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Home My Public Portal AboutPRR 15-1887From: Jonathan O'Boyle [ mailto :ioboyle(@obovlelawfirm.coml Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second — but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014 -CC- 012274 -RF. I believe that is a Chris O'Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. 1 would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history — who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe's pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. From: OConnor, Joanne M. [ mailto :JOConnor @jonesfoster.comj Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7 /14/15 Jonathan — See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(@,jonesfoster.com Jones, foster, Johnston & Stubbs, P.A. Ilagler Center Tower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named rccipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any rniew, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. IN THE COUNTY COURT OF THE 15T" JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2014CCO12274 RF CHRISTOPHER F. O'HARE, Plaintiff, V. TOWN OF GULF STREAM, Defendant. ORDER ON DEFENDANT'S MOTION TO TRANSFER RELATED CAUSE TO CIRCUIT COURT THIS CAUSE was considered upon Motion to Transfer Related Cause to Circuit Court, and it appearing that an amended claim, counterclaim, crossclaim or third party claim was filed, which claim exceeds the jurisdiction of the county court, and it further appearing that there exists an administrative order controlling this situation authorizing the assigned county judge circuit court jurisdiction, it is, ORDERED and ADJUDGED as follows: 1. This cause is hereby transferred to circuit court upon payment of the required fee. A circuit court case number will thereupon be assigned. 2. If the moving party has not paid the transfer fee within thirty days of the filing of this order, then this order shall be vacated automatically and the moving party's pleadings shall be deemed to seek relief not exceeding jurisdiction of county court. 3. (check one) The undersigned County Court Judge, or this division's successor judge, shall serve as the presiding circuit judge until the case is resolved. The Clerk shall designate the circuit case number in the following format: Case No. 01 -1234 A( ), PENDING IN COUNTY COURT DIVISION RF, and all counsel shall so designate all pleadings hereafter. If, thereafter, the case needs to be randomly reassigned, the reassignment shall be to the circuit civil division assigned when the circuit case number was obtained. /The The undersigned County Court Judge declines to hear the matter as an Acting Circuit Judge and the Clerk is directed to earalmW assign the matter to * Circuit DONE AND SIGNED in Chambers at West Palm Beach, Florida, this _day of 2015. SIGNED & DATED APR 2 4 2015 COUNTY COURT/ACTING T 1DGE Copies provided to: DAVID P. VITALE, JR., ESQUIRE, SWEETAPPLE, BROEKER & VARKAS, PL, 20 S.E. P Street, Boca Raton, Florida 33432; E -mail: pleadings @sweetapplelaw.com. JOANNE O'CONNOR, ESQUIRE, JONES, FOSTER, JOHNSTON & STUBBS, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402; E -mail: joconnor @jonesfoster.com. MARK J. HANNA, ESQUIRE, GMM/MADISON, PA, 201 South County Road, 43272, Palm Beach, Florida 33480 (mhanna @g3mlaw.com; eservice @g3mlaw.com). LOUIS L. ROEDER, ESQUIRE, 7414 Sparkling Lake Road, Orlando, FL 32819 (lou @louroeder.com) 0 n C7 m � � m e " m � • a" o o m -mi XV o° C o� m O x m 0 x m Y -- i CA- w � y tz- — O May 16, 2013 Topics for Discussion of Code Changes: 2. Z4 3. r4a3�4�tr 4. 5. W 4�11 01, _ yHi' ,y 4,9 7 %- Y,e Signs: a. For Sale AIA, Setbacks Not required for certain signs along AIA.,. Roof Material and Color for GS Bermuda style SF & MF. Top elevation of Seawall Caps, striving for some uniformity of height of caps in various coves. Distinguish between heights of a seawall cap and seawall (if any). Sae , 70-7 V 78' NOB Overlay,? &a -&, k& -.43/ Check for inconsistency of 3 year storm event and 10 year storm event. I think there is one but I can't remember where I saw it. FEMA minimum FFE may be going to 7.5' NGVD or 6' NAVD. 7. Landscaping code needs to be more specific and give more clarity. 8. Change language for North Ocean Overlay District to include annexed area "running from Sea Road to Pelican" .... 9. 10. Chapter 58 to be included in special magistrate's jurisdiction. (Suggested by Scott Morgan) Article VII, Division 2, Spanish Mediterranean Revival Style Y� 1 Section 70 -218 Roofs -(d) Prohibited Add the work "metal" Delete the phrase "on the streetside" that follows solar panels. Article VII, Division 3, Gulf Stream Bermuda Style Section 70 -238s �� J (a) Required After the phrase: slate -like tile, Add "or other dark color tile': (d) Prohibited Add the word "Metal" Add "solar panels" 11. (Provided by Marty Minor) In 2012, several amendments to the Town's Code of Ordinances were adopted to address several building - related issues. One of the issues addressed was the height of entry features for single family homes. The concern was that the existing code at the time allowed for entries which were out of scale with the home and the character of the neighborhood. The 2012 code chang s were new sections underlined while deleted sections were stricken: 44� , � u+ �� . Section 70 -100. Roof and eave height (a)... (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The May 16, 2013 Topics for Discussion of Code Changes First Four (4) Considered Priority Items): 1. (Priority) Roof Material and Color for GS Bermuda style SF & MF. 2. (Priority) Landscaping code needs to be more specific and give more clarity. 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. a 115 r! JGI�[� (�a5 r.fS�fl� Code Review Listing Page 2 of 13 L31 '1 v '4 +fa. Landscape elements help to reline boundaries and reinforce the identity of the community Sec. 70 -147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. The arrangement of plant material in a random grouping or asymmetric design. (3) Manicured Well- maintained and regularly pruned. (4) Naturalistic. Allowed to grow freely with minimal maintenance. s ��.- ' -',_�� :t Vii` ?: .y} '.'" 1 ��q ;.. F X1'7. wr f 11 . " { P rTTTtttttt �%, i P , r ti Code Review Listing Page 5 of 13 Minimum landscaped open space of 40 percent of the lot area (pool decks and driveway area shall not count towards the 40 percent open space) Irrigation shall be provided consistent with Section 66 -399 of this code. (2) Preferred. Consistency of neighborhood maintenance techniques Consistency of neighborhood plant material, scale, massing, and selection Controlled and planned use of exotics Efficient irrigation Protection and enhancement of existing plant material Semi - pervious driveway material (Chattahoochee stone, pavers) Use of natives Xeriscaping techniques (3) Discouraged. Hedges over four feet if located within 15 feet of the ICW W or seaward of the 1978 CCCL 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 spp.). except where permitted in the North Ocean Boulevard Overlay District Brazilian Pepper (Schinus terebinthefolius) Meleleuca ( Meleleuca ouinquenervia) Old -World Climbing fern (Lv¢ odium microphyllum) Air Potato Vine (Dioscorea bulbifera) Carrotwood (Cupaniopsis anacardiodies) Earleaf Acacia (Acacia auriculiformis) Scheffiera (Schefflera actinonhylla) Kudzu (Pueraria montana var. lobata) (Ord. No. 00 -1, §§ 49, 50, 3- 10 -00; Ord. No. 04 -9, § 3, 2- 11 -05) Code Review Listing Page 6 of 13 Sec. 70 -149. Typical native plants!Cr Listed below are some of the native plants that are appropriate and presently found in the town: (1) Ground covers. Tall Sea Ox -Eye Daisy IBorrichia arborescens Swordfem. Nephrolepis exaltata (2) Shrubs. Laua'e, East Indian Wart Fem. Polypodium phymatodes ICocoplum Chrysobalanus icaco Firebush Hamelia patens Wax Myrtle 1Myrica cerifera Hobe Sound Dwarf Cocoplum Chrysobalanus icaco Hawaiian Beach Berry IScaevola frutescens (3) Palms. i Royal Palm Roystonea elata Paurotis Palm Acoelonhaphe wrightii �Sabal Palm Sabal palmetto (4) Trees. Dahpon Holly Ilex cassine Sea Grape Coccoloba uvifera Satin Leaf Pitch Apple Chrysophyllum oliviforme Clusia rosea Live Oak Quercus virginiana Mahogany Swietenia mahagoni Gumbo Limbo Bursera simaruba 113uttonwood I Conocarpus erectus Sec. 70-150. Other plants used in the town. (a) The following are examples of materials presently found in the town: (1) Ground covers. Chinese Taro Alocasia cuculata Swordfem. Nephrolepis exaltata Laua'e, East Indian Wart Fem. Polypodium phymatodes Code Review Listing Page 7of13 Peace Lily Spathiphyllum clevelandi Dwarf Peace Lily Spathiphyllum "Wallisii" Dwarf Confederate Jasmine Trachelospermum jasminoides "Minima" (2) Tall shnibs. ISouthern Wax Privet Ligustrum japonicum 10leander Nerium oleander Kopsia Ochrosia parviflora Truk Island Beach Berry Scaevola koenigii Hibiscus rosa sinensis Viburnum suspensum Ficus spp. Eugenia uniflora rGardenia jasminoides J Ixora' Singapore', 'Maui', 'Nora Grant', 'Super King' etc. J Nerium oleander'Petite salmon' Pittosporum tobira I Tabemaemontana divaricata _— Allamanda cathartica'Hendersonii' J Hibiscus Sandankwa Viburnum Ficus (3) Shnibs. Surinam Cherry Gardenia Ixora Dwarf Oleander —--- T— (4) Vines. Tobira Crepe Jasmine Chalcas IMurrayapaniculata Brown Bud Allamanda Bougainvillea Bougainvillea spectabilis Monstera or Ceriman Monstera deliciosa Confederate Jasmine Trachelospermum jasminoides (5) Palms. European Fan Palm Chamaerops humilis 1 Areca Palm Chrysalidocarpus lutescens Coconut Palm Cocos nucifera "Malayan" Coconut Palm Cocos nucifera "Maypan" Code Review Listing Page 8 of 13 (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. Applicability and Permitting 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 existing landscaping shall comply with the requirements of this division and receive a landscaping permit from the Town. 3. (Priority) (Suggested by Scott Morgan) (Should they also be in the area wide section ?) Article VII, Division 2, Spanish Mediterranean Revival Style Section 70 -218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside" that follows solar panels. Article VII, Division 3, Gulf Stream Bermuda Style Section 70 -238s (a) Required After the phrase: slate -like tile, Add "or other dark color flat the ". -(d) Prohibited Add the word "Metal" Add "solar panels" 4. (Priority)Signs: a. For Sale AIA, Setbacks Not required for certain signs along AIA. See Sections 66-446,447, 448. 5. Suggested by Attorney Randolph for a housekeeping matter: Senegal Date Palm Phoenix reclinata Pigmy Date Palm I Phoenix roebelenii (6) Trees. (Alexander Laurel or Kaman Calophyllum inophyllum Satin Leaf I 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. Applicability and Permitting 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 existing landscaping shall comply with the requirements of this division and receive a landscaping permit from the Town. 3. (Priority) (Suggested by Scott Morgan) (Should they also be in the area wide section ?) Article VII, Division 2, Spanish Mediterranean Revival Style Section 70 -218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside" that follows solar panels. Article VII, Division 3, Gulf Stream Bermuda Style Section 70 -238s (a) Required After the phrase: slate -like tile, Add "or other dark color flat the ". -(d) Prohibited Add the word "Metal" Add "solar panels" 4. (Priority)Signs: a. For Sale AIA, Setbacks Not required for certain signs along AIA. See Sections 66-446,447, 448. 5. Suggested by Attorney Randolph for a housekeeping matter: Code Review Listing Page 9 of 13 Except for the placement of real estate signs and political signs, all signs shall first be reviewed and approved by the Architectural Review and Planning Board prior to the placement of such signs. Section 448 6. Suggested by Attorney Randolph for Code clarification: (b) Principal building. Sec. 70 -106 Color. "(2) Definition. "Principal building color" shall refer to the predeminateapproved color application to all walls of the principal building and the associated accessory structures. Principal building colors are subject to review and must be on the approved color list. (3) Requirements. All exterior walls of the principal building and the associated accessory structures shall be of uniform color across the entire principal building or associated accessory structure. This requirement shall not include trim and accent colors as those terms are defined in this code. Excluding trim and accent colors. no exterior wall of a principal building or accessory structure may contain or display more than one approved color. and no exterior wall of a principal building or accessory structure may contain or display an approved color that differs from any other exterior wall on the same principal building or accessory structure." (c) Trim. (1) Considerations. In addition to the principal— building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised in selecting a color that will not overpower or dominate the home." (3) Trinr colors. All trim colors shall be uniform in appearance for that portion of the trim element to which the approved color is applied. No trim element shall contain or displav an approved color that differs from any other color approved for that trim element." (d) Accent. (2) Definition. Accent color" shall refer to the color application to any or all building accents such as shutters, window coverings, doors, and awnings. Accent colors are not subject to approved colors, but may not include all shades of purple, primary red (except doors), or fluorescent colors. Accent colors, if used. shall be consistent, uniform and uninterrupted." Page CD70:63: Definition add "front entrance" to read "except front entrance doors ". Top elevation of Seawall Caps, striving for some uniformity of height of caps in various coves. Distinguish between heights of a seawall cap and seawall (if any). See Section 70 -78. Code Review Listing Page 10 of 13 9. Should all or a percentage of paver brick when placed in the front of a structure be counted as hardscape? 10. 78' NOB Overlay. See Section 66 -431. (This should be eliminated) 11. Windows 70 -101 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 12. Section 70 -244 Garages (d) Prohibited "Three -stall or larger except with side entry and not facing roadway. 13. Check for inconsistency of 3 year storm event and 10 year stone event. I think there is one but I can't remember where I saw it. 14. FEMA minimum HE maybe going to 7.5' NGVD or 6' NAVD. 15. Change language for North Ocean Overlay District to include annexed area "running from Sea Road to Pelican".... 16. Chapter 58 to be included in special magistrate's jurisdiction. 17. (Provided by Marty Minor) In 2012, several amendments to the Town's Code of Ordinances were adopted to address several building - related issues. One of the issues addressed was the height of entry features for single family homes. The concern was that the existing code at the time allowed for entries which were out of scale with the home and the character of the neighborhood. The 2012 code changes were (new sections underlined while deleted sections were stricken: Section 70 -100. Roof and eave height (a)... (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. Code Review Listing Page 11 of 13 (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 for entry features) (2) Discouraged Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) (3) Prohibited Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) (c) Two -story homes. (1) Preferred. Eave heights:: Beachfront and Ocean West Districts — From eight feet to 12 feet for one -story portions (from eight feet to 14 feet for entry features) All other districts— From eight feet to ten feet six inches for one -story portions (from eight feet to 14 feet for entry features) (2) Discouraged. Eave heights: Beachfront and Ocean West Districts — Between 12 and 14 feet for one -story portions (between 14 and 16 feet for entry features) ... All other districts — Between ten feet six inches and 12 feet six inches for one -story portions (between 14 and 16 feet for entry features) The 2012 amended code does not adequately address the height of new entry features as intended. As a result, the proposed entry feature does not have a specific height limitation and is limited to being consistent with the scale and proportion of the rest of the house. With regards to the flat roof proposed for the entry and loggia, flat roofs are not permitted by Section 70- 187(6). However, within the description of Gulf Stream Core district (Section 70 -28, (b)(3)), lanais are described as being used extensively throughout the district in the backyards of lots. Many of these existing lanais and loggias feature flat roofs or roofs with a very low slope. The proposed flat roof is consistent with the standards of the existing neighborhood district and, therefore, consistent with the requirements of Section 70 -107 Recommendation The proposed new entry feature and rear loggia meet all the City standards with regards to Floor Area Ratio and setbacks. As stated above, the current Town Code does not place a specific height limit on the entry feature. The proposed entry stands 14 feet in height to the top of the railing as compared to the 21.5 feet high roof ridge. Under the current code, the proposed improvements are consistent with scale and proportion of the existing house. As such, we can recommend approval of the request. Code Review Listing Page 12 of 13 It is also recommended that the Town Design Manual be amended to place specific height limitations for entry features. Below is a suggested revision to Section 70 -100 with the additions underlined and the deletions stricken. The suggested entry feature heights are generally what was approved within the original Design Manual, however, the definition of entry feature has been expanded to incorporate additional architectural features. Suggested Code Amendment Section 70 -100. Roof and eave height (a) (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable, eaves, architectural banding or other such architectural elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches Entry feature heights: From eight feet to 12 feet ... (2) Discouraged Eave heights: Between ten feet six inches and 12 feet Entry feature heights: Between 12 and 14 feet (3) Prohibited Eave heights: Less than eight feet or greater than 12 feet Entry feature heights: Less than eight feet or greater than 14 feet (c) Two -story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts — From eight feet to 12 feet for one -story portions 22 feet six inches or less for two -story portions All other districts — From eight feet to ten feet six inches for one -story portions 21 feet or less for two -story portions Entry Feature heights: All districts - From eight feet to 14 feet (2) Discouraged. Eave heights: Beachfront and Ocean West Districts — Between 12 and 14 feet for one -story portions Between 22 feet six inches and 24 feet six inches for two -story portions All other districts — Between ten feet six inches and 12 feet six inches for one -story portions Between 21 feet and 23 feet for two -story portions Entry feature heights: All districts — Between 14 and 16 feet Code Review Listing Page 13 of 13 (3) Prohibited. Buildings more than two and one -half stories Eave heights: Beachfront and Ocean West Districts — Less than eight feet or greater than 14 feet for one - story portions Greater than 24 feet six inches for two -story portions All other districts — Less than eight feet or greater than 12 feet six inches for one -story portions Greater than 23 feet for two -story portions Entry feature heights: Less than eight feet or greater than 16 feet These suggested heights will provided the needed limitation on entry features, while allowing for sufficient flexibility for quality architectural design features. The Architectural Review and Planning Board is encouraged to review the proposed amendment to ensure that the entry feature heights are consistent with the Town's architectural history and character. May 16, 2013 Topics for Discussion of Code Changes: 1. Signs: a. For Sale AIA, Setbacks Not required for certain signs along AIA 2. Roof Material and Color for GS Bermuda style SF & MF. 3. Top elevation of Seawall Caps, striving for some uniformity of height of caps in various coves. Distinguish between heights of a seawall cap and seawall (if any). 4. 78' NOB Overlay, ? 5. Check for inconsistency of 3 year storm event and 10 year storm event. I think there is one but I can't remember where I saw it. 6. FEMA minimum FFE may be going to 7.5' NGVD or 6' NAVD. 7. Landscaping code needs to be more specific and give more clarity. 8. Change language for North Ocean Overlay District to include annexed area "running from Sea Road to Pelican" .... 9. Chapter 58 to be included in special magistrate's jurisdiction. 