gulf - stream.org, hkent @gulf - stream.org, wboardman @gulf - stream.org,
prandolph @gulf - stream.org, rmouw @gulf - stream.org, bschreier @gulf - stream.org, fdefosse @gulf -
stream.org
Dear Gulf Stream Commission and Ad Hoc Committee Members,
Thank you all for your efforts. As you may or may not know, I previously sent a detailed
comment regarding issues with the calculation of dock and waterfront use. This issue was
one of particular concern to me, but pertains to all waterfront properties, especially
those abutting canal corners. I presented this as an area of general consideration and
applicability, stemming from analyzing my own property with regard to the regulations. I
do not know if others have voiced similar concerns. I hope that my analysis and
questions will not be discarded cavalierly,, as of limited importance -for being raised by
only a single homeowner.
I understand, from a brief review of the Ordinances and Design Manual, and experience
renovating my property, that many reviews are handled by Town of Gulf Stream officials,
without recourse to formal committee or commission presentation. It seems, however,
under these circumstances, one role of the Ad Hoc Committee is to analyze every issue
raised by home owner experiences that are presented, first for general
applicability ... could the issue affect other properties, and second for its significance
in providing clear, and appropriate guidance to everyone, now and for the future.
I have significant concerns about conflicts in the Ordinances and the Design Manual,
especially, as they do not reflect modern construction techniques and materials. There
are significant advantages in security, hurricane protection, longevity, and appearance
that are possible, but barred by the regulations. This is a major problem, probably best
left to professionals familiar with "best practices ", but should not be subject to
arbitrary determinations based upon outdated regulations, or design parameters that are
inconsistent with current materials, engineering and procedures. My own experience in
this regard concerns the choice of roofing tile ... trying to maintain the spirit of the
design parameters, but improving both hurricane and mold resistance. The white porcelain
tile I chose was rejected, for having too much shine. At that point I gave up and used
the concrete tile, with all its drawbacks. My investigations revealed, however, there
are many products available, better suited to Florida conditions, that would not alter
the character of the Town.
I would also appreciate your consideration of the Place Au Soleil fence and perimeter
wall height issue ... from the privacy point of view, for property definition, as well as
considering existing structures. The appearance of a four foot fence is little different
from that of a 6 foot fence in the same location, but there is no comparison to the
effectiveness of the six foot fence in maintaining privacy, property containment or
security. Similarly, there is the issue of landscaping... serving the dual purpose of
appearance and providing privacy. It would appear despite similar property sizes, there
are discriminatory regulations between the designated town districts... suggesting these
regulations also require review, adjustment and updating.
Sincerely,
Eric S. Lichtenstein, MD
2735 Avenue Au Soleil
Gulf Stream, FL 33483
561- 266 -5725
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 27, 2015
Asset Enhancement, Inc. [mail to: records @commerce - group.com],
Re: GS #1509 (901)
Provide a copy of all communications to or from Bill Boardman (now or formally) of the Town of
Gulf Stream during the month of April, 2014.
Dear Asset Enhancement, Inc. [mail to: records(a)commerce- wouo.corn ,
The Town of Gulf Stream received your public records requests on September 30, 2014. You
should be able to view your original requests at the following link httv://www2.gulf-
streain.org/weblink/O/doc/22134/Paizel.aWx. In future correspondence, please refer to this public
records request by the above referenced numbers.
After expending an excess of 15 minutes searching for responsive records, we have produced
partial production of the responsive documents and can be found at the same above link.
The Town may incur expenses for the production of documents. You are responsible for the
costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a
special service charge for the labor needed to respond to this request.
To further search for the documents that you have requested, the Town of Gulf Stream estimates
the need for .75 hours of administrative support at $36.39 per hour, the labor cost of the
personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these
documents will exceed your deposit, the Town will provide you with an initial production of
responsive records and an estimate for the production of any additional responsive records. If the
costs of production are less than the deposit, the Town will provide you with the responsive
records and a refund.
(.75 hours @ 36.39 = 27.29) = Deposit Due: $27.29 in cash or check.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. Upon receipt of your deposit, the Town will use its very best efforts to further respond to
your public records request in a reasonable amount of time.
Sincerely, Town Clerk