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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