10. (Suggested by Scott Morgan) Article V11, Division 2, Spanish Mediterranean Revival Style Section 70 -218 Roofs -(d) Prohibited Add the work "ahetal" Delete the phrase "on the streetside "that follows solar panels. Article VII, Division 3, Gulf Stream Bermuda Style Section 70 -238s (a) Required After the phrase: slate -like tile, Add "or other dark color the ". -(d) Prohibited Add the word "Metal" Add "solar panels" 11. (Provided by Marty Minor) In 2012, several amendments to the Town's Code of Ordinances were adopted to address several building - related issues. One of the issues addressed was the height of entry features for single family homes. The concern was that the existing code at the time allowed for entries which were out of scale with the home and the character of the neighborhood. The 2012 code changes were (new sections underlined while deleted sections were stricken: Section 70 -100. Roof and eave height (a)... (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The Code Review Listing Page 2 of 4 scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 for entry features) (2) Discouraged Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) (3) Prohibited Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) (c) Two -story homes. (1) Preferred. Eave heights:: Beachfront and Ocean West Districts — From eight feet to 12 feet for one -story portions (from eight feet to 14 feet for entry features) All other districts — From eight feet to ten feet six inches for one -story portions (from eight feet to 14 feet for entry features) (2) Discouraged. Eave heights: Beachfront and Ocean West Districts — Between 12 and 14 feet for one -story portions (between 14 and 16 feet for entry features) ... All other districts — Between ten feet six inches and 12 feet six inches for one -story portions (between 14 and 16 feet for entry features) The 2012 amended code does not adequately address the height of new entry features as intended. As a result, the proposed entry feature does not have a specific height limitation and is limited to being consistent with the scale and proportion of the rest of the house. With regards to the flat roof proposed for the entry and loggia, flat roofs are not permitted by Section 70- 187(6). However, within the description of Gulf Stream Core district (Section 70- 28, (b)(3)), lanais are described as being used extensively throughout the district in the backyards of lots. Many of these existing lanais and loggias feature flat roofs or roofs with a very low slope. The proposed flat roof is consistent with the standards of the existing neighborhood district and, therefore, consistent with the requirements of Section 70 -107 Recommendation The proposed new entry feature and rear loggia meet all the City standards with regards to Floor Area Ratio and setbacks. As stated above, the current Town Code does not place a specific height limit on the entry feature. The proposed entry stands 14 feet in height to the top of the railing as compared to the 21.5 feet high roof ridge. Under the current code, the proposed improvements are consistent with scale and proportion of the existing house. As such, we can recommend approval of the request. It is also recommended that the Town Design Manual be amended to place specific height limitations for entry features. Below is a suggested revision to Section 70 -100 with the Code Review Listing Page 3 of 4 additions underlined and the deletions stricken. The suggested entry feature heights are generally what was approved within the original Design Manual, however, the definition of entry feature has been expanded to incorporate additional architectural features. Suggested Code Amendment Section 70 -100. Roof and eave height (a) (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable, eaves, architectural banding or other such architectural elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches Entry feature heights: From eight feet to 12 feet ... (2) Discouraged Eave heights: Between ten feet six inches and 12 feet Entry feature heights: Between 12 and 14 feet (3) Prohibited Eave heights: Less than eight feet or greater than 12 feet Entry feature heights: Less than eight feet or greater than 14 feet (c) Two -story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts — From eight feet to 12 feet for one -story portions 22 feet six inches or less for two -story portions All other districts — From eight feet to ten feet six inches for one -story portions 21 feet or less for two -story portions Entry Feature heights: All districts - From eight feet to 14 feet (2) Discouraged. Eave heights: Beachfront and Ocean West Districts — Between 12 and 14 feet for one -story portions Between 22 feet six inches and 24 feet six inches for two -story portions All other districts — Between ten feet six inches and 12 feet six inches for one -story portions Between 21 feet and 23 feet for two -story portions Entry feature heights: All districts — Between 14 and 16 feet (3) Prohibited. Buildings more than two and one -half stories Eave heights: Beachfront and Ocean West Districts — Less than eight feet or greater than 14 feet for one -story portions Code Review Listing Page 4 of 4 Greater than 24 feet six inches for two -story portions All other districts — Less than eight feet or greater than 12 feet six inches for one -story portions Greater than 23 feet for two -story portions Entry feature heights: Less than eight feet or greater than 16 feet These suggested heights will provided the needed limitation on entry features, while allowing for sufficient flexibility for quality architectural design features. The Architectural Review and Planning Board is encouraged to review the proposed amendment to ensure that the entry feature heights are consistent with the Town's architectural history and character. JUL.15.2013 10 :15AM JONES FOSTER JOHNSTON & STUBBS JONES FOSTER -- — — JOHNSTON & STI IitHS, 1'.A. July 15, 2013 William H. Thrasher, Town Manager Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Town of Gulf Stream Our File No, 13147,1 Dear Bill and Rita: NO. 123 P.1 John C, Randolph Attorney (561) 650 -0458 Fax: (561) 650 -5300 ire ndolph@jonesfoster.com As you are aware, at Friday's Town Commission meeting, the full Commission, at the suggestion of the Mayor, requested that the ARPB give consideration to a review of the Town's zoning code, including the Design Guidelines, with the purpose of addressing issues which the ARPB and the Commission have experienced during the last year or two. The Mayor indicated she would like the ARPB to conduct this review with the thought in mind of making the codes more user friendly, Some of the areas mentioned were roof types, design and other matters including the goal of avoiding cookie cutter type homes which some have complained are the result of the current design guidelines, In addition, I believe the ARPB should give consideration to amending its sign code and, among the design guidelines, the color code, I believe substantive discussion should take place in regard to these issues and others. In the interim, I request in regard to the sign code, that a minor amendment be adopted until full review can be conducted. That amendment is proposed to pe made in Section 66-448 as set forth on attachment "A." Quite frankly, this proposed amendment to the sign code is a housekeeping matter only because, as a matter of custom and practice, the Town, to the best of my knowledge, has never required political signs to be reviewed and approved by ARPB, nor should such a review be required. As long as such signs meet the size and placement requirements of the code, no review and approval should Isle necessary. Indeed, the ARPB may wish to give consideration to abandoning the review process for any sign for the same reason, i.e., if the signs meet specific criteria as set forth in the code as to size and location, no review may be necessary prior to placement. Since 19Vt I West Palm Beach (Jupiter FLi&r Center Tower 505 South FlagLrDrivc. Suite 1100 West Palm Beach, Flm'da 33401 wwtv,jonesruster.com JUL.15.2013 10 :16RM JONES FOSTER JOHNSTON & STUBBS NO.123 P.2 William H, Thrasher, Town Manager Rita Taylor, Town Clerk July 15, 2013 Page 2 In addition to the above, I request that the ARPB give consideration to the amendments to Section 70 -106 of the code relating to color. I believe a full review of Section 70 -106 is in order but, as a temporary measure, I believe the attached amendments should be approved, The purpose again, as with the amendment to Section 66 -448, is clarification. It was always the intent of code Section 70 -106 to provide uniformity of color. The attached amendments (Attachment "B ") serve to clarify that purpose. Please place the amendments I have proposed above before the ARPB for its consideration. I understand the next meeting of the ARPB is scheduled for July 25, 2013. 1 will attempt to be there to further explain these amendments and help guide the discussion as it relates to more substantive amendments to the code. Mayor Orthwein has also been asked by the Commission to attend to explain her thoughts and the thoughts and desires of the Commission in regard to this matter. Thank you for placing these proposed amendments on the next agenda of ARPB for its consideration. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. Qohn C. Randolph JCR/ssm Enclosures pMocs113147\00001\1M1909710 door JUL.15.2013 10:16RM JONES FOSTER JOHNSTON & STUBBS NO.123 P.3 ATTACHMENT "All Section 66-448 Approval Required. Except for the placement of real estate signs and political signs, all signs shall first be reviewed and approved by the Architectural Review and Planning Board prior to the placement of such signs. JUL.15.2013 1O :16RM JONES FOSTER JOHNSTON & STUBBS NO.123 PA ATTACHMENT "B" Sec. 70 -106 Color. (b) Principal building. "(2) Definition. 'Principal building color" shall refer to the predeminateagpLoved color application to all walls of the principal building and the associated accessory structures. Principal building colors are subject to review and must be on the approved color list. recuirement shall not include trim and accent colors as those terms an the same Principal building or accessory structure." Sec. 70 -106 Color. (c) Trim. "(1) Considerations, In addition to the pr•4i5ligW- building surface, the trim constitutes an important part of the home, Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style, Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance, Care should be exercised in selecting a color that will not overpower or dominate the home." Sec. 70 -106 Color. (d) Accent. "(2) Definitions. Accent color" shall refer to the color application to any or all building accents such as shutters, window coveringsc, doors, and awnings. Accent colors are not subject to approved colors, but may not include all shades of purple, primary red (except doors), or fluorescent uninterrupted." Bill Thrasher From: Benjamin Schreier < bschreier @affinitiarchitects.com> Sent: Tuesday, December 03, 2013 4:16 PM To: Bill Thrasher Subject: Affiniti Architects - Benjamin Schreier - Ad Hoc Committee for Review of Gulfstream Land Development Regulations Mr. Thrasher, If nominated and selected to the Ad Hoc Committee for Review of the Gulfstream Land Development Regulations, I would be honored to assist. Thank you, Benjamin Schreier 561- 750- 0445,ext 117 561- 758 -9486, cell A F F IN I 'T I a r c It i t e c t s BOcA RAToN o U. _ ..., _.. i' ,, .... . CREATING LEGACY ARCHITECTURE FOR GENERATIONS 1 BENJAMIN SCHRE.IER, AIA BSCHREIERtAFFINITIA RCHITECrS.COM P: 561.750.0445 Ex,. 117 F: 561350.7872 C: 561.758.9486 Page 1 of 1 Rita Taylor From: DBLAPInc @aol.com Sent: Thursday, December 05, 2013 12:54 PM To: Rita Taylor Subject: Gulf Stream Code Review Committee Rita: I would be glad to participate on the ad -hoc committee and review the city code. Thank you, Dave Bodker Dave Bodker Landscape Architecture /Planning, Inc. 601 North Congress Avenue, Suite 105 A Delray Beach, FL 33445 ph 561 - 276 -6311 fax 561 - 276 -3869 12/5/2013 INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK RITA TAYLOR DATE: Decemberl0, 2013 TO: Mayor & Commissioners RE: Ad Hoc Committee We have enclosed three letters from persons who have agreed to serve an the Ad Hoc Committee if appointed by the Commission. You had previously appointed the Chairman, Mr. Boardman. Should any of you have additional names to consider for this committee, they can also be considered at this meeting. I believe you had decided that the committee should be made up of 5 persons. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 William Boardman 3251 Polo Drive Gulf Stream, Florida 33483 Dear Mr. Boardman: Telephone (561)276 -5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR This is to officially confirm that you were unanimously appointed by the Town Commission to serve a Chairman of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are Patricia Randolph, a Town Resident, Dave Bodker, Landscape Architect, Benjamin Schreier, Architect and Richard Mouw, General Contractor. I have mailed letters of confirmation to each and have asked them to contact me by phone to discuss meeting schedules etc. After I have talked to each one I would like to meet with you and work out the scheduling. We have a call in for Attorney Randolph and will get answers to the questions that were raised in our last conversation. If there is anything else you would like for us to do in advance preparations, please call or drop by. Verr truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone �r F T (561)276 -5116 it — Fax �C a (561)737 -0188 Town Manager WILLIAM H. THRASHER " - Town Clerk RITA L. TAYLOR Benjamin Schreier, AlA 6100 Broken Sound Parkway NW Suite 8 Boca Raton, Florida 33487 Dear Mr. Schreier: At the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman and Patsy Randolph, both Town Residents, Dave Bodker, Landscape Architect, and Richard Mouw, General Contractor. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we also need to discuss. Very truly yours, bL Rita L. Taylor d Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 Patricia Randolph 3883 Gulf Stream Road Apt. 4s Gulf Stream, Florida 33483 Dear Ms. Randolph: Telephone (561)276 -5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR This is to officially confirm that at the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman, a Town Resident, Dave Bodker, Landscape Architect, Benjamin Schreier, Architect and Richard Mouw, General Contractor. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we also need to discuss. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 JOAN N. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Richard A. Mouw 409 NE 3rd Street Delray Beach, Florida 33483 Dear Mr. Mouw: Telephone (561)276 -5116 Fax (561)737.0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR At the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman and Patsy Randolph, both Town Residents, Dave Bodker, Landscape Architect and Benjamin Schreier, Architect. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we need to discuss. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 Dave Bodker 601 N. Congress Avenue Suite 105A Delray Beach, FL 33445 Dear Mr. Bodker: Telephone (561)276 -5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR At the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman and Patsy Randolph, both Town Residents, Benjamin Schreier, Architect, and Richard Mouw, General Contractor. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we also need to discuss. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 Patricia Randolph 3883 Gulf Stream Road Apt. 4S Gulf Stream, Florida 33483 Dear Ms. Randolph: Telephone (561)276 -5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR This is to officially confirm that at the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman, a Town Resident, Dave Bodker, Landscape Architect, Benjamin Schreier, Architect and Richard Mouw, General Contractor. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we also need to discuss. Very truly yours, J Rita L. Taylor /V( Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 6 `I 0 6 COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Benjamin Schreier, AlA 6100 Broken Sound Parkway NW Suite 8 Boca Raton, Florida 33487 Dear Mr. Schreier: Telephone (561)276 -5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR At the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman and Patsy Randolph, both Town Residents, Dave Bodker, Landscape Architect, and Richard Mouw, General Contractor. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we also need to discuss. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 7Sv- a 4y5 // 7 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRE17 DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 Dave Bodker 601 N. Congress Avenue Suite 105A Delray Beach, FL 33445 Dear Mr. Bodker: Telephone (561)276 -5116 Fax (561)737.0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR At the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman and Patsy Randolph, both Town Residents, Benjamin Schreier, Architect, and Richard Mouw, General Contractor. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we also need to discuss. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 .IJ _r COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE December 16, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Richard A. Mouw 409 NE 3rd Street Delray Beach, Florida 33483 Dear Mr. Mouw: Telephone (561)276 -5116 Fax (561)737 -0168 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR At the meeting held by the Town Commission on December 13, 2013 you were unanimously appointed to serve as a member of our short -term ad hoc committee that will be reviewing certain portions of our Town Code. On behalf of the Mayor, Commissioners and Staff I take this opportunity to thank you for assisting us. We look forward to working with you. The other appointees are William Boardman, Chairman and Patsy Randolph, both Town Residents, Dave Bodker, Landscape Architect and Benjamin Schreier, Architect. We want to try to establish a meeting schedule that will be acceptable to all of you. Please call me at 276 -5116 so we can discuss this. There are also the usual government details that you are most likely familiar with that we need to discuss. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 274--96`10 Ad Hoc Committee Member Name: c k, pa, Y Address: Phone Number: -5G L 4-50 ^ G cf& 6 Fax Number: Email: On7(,Ugottrl,Win nMad- coo-, Which is the best way to contact you Email Mai regarding Ad Hoc Committee Business? Phone Fax Ad Hoc Committee Member Name: ��;�ynn C JC >� � vkl ce 4,� Address: R-�2 T � ?,7(c? 1 r F(a . 33`(-o Phone Number: " -) LI - `1 xaa Fax Number: Email: Which is the best way to contact you regarding Ad Hoc Committee Business? Email Mail Phone Fax Ad Hoc Committee Member Name: 21 C,Y\ONYCrj\ MOUW U) X/ oX Address: �hnY� QUL\ , O �3 /a VAS ovae- o& i 3 q3— Phone Number: Fax Number: 5 L\ — 2 65 — 3 9ZL Email: 1'' rA--A _N%ZCAY .X r� Which is the best way to contact you regarding Ad Hoc Committee Business? Email Mail Phone Fax 02:15:13 p.m. 12-03 -2013 1 1 1 5012708881 DEC -05 -2013 14:21 FROM:MAC MILLAN & STANLEY 5612768881 TO:5617370188 P.1/1 Mouw Associates, Inc. December 5, 2013 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 RE: Committee for Town Code Review Ms. Rita Taylor, I have become aware of a short -term ad hoc committee being formed to review certain portions of the town's codes. Please accept this letter as my request to be a part of that committee. I have over thirty -two years experience as a General Contractor working for Mouw Associates, Inc, which has been in business for fifty -six years. if you have any questions please feel free to contact me. Thank you MOUW ASSOCIATES, INC. Richard A Mouw President is General Contractors 409 NE 3rd Street • Delray Beach, Florida 33483 • Telephone (561) 276 -9640 v FAX (567) 265 -3888 Ad Hoc Committee Member Name: Ug kAVA I� StOOf r Address: ao Hfflp I-ri <oIQO 15RmIc N nl b ppg LLO#q Phone Number: 5(°1--456-9,490 Fax Number: Email: - bcci'it'e1'er G q- �ini'"�iatzhi'"�e[S•l_owt o� Which is the best way to contact you regarding Ad Hoc Committee Business? Email Mail Phone Fax JONES FOSTER JOHNSTON &STUBBS, P.A. Memo To: William H. Thrasher, Town Manager From: John C. Randolph, Town Attorney Date: January 29, 2014 Subject: Citizen Advisory Committee Exception to Financial Disclosure Question Presented Whether a citizen advisory committee ( "the Committee ") is exempt from filing financial disclosures under the "citizen advisory committee exception" in section 112.3145(1)(a)2.d, Florida Statutes, where the Committee has the power to make zoning code recommendations to the Town's planning and zoning board as well as to the Town Commission. Discussion It is likely that the Committee is exempt from filing financial disclosures under the citizen advisory committee exception in section 112.3145(1)(a)2.d, Florida Statutes, regardless of the fact that the Committee may make zoning recommendations to the Town Commission in addition to the Town's planning and zoning board. Section 112.3145(1)(a)2.d, Florida Statutes, lists some entities that fall within the definition of "local officer," which are subject to financial disclosure requirements: "A planning or zoning board, board of adjustment, board of appeals, community redevelopment agency board, or other board having the power to recommend, create, or modify land planning or zoning within the political subdivision, except for citizen advisory committees, technical coordinating committees, and such other groups who only have the power to make recommendations to planning or zoning boards" § 112.3145(1)(a)2.d, Fla. Stat. (2013). In Florida Commission on Ethics Opinions relating to the citizen advisory committee exception to financial disclosure, the determining factor as to whether a committee falls within this exception seems to be whether they have the power to make only recommendations regarding planning and zoning to a board; it does not seem to be dependent on the type of board to which the planning and zoning recommendation is made. In Commission on Ethics opinion ( "CEO ") 07 -20, the Commission explained that the last clause in the statute quoted above "expresses the Legislature's intent to exclude members of groups from filing financial disclosure where their group is a collegial body that merely advises a board." January 29, 2014 Page 2 For example, in CEO 07 -20, the Commission concluded that a non - voting, advisory member of a planning and zoning board was a "local officer" subject to financial disclosure. See CEO 07 -20 The Commission explained that the member did not fall within the advisory committee exception because the exception is for collegial bodies that merely advise boards regarding zoning and planning, not for any individual who has the power to make recommendations or advisory members of boards. See Id. Conversely, in CEO 01 -11, the Commission opined that members of community panels assembled to advise a county on its land use plan were not required to file financial disclosure since they were members of an advisory body that only had the power to make recommendations regarding planning and zoning. See CEO 01 -11; See also CEO 00 -19 (concluding that members of advisory committees to community redevelopment agencies are exempt from financial disclosure as an advisory body because "with the enactment of Chapter 2000 -243, Laws of Florida, citizen advisory committees to land- planning and zoning agencies were specifically removed from the list of local officers required to file financial disclosure, unless the appointing authority imposes the obligation on its advisory committee members by adopting a resolution to that effect. "). Therefore, here, it seems as though the determining factor as to whether the Committee is exempt from financial disclosure under the statute would be whether it is merely advising a board regarding zoning and planning. The type of board to which a committee is making its recommendations was not given weight in the Commission on Ethics opinions, and does not seem to be determinative. If the Committee is merely advising the board regarding zoning and planning, and the board may choose to adopt, not adopt, or modify the Committee's suggestions, the Committee is likely exempt from financial disclosure regardless of whether it is making zoning and planning recommendations to the planning and zoning board or the Town Commission. p: \docs \13147 \00001 \email \1 i27393.docx Rita Taylor From: Randolph, John C. <JRandolph @jonesfoster.com> Sent: Friday, January 31, 2014 11:33 AM To: Bill Thrasher Cc: Rita Taylor Subject: Ad Hoc Advisory Committee I have in a previous email advised that members of the ad hoc advisory committee looking at the Town Code need not file financial disclosure forms. Two other questions were asked, one being whether the ad hoc advisory committee members are required to be sworn in and the other questioning the need to take public comment. First, there is no requirement to swear in members of an ad hoc advisory committee. In regard to the question of whether or not the committee is required to take comments from the public, please be advised as follows. It is my understanding that the committee intends to receive comments from the public as input in regard to its deliberations. Florida law does not require that the committee receive public input, however, at all of its meetings. While the Town's ad hoc advisory committee is subject to the Sunshine Law and its open meeting requirements, the committee is not necessarily subject to the public participation requirements of the newly enacted Section 286.0114 of the Florida Statutes since the committee merely makes recommendations and does not make decisions or take any official action on propositions. Section 286.0114, Florida Statutes, became effective October 1 st, 2013 and provides for a public right to be heard on a proposition before a board or commission subject to a few exceptions. Section 286.0114(2) provides: "Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decision - making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. This section does not prohibit a board or commission from maintaining orderly conduct or proper decorum in a public meeting. The opportunity to be heard is subject to rules or policies adopted by the board or commission, as provided in subsection (4)." (§ 286.0114(2) Fla. Stat. (2013). Therefore, here, since the Town's committee is purely advisory and merely recommends action to other local governing boards, it is unlikely that the committee would be required to provide an opportunity for the public to be heard at committee meetings. Nevertheless, I would recommend, in order that the committee receive all of the input necessary to make informed decisions, that it receive public input necessary to accomplish the work of the committee. As noted by statute, however, it is appropriate for the committee to establish rules or policies relating to public input. If there are any questions please do not hesitate to contact me. JOHN C. RANDOLPH JONESFOSTER J011WON H S t V BB3, P.A, 1 INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: Ad Hoc Committee Members DATE: 2 -7 -14 RE: Correspondence from Public The attached are the communications received as a result of the the letter the Chairman sent to the residents inviting comments. The content of these is incorporated in the listing on the agenda for the February 13, 2014 meeting of your committee. Re: Design Manual of Town of Gulf Stream - ad com Re: Design Manual of Town of Gulf Stream P K Murphy <murphypk @aol.com> Wed 1/22/2014 7:30 PM Toad com <adcom @gulf - stream.org>; Dear Committee: Page I of I Having spent time attempting to gather information to help facilitate the installation of a generator on my property, It is my opinion that the process, which falls under The Design Manual of the Town, needs to be addressed. • Confusing • Not transparent • Too difficult to navigate • No one in the Town Hall seems to be knowledgeable as to the requirements It is my opinion that this procedure and the requirements should be reviewed and changed to make the process simple and straight forward. Thank you, Mrs. Daniel J. Murphy 535 Banyan Road Gulf Stream, FL https:Hmail.gulf- stream.org /owa/ 2/6/2014 Suggestions - ad com Suggestions Dee Dixson <autograph664 @gmail.com> Mon 1/20/2014 11:53 AM To:ad com <adcom @gulf- stream.org >; To Ad Hoc Committee 1. Ad Hoc committee should have a deadline for a report, say June 1. Otherwise it just drags on with no action. Page 1 of I 2. The application to run as a candidate in an election should be extended 3 or 4 weeks. This true this March in Jupiter and West Palm Beach for example. 3.Should we have "at large" candidates, plus one from Place Au Soleil and the annexed area? They could be for 2 or 3 years. 4. Does FL law require a commission to meet every month June through Sept? We would get a lot more participation if they met only 2 or 3 months in the summer. Robert J. Dixson 3900 N. Ocean Blvd. https:Hmail.gulf- stream.org /owa/ 2/6/2014 Design Manual - ad com Design Manual dgfrey @grrmi.com Mon 1/20/2014 10:17 AM road corn <adcom @gulf- stream.org >; Page 1 of 1 Please consider improvements to the town that encourage /facilitate walking; eg dedicated pathways, sidewalks„ etc. https : / /mail.gulf - stream.org /owa/ 2/6/2014 Design Manual - ad com Design Manual Preston, Andrew <Andrew.Preston @tomasmaier.com> Thu 1/23/2014 5:33 PM road com <adcom @gulf- stream.org>; Dear Committee Members, Page 1 of 1 In response to your letter dated 1/16/14 we would like to suggest that Bermuda style homes be allowed to have brown tile or wood shingle roofs. We, as owners of one of the last few Bermuda homes on the beach, feel that this would help make the style more appealing and contemporary to younger home owners. Thank you Andrew Preston & Tomas Maier https : / /mail.gulf - stream.org /owa/ 2/6/2014 Design Manual - ad corn Design Manual SEABRZDELR @aol.com Fri 1/24/2014 3:02 PM Toad com <adcom @gulf- stream.org >; Dear Ad Hoc Committee, Page 1 of 1 There was a change to the manual in October 2010 resulting in a maximum fence height of 4 feet in PAS. I posed questions on how and why this came about and received some very vague answers. Finally, I was told that it was due to a 6 foot fence that had been erected that was "ugly ". My response was that ugly is still ugly at 4 feet. If you drive through PAS, you will find that most of the older fences are 6 feet. There have been 6 foot fences erected since the new height restriction, some of which have had to be modified and some which have not. To me this indicates that residents of PAS enjoy the comfort and the style of 6 foot fencing and that this should return to it original height allowance of 6 feet. It would be greatly appreciated if your committee would consider this issue when making the latest changes in our town design manual. Kind regards, Diane M Mulvey 930 Indigo Point https : / /mail.gulf - stream.org /owa/ 2/6/2014 Fence Height Change for Design Manual - ad corn Fence Height Change for Design Manual DRMEL2000 @aol.com Mon 1/27/2014 12:30 PM road corn <adconn@gulf- streann.org >; Dear Ad Hoc Committee Members: Page 1 of 1 I am writing specifically in reference to the fence height change in October 2010 from 6 feet to 4 feet maximum. I believe that 4 foot fences do not address privacy nor safety. They are just too short. The original fences in PAS are 6 feet by choice, not mandate. That should be enough indication that residents prefer 6 foot fencing. I also think that white vinyl fences, of which we have many in PAS, are attractive, minimal maintenance, provide consistency and should be allowed again. There have been several fences erected since then that have been over the limit. The new code has not been equally enforced. This should be of great concern to us all, but especially to the residents who've had to modify their fences. Please give this concern your serious consideration, so that the fair and equitable outcome -- the original 6 foot height allowance -- may be reinstated. I thank you. Respectfully, Melanie Bazarte 940/930 Orchid Lane https:Hmail.gulf- stream.org /owa/ 2/6/2014 Fwd: Reply for Design Manual - ad com Fwd: Reply for Design Manual Frank Russo <fjrusso1l @gmail.com> Thu 2/6/2014 9:42 AM Toad corn <adcom @gulf- stream.org>; Cc:DRMEL2000 @aol.com <DRMEL2000 @aol.com>; ---- - - - - -- Forwarded message - -- From: <DRMEL2000(a)ao1.com> Date: Thu, Feb 6, 2014 at 8:07 AM Subject: Reply for Design Manual To: firussoll@lamail,cam Page 1 of 2 Hi Frank, Thank you both for your note and your support! PLEASE take another two minutes to write or forward it to the committee!!!! (and send me the copy) They need to know to make the change! adcomggulf- stream.org Thanks again, Melanie Dr Melanie Bazarte 561- 441 -9215 In a message dated 02/05/2014 10:39:23 A.M. Eastern Standard Time, firusso11(aDgmail.com writes: We are in favor of your concern and hope that this is taken into consideration. Good luck On Tue, Feb 4, 2014 at 9:39 PM, <DRMEL2000 @aol.com> wrote: Dear Ad Hoc Committee Members: I am writing specifically in reference to the fence height change in October 2010 from 6 feet to 4 feet maximum. I believe that 4 foot fences do not address privacy nor safety. They are just too short. https : / /mail.gulf- stream.org /owa/ 2/6/2014 Fwd: Reply for Design Manual - ad corn Page 2 of 2 The original fences in PAS are 6 feet by choice, not mandate. That should be enough indication that residents prefer 6 foot fencing. I also think that white vinyl fences, of which we have many in PAS, are attractive, minimal maintenance, provide consistency and should be allowed again. There have been several fences erected since then that have been over the limit. The new code has not been equally enforced. This should be of great concern to us all, but especially to the residents who've had to modify their fences. Please give this concern your serious consideration, so that the fair and equitable outcome -- the original 6 foot height allowance -- may be reinstated. I thank you. Respectfully, Melanie Bazarte 940/930 Orchid Lane https:Hmail.gulf- stream.org /owa/ 2/6/2014 Town of Gulf Stream atm. William Thrasher 100 Sea Rd. Gulf Stream, FL 33483 Dear Bill: SCOTT W. MORGAN 1140 N. Ocean Blvd Gulf Stream, FL 33483 Ph (561) 243 -1432 loo. RECEIVED DEC 16 2013 Town of Gulfstream, FL December 13, 2013 Re: Request for Input on Design Manual Changes In response to your request for input on the Design Manual, I read over the Code and, frankly, believe it to be a well written and comprehensive document that has served the Town well for many years. It gives specific guidance to architects, contractors and residents on acceptable design. I would hope a decision is made to keep the existing Manual and modify it only as needed. In particular, I believe that changing the Design Manual to eliminate the specific, itemized Requirements/Prohibitions and instead adding broad, discretion based rules would be a mistake; such rules do not give sufficient guidance and they also open up the Town to allegations of abuse of discretion. That much being said, I suggest consideration be given to modifying the following sections: Article VII. Division 2, Spanish Mediterranean Revival Style Sec. 70 -218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside " that follows solar panels Article VII. Division 3, Gulf Stream Bermuda Style Sec. 70 -238 Roofs -(a) Required After the phrase: slate -like tile, Add "or other dark color tile." - I-, It -(d) Prohibited Add the word "metal" Add "solar panels" Very truly yours, W. rg TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA 5. WHITE January 16, 2014 Dear Fellow Gulf Stream Residents, r 'VN/N ` �11 NI Telephone (561)276.5116 F= (561)737.0166 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR The Commission of the Town of Gulf Stream has appointed an Ad Hoc Committee to review and consider a series of specific changes to the Design Manual of the Town and the processes that are utilized in implementing the provisions of the Manual. The Manual has been in existence since 1995 and changes have been made periodically as deemed appropriate. Overall it is thought that the Manual has stood the Town in good stead. At the same time, there are a number of changes that should be considered, and it is the feeling of the Ad Hoc Committee that our residents should have the opportunity to propose suggestions, if they are of the opinion that parts of the Manual or the processes used in its implementation, should be altered. If you have specific suggestions, the Committee invites you to send your written comments to the Committee, in care of the Town Hall at the address below, or E mail your comments to the web address, which is also set forth below. We will appreciate your input. The Ad Hoc Committee Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 adcom@gulf-stream.org gulf- stream.ore William Boardman, Chairman David Bodker, Committee Member /4 b,J S P 1, t —/livk T Richard Mouw, Committee Member 14 O L O Patricia Randolph, Committee Member Ben Schreier, AIA, Committee Member A i r� /� v Ni �►,� `ily0 /1/I Coon 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Fences - ad corn Fences Mart Miller <MortMillerl @msn.com> Wed 2/12/2014 8:32 AM Toad com <adcom @gulf- stream.org >; Page 1 of I It has been brought to my attention that we have a requirement that no fence be over four feet. I would say a four foot fence would be too low and would only impede small dogs or infant children. I would support a change to 6 feet. R. Morton Miller 960 Emerald Row. Sent from my Pad https : / /mail.gulf- stream.org/owa/ 2/12/2014 Ad Hoc meeting Feb. 13th - ad com Ad Hoc meeting Feb. 13th Robert Smythe <RSmythe @personalizedpower.com> Tue 2/11/2014 3:04 PM To:ad cam <adcom @gulf- stream.org >; Page 1 of 1 Hello, I am the GM and electrical qualifier for Personalized Power Systems. I will be attending the meeting along with Will Ferrigno from APS, We hope we can have a few minutes to address the generator issues during the meeting. Thanks, Rob Smythe Personalized Power Systems 159 NW 11th Street Boca Raton, FI 33432 561.391 -8190 4601 S Pinemont Drive #132 Houston Tx 77041 1 -866- 221 -8100 https : / /mail.gulf - stream.org /owa/ 2/12/2014 INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: Members of the Ad Hoc Committee DATE: May 5, 2014 RE: Additional requests I should have given you the attached two letters in last weeks agenda but they some how became separated from the bunch. However, I don't think anything has been missed in that all of the items mentioned have been considered as a result of other requests except one. That one relates to use of water front and is not a part of the Design Manual but is included in Chapter 66 (Zoning). You had determined at the beginning that you would only be dealing with the Design Manual. As you can see, this is a complicated issue and as a point of info, the Town hired consultants to study the problems and arrive at the solutions that are in place in the Code(at considerable expense). If you need additional infq let me know. Eric S. Lichtenstein, MD, FACP, FACE 2735 Avenue Au Soleil, Gulf Stream, FL 33483 Telephone: 561- 266 -5725 2014 -03 -26 The Ad Hoc Committee Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Dear Committee Members; The following are my comments concerning the Gulf Stream Ordinance and regulations governing waterfront property that I hope you will consider carefully. As you will see, very significant, and appropriate changes in the Town of Gulf Stream Zoning and Design Manual should be made to assure owners appropriate and beneficial use of their property. This concerns Ordinance Number 04/9 in the Code of Ordinances of the Town of Gulf Stream dated February 11, 2005, amending Chapter 66, Zoning Article I, Section 66 -1 and related Zoning and Design Manual specifications. The ordinance was specifically designed to update regulations governing the appropriate use of waterfront property. It is apparent that a great deal of attention was given to documenting the dimensions of existing waterfront property frontages. The comment I have to make in criticism of the Ordinance concerns significant generalizations that are not consistent with marine architecture and structural practices. The definition of water frontage is clear, as are the setback requirements. The issue of useful seawall and allowable boat length for corner cove lots is, however, significantly more complicated than defined and presented. Based on the setback angles identified in degrees by the ordinance, there is clearly a trigonometric function which defines the dimensions of the usable waterfront, and the area of water that should be available for boat dockage. Attached for comparison to the Ordinance is a spreadsheet using a 60 foot waterfront corner lot, with the corner setback angle 50 °. The usable, base length of seawall is 50 feet, the 60 foot over all dimension minus 5 foot setbacks. The corner angle, and the angle at the setback, are both 50 degrees and face a triangle side of 25 feet, the distance to the demarcation line of the dolphin pilings that define the maximum dimension of the available area. The seawall dimension of that triangle is 18.5 feet and defines the fixed length of the rectangle of usable area. In this example 31.5 feet. (50 —18.5 = 31.5). That dimension remains fixed out to the 25 foot line, while the triangle side parallel to the seawall diminishes incrementally, as shown in 1 foot increments in the spreadsheet. The length of a dock extending 5 feet from the seawall would be 46.57 feet parallel to the seawall (31.5 + 15.07 = 46.7). Since the centerline of a boat hull defines the position of the hull's over all length, similarly, the maximum length -over- all (LOA) of a boat should be calculated from the distance of the centerline of the boat from the seawall, including any dock structure contribution. In setting up the spreadsheet the calculations were based on one foot intervals from the seawall to the 25 foot demarcation line of the dolphin pilings. If there is a 5 foot dock between the seawall and the side of a boat, the distance to the centerline of the boat would be 5 feet plus one half the boat "s maximum beam. In the Ordinance, the maximum boat length presented, is based on dimensions of "boat width ": boat width up to 10 feet, boat width up to 18 feet, and boat width up to 25 feet. The technical term for "boat width" is "beam ", and this dimension varies in significantly smaller increments than those allowed, and generally in proportion to the boat's length- over -all, making the Ordinance calculations significantly underestimate the length- over -all that fits into the available dock space. Also attached for example, is a picture of a typical 35 foot motorboat with its associated specifications. The length overall is actually 36 feet, including a bow projection. This LOA is associated with an 11'8" beam. As the boat is obviously over 10 feet in beam, the allowable length under the Ordinance would only be 35 feet, based on 11' 8" being more than 10 feet and less than a maximum width of 18 feet. Clearly, however, based on the calculated trigonometric progression, this typical 36 foot length overall boat would fit well within the property's dockage area without encroaching on neighboring property. The centerline of the boat, where the length overall is measured, is at one half the beam of the boat, in this case at 5.83 feet. Assuming a 5 foot wide dock and 5.83 feet to the centerline of the boat, the distance available at 11 feet off the seawall is 42 feet, rather than the 35 feet allowed in the ordinance. Clearly there is a direct relationship between the distance from the seawall to the centerline of the boat and to the overall area defined by the frontage in the setback angle in degrees. This function should be anticipated in the Ordinance and corrected in any and all pertinent Gulf Stream regulations, as noted previously, to provide owners appropriate beneficial use of their property. Sincerely, 2014 SPECIFICATIONS > LoA: 35' 11" (10.95 m) (with pulpit) > Centerline: 34' (10.36 m) (hull only) > Beam: 11' 8" (3.56 m) > Draft: 22"(0.56m) > Weight (dry, no engine): 14,200 Ibs (6,441 kg) > Swamped Capacity: 4,900 Ibs (2,222 kg) > Cockpit Depth: 28" (0.71 m) > Transom Angle: 15' > Transom Height: 30" (0.76 m) > Deadrise at Transom: 19' > Persons Capacity: 14 > Maximum Weight Capacity: 5,580 Ibs (2,531 kg) > Maximum Horsepower: 1,050 HP (782.98 kW) > Minimum Horsepower: 750 HP (559.27 kW) > Maximum Engine Weight: 2,100 lbs (953 kg) > Fuel Capacity: 400 gal (1,514.16 L) > Waste Capacity: 20 gal (75.71 U > Water Capacity: 45 gal (170.3 L) > Bridge Clearance with Hardtop: 9' 7.5" (2.93 m) > Bridge Clearance with Hardtop and Radar: 10' 10" (3.30 m) Sheetl Seawall Frontage & Boat Length Example distance off seawall under angle fixed length total LOA 0 18.5 31.5 50 1 18.09 31.5 49.59 2 17.33 31.5 48.83 3 16.58 31.5 48.08 4 15.82 31.5 47.32 5 15.07 31.5 46.57 6 14.32 31.5 45.82 7 13.56 31.5 45.06 8 12.81 31.5 44.31 9 12.06 31.5 43.56 10 11.3 31.5 42.8 11 10.55 31.5 42.05 12 9.8 31.5 41.3 13 9.04 31.5 40.54 14 8.29 31.5 39.79 15 7.54 31.5 39.04 16 6.78 31.5 38.28 17 6.03 31.5 37.53 18 5.27 31.5 36.77 Page 1 Gulf Stream Code of Ordinances & Design Manual 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 1 of 2 4/9/2014 12:31 PM building codes - ad corn building codes ILKccim @aol.com Tue 3/11/2014 4:48 PM Toad com <adcom @gulf- stream.org >; Page 1 of 1 We would like to add that we feel that allowing Metal (aluminum standing seam) roofs would be a good thing for our architectural codes. They are good looking and seem to have a good performance record during storms. Please consider adding these to our building codes. Thank you, Ingrid & Hop Kennemer 810 Tangerine Way Gulf Stream https: / /mail.gulf- stream.org /owa/ 4/10/2014 dave bodker landscape architecture /planning, inc. 601 north congress avenue, suite 105 a delray beach, florida 33445 561 - 276- 6311(ph) 561 - 276- 3869(fax) February 11, 2014 Rita Taylor,Town Clerk Bill Thrasher, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Rita and Bill: I regret to inform you that I am resigning from the short-term ad hoc committee that was formed to advise and suggest revisions to certain portions of the town of Gulf Stream design manual /code of ordinances. I have been informed that some residents may view my participation as a conflict of interest and possibly self serving because of the amount of work I have been doing in the town of Gulf Stream. To avoid any conceived improprieties, I think that it is in the town's and my own best interest to resign from the committee before any additional meetings. Thank you, Bodker 2- 11- 14qu1f stream.let TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA JOAN R. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE March 29, 2014 Keith Williams Nievera Williams Design 223 Sunset Avenue Suite 150 Palm Beach, Florida 33480 Dear Mr. Williams: Telephone (561)276.5116 Fax (561)737.0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR On behalf of the Town Commission, Ad Hoc Committee and Staff, I take this opportunity to thank you for agreeing to serve on The Town of Gulf Stream Ad Hoc Committee. Your appointment was unanimously confirmed at a Special Meeting held on March 28, 2014. Your expertise in landscape architecture is widely respected and we are very pleased to have you on our Committee. We have 2 meetings scheduled, April 9 and April 23, 2014. They are both held at 8:00 A.M. and are 1'h hours in duration in order to cause the least disruption in the business day. The Towns' landscape code does not provide adequate guidance to reinforce and strengthen the character of each of the 7 individual residential design districts. Our goal is to correct this deficiency thru code amendments. Our code is on the MuniCode website and we will also furnish you a hard copy. If you feel a copy of our Comp Plan would be helpful, we can also supply that. You may already have a copy of one or both of these since you have done some work in Town. Just let us know what you need. Very truly yours, PA - Rita L. Tavy Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Rita Taylor From: Randolph, John C. <JRandolph @jonesfoster.com> Sent: Friday, February 14, 2014 1:19 PM To: Rita Taylor Subject: Ad Hoc Committee - Code Review Rita You indicated that the ad hoc committee, at its meeting of Thursday, February 13, 2014, asked that I provide examples of "waiver" language which other communities use which could be used in place of granting a variance, specifically as it relates to matters contained within the Gulf Stream Design Manual. There are many ways to approach this matter. One is to allow for a special exception, as opposed to a variance, for matters contained within in the Design Manual. Special exceptions, as you know, are less restrictive than variances and do not require the showing of a hardship. The Town's current code lists standards for special exceptions at Section 66 -164 which, when compared with the standards for variances at Section 66 -154, are obviously less restrictive. I am not sure whether or not a special exception would be the appropriate tool, however, to use in considering modification to criteria set forth in the Gulf Stream Design Manual. Another methodology with which I am familiar is to provide for alternative development standards. Alternative development standards are used in place of the more severe standards relating to variances and contain criteria such as the following: A. The proposal will not cause substantial injury to the value of any other property in the neighborhood where it is to be located. B. Will be compatible with adjoining development and the intended purpose of the district in which it is to be located. C. Will be consistent with all relevant elements of the Town's Comprehensive Plan. D. Will not result in substantial noise, dust, glare or odor impacts on any other property in the neighborhood where it is to be located. E. The use of alternative development standards will not result in a building which is more visible from adjacent property or public rights -of -way than that which could be constructed without the use of alternative development standards. The proposal will result in a more conforming structure than the structure currently in place. G. Proposed screens and buffers are sufficient to insure compatibility of the proposed structure with adjacent properties. An alternative to each of the above is simply to provide that the reviewing authority, at the discretion of the reviewing authority may, it its sole discretion allow for a waiver to the design guidelines based upon good cause shown. If this were to be the approach, I would recommend that there still be criteria similar to some of those listed above. I will be happy to draft the appropriate language for consideration of waivers to the current design guidelines. It seems to me that the current task of the ad hoc committee is to advise staff as to whether they wish to consider waivers in the first instance and whether or not those waivers should be provided for all design guidelines or for specific design guidelines. I do not recommend that the waiver process be provided for substantive regulations relating to height, setbacks, lot coverage, etc., as I believe variances are the appropriate tool to use in those instances. I will be happy to provide further information in regard to this at your request. JOHN C. RANDOLPH JONESFOSTER -- )ous,o.es,caas.,ce, John C. Randolph Attorney DireetDial: 561.650.0458 1 Fax: 561.650.5300 1 irandolpli@e onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited Please immediately notify us by email and delete the original message. Freda Defosse From: Randolph, John C. <JRandolph @jonesfoster.com> Sent: Tuesday, February 25, 2014 4:23 PM To: Bill Thrasher Subject: Ad Hoc Committee - Waivers Aw You have asked me to provide you, at the request of the Ad Hoc Committee, language with which I am familiar which has been used in other codes relating to waivers. One such code which prohibits boats from being hoisted or davited which are over 31 feet in length and which are more than eight feet above the mean high water has a provision which states: 'These regulations may be waived by the Town Commission for good cause shown upon application filed with the Town." That particular regulation is no longer in effect, but it is an example of a waiver provision. This provision, however, is not part of the zoning code but it is a regulation relating only to hoisting or daviting boats. The Town of Palm Beach has a provision within its code which allows for dimensional waivers in certain circumstances. These waivers provide for relief from the strict application of certain dimensional requirements of the zoning code relating specifically to additions to or renovations of existing single family development constructed prior to 1980 and /or modifications to landmarked structures or properties. The granting of these waivers require certain specific criteria to be met. For example, dimensional waivers for landmarked properties provide that "The dimensional waivers may be applied to applications that seek to deviate from the strict application of the underlying zoning district regulations." In this case the waiver is only granted if the architectural design is complementary to the architecture of the building; appears subordinate to those parts of the landmarked building that materially contribute to its landmark status; does not block public views of those parts of the landmarked building that materially contribute to its landmarked status; the footprint of the building or structure between the required setback and the reduced setback is diminimus, etc. etc. Obviously, the above regulations would not apply in the event of a waiver that is under consideration by the ad hoc committee, but they are quoted to demonstrate the fact that when a waiver is allowed it contains certain criteria rather than simply allowing a waiver at the discretion of the governing body. The Ad Hoc Committee may wish to consider granting waivers using criteria similar to criteria used for the granting of special exceptions. For example: Waivers may be granted to these Design Guidelines for good cause shown upon application filed with the Town. Requirements for granting a waiver are as follows: 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. The above are examples of the type of criteria which could be considered in the event a waiver is to be granted. I hope this information is of some assistance. I will be happy to answer any questions or offer any other information relating to this matter. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolphejonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, Nest Palm Beach, Florida 33401 561- 659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Bill Thrasher From: Marty Minor <MMinor @udkstudios.com> Sent: Friday, March 07, 2014 11:20 AM To: Bill Thrasher Subject: RE: Ad Hoc Committee - Waivers Bill, To add on to Skip's email, I would add the following thoughts that the Ad —Hoc Committee may want to consider: • Waivers are generally given to the allow flexibility and to promote innovative design within the community. • It is important to list out what sections or subsections of the code will be permitted to be waived and what portions would be prohibited. For example, anything that conflicted with the Town's Comprehensive Plan (such as density) could not be waived without an amendment to the Comprehensive Plan. Would building massing standards (such as a heights, FAR, etc.) be able to be waived or would that be limited to specific architectural standards (window areas, entry features, etc.)? • 1 agree that criteria should be established for the granting of waivers by the Town Commission. The criteria should include: • Compliance with the Town's Comprehensive Plan • Consistency with the purpose of intent Town's Architectural Standards sections, or whichever section of the code is being considered for a waiver. • Compatibleness /Consistency with the character of the neighborhood • Any adverse impacts of the waiver are buffered from adjacent properties and the public right -of -way. • Consistency with the home's architectural style • Waiver will not be detrimental to the public health, safety and welfare. Any application for a waiver from a code provision should require a public hearing and notification of surrounding property owners (similar to a rezoning application). The Town should be mindful that waivers, and the extent of those waivers, could have an impact on the architectural and historical integrity of homes and neighborhoods. It is reasonable for flexibility in the architectural standards to be considered if the waivers would not detract from the overall architectural style or standards that make Gulf Stream so special. Wide- ranging waivers could be detrimental to the integrity of a particular architectural style and could result in a mixture of styles within homes and neighborhoods. I hope that this comments have been helpful. Please let me know if you have any questions regarding the above statements or need additional information. Thank you, marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561- 366 -1100 SEABRZDELR @aol.com 4/15/2014 6:52 AM to Scott Morgan, pasodonna @gmail.com,joanorthwein @gmail.com, tom @macmillanstanley.com, rwganger @bellsouth.net PAS Fence Height Dear Gulf Stream Commissioners Once again, I am writing in regards to the fence height restrictions placed on PAS in 2010. 1 would really appreciate a response with answers as to how this code change came about and why. It is my understanding that when Ad Hoc questioned returning the code to 6', the town clerk's response was that PAS is considered "open" with sweeping lawns and that Mr. Thrasher indicated that with only two letters and one public comment, this did not warrant consideration. I am not sure how much thought really went into changing this code back in 2010. Maybe the code does not need to be so broad and could allow 6' fencing around pools and be restricted to the rear property, still allowing the "open" front lawns. Please let me know how many letters and how many public comments it took to change the code to 4' in 2010. Respectfully, Diane M Mulvey 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 41but 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. ,W-19. Architectural Review & Planning Board February 25, 1999 n page 7 C.A -r , ;/ 50Dy .L� 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 ". w qegular 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) i Manager Garrison advised that she had some things she would like to :uss with the Commission before the beginning of the adoption :ess. She called attention to the memorandum attached to the .nance and explained that it contains some alternative language that A slightly alter what is in the ordinance in Section 35 on page 7. advised that this pertains to rear setbacks on waterfront lots in Core District. She and Mayor Koch had looked at aerials of lots on water and at different situations in order to arrive at this wage. Mrs. Garrison believed this will address most problematic ations that might arise and requested that the proposed language ace what is in the Ordinance. ssioner Lynch moved and Commissioner Orthwein seconded that the age proposed in the memorandum be placed in Ordinance 00 /1. Roll Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Koch; AYE. i Manager Garrison advised that there had been some issues regarding s and fences arise this past week and she felt some discussion ld be held before considering the Ordinance. She asked the Fission if they felt it acceptable to have a wall higher than 6' in Core area and in Place Au Soleil, adding that she knew of none at time. She suggested that walls be limited to 6' in the Core rict, North /South District and Place Au Soleil. She further advised the height of the pool fence should be changed to reflect a 4' ht to be consistent with the changes the Commission made to the rest he Ordinance. Mrs. Garrison asked whether stockade and shadowbox es should be prohibited in the front yard in the Core, North /South Place Au Soleil Districts, adding that it would be permitted in the and rear yards. During discussion it was agreed to have the owbox 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 LN Regular Meeting and Public Hearing Page 5 gown 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 101:h day of September, 2010. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve Ordinance No. Q.10 -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 on the process of approval for the proposed WalMart on Federal Highway >,a..p been askincr many mp June 14, 2010 ORDINANCE NO. aLQ6 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 grade adiacent to the wall.) Zoning Districts Gulf Stream Core Ocean West Beachfront North/South Place au Soleil Required 4 6 feet walls be £lent A!A by Any walls or- €enees aleng AIA Hmst be by Walls must be finished on both sides. All walls shall be screened from view from any public or private roadway by landscaping. .. 1.,. Preferred None lntemiltent Werfflitte$t Accent only None North/South Low OFeeneealed eF-eeneealed Correspond Low wall/fence by -fllaet by giant to wall/fence Egress Faust be soreened €rem-view combination mater-ial material architecture combination publie-or private Eeadway by Lew Correspond Correspond Not to Lew walb%edge to to exceed more wanAiedge eembinatien architecture architecture than 75% of eembinatien Consistent Correspond wood frontage Correspond with to Intermittent to architectural architecture or concealed architecture style Sim le, uncluttered, traditional forms Discouraged Use as r perimete 7a-,, wall wall Excessive ornamentation includin reveals, decorative tile, bandin , etc. Prohibited Walls over 4 Walls and Walls and Walls and Walls over 4 feet entry piers entry piers entry piers feet Perimeter over 6 feet over 8 feet over 6 feet Perimeter walls measured measured measured walls Entry piers from the from the from the Entry piers over 5 feet lowest grade lowest grade lowest grade over 5 feet adjacent to adjacent to adjacent to the wall the wall the wall Walls less than - 2f aet from AlA no.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-way or in visibility triangles 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 be from the lowest grade adjacent to the fence wall. Zoning Districts Gulf Stream Ocean West Beachfront North/South Place au Core Soleil Required heroes nn}st be sefeened €kafn Egress Faust be soreened €rem-view view by landseaging publie-or private Eeadway by All fences, with the exception of aluminum rail fencing, shall 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 -open Consistent Consistent None, wood wood. with with Low -open Intermittent architectural architectural wood or concealed style style 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 to the wall nr fenrp 1 Zoning Districts by plant material Gulf Stream Intermittant or concealed by plant material Beachfront Discouraged D�znl ,mow nsr plaatie PVC2 plas�:e nVn i , I vinyl or- i y e Sold f r BE Fronting example, Preferred Consistent with architectural st le example, property stockade or Walls or Walls or stockade or Solid (for shadowbox) fences over fences over shadowbox) example, Unpainted 6 feet. 6 feet. Prohibited stockade or Chainlink (unless concealed by plant material) Any wall or fence over 8 feet, as measured from the lowest grade adjacent shadowbox) Prohibited Over 4 feet Over 6 feet Over 8 feet Over 6 feet Un ainted Over 4 feet PVC. plastic or vinyl Chainlink (unless concealed by plant material) 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 to the wall nr fenrp 1 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 MI' I SF MF - West District MI' SF Max. 131(ig Height 140' 140'* 13T I Sec 70 -100 Zoning Districts Gulf Stream I Ocean West Beachfront North/South Place au Core I Soleil Required Pools — 4 feet minimum Walls must be finished on both sides Fences must be two -sided or screened. Preferred Consistent with architectural st le Discouraged Walls or Walls or Walls or fences over fences over fences over 6 feet. 6 feet. 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 MI' I SF MF - West District MI' SF Max. 131(ig Height 140' 140'* 13T I Sec 70 -100 Max. # Stories 3 3* 3 2 Min. Lot Size 20,000 First + 5,000 After 20,000 * 20,000 First + 5,000 After 16,500 Width Front (rectangular) 100 100* 100 100 Front Point (pie shape) 100 40 100 40 Depth 100 100 100 75 * ** Maximum Lot Coverage 30% 30% 30% 30% Min.Building Separation 15' NA 15' 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' 50' Setbacks Front 78' CUAIA 50' All Others 50' AIA* 25' All Others 78' CL/AIA 50' All Others 50' CL/AlA 30' All Others Side 25% Avg. Width and 25' Min. 30% Avg. Width and 15' Min.* 25% Avg. Width and 25' Min. ** 30% Avg. Width and 15' Min. Rear 25' /CCCL 257CCCL 25' 20'* Corner TBD TBD TBD TBD MF - Multi -story Landscape Required Preferred Required Preferred * SF incentive ** If 2 stories or less - multi - family use 30% 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 East zoning district shall follow the fence and wall requirements of the Beachfront 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, as described in Section 70 -187 of this code. Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can 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 September , 2010, and for a second and final reading on this 8th day of October , 2010. ATTEST: p �iLOt_ Clerk Commissioner Commissioner memorandum TO: William Thrasher Town Manager FROM: Marty R.A. Minor, AICP DATE: January 10, 2014 RE: LANDSCAPE CODE TEXT AMENDMENT kild STUDIO 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. 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. i ' 4 ri a r J f s+ r 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) Fa•mal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. The arrangement of plant material in a random grouping or asymmetric design. (3) Manicured. Well- maintained and regularly pruned. (4) Naturalistic. Allowed to grow freely with minimal maintenance. Formal 0�- U Manicured Formal planting creates unified rhythm Informal Naturalistic 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 should 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 1978 CCCL EV Nil 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 nine (Casuarina spy.), except where permitted in the North Ocean Boulevard Overlay District Brazilian Pepper (Schinus terebinthefolius) Meleleuca ( Meleleuca auinquenervia) Old -World Climbing fern (Lygodium microphyllum) Air Potato Vine (Dioscorea bulbifera) Carrotwood (Cupaniopsis anacardiodies) Earleaf Acacia (Acacia auriculiformis) Scheffiera (Schefflera actinophylla) Kudzu (Pueraria montana var. lobata) (Ord. No. 00 -1, §§ 49, 50, 3- 10 -00; Ord. No. 04 -9, § 3, 2- 11 -05) Sec. 70 -149. Typical native plants.e Listed below are some of the native plants that are (1) Ground covers. Tall Sea Ox -Eye Daisy (2) Shrubs. Palms. (4) Trees. Cocoplum Firebush Wax Myrtle Hobe Sound Dwarf Cocoplum Hawaiian Beach Berry Royal Palm Paurotis Palm Sabal Palm Dahoon Holly Sea Grape Satin Leaf and presently found in the town: Borrichia arborescens Chrysobalanus icaco Hamelia patens Myrica cerifera ianus icaco frutescens Roystonea elata Acoelorrhaphe wrightii TSabal palmetto cassine uvifera Ilum oliviforme Pitch Apple Clusia rosea Live Oak Quercus virginiana Mahogany Swietenia mahagoni Gumbo Limbo Bursera simaruba Buttonwood Conocarpus erectus Sec. 70-150. Other plants used in the town.. (1) Ground i ne ronowtng are examples or matenats presently rouna to the town: Chinese Taro Swordfern Laua'e, East Indian Wart Fern Peace Lily Alocasia cuculata Nephrolepis exaltata Polypodium phymatodes Spathiphyllum clevelandi Dwarf Peace Lily Dwarf Confederate Jasmine Tall shrubs. Spathiphyllum "Wallisii" Trachelospermum jasminoides "Minima" spp. Shrubs. I Southern Wax Privet ILigustrumjaponicum Nerium oleander Ochrosia parviflora Oleander Gardenia jasminoides Kopsia Nora Ixora 'Singapore', 'Maui', Nora Grant', 'Super K Dwarf Oleander Nerium oleander'Petite salmon' Tobira Pittosporum tobira Crepe Jasmine Tabemaemontana divaricata Chalcas Murraya paniculata Truk Island Beach Berry Scaevola koenigii Hibiscus Hibiscus rosa sinensis Sandankwa Viburnum lViburnum. suspensum spp. Shrubs. (4) Vines. Brown Bud Allamanda Allamanda cathartica'Hendersonii' Bougainvillea Bougainvillea spectabilis �— Monstera or Ceriman Monstera deliciosa Confederate Jasmine Trachelospermum jasminoides (5) Pahus. European Fan Palm Areca Palm Coconut Palm Coconut Palm Senegal Date Palm Pigmy Date Palm Chamaerops humilis Chrysalidocarpus lutescens Cocos nucifera "Malayan" Cocos nucifera "Maypan" Phoenix reclinata Phoenix roebelenii Surinam Cherry (Eugenia uniflora Gardenia Gardenia jasminoides Nora Ixora 'Singapore', 'Maui', Nora Grant', 'Super K Dwarf Oleander Nerium oleander'Petite salmon' Tobira Pittosporum 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) Pahus. European Fan Palm Areca Palm Coconut Palm Coconut Palm Senegal Date Palm Pigmy Date Palm Chamaerops humilis Chrysalidocarpus lutescens Cocos nucifera "Malayan" Cocos nucifera "Maypan" Phoenix reclinata Phoenix roebelenii (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. Applicability and Permitting 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 existing landscaping 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. (6) Trees. Reflective or mirrored glass. (3) Glass block visible from street. Alexander Laurel or Kamani Calophyllum inophyllum (5) IS 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. Applicability and Permitting 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 existing landscaping 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 March 26, 2014 Following is a list of items that had been offered from the Staff for our review. These were not included in the list of 13 that were submitted by residents. Section 70 -106, Building Color, Trim, etc. Page CD 70:63, Front Entrance Doors Section 70 -101 (5), Add "or waterway" (windows) Section 70 -244, 3 stall garages If the items on this agenda are concluded at this meeting, there will be only 4 items that were submitted by residents to be considered at the two April meetings. These are: Landscape Code Review, Section 70 -146 thru 70 -150 Roof Color & Material, Sections79 -99, 70 -218, 70 -238 Review Roof & Eave Heights and Entry Features Sec. 70 -100 Maximum Lot Coverage, Sections 70 -70 thru 70 -73 INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: Mayor & Commissioners DATE: 5 -8 -14 RE: Final Report from Ad Hoc Committee We will be asking to add the attached to the agenda as item #VII.A.2. INTRODUCTION TO THE REPORT OF THE AD HOC COMMITTEE FORMED TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING THE TOWN OF GULF STREAM DESIGN MANUEL Pursuant to an informal commitment that was made as part of the Town's settlement of various suits with the O'Boyle interests, the Ad Hoc Committee was formed in January and had it's first meeting on January 16"'. There were a total of ten meetings with the final meeting being on May 8h. The Committee was originally composed of Richard Mouw, Patricia Randolph, Benjamin Schreier, AIA, David Bodker and Chairman, William Boardman. Mr. Bodker stepped down as a member early on and Keith Williams took his place for the last few meetings, where landscape issues were discussed. The charter of the Committee was broad and it was the Committee's decision to avoid zoning issues and matters outside of the Design Manual. It was also the Committee's feeling, at the first meeting, that we should send a brief letter to the community residents informing them of the Committee's existence. This letter encouraged our residents to submit comments and suggestions that the Committee might consider. This invitation extended to specific matters concerning the Design Manuel and further solicited comments concerning the processes used to implement the Design Manual's provisions. In late January, the letter was sent to approximately 500 households in the Town. By the Committee meeting on February 13a' eight responses had been received and one or two more trickled in after that date. The Town Staff had a short list of items to be considered, as did the Chairman of the Architectural Review and Planning Board (ARPB). After reviewing the various comments, it was the Committee's view that, despite Mr. O'Boyle's public statements that the great bulk of the Design Manual should be repealed and design matters left to individual decisions by residents, this was not the desire of our residents. The comments received were very specific and there was no suggestion that there should be a broad review of the Design Manuel or in fact a repeal of any sort. As a result the Committee concluded to work with the Town Staff and deal with each of the specific suggestions presented. As it began its deliberations, the Committee was advised that it was purely an advisory group and that while it would make recommendation to the ARPB and Town Commission, it was not a decision making body and thus would not be subject to certain procedures applicable to decision making bodies. The Committee was also advised that it was bound to the provisions of the "Sunshine" law. The Committee consulted with the Town Staff and Mr. Randolph, Town Attorney, on compliance with this statute. Attached to this Introduction is a document prepared by Town Staff that lists seven specific recommended changes to the Design Manual. One of these seven relates to the landscape provisions and contains a number of sub - recommendations. When our Committee looked at the first draft of this list, we were a bit shocked that our work product looked so limited. Upon reflection it seems to us that this initial reaction on our part fails to recognize the basic nature of our project. We were engaged in a review and culling process and a tremendous amount of our time and efforts were spent on discussing and studying items that were ultimately rejected. An example is the issue of the location of a certain type of "accessory structures" that is, mechanical equipment. More and more people are placing pool pumps, pool heaters and generators on the rear most parts of lots. We had very interesting discussions of these issues that took a great deal of our rime. In the final analysis we decided not to recommend any change in required location. No changes were made relating to metal roof materials, plastic fence materials and, to some extent, fence heights. The other reason why we ended up with a limited list of recommendations is simply that the Design Manual is a good document. The professionals on the Committee spoke often of the quality of the Design Manual and how they know where they stand when they are working in Gulf Stream. They stated that they are able to give their clients accurate advice. The Committee was impressed that not only was the Design Manual the product of a very, very detailed effort at the time it was created but since it's inception in 1995 it was reviewed in 1997 and again on numerous occasions by the ARPB. Probably the most significant recommendation of the Committee is that a "Waiver" provision be added to the Design Manuel. This provision would only relate to requirements in the Design Manuel and would give flexibility to the ARPB and Town Commission to waive provisions when the stated criteria are met, if they chose to do so. It was the Committee's belief that there are situations where resident proposals should be granted, even though the situation does not meet the strict requirements for a Variance. There are a few observations that the Committee wishes to make that are not in the category of formal recommendations. The Committee, throughout the process, became ever increasingly aware that Place an Soleil is a bit of a community unto itself. It is the Committee's consensus that efforts should be increased to understand and respect that PAS is different than the other parts of Gulf Stream on the barrier island. It is very different than the Core area and steps should be taken to have a continuing dialog with the PAS Homeowner's Association so that the Commission and ARPB will understand the desires of the great majority of the residents of PAS. There is no apparent reason why PAS can't have requirements that their residents desire. The problem is that there is no established way for the feelings of the silent majority to express their views. For example, in the course of the Committee's work a resident of PAS sent out a blast E mail to well over 50 residents of PAS asking them to communicate to us on an issue. The Committee received about ten communications of some sort. The dilemma is that in situations such as this, one does not know where the other 90 residents of PAS stand. The PAS representative on the Commission and the PAS Homeowner's Association could and should serve a very valuable roll. Specific items, while still consistent with the general Gulf Stream approach, could be custom fitted to the PAS community when a clear majority view is expressed by proper representatives. Finally, the Committee in its work received valuable input from our community, some in the formal way described above and some more informally because of the resident's knowledge of who was on this Committee. It became clear to the members from this input that there needs to be work done on making our residents feel more like "customers ". The perception tends to be that the Town likes to say "no" when interpreting the Design Manual issues. When the members of the Committee inquired on specific resident's issues they often found that the staff of the Town was going to great lengths to find a way to accommodate the resident, but in no way were they communicating to the resident about their efforts on the resident's behalf. Many of the problems raised with the Design Manual are, in fact, problems of perceived attitude and communication. The Town staff needs help in understanding how to communicate with residents. From time to time it can be difficult to deal with the Town's residents. An educational program for the staff, perhaps with professional help, should be implemented. The Commission should also give consideration to creating the volunteer position of a Town ombudsman to aide this communication process. In closing this report, the entire Committee wishes to thank the entire staff of the Town for their counsel and help in this process. Our special thanks to Rita and Bill. Their input and knowledge of the oral history of our wonderful Town were most helpful, if not essential. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA JOAN N. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W.GARRETTOERING ROBERT W. GANGER DONNA S. WHITE January 16, 2014 Dear Fellow Gulf Stream Residents, r'. Telephone (561)276 -5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR The Commission of the Town of Gulf Stream has appointed an Ad Hoc Committee to review and consider a series of specific changes to the Design Manual of the Town and the processes that are utilized in implementing the provisions of the Manual. The Manual has been in existence since 1995 and changes have been made periodically as deemed appropriate. Overall it is thought that the Manual has stood the Town in good stead. At the same time, there are a number of changes that should be considered, and it is the feeling of the Ad Hoc Committee that our residents should have the opportunity to propose suggestions, if they are of the opinion that parts of the Manual or the processes used in its implementation, should be altered. If you have specific suggestions, the Committee invites you to send your written comments to the Committee, in care of the Town Hall at the address below, or E mail your comments to the web address, which is also set forth below. We will appreciate your input. The Ad Hoc Committee Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 adcom1D.eulf- stream.orl=_ William Boardman, Chairman David Bodker, Committee Member Richard Mouw, Committee Member Patricia Randolph, Committee Member Ben Schreier, AIA, Committee Member 100 SEA ROAD, GULF STREAM, FLORIDA 33483 INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER WILLIAM H. THRASHER DATE: May 8, 2014 TO: ARPB chairman and ARPB members (copy provided to Town Commission) RE: Ad Hoc Committee Recommendations - Code Changes Section 22 -78 Regulations. Generator Noise Change "full power" or "full load" to norm running. Note: There was no discussion whether the present 72 dB(A) rating for "full load" should be changed. The rating of 72 dB(A) at full load is most likely more restrictive and thus quieter than a rating of 72 dB(A) at normal running. Establish a "Waiver" System with criteria of approval for section 70 -96 to but not including section 70- 296. Fees, exact language and placement within the existing code to be determined by the Commission Criteria for allowing waivers: 1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. 2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. 5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of design elements within the structure. Note: The introduction of a "Waiver" system does not mandate approval by the Commission. Section 70 -187 Table of district standards. (6) Fences "Place an Soleil" front. Provide language that would allow 6' open aluminum rail fences with a minimum 2' high base of landscape material planted in front (roadside) of the rail fence and shall be maintained a minimum 3' height. Such fencing would not extend beyond the applicable outer face of the structure. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Section 66 -1. Definitions. Open Front Lawns herein referred to as view vista and applicable to front yards within the North/South and Place an Soleil Districts. A view vista is the measurement distance of the front property line. Open front lawns, view vista, shall be a minimum of 75 % of the front property line and without landscape planting exceeding mature height of 3'. The landscaped vista view, plantings over 3', shall be no more than 25% of the front property line. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Final Ad Hoc Recommendations May 8, 2014 Page 2 Definition of "Waiver" (Placement and Section location to be recommended by legal at a later date). Sec. 70 -146. Purpose. (Division 3. General Landscape Standards) (a) The landscape architectural standards have been developed to reinforce the overall character and the image of the town environment. (b) The primary objectives of the landscape standards are to: (1) Reinforce the community's identity. (2) Enhance visual quality. (3) Provide buffering. (4) Provide a pleasant environment for living areas. (5) Provide a pleasant environment for driving, walking, and other activities in the community. (c) The correct selection of plant material: s. (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. Landscape elements help to refine boundaries and reinforce the identity or the community Sec. 70 -147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. The arrangement of plant material in a random grouping or asymmetric design. (3) Manicured. Well- maintained and regularly pruned. (4) Naturalistic. Allowed to grow freely with minimal maintenance. a � z is < f' • Y 4 a � z Final Ad Hoc Recommendations May 8, 2014 Page 4 Manicured, well- maintained hedges along private roadway Naturalistic entry planting See. 70 -148. Principles. Because of this diversity, no particular style or technique is encouraged or discouraged overall. Landscape issues shall should be addressed on a district level basis. Some underlying principles do apply to the town as a whole: (1) Required. Minimum landscaped open space of 40 percent of the lot area (pool decks and driveway area shall not count towards the 40 percent open space) Irrigation shall be provided consistent with Section 66 -399 of this code (2) Preferred. Consistency of neighborhood maintenance techniques Consistency of neighborhood plant material, scale, massing, and selection Controlled and planned use of exotics Efficient irrigation Protection and enhancement of existing plant material Semi - pervious driveway material (Chattahoochee stone, pavers) Use of natives Xeriscaping techniques (3) Discouraged. Hedges over four feet if located within 15 feet of the ICW W or seaward of the 1978 CCCL hwasive, et:, AGaeia-speeies Sehinus terebinth Large expanses of impervious driveway materials (4) Prohibited. In Place Au Soleil, hedges over four feet if located within 15 feet of a canal as measured from the landward edge of the seawall cap. Any hedges currently existing which are in contravention of this provision shall be removed or brought into compliance no later than September 1, 2005. Chainlink fence unless concealed 100 percent by plant material Driveway materials using primary or bright, bold colors (red, blue, etc.) Painted driveways Removal of any plant material within the right -of -way without town approval Removal of trees and palms (other than invasive exotics) over eight inches in caliper without town approval of a land clearing plan Final Ad Hoc Recommendations May 8, 2014 Page 5 The use of synthetic or artificial plant material Tire strip driveways Invasive, exotic suecies: Australian pine (Casuarina sup) except where permitted in the North Ocean Boulevard Overlay District Brazilian Pepper Schinus terebinthefolius Meleleuca (Meleleuca quinquenervia) Old -World Climbing fern (Lygodium microphvllum) Air Potato Vine (Dioscorea bulbifera) Carrotwood (Cupaniopsis anacardiodies) Earleaf Acacia (Acacia auriculiformis) Schefflera (Schefflera actinophylla) Kudzu (Pueraria montana var. lobata) (Ord. 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 found in the town: (1) Ground covers. Tall Sea Ox -Eye Daisy Borrichia arborescens , Swordfem Nephrolepis exaltata (2) Shrubs. Laua'e, East Indian Wart Fern Polypodium phymatodes Cocoplum Chrysobalanus icaco Firebush Hamelin patens Wax Myrtle Myrica cerifera Hobe Sound Dwarf Cocoplum Chrysobalanus icaco Hawaiian Beach Berry Scaevola frutescens ,(3) Palms. Royal Palm Roystonea elata Paurotis Palm Acoelorrhaphe wrightii Sabal Palm Sabal palmetto 1 (4) Trees. Dahoon Holly Ilex cassine Sea Grape Coccoloba uvifera Satin Leaf Chrysophyllum oliviforme Pitch Apple Clusia rosea Live Oak Quercus virginiana Mahogany Swietenia mahagoni Gumbo Limbo Bursem simaruba Buttonwood Conocarpus erectus Sec. 70 -150. Other plants used in the town. (a) The following are examples of materials presently found in the town: (1) Ground coves. Chinese Taro Alocasia cuculata , Swordfem Nephrolepis exaltata Laua'e, East Indian Wart Fern Polypodium phymatodes Peace Lily Spathiphyllum clevelandi Dwarf Peace Lily Spathiphyllum"Wallisii" Final Ad Hoc Recommendations May 8, 2014 Page 6 (b) Three 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. (3) Waterwise South Florida Landscapes: South Florida Water Management District Section 70 -151. Applicability and Permitting Dwarf Confederate Jasmine Trachelospermum jasminoides "Minima" (2) Tall shrubs. Southern Wax Privet Ligustrum japonicum Oleander Nerium oleander Kopsia I Ochrosia parviflora Truk Island Beach Berry Scaevola koenigii Hibiscus Hibiscus rosa sinensis Sandankwa Viburnum Viburnum suspensum Ficus Ficus spp. 1 (3) Shrubs. Surinam Cherry Eugenia uniflom Gardenia Gardenia jasminoides Ixora Ixora'Singapore','Maui','Nora Granf,'Super King' etc. Dwarf Oleander Nerium oleander'Petite salmon' Tobira Pittosporum tobira Crepe Jasmine I Tabernaemontana 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 Chrysalidocarpus lutescens Coconut Palm Cocos nucifera "Malayan" Coconut Palm Cocos nucifera "Maypan" Senegal Date Palm Phoenix reclinata Pigmy Date Palm Phoenix roebelenii (6) Trees. ! Alexander Laurel or Kamani Calophyllum inophyllum Satin Leaf Chrysophyllum oliviforme Cattley Guava Psidium littorale Pigeon Plum Coccoloba diversifolia (b) Three 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. (3) Waterwise South Florida Landscapes: South Florida Water Management District Section 70 -151. Applicability and Permitting Final Ad Hoc Recommendations May 8, 2014 Page 7 The provisions of this division shall apply to all new development and redevelopment, as defined by Section 58- 76, within the Town. In addition, whenever 50% of the existing vegetation in the area seen from the street is altered landscape plan and permit are required. Any landscape plan requires a separate irrigation and landscape lighting permit. Note: The Committee recommended approval of Mr. Marty Minor's landscape proposal, except for the 25% rule, and added that a separate landscape lighting and irrigation permit is required. Section 70 -166 Purpose. (Division 4. General Outdoor Lighting Standards Add the following language. "A separate landscape and /or security lighting permit is required" for any such work. Sections 70 -99, 70 -218 and 70 -238 There was consensus with all members to have these sections "reconciled" to each other so that what appears in 70 -99, with subsections 1, 2, and 3, will also appear in 70 -218 and 70 -238. For example, language prohibiting metal roofs would be added to sections 70 -218 and 70 -238. Add language at (c) Prohibited. Cedar Shakes (except Anglo Caribbean, British West Indies and Georgian) Sections 70 -238 Roofs. (a) "Or other dark colored tiles" to be added after the words "slate like ". SCOTT MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNA S. WHITE May 23, 2014 Bill Boardman 3251 Polo Drive Gulf Stream, FL 33483 Dear Bill, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone (561)276.5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Congratulation on a job well done. The value of your service to the Town as Chairman of the Ad Hoc Committee to review the Town Code is incalculable. The way that you conducted the meetings was impressive, professional and well thought out. In addition, it also provided an easy avenue for obtaining valuable resident input. On behalf of the Mayor, the Town Commission and the Gulf Stream residents, thank you. Respectfully, The staff 100 SEA ROAD, GULF STREAM, FLORIDA 33483 COMMISSIONERS SCOTT MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNA S. WHITE May 23, 2014 Patricia Randolph 3883 Gulf Stream Road Gulf Stream, FL 33483 Dear Patricia, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone (561)276 -5116 Fax (561)737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Congratulation on a job well done. The value of your service to the Town as a member of the Ad Hoc Committee in reviewing the Town Code is incalculable. The way that you and the rest of the Committee encouraged resident participation was easily recognized and produced a great result. On behalf of the Mayor, the Town Commission and the Gulf Stream residents, thank you. Respectfully, The staff 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA SCOTT MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNA 5. WHITE May 23, 2014 Benjamin Schreier AIA 6100 Broken Sound Parkway #8 Boca Raton, Florida 33487 Dear Benjamin, Telephone (561)276.5116 Fax (581)737 -8188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Congratulation on a job well done. The value of your service to the Town as a member of the Ad Hoc Committee in reviewing the Town Code is incalculable. The way that you and the rest of the Committee encouraged resident participation was easily recognized and produced a great result. On behalf of the Mayor, the Town Commission and the Gulf Stream residents, thank you. Respectfully, The staff 100 SEA ROAD, GULF STREAM, FLORIDA 33483 COMMISSIONERS SCOTT MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNAS. WHITE May 23, 2014 Keith Williams Nievera William Design 223 Sunset Avenue Suite 150 Palm Beach, Florida 33480 Dear Keith, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone (561)276 -5116 Fax (561)737.0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Congratulation on a job well done. The value of your service to the Town as a member of the Ad Hoc Committee in reviewing the Town Code is incalculable. The way that you and the rest of the Committee encouraged resident participation was easily recognized and produced a great result. On behalf of the Mayor, the Town Commission and the Gulf Stream residents, thank you. Respectfully, The staff 100 SEA ROAD, GULF STREAM, FLORIDA 33483 COMMISSIONERS SCOTT MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNA S. WHITE May 23, 2014 Rick Mouw 409 NE Third Street Delray Beach, Florida 33483 Dear Rick, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone (561)276 -5116 Fax (561)777 -0168 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Congratulation on a job well done. The value of your service to the Town as a member of the Ad Hoc Committee in reviewing the Town Code is incalculable. The way that you and the rest of the Committee encouraged resident participation was easily recognized and produced a great result. On behalf of the Mayor, the Town Commission and the Gulf Stream residents, thank you. Respectfully, The staff 100 SEA ROAD, GULF STREAM, FLORIDA 33483 `1 2 ORDINANCE NO. 1 -83 AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, RESCINDING ORDINANCE NO. 108 OF THE TOWN AS AMENDED, IN ITS ENTIRETY, AND ADOPTING A NEW COMPREHENSIVE ZONING ORDI- NANCE TO PROMOTE THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE INHABITANTS OF THE TOWN OF GULF STREAM, FLORIDA; REGULATING THE USES OF LAND, WATER, BUILDINGS AND STRUCTURES WITHIN THE TOWN OF GULF STREAM; REGULATING THE LOCATION, HEIGHT, SIZE OF BUILDINGS AND STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY AND DISTRIBUTION OF POPULATION AND FOR SAID PURPOSES, CREATING DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF AND ADOPTING A MAP OF SAID DISTRICTS; DEFINING CERTAIN TERMS USED; ESTA- BLISHING A BOARD OF ADJUSTMENT AND TOWN PLANNING BOARD; PROVIDING FOR THE ENFORCEMENT AND AMEND- MENT THEREOF; PROVIDING FOR PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, authority is conferred upon the Town of Gulf Stream in the interests of promoting the health, safety, morals and Ieneral welfare of the residents of the Town of Gulf Stream, Florida set forth the districting or zoning of the Town, for the purpose of regulating the location of residences and other uses of pro- perty, and for the purpose of regulating the height of buildings and other structures, and the dimensions of lots and yards in connection with buildings and other structures, and for the purpose of regulating the alignment of the buildings or other structures near street frontages, and regulating the types of buildings in conformity with building restrictions established by subdivision plats and the like; and WHEREAS, such authority was exercised by the Town Commission th the enactment of the Zoning Ordinances which became Ordinance o. 108 of the Gulf Stream Code of Ordinances; and WHEREAS, it is deemed necessary by the Town Commission of the own of Gulf Stream to rescind the terms and provisions of Ordinance o. 108, as amended, and to adopt a new comprehensive zoning ordi- ance for the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE FOWN OF GULF STREAM, FLORIDA, as follows: Section.l. That the Zoning Ordinance adopted the 17th day of May, 1952 and all amendments thereto be and the same are hereby repealed. Section 2. That the Town of Gulf Stream, Florida Comprehensive Zoning Ordinance, together with the official Zoning Map, copies of which are filed with the Clerk of the Town be and the same are hereby adopted as the Comprehensive Zoning Ordinance of the Town of Gulf Stream. Section 3. That the copy of the Zoning Ordinance, known as the "Town of Gulf Stream, Florida, Comprehensive Zoning Ordinance" and alsothe "Official Zoning Map" of the Town of Gulf Stream be and the same are hereby adopted by reference. Section 4. That any person violating any provision of this Ordinance shall be punished by a fine of not less than twenty - five ($25.00) dollars, and not exceeding five hundred ($500.00) dollars, or by imprisonment for a term not exceeding six (6) months, or both by such fine and imprisonment. Section 5. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part thereof other than the part declared to be invalid. Section 6. That permission to codify this Ordinance is hereby granted. Section 7. That this Ordinance shall take effect immediate Jupon its passage and approval as provided by law. PASSED AND ADOPTED ON Second READING THIS pTH 1ATTEST: Town Clerk Matias, Sally From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Rita, Matias, Sally Wednesday, July 08, 2015 3:45 PM 'Rita Taylor' Ordinances 1M67883- ordinance amending chapter 66 sections 66- 166 -258 66- 321.DOC; 1MJ0227- ordinance front yard accoutrements objects d artDOC Follow up Completed Please see the attached ordinances which I have drafted for consideration by the Town Commission at this Friday's meeting. Please call me to discuss. Thank you. P.S. Rita — I have formatted these for legal paper, but will also fax them - Sally JON 'M OSIER inuvnu�x:sniM+srn: John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandol h a ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 wwwionesfoster.com Incoming emails = filtered wluch may deLiy receipt This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying at dus email is prohibited Please immediately notify us by email and delete the original message. ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE I, IN GENERAL, SECTION 66 -1, DEFINITIONS, TO INCLUDE DEFINITIONS OF "ENTABLATURE', "HARDSCAPE" AND "OPEN FRONT LAWNS "; AMENDING ARTICLE VI, DISTRICT REGULATIONS, DIVISION 4, OR OUTDOOR RECREATIONAL DISTRICT, SECTION 68 -258, MAXIMUM FINISHED FLOOR ELEVATION; AMENDING ARTICLE VII, NORTH OCEAN BOULEVARD OVERLAY DISTRICT, SECTION 86 -321, CREATION; PROVIDING FOR SEVERABILfTY; 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 66, Zoning; Article I, In General; Section 66 -1, Definitions, to include the following definitions: Sec. 66 -1. Definitions. Entablature shall mean, in the classical orders, the horizontal elements supported by columns. Common components of the entablature include, though are not limited to, the architrave. the frieze and cornice. Hardscape shall mean the non - living or man -made elements within the outdoor area of the lot. Examples of hardscaoe include Pavement, driveways, walls, sidewalks, pavers. brick. Patios and Pools. Up to 50% of a lot's pervious stone area, such as Chattahoochee stones, may be counted as open space with the remaining area considered hardscaoe. Stone areas with a solid or concrete base shall be considered as 100% hardscaoe. Open Front Lawns shall mean an unobstructed view vista of the front lawn of at least 75% of the front Property line without landscape planting exceeding a mature height of three feet. The landscaped vista view plantings over three feet shall be no more than 25% of the front Property line. Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article VI, District Regulations; Division 4, OR Outdoor Recreational District; Section 66 -258 to read as follows: "66 -268. - Maximum finished first floor elevation. (a) The maximum finished first floor elevation for all undeveloped non - oceanfront lots located within the outdoor recreational district shall be the greater of the following: (1) +"7.00 feetNGV9NAVD; (2) 1.5 feet above the crown of adjacent roads; or (3) 0.5 feet above the average existing grade of the buildable area of the lot (b) For non - oceanfront lots previously developed, the maximum finished first floor elevation shall be the greater of the following: (1) +847_0 feet- NGVDNAVD; (2) 1.5 feet above the crown of adjacent roads; or (3) The elevation of the previous structure or the average elevations of adjacent structures, whichever is less. (c) For lots fronting on the Atlantic Ocean, the maximum finished first floor elevation shall be the greater of the following: (1) 1.5 feet above the crown of adjacent roads; (2) 0.5 feet above the average existing grade of the buildable area of the lot; (3) 3.0 feet above the average crest of the dune located on the parcel, if present; or (4) +4�Lg15.5 feet NGVBNAVD." Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article VII, North Ocean Boulevard Overlay District; Section 66 -321, Creation, to read as follows: "Sec. 66 -321. - Creation. An overlay district, known as the North Ocean Boulevard Overlay District, is hereby created within the RS single - family residential district, the RM multiple - family residential district, and the OR outdoor recreational district, for that area within the town beginning of Sea Read en the FieFth and extending to Pell an an the sa t� i .henna• cn feet east ..R t stem iha east 1= 33{}e -e ge��c c�cvo. -cna -,yea va and west L... ..da Fi,... of the Nght ..f . ..f AEI A (NeFth Oscan the intersection of County Road and the west side of State Road A1A and at the intersection of the north Property line of 4333 North Ocean Boulevard and the east side of State Road AM on the north and extending to Pelican Lane on the South" Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such Invalidity shall not affect the other provisions or applications of this Ordinance which can 2 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 day of July, 2015, and for a second and final reading on this _ day of August, 2015. /_r11 *111 p:Woas113147T0001 Wadi m67333.doc Vice Mayor Commissioner Commissioner Commissioner Cl ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 70, GULF STREAM DESIGN MANUAL; AT ARTICLE VIII, SUPPLEMENTAL DEVELOPMENT REGULATIONS; SECTION 70 -268, FRONT YARD ACCOUTREMENTS, SO AS TO DELETE THE REFERENCE TO OBJECTS D'ART VISIBLE FROM THE STREET; 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, Gulf Stream Design Manual; Article VIII, Supplemental Development Regulations; Section 70 -268, Front Yard Accoutrements, to read as follows: "Sec. 70 -268. - Front yard accoutrements. (a) Preferred. None (b) Discouraged. All (c) Prohibited. Animal yard ornaments, e.g. pink flamingos, ceramic animals visible from the street Lawn jockeys visible from the street Statuary visible from the street" Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. 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. 4 Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. 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 day of July, 2015, and for a second and final reading on this _ day of August, 2015. ATTEST: Clerk p:Wo 113147V=011doc11 MJOM.doc Mayor Vice Mayor Commissioner Commissioner Commissioner 2 Matias, Sally From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Rita, Matias, Sally Friday, June 12, 2015 1:14 PM 'Rita Taylor' FVV: ARPB Code Revisions 1M68013- ordinance amending section 2 -68 jurisdiction.pdf 1M68014- ordinance amending section 22 -78 regulations.pdf, 1M68020- ordinance amending chapter 66 sections 66- 166 -258 66- 321.pdf, 1M68026- ordinance amending chapter 70 design manual.pdf 1M68034- ordinance amending section 42 -94 design criteria.pdf Follow up Completed Mr. Randolph asked me about the status of these ordinance amendments, and asked me to resend this email to you. Let me know if you need anything else. Happy Friday] Sally JONES FOSTER 1-1— rcsnw,- r - Sally Matias Secretary to John C. Randolph, H. Michael Easley, and Keith W. Rizzardi Direct DiaL• 561.650.0458 1 Fax: 561.650.5300 1 smadas(g,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. FLlgler Center Tower, 505 South Ilagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 wwwjonesfoster.com Incoming ernails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Randolph, John C. Sent: Thursday, May 21, 2015 1:41 PM To: 'Bill Thrasher' (bhrasher( gulf- stream.oro); 'Rita Taylor' Subject: ARPB Code Revisions Bill and Rita, I have put in draft form two separate ordinances relating to the proposed changes in the Zoning Ordinance, Chapter 66, and in the Design Manual, Chapter 70. Please note in regard to the ordinance amending the Design Manual, Section 70 -187 on page 15, 1 could not figure out where the proposed changes go. Perhaps you could help with that an write in those changes. Rita, as to the amendment to the Zoning Ordinance, I gave you a definition for waiver that I did not keep. Please write in the definition that I gave you. In your chart you have referenced having a new Sections 66 -158 and 66 -159 relating to waivers. I do not believe that this provision relating to waivers should be included within the zoning code. Rather, it should be included in the Design Manual. Before we go to the trouble of incorporating that language into the ordinance, however, I would like to have a discussion with you in regard to the advisability of including such language. It is my understanding that this waiver language will only apply to prohibited elements in the Design Guidelines. The question is, does the Town want to make it easier for an applicant to waive the prohibited elements by virtue of a waiver rather than a variance. In addition, I have prepared separate ordinances relating to the changes in Chapters 2, 22 and 42 as I do not believe it is appropriate to include all of these changes within the one ordinance. Once you have had an opportunity to review these, please give me a call Thank you. JOHN C. RANDOLPH SFOSM nrnraeroraa Trrtmcra. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolphn'onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited Please immediately notify us by email and delete the original message. ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 86, ZONING, ARTICLE I, IN GENERAL, SECTION 66 -1, DEFINITIONS, TO INCLUDE DEFINITIONS OF "ENTABLATURE ", "HARDSCAPE ", "OPEN FRONT LAWNS" AND "WAIVER "; AMENDING ARTICLE. VI, DISTRICT REGULATIONS, DIVISION 4, OR OUTDOOR RECREATIONAL DISTRICT, SECTION 66 -258, MAXIMUM FINISHED FLOOR ELEVATION; AMENDING ARTICLE VII, NORTH OCEAN BOULEVARD OVERLAY DISTRICT, SECTION 66 -321, CREATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL dF 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 86, Zoning; Article I, In General; Section 66 -1, Definitions, to include the following definitions: Sec. 66 -1. Definitions. Waivershall mean 1 Section 2. The Code of Ordinances of the Town of Gulf Stream Is hereby amended at Chapter 66, Zoning; Article VI, District Regulations; Division 4, OR Outdoor Recreational District; Section 66 -258 to read as follows: "66 -258. -Maximum finished first floor elevation. (a) The maximum finished first floor elevation for all undeveloped non - oceanfront lots located within the outdoor recreational district shall be the greater of the following: (1) +"Z.00 feet PIGVE)NAVD; (2) 1.5 feet above the crown of adjacent roads; or (3) 0.5 feet above the average existing grade of the buildable area of the lot. (b) For non- oceanfront lots previously developed, the maximum finished first floor elevation shall be the greater of the following: (1) +8;57_0 feet- NGVQNAVD; (2) 1.5 feet above the crown of adjacent roads; or (3) The elevation of the previous structure or the average elevations of adjacent structures, whichever Is less. (c) For lots fronting on the Atlantic Ocean, the maximum finished first floor elevation shall be the greater of the following: (1) 1.5 feet above the crown of adjacent roads; (2) 0.5 feet above the average existing grade of the buildable area of the lot; (3) 3.0 feet above the average crest of the dune located on the parcel, if present; or (4) +4�g15.5 feet NGA/- NAVD." Section 3. The Code of Ordinances of the Town of Gulf Stream Is hereby amended at Chapter 66, Zoning; Article VII, North Ocean Boulevard Overlay District; Section 66 -321, Creation, to read as follows: "Sec. 66 -321. - Creation. An overlay district, known as the North Ocean Boulevard Overlay District, Is hereby created within the RS single - family residential district, the RM multiple- fam)ly residential district, and the OR outdoor recreational district, for that area within the town beginning at Sea Read 9R the ..eFth and ....r.....+:.... tR.,isaR L-3Rev the se thi _..._...r..' 50 feet east .f .. eSt s -..... *hA Part 3 A1A. and at the intersection of the north property line of 4333 North Ocean Boulevard and the east side of State Road A1A on the north and extending to Pelican Lane on the South" Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such Invalidity shall not affect the other provisions or applications of this Ordinance which can 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 S. 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 day of , 2015, and for a second and final reading on this day of , 2015. ATTEST: Clerk P: ldaca113147X000O1 l acll m67863.doc Vice Mayor Commissioner Commissioner Commissioner G' ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE CHAPTER 70 OF THE TOWN CODE OF ORDINANCES, THE GULF STREAM DESIGN MANUAL, AT ARTICLE IV, SITE DEVELOPMENT REGULATIONS, ELIMINATING SECTION 70 -71, FLOOR AREA RATIOS; AMENDING SECTION 70 -77, FIRST FLOOR ELEVATION; AND 70 -78, SEAWALL HEIGHT; AMENDING CHAPTER 70, ARTICLE V, AREAWIDE STANDARDS, DIVISION 1, GENERAL ARCHITECTURAL STANDARDS, AT SECTION 70 -100, ROOF AND F,4VE HEIGHTS; SECTION 70 -101, WINDOWS; SECTION 70- 105, GARAGES AND ACCESSORY BUILDINGS; AND SECTION 70 -108, COLOR; AMENDING CHAPTER 70, ARTICLE V, DIVISION 3, GENERAL LANDSCAPE STANDARDS, SECTION 70 -148 PRINCIPLES; AND CREATING A NEW SECTION 70 -151; APPLICABILITY AND PERMITTING; AMENDING CHAPTER 70, ARTICLE V, DIVISION 4, GENERAL OUTDOOR LIGHTING STANDARDS, SECTION 70 -166, PURPOSE, CATEGORIES; AMENDING CHAPTER 70, ARTICLE VI DISTRICT STANDARDS, SECTION 70 -187, TABLE OF DISTRICT STANDARDS; AMENDING CHAPTER 70, ARTICLE VII, PREDOMINATE ARCHITECTURAL STYLES, DIVISION 2, SPANISH MEDITERRANEAN REVIVAL STYLE, SECTION 70 -218 ROOFS; AND ARTICLE VII, DIVISION 3, GULF STREAM- BERMUDA STYLE, SECTION 70 -238, ROOFS; 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, Gulf Stream Design Manual; Article IV, Site Development Regulations; Section 70 -71, Floor Area Ration, by deleting subsection (c), Incentive Floor Area Ratios, in its entirety. Sec. 70 -71. - Floor area ratios. "(a) InGen#%,effasrweafatle, Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article IV, Site Development Regulations; Section 70 -77, First Floor Elevation, to read as follows: "Sec. 70 -77. - First floor elevation. (a) Undeveloped non - oceanfront lots. The maximum finished first floor elevation for all undeveloped non - oceanfront lots shall be the greater of the following: (1) +"7.00 feetNGV NAVD; (2) 1.5 feet above the crown of the lowest adjacent road; or (3) 0.5 feet above the average existing grade of the buildable area of the lot. (b) Previously developed non - oceanfront lots. For non - oceanfront lots previously developed, the maximum finished first floor elevation shall be the greater of the following: (1) +"7.0 feet NGVBNAVD; (2) 1.5 feet above the crown of the lowest adjacent road; or (3) The elevation of the previous structure or the average of elevations of adjacent structures. (c) Lots fronting the Atlantic Ocean. For lots fronting on the Atlantic Ocean, the maximum finished first floor elevation shall be the greater of the following: (1) 2.0 feet above the average existing grade of the buildable area of the lot; (2) +15.0 feet NGVBNAVD; or (3) The average elevation of adjacent structures. Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article IV, Site Development Regulations, Section 70 -78, Seawall Height, to read as follows: "Sec. 70 -78. Seawall height 2 MIN: Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article IV, Site Development Regulations; Section 70 -77, First Floor Elevation, to read as follows: "Sec. 70 -77. - First floor elevation. (a) Undeveloped non - oceanfront lots. The maximum finished first floor elevation for all undeveloped non - oceanfront lots shall be the greater of the following: (1) +"7.00 feetNGV NAVD; (2) 1.5 feet above the crown of the lowest adjacent road; or (3) 0.5 feet above the average existing grade of the buildable area of the lot. (b) Previously developed non - oceanfront lots. For non - oceanfront lots previously developed, the maximum finished first floor elevation shall be the greater of the following: (1) +"7.0 feet NGVBNAVD; (2) 1.5 feet above the crown of the lowest adjacent road; or (3) The elevation of the previous structure or the average of elevations of adjacent structures. (c) Lots fronting the Atlantic Ocean. For lots fronting on the Atlantic Ocean, the maximum finished first floor elevation shall be the greater of the following: (1) 2.0 feet above the average existing grade of the buildable area of the lot; (2) +15.0 feet NGVBNAVD; or (3) The average elevation of adjacent structures. Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article IV, Site Development Regulations, Section 70 -78, Seawall Height, to read as follows: "Sec. 70 -78. Seawall height 2 The maximum height of a new or replacement seawall abutting waters connected to the Intracoastal Waterway shall be no greater than five feet 3.5 NGVD." Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 1, General Architectural Standards; at Section 70 -100, Roof and Eave Heights, to read as follows; "Sec. 70 -100. -Roof and eave heights. (a) Generally. (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential/human scale. Most structures in the town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (2) Roof height is measured from the top of the first finished floor to the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same save line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but are not limited to, chimneys, cupolas, decorative towers, dormers, and small cut -outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features are the front portion of the structure which provide dear- indicate and enhance the main entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such architectural elements. Entry features, If used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying Just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Entry features: From eight feet to 12 feet Eave heights: From eight feet to ten feet six inches Eave lines: Three or less Roof features: Three or less visible per building side Roof heights: 20 feet or less (24 feet or less for roof features) (2) Discouraged. Entry features: Between 12 and 14 feet Eave heights: Between ten feet six inches and 12 feet Eave lines: Four Roof features: Four visible per building side Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) (3) Prohibited. Entry features: Greater than 14 feet Eave heights: Less than eight feet or greater than 12 feet Eave lines: Five or more Roof features: Five or more visible per building side Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (c) Two story homes. (1) Preferred. Entry features Beachfront and Ocean West Districts – From 8 to 14 All other Districts – From 8 to 14 feet Eave heights: Beachfront and Ocean West Districts —From eight feet to 12 feet for one -story portions 22 feet six Inches or less for two-story portions All other districts —From eight feet to ten feet six inches for one -story portions 21 feet or less for two story portions Eave lines: Four or less Roof features: Three or less visible per building side Roof heights: 22 feet or less for one -story portions (2) Discouraged. Entry features Beachfront and Ocean West Districts – From 14 to 16 feet All other Districts – From 14 to 16 feet Eave heights: Beachfront and Ocean West Districts— Between 12 and 14 feet for one -story portions Between 22 feet six inches and 24 feet six inches for two-story portions All other districts— Between ten feet six Inches and 12 feet six inches for one -story portions Between 21 feet and 23 feet for two-story portions Eave lines: Five Roof features: Four visible per building side Roof heights: Between 22 feet and 26 feet for one -story portions (3) Prohibited. Entry features Beachfront and Ocean West Districts – Greater than 16 feet All other Districts — Greater than 16 feet Buildings with more than two and one -half stories Eave heights: Beachfront and Ocean West Districts —Less than eight feet or greater than 14 feet for one -story portions Greater than 24 feet six inches for two -story portions. All other districts —Less than eight feet or greater than 12 feet six inches for one -story portions Greater than 23 feet for two -story portions Eave lines: Six or more Roof features: Five or more visible per building side Roof heights: Greater than 28 feet for one -story portions For two -story portions greater than the following for each zoning district: Dishict Height in that Gulf Stream Core 30 roof features may extend to 35 Ocean West 30 (roof features may extend to 35 Beach Front 35 (including roof features North /South 30 roof features may extend to 35 Place Au Soliel 30 roof features may extend to 35)" GRAPHIC Above graphic illustrates eight different eave lines, adding unnecessary complexity to the elevations." Section 5. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division, 1, General Architectural Standards; at Section 70 -101, Windows; subsection (d), Prohibited, to read as follows: "Sec. 70 -101. - Windows. (d) Prohibfted. (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 and 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). M 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." GRAPHIC Section 6. The Code of Ordinances of the Town of Gulf Stream Is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 1, General Architectural Standards; at Section 70 -105, Garages and Accessory Buildings, to read as follows: "Sec. 70 -105. - Garages and accessory buildings. Garages, storage sheds, decks, and other ancillary structures are elements which should be Integrated with the principal building. Garages, and ancillary structures can have a negative impact on neighbors. An Inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise attractive residential area. (1) Preferred. Garages and ancillary structures designed to respect the views from neighboring lots Garages and ancillary structures integrated with the architectural style of the home (2) Discouraged. Screened enclosures visible from the street (3) Pnchlbffed. All garages facing street on lots over 20,000 square feet not adequately screened or buffered from roadways Carports Garage doors that dominate the front elevation Metal storage sheds Three stall OF !aFg.. gaFeges ^ adequately lad .d Three car garages facing the street are prohibited in all districts except Beachfront and Ocean West Two story screen enclosures" GRAPHIC N Section 7. The Code of Ordinances of the Town of Gulf Stream Is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 1, General Architectural Standards; at Section 70 -106, Color, to read as follows: "Sac. 70 -106. - Color. (a) Generally (1) Color should be representative of the architectural style of the structure. Various pastel colors characterize Gulf Stream - Bermuda style homes, while off-whites, warm pastels, and light earthtone colors are common to Spanish Mediterranean homes. The chapter addresses color In a manner that will aid In its selection. Three categories, principal building color, trim color, and accent color have been established that correspond to color application for various architectural features. (2) Approved colors may be appropriate for one style of architecture but may be inappropriate for another (see article VII, Predominant Architectural Styles). An example of an Inappropriate use of color would be a blue Spanish Mediterranean style home. A complete color sample chart displaying all approved colors is available at the Town Hall. A complete list of approved principal building and trim colors follows, and an explanation of color terms and the methodology of the color selection process Is included In section 7 -300. (3) The following colors are approved for all sirtgle- family homes. Colors are approved for the principal building and building trim. The color specifications referenced are from the Benjamin Moore Color Selector Kit, which is used as a reference only. The kit was selected based on completeness, ease of use, and availability. The town does not recommend or endorse any specific paint product or manufacturer. The kit, along with the color selection chart located in the Town Hall, shall serve as a basis for comparison, where any paint sample can be compared and classified as approved or prohibited. (b) Principal building. (1) Considerations. Many factors affect the application of color. Careful consideration should be exercised when selecting a color based on a color sample or color chip. Considerations include, but are not limited to, size, texture, and fenestration of the surface. Colors usually appear darker and more intense when applied over a large surface. The texture of the surface can cast shadows, making colors appear darker. The arrangement of the windows and various other elements define the amount of solid wall surface to consider. In general, colors should exemplify a high to medium -high value and a low to medlum -low chrome (see section 70 -300, Color). (2) Definition. "Principal building color" shall refer to the prederninaataooroved color application to all walls of the principal- building and associated accessory structures. Principal building colors are subject to review and must be on the approved color list (3) Approved color list The following colors are approved as principal building colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue- greens, toned blue- greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. All exterior walls of the principal building and the a. Red- oranges/toned red- oranges: 001, 008, 009, 015, 016, 017, 022, 023, 024, 029, 030, 036, 037, 038, 043, 044, 045, 050, 051, 052, 053, 057, 058, 059, 060, 064, D65, 068, 067, 071, 072, 073, 078, 079, 080, 085, 086, 087, 092, 093, 094, 095, 099, 100, 101, 106, 107, 108, 113, 114, 115, 116, 120, 121, 122,127,128,129,134,135,136. b. YellowomngesHoned yellow- oranges/golds: 141, 142, 143, 148, 149, 150, 155, 156, 162, 163, 164, 169, 170, 176, 177, 183, 184, 185, 19D, 191, 192, 197, 198, 199, 204, 205, 206, 207, 211, 212, 213, 214, 218, 219, 220, 221, 225, 226, 227, 232, 233, 234, 239, 240, 241, 242, 246, 247, 246, 253, 254, 255, 260, 261, 262, 263, 267, 268, 269, 270, 274, 275, 276, 281, 282, 283, 284, 288, 289, 290, 295, 296,297,302,303,304,305. c. Yellow/toned yellows: 309, 310, 311, 316, 317, 318, 323, 324, 325, 330, 331, 332, 333, 337, 338, 339, 344 ,345,346,347,351,352,358,359. d. Yellow- greens4oned yellow -greens ( prohibited for Spanish Mediterranean): 365, 366, 357, 372, 373, 374, 375, 379, 380, 386, 387, 388, 393, 394, 400, 407, 408, 414, 421, 428. e. Toned greens (prohibited for Spanish Mediterranean): 435, 436, 437, 442, 449, 456, 457, 463, 464, 470, 471, 477, 478, 484, 485, 491, 492, 498, 499, 505, 506, 512, 513, 519, 520, 521, 526, 527, 533, 534. f. Greens (prohibited for Spanish Mediterranean): 547, 582, 596, 617, 624. g. Blue- greensdoned blue - greens (prohibited for Spanish Mediterranean): 645, 652, 666, 673, 680, 694, 701, 708, 715. h. Blues/blue- violets (prohibited for Spanish Mediterranean): 771, 792, 793, 806, 807, 813, 834, 835. Off- whiteslpastels: 841 thru 973 (all). Warm neutralslbelges: 974, 975, 976, 981, 982, 983, 984, 988, 989, 990, 995, 996, 1002, 1003, 1004, 1005, 1009, 1010, 1011, 1016, 1017, 1018, 1023, 1024, 1025, 1030, 1031, 1032, 1037, 1038, 1039, 1044, 1045, 1046, 1051, 1052, 1053, 1058, 1059, 1050, 1085, 1066, 1067, 1088, 1072, 1073, 1074, 1079, 1080, 1081, 1086, 1087, 1088, 1093, 1094, 1095, 1100, 1101, 1107, 1108, 1109, 1114, 1115, 1121,1122. k. Browns/red- browns: 1156, 1157, 1158, 1163, 1164, 1165, 1166, 1170, 1171, 1172, 1177, 1178, 1184, 1185, 1186, 1191, 1192, 1198, 1205, 1206, 1212, 1213, 1214, 1215, 1219, 1226, 1240, 1241, 1247, 1248. 1534, 1535,, 1536, 1541, 1542, 1548, I. Reds/red- violets: 1281, 1268, 1275, 1282, 1289, 1317.1331. 1569, 1570, 1576, 1577. M. Wolets4oned violets: All not allowed n. Cool neubals/tonsd gray - greens: 1457, 1458, 1464, 1465, 1471, 1472, 1478, 1479, 1485, 1492, 1493, 1499, 1500, 1506, 1507, 1506, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1527, 1528, 1529, 1530, 1534, 1535,, 1536, 1541, 1542, 1548, 1549, 1550, 1555, 1556, 1557, 1562, 1563, 1569, 1570, 1576, 1577. o. Grays/blue- grays: 1583, 1584, 1585, 1590, 1591, 1597, 1598, 1604, 1611, 1612, 1618, 1619, 1625, 1626, 1632, 1633, 1639, 1640, 1646, 1647, 1653, 1660, 1661, 1657, 1674, 1675. (c) Trim. (1) Considerations. In addition to the prfneipal- building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised In selecting a color that will not overpower or dominate the home. (2) Definition. 'Trim color' shall refer to the color application to any or all building trim elements such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters (if painted). Trim colors are subject to review and must be on the approved color list and be consistent with the principal building color. (3) Approved color list. The following colors are approved as trim colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow- greens, toned yellow - greens, toned greens, greens, blue- greens, toned blue- greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. All approved principal building colors are approved as building trim colors. All trim colors shall be uniform in appearance for that portion of the trim element to which the approved color is applied. No trim element shall contain or display an approved color that differs from any other color approved for that trim element. a. Red- oranges4oned r=d- oranges: 002, 010, 018, 025, 031, 039, 046, 054, 061, 088, 074, 081, 088, 096, 102, 109, 117, 123, 130, 137. b. Yellow- oranges/toned yellow- oranges/golds: 144, 151, 157, 165, 171, 178, 186, 193, 200, 208, 215, 222, 228, 235, 249, 243, 256, 264, 271, 277, 285, 291, 298, 306. C. Yellowkoned yellows: 312, 319, 326, 334, 340, 348, 353, 360. d. Yellow-greens4oned yellow- greens (prohibited for Spanish Mediterranean): 368, 376, 381, 369, 395, 401, 415, 409, 422, 429. e. Toned greens (prohibited for Spanish Mediterranean): 438, 443, 450, 458, 465, 472, 479, 486, 493, 500, 507, 514, 522, 528, 535. f. Greens (prohibited for Spanish Mediterranean): 540, 548, 554, 561, 568, 575, 583, 589, 597, 603, 610, 616, 625, 631. g. Blue- greens/toned blue - greens (prohibited for Spanish Mediterranean): 638, 646, 653, 659, 667, 674, 681, 687, 695, 702, 709, 716, 722, 729, 736. h. Bluesrblus- violets (prohibited for Spanish Mediterranean): 743, 750, 757, 764, 772, 77B, 785, 794, 799, 808, 814, 820, 827, 836. 1. Warm neutrals/beiges, 977, 985, 991, 997, 1006, 1012, 1019, 1026, 1033, 1040, 1047, 1054, 1061, 1069, 1075, 1082, 1069, 1096, 1102, 1110, 1116, 1123. j. Browns/red- browns: 1159, 1167, 1173, 1179, 1187, 1193, 1199, 1207, 1216, 1220, 1227, 1233, 1242, 1249,1254. k. Reds✓red- violets: 1262, 1269, 1276, 1283, 1290, 1296, 1303, 1310, 1318, 1324, 1332, 1338. 10 I. Violets4oned violets: 1360, 1387, 1394, 1401, 1406, 1415, 1422, 1429, 1436, 1443, 1450. m. Cool neutrals4oned gray - greens: 1459, 1466, 1473, 1480, 1486, 1494, 1501, 1509, 1517, 1523, 1531, 1537, 1543, 1551, 1558, 1564, 1571, 1578. n. Grays/blue- grays: 1586, 1592, 1599, 1605, 1613, 1620, 1627, 1634, 1641, 1648, 1654, 1662, 1668, 1676. (d) Accent (1) Considerations. Sometimes it is important to highlight specific features of the home. Accent color should be chosen to provide contrast to isolated items such as shutters, doors, and /or awnings. Often these features may be included as trim, but if special attention is desired, the level of contrast can be increased. Contrast can be achieved by simply using a different hue or by changing the chrome and /or value. Accent colors should be used sparingly or they lose their effectiveness. (2) Definition. "Accent color' shall refer to the color application to any or all building accents such as window coverings, shutters, doors, and awnings. Accent colors are not subject to approved colors, but may not include all shades of purple, primary red (except front entrance doors), or fluorescent colors. Accent colors. If used shall be consistent. uniform and uninterrupted (e) Stain. In addition to paint, a designer or homeowner may choose to select stain as a color option. Stain should be used as a principal building color only If the building material is wood and it Is appropriate with the architectural style. Stain may be used as trim and accent colors but not as the principal building color for Spanish Mediterranean and Gulf Stream - Bermuda homes. Stain should be reflective of earthtone colors. Darker colors are permissible to compensate for absorption and fading. Stains do not have to be compared to the approved color samples, but must be consistent with the community character of the town. (f) Required. Principal building color selected from the "approved color list" Trim colors selected from "approved trim color list" (g) Preferred. Principal building color representative of architectural style Trim colon(s) and accent colors to be compatible with architectural style Trim color(s) to be consistent or complementary to principal building color 11 (h) Discouraged, Dark stains inconsistent with community character More than three colors (principal building and trim) Non - traditional accent colors —For example: deep orange, bright teal, mustard yellow, bright royal blue Principal building colors not representative of architectural style Trim color(s) and accent colors not compatible with architectural style Trim color(s) not consistent or complementary to principal building color (i) Prohibited. Non - earthtone stains Non - approved colors for principal buildings and trim Purples, red (except doors), fluorescent colors, and substantially bright colors (such as: magenta, lime green, bright pink, bright orange), as trim or accent Quoins painted a darker shade than the principal building color " Section 8. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 3, General Landscape Standards; at Section 70 -148, Principles, to read as follows: "Sec. 70 -148. - Principles. Because of this diversity, no particular style or technique is encouraged or discouraged overall. Landscape issues shnuldshall 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 (peel -deeks ^„d did ewarhardscaoe areas shall not count towards the 40 percent open space - see definition of hardscape). Irrigation shall be provided consistent with section 66 -399 of this code. (2) Preferred. Consistency of neighborhood maintenance techniques 12 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 Xedscaping techniques (3) Discouraged. Hedges over four feet if located within 15 feet of the ICWW or seaward of the 1978 CCCL Large expanses of impervious driveway materials (4) Prohibited. Australian Pine (Casuarina sop.) except where permitted in North Ocean Boulevard Overlay District Brazilian Pepper (Schinus Terebinthefolius) Meleleuce (Meleleuca Quinguenervia) Old World Climbing Fern (Lvgodium Microohvlluml Air Potato Vine (Dioscorea Bulbifera) Carrotwood (Cupanioolsis Anacardiodies) Earleaf Acacia (Acacia Auriculiformis) Schefflera (SchefBere actniophvlla) Kudza (Peuraria Montana Var. Lobata) In Place Au Solell, 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 13 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" Section 9. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 3, General Landscape Standards; to include a new Section 70 -151, Applicability and Permitting, to read as follows: "Sec. 70 -151. Applicability and Permitting. Section 10. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 4, General Outdoor Lighting Standards; at Section 70 -166, Purpose, Categories, to read as follows: "Sec. 70 -166. - Purpose; categories. (a) Residential lighting serves an essential function. It assists in crime prevention and safety for both pedestrians and vehicles, and enhances the aesthetic value of properties at night. This visual appeal Is accentuated by the proper selection and placement of lights. A separate landscape and /or security lighting Permit is required for any such work. (b) Private, outdoor lighting in the town is classified under the general categories: (1) Security/safety lighting. (2) Accentnandscape lighting. 14 Section 11. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article VI, District Standards; Section 70 -187, Table of District Standards, at item 6; Fences, to read as follows: Sec- 70 -187. - Table of district standards. Section 12. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article VII, Predominant Architectural Styles; Division 2, Spanish Mediterranean Revival Style, Section 70 -218, Roofs, to read as follows: 15 Zoninq Districts Gulf Stream Ocean West Beachfront North /South Place au Soleil Core _ 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 be from the lowest grade adjacent to the fence. equired II fences, with the exception of aluminum rail fencing, shall 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 style of house Preferred Low -open wood Low -open wood Consistent with Consistent with None Intermittent or architectural architectural Low -open wood oncealed by style style plant material Intermittent or concealed by plant material Discouraged5olid (for Solid (for Fronting example, example, property stockade or stockade or Solid (for shadowbox) shadowbox) example, Unpainted stockade or shadowbox) Unpainted Prohibited Over 4 feet ver 6 feet Over 8 feet 6 feet Over 4 feet Fencesless han 12 feet [ver l rom Al A r.o.w. line PVC, plastic or vinyl Chainlink (unless concealed by plant material) Fences closer than 7.5 feel to the edge of street pavement Fences on rights -of -way or in visibility triangle Section 12. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article VII, Predominant Architectural Styles; Division 2, Spanish Mediterranean Revival Style, Section 70 -218, Roofs, to read as follows: 15 "Sec. 70 -218. - Roofs. (d) Prohibited. Flat roofs visible over ten percent of total roof Gambrel roofs Glazed skylights on the streetslde Mansard roofs Non - earthtone colored tile Shingles Solar panels on the streetside Metal roofs (except unpainted cooper when used as a decorative accent or on minor accessory structures)" GRAPHICS Section 13. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article VII, Predominant Architectural Styles; Division 3, Gulf Stream - Bermuda Style, Section 70 -238, Roofs, to read as follows: "Sec. 70 -238. - Roofs. (a) Required. Flat, white thru and thru, smooth, un- coated tile and gray slate tile may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un- coated tile, or tiles of similar slate -like tilecolor may be permitted at the discretion of architectural review and planning board and town commission through the Level III review process, subject to the architectural review and planning board and the town commission making a determination that such alternatives are appropriate for the neighborhood. (b) Preferred. Combination hip /gable roofs Decorative capped chimney Exposed rafter tails Flashing, vent stacks, and pipes painted to match adjacent building surface Hip roof Low pitched roofs (6:12 slopes) Roof overhang (2 -2Y: feet) Simple roof geometry emphasizing long horizontal lines White flat untextured tile (c) Discouraged. Dormers on single story houses Gable Pyramidal hip (often has too steep of slope) Very low pitched roofs (slope less than 5:12) i0 (d) Prohibited. Barrel tiles- Front gable except for entry features Gambrel Mansard Monolithic roof design where inadequate measures were taken to reduce massing and height of roof design Pan files Shed Shingles Tiles other than white Flat untextured tiles or gray slate tiles Unnecessarily complex roof geometry Section 14. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 15. 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 16. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 17. 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 — day of 2015, and for a second and final reading on this — day of , 2015. Mayor Vice Mayor Commissioner 17 ATTEST: Clerk p:Woo113147000011d od1 m63421.doc Commissioner Commissioner 18 ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT, SECTION 2-68, JURISDICTION, TO INCLUDE VIOLATIONS OF CHAPTER 58, PLANNING AND DEVELOPMENT, UNDER THE JURISDICTION OF THE SPECIAL MAGISTRATE; 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 2, Administration; Article III, Boards and Commissions; Division 2, Code Enforcement; Section 2 -68, Jurisdiction, to read as follows: "Sec. 2 -68. - Jurisdiction. (a) The special magistrate shall have the jurisdiction and authority to hear and decide any alleged violations of the following chapters of the Code and ordinances of the town as the same may be amended from time to time: (1) Chapter 6, Animals; (2) Chapter 10, Businesses, Professions and Occupations; (3) Chapter 18, Emergency Systems; (4) Chapter 22, Nuisances; (5) Chapter 26, Offenses; (6) Chapter 38, Waterways; (7) Chapter 42, Buildings and Building Regulations; (8) Chapter 52, Marine Facilities, Structures and Places; and (9) Chapter 58. Planning and Development: and (910) Chapter 66, Zoning. (4811yChapter 70, Design Manual. (b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing responsibility for enforcement of the respective code or ordinance." 1 Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. 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 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. 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 day of , 2015, and for a second and final reading on this _ day of '2015. ATTEST: Clerk p:Wocs\13147100001Woc11 m57778.dw Mayor Vice Mayor Commissioner Commissioner Commissioner 2 ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE III, NOISE, DIVISION 3, NOISE ABATEMENT AND CONTROL FOR GENERATORS, SECTION 22 -78, REGULATIONS; 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 22, Nuisances; Article III, Noise; Division 3, Noise Abatement and Control for Generators; Section 22 -78, Regulations, to read as follows: "Sec. 22 -78. - Regulations. Generators shall have a decibel level rating no greater than 72dB(A) at '!Pjll ps e�' eF "full lead2normal running. Decibel level ratings vary from model and manufacturer and are found in the manual and sales information. Generators with a manufacturer rating above the 72dB(A) may be Installed, provided that a custom enclosure reduces noise to 72dB(A) and has literature from the enclosure manufacturer attesting that the sound level has been met." Section 2. Sevembility. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. 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 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 1 PASSED AND ADOPTED in a regular, adjourned session on first reading this day of , 2015, and for a second and final reading on this _ day of , 2015. Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Clerk p:Woos113147=0011do61 m67789.dw ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 42, BUILDINGS AND BUILDING REGULATIONS, ARTICLE IV, DRAINAGE REGULATIONS, SECTION 42 -94, DESIGN CRITERIA; 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 42, Buildings and Building Regulations; Article IV, Drainage Regulations; Section 42 -94, Design Criteria, to read as follows: "Sec. 42 -94. - Design criteria. The following basic design criteria shall be used in the development of all drainage plans. The design computation shall be shown on or attached to and made a part of the drainage plan submitted with the application for a building permit. (1) Total proposed impervious and pervious lot areas will be indicated. (2) Runoff coefficients from pervious and impervious areas are to be used to determine total runoff to be GGntained fFam the n MtUFA�.,, -LMAMA AVR.t consistent with South Florida Water Management District standards." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. 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 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. 1 Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided bylaw. PASSED AND ADOPTED in a regular, adjourned session on first reading this day of , 2015, and for a second and final reading on this _ day of , 2015. 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You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 011614 agenda and attachments.pdf File Size 1448547 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. CHAIRMAN: COMMITTEE MEMBER: William Boardman David Bodker Richard Mouw Patricia Randolph Benjamin Schreier January 13, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JANUARY 16, 2014 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. A. Swearing in of Members III. Briefing from Attorney Randolph. IV. Instructions /Comments from Chairman Boardman. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates to be decided VII. Communication from the Public (3 min. maximum) 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. May 16, 2013 Topics for Discussion of Code Changes First Four (4) Considered Priority Items): 1. (Priority) Roof Material and Color for GS Bermuda style SF & ME 2. (Priority) Landscaping code needs to be more specific and give more clarity. 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. Code Review Listing Page 2 of 13 °'Cjy - to '♦ -p)D �' ��s.2'�%T a y b r.. b- g-r sM 1'C r ✓r ;~Y ,.. � r4 °1' - '.r' - {..Y S�•L :_TA� '1•1�¢'ei l�. rp n�"�E.* �r�"•r, �r yr: ~� .}l+�r� l � i ... '�l.v'..*1, y , Landscape elements help to refine boundaries and reinforce the identity of the community Sec. 70 -147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. (1) Formal The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. The arrangement of plant material in a random grouping or asymmetric design. (3) Manicured. Well- maintained and regularly pruned. (4) Naturalistic. Allowed to grow freely with minimal maintenance. ly fi � d � ��'. - 1 �♦� 9 w '.` ,: � aka .. -.. •@ v' '.` ,: � aka .. -.. •@ v' Code Review Listing Page 5 of 13 Minimum landscaped open space of 40 percent of the lot area (pool decks and driveway area shall not count towards the 40 percent open space) Irrigation shall be provided consistent with Section 66 -399 of this code. (2) Preferred. Consistency of neighborhood maintenance techniques Consistency of neighborhood plant material, scale, massing, and selection Controlled and planned use of exotics Efficient irrigation Protection and enhancement of existing plant material Semi - pervious driveway material (Chattahoochee stone, pavers) Use of natives Xeriscaping techniques (3) Discouraged. Hedges over four feet if located within 15 feet of the ICW W or seaward of the 1978 CCCL Aeaeia speeie Sshinus tere Large expanses of impervious driveway materials (4) Prohibited. In Place An 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 spp.). except where permitted in the North Ocean Boulevard Overlay District Brazilian Pepper (Schinus terebinthefohus) Meleleuca ( Meleleuca guinquenervia) Old -World Climbing fern (Lygodium microvhvllum) Air Potato Vine (Dioscorea bulbifera) Carrotwood (Cupaniopsis anacardiodies) Earleaf Acacia (Acacia auriculiformis) Scheffiera ( Scheffiera actinophylla) Kudzu (Pueraria montana var. lobata) (Ord. No. 00 -1, §§ 49, 50, 3- 10 -00; Ord. No. 04 -9, § 3, 2- 11 -05) Code Review Listing Page 6 of 13 Sec. 70 -149. Typical native plants. Listed below are some of the native plants that are appropriate and presently found in the town: (1) Ground covers. Tall Sea Ox -Eye Daisy Borrichia arborescens Swordfem Nephrolepis exaltata 1(2) Shrubs. Laua'e, East Indian Wart Fem Polypodium phymatodes �— Cocoplum Chrysobalanus icaco Firebush Hamelia patens Wax Myrtle Myrica cerifera Hobe Sound Dwarf Cocoplum Chrysobalanus icaco Hawaiian Beach Berry Scaevola frutescens 1(3) Palms. —— Royal Palm Roystonea elata — j - - -j Paurotis Palm Sabal Palm Acoelorrhaphe wrightii Sabal palmetto I(4) Trees. i — Dahoon Holly I1ex cassine Sea Grape Coccoloba uvifera Satin Leaf Chrysophyllum oliviforme Pitch Apple Clusia rosea Live Oak Quercus virginiana Mahogany _ Swietenia mahagord Gumbo Limbo Bursera sunaruba Buttonwood _ _ Conocarpus erectus See. 70-150. Other plants used in the town. (a) The following are examples of materials presently found in the town: i(1) Ground ,covers. Chinese Taro Alocasia cuculata Swordfem Nephrolepis exaltata Laua'e, East Indian Wart Fem Polypodium phymatodes Code Review Listing Page 7of13 Peace Lily Spathiphyllum clevelandi Dwarf Peace Lily Spathiphyllum "Wallisii" Dwarf Confederate Jasmine Trachelospennum jasminoides "Minima" (2) Tall shrubs. r Southern Wax Privet Ligustrum japonicum Oleander Nerium oleander Kopsia Ochrosiaparviflora Truk Island Beach Berry Scaevola koenigii Hibiscus Hibiscus rosa sinensis r- Sandankwa Viburnum Viburnum suspensum Ficus IFicus spp. `— — - (3) Shrubs. - - - -- Surinam Cherry jEugeniauniflora r Gardenia Gardeniajasminoides Ixora Ixora'Singapore','Maui', Nora Grant', 'Super King' etc. Dwarf Oleander Tobira — Neriurn oleander' Petite salmon' Pittosporum tobira Crepe Jasmine Tabemaemontana divaricata Chalcas Murraya paniculata r— (4) Vines. �— Brown Bud Allamanda. Allamanda cathartica'Hendersonif Bougainvillea Bougainvillea spectabilis Monsters or Ceriman Monsters deliciosa Confederate Jasmine Trachelospermum jasminoides r i(5) Palms. _ European Fan Palm Chamaerops humilis Areca Palm Chrysalidocarpus lutescens Coconut Palm Cocos nucifera "Malayan" Coconut Palm Cocos nucifera "Maypan" ,� Code Review Listing Page 8 of 13 (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. Applicability and Permitting 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 existing landscaping shall comply with the requirements of this division and receive a landscaping permit from the Town. 3. (Priority) (Suggested by Scott Morgan) (Should they also be in the area wide section?) Article VII, Division 2, Spanish Mediterranean Revival Style Section 70 -218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside" that follows solar panels. Article VII, Division 3, Gulf Stream Bermuda Style Section 70 -238s (a) Required After the phrase: slate -like tile, Add "or other dark colorJlat tile'. -(d) Prohibited Add the word "Metal" Add "solarpanels" 4. (Priority)Signs: a. For Sale AlA, Setbacks Not required for certain signs along Al A. See Sections 66- 446, 447, 448. 5. Suggested by Attorney Randolph for a housekeeping matter. Senegal Date Palm Phoenix reclinata IPigmy Date Palm Phoenix roebelenii 1(6) Trees. Alexander Laurel or Kamam Calophyllum inophyllum Satin Leaf Chrysophyllum oliviforme Cattley Guava Psidium littorale jIPigeon 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. Applicability and Permitting 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 existing landscaping shall comply with the requirements of this division and receive a landscaping permit from the Town. 3. (Priority) (Suggested by Scott Morgan) (Should they also be in the area wide section?) Article VII, Division 2, Spanish Mediterranean Revival Style Section 70 -218 Roofs -(d) Prohibited Add the word "metal" Delete the phrase "on the streetside" that follows solar panels. Article VII, Division 3, Gulf Stream Bermuda Style Section 70 -238s (a) Required After the phrase: slate -like tile, Add "or other dark colorJlat tile'. -(d) Prohibited Add the word "Metal" Add "solarpanels" 4. (Priority)Signs: a. For Sale AlA, Setbacks Not required for certain signs along Al A. See Sections 66- 446, 447, 448. 5. Suggested by Attorney Randolph for a housekeeping matter. Code Review Listing Page 9 of 13 Except for the placement of real estate signs and political signs all signs shall first be reviewed and approved by the Architectural Review and Planning Board prior to the placement of such signs. Section 448 6. Suggested by Attorney Randolph for Code clarification: (b) Principal building. See. 70 -106 Color. "(2) Definition. "Principal building color" shall refer to the pfedsaurtateapproved color application to all walls of the principal building and the associated accessory structures. Principal building colors are subject to review and must be on the approved color list. (3) Requirements. All exterior walls of the oincioal building and the associated accessory structures shall be of uniform color across the entire principal building or associated accessory structure. This requirement shall not include trim and accent colors as those terms are defined in this code. Excluding wall of a principal building or accessory structure may contain or display an approved color that differs from any other exterior wall on the same principal building or accessory structure." (c) Trim. (1) Considerations. In addition to the principal— building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised in selecting a color that will not overpower or dominate the home." (3) Trim colors. All trim colors shall be uniform in appearance for that portion of the trim element to which the approved color is applied. No trim (d) Accent. (2) Definition. Accent color" shall refer to the color application to any or all building accents such as shutters, window coverings, doors, and awnings. Accent colors are not subject to approved colors, but may not include all shades of purple, primary red (except doors), or fluorescent colors. Accent colors, if used, shall be consistent, uniform and uninterrunted." 7. Page CD70:63: Definition add "front entrance" to read "except front entrance doors ". 8. Top elevation of Seawall Caps, striving for some uniformity of height of caps in various coves. Distinguish between heights of a seawall cap and seawall (if any). See Section 70 -78. Code Review Listing Page 10 of 13 9. Should all or a percentage of paver brick when placed in the front of a structure be counted as hardscape7 10.78' NOB Overlay. See Section 66 -431. ('This should be eliminated) 11. Windows 70 -101 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 12. Section 70 -244 Garages (d) Prohibited "Three -stall or larger except with side entry and not facing roadway. 13. Check for inconsistency of 3 year storm event and 10 year storm event. I think there is one but I can't remember where I saw it. 14. FEMA minimum FFE may be going to 7.5' NGVD or 6' NAVD. 15. Change language for North Ocean Overlay District to include annexed area "running from Sea Road to Pelican".... 16. Chapter 58 to be included in special magistrate's jurisdiction. 17. (Provided by Marty Minor) In 2012, several amendments to the Town's Code of Ordinances were adopted to address several building - related issues. One of the issues addressed was the height of entry features for single family homes. The concern was that the existing code at the time allowed for entries which were out of scale with the home and the character of the neighborhood. The 2012 code changes were (new sections underlined while deleted sections were stricken: Section 70 -100. Roof and eave height (a)... (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable or other such elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. Code Review Listing Page 11 of 13 (1) Preferred. Eave heights: From eight feet to ten feet six inches (from eight feet to 12 for entry features) (2) Discouraged Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) (3) Prohibited Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) (c) Two -story homes. (1) Preferred. Eave heights:: Beachfront and Ocean West Districts — From eight feet to 12 feet for one -story portions (from eight feet to 14 feet for entry features) All other districts — From eight feet to ten feet six inches for one -story portions (from eight feet to 14 feet for entry features) (2) Discouraged. Eave heights: Beachfront and Ocean West Districts — Between 12 and 14 feet for one -story portions (between 14 and 16 feet for entry features) ... All other districts — Between ten feet six inches and 12 feet six inches for one -story portions (between 14 and 16 feet for entry features) The 2012 amended code does not adequately address the height of new entry features as intended. As a result, the proposed entry feature does not have a specific height limitation and is limited to being consistent with the scale and proportion of the rest of the house. With regards to the flat roof proposed for the entry and loggia, flat roofs are not permitted by Section 70- 187(6). However, within the description of Gulf Stream Core district (Section 70 -28, (b)(3)), lanais are described as being used extensively throughout the district in the backyards of lots. Many of these existing lanais and loggias feature flat roofs or roofs with a very low slope. The proposed flat roof is consistent with the standards of the existing neighborhood district and, therefore, consistent with the requirements of Section 70 -107 Recommendation The proposed new entry feature and rear loggia meet all the City standards with regards to Floor Area Ratio and setbacks. As stated above, the current Town Code does not place a specific height limit on the entry feature. The proposed entry stands 14 feet in height to the top of the railing as compared to the 21.5 feet high roof ridge. Under the current code, the proposed improvements are consistent with scale and proportion of the existing house. As such, we can recommend approval of the request. Code Review Listing Page 12 of 13 It is also recommended that the Town Design Manual be amended to place specific height limitations for entry features. Below is a suggested revision to Section 70 -100 with the additions underlined and the deletions stricken. The suggested entry feature heights are generally what was approved within the original Design Manual, however, the definition of entry feature has been expanded to incorporate additional architectural features. Suggested Code Amendment Section 70 -100. Roof and eave height (a) (4) Entry features are the front portion of the structure which provide door entrance to the dwelling. The height of the entry feature is measured from the finish floor elevation to the upper portion of any balcony railings, Dutch gable, eaves, architectural banding or other such architectural elements. Entry features, if used, should provide a sense of arrival, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (b) One story homes. (1) Preferred. Eave heights: From eight feet to ten feet six inches Entry feature heights: From eight feet to 12 feet ... (2) Discouraged Eave heights: Between ten feet six inches and 12 feet Entry feature heights: Between 12 and 14 feet (3) Prohibited Eave heights: Less than eight feet or greater than 12 feet Entry feature heights: Less than eight feet or greater than 14 feet (c) Two -story homes. (1) Preferred. Eave heights: Beachfront and Ocean West Districts— From eight feet to 12 feet for one -story portions 22 feet six inches or less for two -story portions All other districts — From eight feet to ten feet six inches for one -story portions 21 feet or less for two -story portions Entry Feature heights: All districts - From eight feet to 14 feet (2) Discouraged. Eave heights: Beachfront and Ocean West Districts — Between 12 and 14 feet for one -story portions Between 22 feet six inches and 24 feet six inches for two -story portions All other districts— Between ten feet six inches and 12 feet six inches for one -story portions Between 21 feet and 23 feet for two -story portions Entry feature heights: All districts — Between 14 and 16 feet Code Review Listing Page 13 of 13 (3) Prohibited. Buildings more than two and one -half stories Eave heights: Beachfront and Ocean West Districts — Less than eight feet or greaterthan 14 feet for one - story portions Greater than 24 feet six inches for two -story portions All other districts — Less than eight feet or greater than 12 feet six Inches for one -story portions Greater than 23 feet for two -story portions Entry feature heights: Less than eight feet or greater than 16 feet These suggested heights will provided the needed limitation on entry features, while allowing for sufficient flexibility for quality architectural design features. The Architectural Review and Planning Board is encouraged to review the proposed amendment to ensure that the entry feature heights are consistent with the Town's architectural history and character. Kelly Avery From: Postmaster Sent: Thursday, July 16, 2015 11:42 AM To: Local Recipient Subject: 021314 agenda and attachments.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 021314 agenda and attachments.pdf File Size 6597793 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. February 7, 2014 CHAIRMAN: William Boardman COMMITTEE MEMBER: David Bodker Richard Mouw Patricia Randolph Benjamin Schreier REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, FEBRUARY 13, 2014 @ 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 1- 16 -14. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meetings a. February 2B, 2014 @ 8:00 A.M. b. March 12, 2014 @ 8:00 A.M. �cw-� c. March 26, 2014 @ 8:00 A.M. _ d" d. April 9, 2014 @ 8:00 A.M. _7-p6 Gp.U,wc,..( e. April 23, 2014 @ 8:00 A.M.✓ VI. Communication from the Public (3 min. maximum) VII. Correspondence and Suggestions Received to Date. Consider establishing waivers Review Generator Regulations Mechanical Equipment Setbacks Maximum Lot Coverage Review Landscape Code Fence Heights Signs Elevation of Seawall caps Roof Color & Material North Ocean Blvd. Overlay in relation to 78' setback provision Finished Floor Elevation - Possible FEMA change to 7.5' Review Roof & Eave Hgts. & Entry Features Installation of sidewalks & pathways VIII. Items to be considered at this meeting. Consider establishment of waivers. Review Existing Regulations for Generators Sec.22 -78 thru 22 -81. Minor Accessory Setbacks - Mechanical Equipment Sec. 70 -51 & 70 -74. 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. MINUTES OF THE ORGANIZATIONAL MEETING HELD BY THE AD HOC COMIvfITTEE OF THE TOWN OF GULF STREAIVL FLORIDA, ON THURSDAY, JANUARY 16, 2014, AT 9:00 A.M. IN THE COMMISSION CHAMIIERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAIIT, FLORIDA I. Call to Order: Chairman Boardman called the meeting to order at 9:06 A.M. II. Roll all: Present and William Boardman Chairman Participating David Bodker Committee Member r6 Richard Mouw Committee Member Patricia Randolph Committee Member Benjamin Schreier Committee Member Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor. Town Clerk John C. Randolph Town Counsel A. Swearing in of Members Chairman Boardman stated he would defer swearing in of the members of this new Ad Hoc Committee. He continued that this Ad Hoc Committee is a different kind of body to take suggestions and to look into possible changes with the Design Manual. He reported that the Committee will be in total compliance with the law. Chairman Boardman also stated that we have to know what we are and what the need to do. III. Briefing from Attorney Randolph: Town Counsel Randolph stated that this Ad Hoc Committee is similar to a Citizens' Advisory Committee. He reported on dhe members' Financial Disclosure Statements stating that these Statements are rather innocuous, and that he will check further to see if they are a requirement for participation on this committee. Town Counsel Randolph also stated that the Sunshine Law is very easy to follow, e.g. two (2) or more members from a committee may not communicate or speak with each other outside of a public meeting regarding the business of the committee. He continued that if this Law is violated, any action the member has taken, can be thrown out Town Counsel Randolph commented that the Ad Hoc Meetings have to be posted, press invited, and minutes have to be taken according to the law. He admitted the adhering to the Sunshine Law can been difficult in a small town when visiting with neighbors. Town Counsel Randolph described an Ad Hoc case in the Town of Pahn Beach that was conceived in the "dark", not in dle sunshine, and the Florida Supreme Court did not have it ratified. He continued that you can discuss an issue with him, Town Hall Staff, members of the public, Town Commissioners, or Town's ARPB Staff one to one. Town Counsel Randolph also stated he cannot poll outside a Public Meeting what their opinions were and neither can any Commissioner. He repeated that all business should be done at the meetings. W. Instructions /Comments from Chairman Boardman: Chairman Boardman repeated that no oath will be taken at this meeting. He also stated punctuality would be appreciated, and that the meetings should last only 11/2 hours. Chairman Boardman reported that there is an obligation for the public to speak and invite various persons to come to the meeting to make their recommendations. He discussed the scope of the committee referring to the book of zoning laws and the Design Manual. Chairman Boardman referred to the four (4) times that the Manual has been reviewed since Meeting To na m of GulfS DRAFT Taaeam January 16, 2014 — Page 2 1995 when it was adopted He explained that the Committee was not engaged to go through the manual page by page. Chairman Boardman continued that their job was to make a reasonable effort to surface any areas that separation for change is necessary. He referred to the handout distributed by Town Clerk Taylor that included a suggestion by ARPB Chairman Scott Morgan, and stated that they will address other suggestions also. Chairman Boardman announced that there was a political environment with regard with what the committee will be addressing, referring to the issue of last summer. He suggested having a brief invitation written to the Town's residents asking them to surface issues or comments also. Town Clerk Taylor distributed a copy of the letter Chairman Boardman requested to be sent out Town Counsel Randolph inquired if a list would be going out with the letter. Chairman Boardman responded "No ". Town Counsel Randolph stated that the letter should state that the Town's residents have the opportunity to give their recommendations, as opposed to adding to a list. Chairman Boardman suggested that the residents help develop a list He also stated that the letter should also list the Ad Hoc Committee Members. Chairman Boardman commented that Agenda Item V. is a standard item, and makes a lot of sense on an Agenda, due to the flexibility and moving around the Agenda topics, at a regular Committee Meeting. V. Additions Withdrawals Deferrals Arrangement of Agenda Items There were none at taus Organizational Meeting. VI. Announcements: A. Meeting Dates to be decided Chairman Boardman reported that the Committee should meet once every two (2) weeks to deal with the issues properly, and to keep the momentum going. He continued that the Committee's work should be completed by April 2014. Chairman Boardman suggested starting the meetings at 8:00 A.M., and lasting no longer than two (2) hours in length. After much discussion, it was agreed that the meetings will be held on Thursday, February 13th, Friday, February 28s, Wednesday, March 12's, Wednesday, March 26', Wednesday, April 9'", and Wednesday, April 23'. VII. COMMUNICATION FROM THE PUBLIC 0 MIN MQd1K : There were none. Ad Hac hfeecing To. of Gulf Stream January 16, 2014 — Page 3 13 PI & T VIII. ITEMS BY STAFF: Town Clerk Taylor stated that each Committee Member has to participate in die ethics training by Palm Beach County. She continued that either a representative can come to Town Hall and make their presentation or each member can watch the one (1) hour program on the Internet, on their own time. Town Clerk Taylor stated that after watching the presentation on the Internet, each member signs and dates the form and returns it to the Town, where it stays. She recommended the members going on the PBC Ethics Training Website for further directions. Town Clerk Taylor also distributed the Sunshine Law booklets. Chairman Boardman suggested all members doing it by themselves via the Internet which everyone agreed to, rather than having a representative from Palm Beach County come in person. Town Manager Thrasher inquired regarding who would be distributing the afore- mentioned letter going out to residents. Chairman Boardman stated that it should go out on the regular Town's contact mailing list with the names of the Ad Hoc Committee Members on the bottom of the letter. Town Manager Thrasher reported that the Town has been challenged with many public records requests. He discussed in detail the issues involved wide public records requests. Town Manager Thrasher stated that any emails or documents sent or received that deal widi public information from a committee member, may be requested and a copy must be distributed to them which has caused difficulty with the Commissioners and ARPB Members in die past. He stated that all Ad Hoc Committee Members have an email set up already through the Town's computer server, and that they should utilize it when commutlicating regarding any Town business to avoid any further issues. Town Counsel Randolph also discussed bow public records are in the same realm as die Sunsl -dne Law. He suggested that die Ad Hoc Committee not use their personal computer with anything involving tie committee. Town Manager Thrasher added that email is the easiest mode of communication, and reminded Committee Members that the Office Staff can only retrieve members' emails addressed to the individual Staff. Town Counsel Randolph strongly recommended again the members not to use their personal computer for any Town Hall communication. He continued that if they do happen to use their own personal computer by mistake, they should immediately forward the information to die Town, and then the Town would have it on their record, and would then take care of responding to it. Chairman Boardman asked if he could email Committee Member Randolph through the Town's server using her Town's email address and was told immediately "No ". Hoc ueting To wn D To ofG m ulfSnea January' 10, 2014 — Page 4 Town Manager Thrasher gave directions on how to get into the Town's website and mail server. He also stated he would like to meet with each member individually at the close of this meeting to provide them their Town's personal email address. He also described how the members could retrieve emails from their Phone. Town Manager Thrasher reassured all members that if they had any questions or issues regarding their new email address, they should contact him, and he will assist them or have the Town's computer technician help them. Committee Member Mouw inquired if Meeting Agendas would be emailed. Town Manager Thrasher responded that the Meeting Agendas will be emailed. He explained the other Town Board Members have them hand - delivered, as they are residents in die Town. Town Manager Thrasher described and referred to the "nasty" unorganized handout Est dated May 16, 2013. He stated that there are seventeen (17) items mentioned since the last rendition of the Code: Town Manager Thrasher continued that he included comments of the landscape code, priority items of litigation and legal complaints against die Town, with regard to colors, roofs, metal roofs, and the architecture style that would be appropriate for the metal roofs which has been prohibited in the past He also commented that he would consider giving priority to ARPB Chairman Scott Morgan's suggestion on Page 13, #3. Chairman Boardman interjected stating that he would review all these priorities with Town Manager Thrasher and Town Cledt Taylor prior to the next meeting. Town Manager Thrasher referred to the signs code, e.g. "For Sale" signs in the right of way on AIA. Town Counsel Randolph suggested not addressing the "sign" issue at this time, as that was an enforcement issue. Chairman Boardman reported that the letter should be available to be sent out as soon as possible, and inquired how the residents could reply to it. Town Manager Thrasher responded by the Town's Ad Hoc email address or regular mail and no telephone calls. Committee Member Randolph stated all comments must be in writing which will preclude any conversation on the street regarding that issue. Town Clerk Taylor reminded all members once they receive their Town email address to fill out the blank sheet that was distributed earlier at the meeting and return it to her. Town Manager Thrasher stated that their passwords be kept very confidential. Ad Hoc Mceung To. of Gulf Stream /� January 16,2014 —Pages D �+u /A\ /�—L1 Py IX. ITEMS BY COMMITTEE MEMBERS: Chairman Boardman stated that the Ad Hoc Committee will also look into processes. He continued that there are community concems expressed regarding the flexibility of granting waivers vs. variances. Town Counsel Randolph commented that variances show a special criteria, and is very difficult to get. He continued that there are other ways to approach that issue. Town Counsel Randolph stated it would be wise to discuss that also. Chairman Boardman addressed the code section on the Town's restricted activities during certain periods of time, and stated that will be looked into. Committee Member Mouw stated that his community, Village of Golf, is too restrictive, and he was very interested in that topic. Committee Member Bodker inquired regarding the extent of rewriting die design guidelines stating that the landscape codes are pretty subjective. Town Manager Thrasher agreed. Town Counsel Randolph commented that lie is interested to learn from persons who work with a Design Manual, if they like it, compared to general criteria. He continued dint architects like the manual because they know what can and cannot be done. Town Counsel Randolph hirther stated that other communities do not Like a manual because of the "cookie cutter" effect Committee Member Bodker stated he loves working wide a manual, and feels that it would give more "teeth" to the Board on landscaping. Town Manager Thrasher reported that Dfartin Minor has given details on landscaping which is fisted on die handout. Town Clerk Taylor stated Mr. Minor will lend a hand to the Ad Hoc Committee, and will do a little drafting. Town Manager Thrasher reported that the final decisions of the Ad Hoc Committee will go before the ARPB and then the Commissioners. Town Clerk Taylor stated that Town Counsel Randolph should implement the procedure. Town Counsel Randolph reported that nor. Minor should put the Committees' recommendations in written form, and then it should be sent to the ARPB and then the Commission. He continued it should then be presented in an Ordinance, if approved. Town Counsel Randolph further commented that Mr. Minor should draft the list for the code, and then eventually for an Ordinance. Ad Hoe M ating Ton. of Gulf Su.. January 16, 20I4 —Pago 6 DRAFT Committee Member Schreier commented that the Town has been very knowledgeable with meeting and assisting with code's guidelines and that process has worked very well. He reported that the Town of Gulf Stream has made a great effort to guide professionals. Committee Member Schreier also suggested that they should not become overly restrictive in the abilities of creativity. Town Cotmsel Randolph stated those comments were interesting. He also referred to the flexibility on waivers in creativity mentioned earlier in the meeting. Chairman Boardman reported that in due course yesterday's suggestions become tomorrows design changes. Committee Member Schreier stated that dle public is very frustrated on what's being presented to the Board in that they are unable to view the exhibits. Town Manager Thrasher explained that the presentations can now be shown on a PDF program in Town Hall, at an optimal location in Town Chambers. Committee Member Schreier reported that there will be a speaker, Elizabeth Plater- 7yberk, on urban issues and planning at die Delray Old School, on February 2e from 6 — 8 p.m. He encouraged everyone to attend, they have an interest in these matters. X. ADJOURNMENT: Chairman Boardman adjourned the meeting at 10:20 A.&1. Sandra Fein Recording Secretary INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: Ad Hoc Committee Members DATE: 2 -7 -14 RE: Correspondence from Public The attached are the communications received as a result of the the letter the Chairman sent to the residents inviting comments. The content of these.is incorporated in the listing on the agenda for the February 13, 2014 meeting of your committee. Re: Design Manual of Town of Gulf Stream - ad com Re: Design Manual of Town of Gulf Stream P K Murphy <murphypk @aol.com> Wed 1/22/20147:30 PM road corn <adcom @gulf- stream.org >; Dear Committee: Page 1 of 1 Having spent time attempting to gather information to help facilitate the installation of a generator on my property, It is my opinion that the process, which falls under The Design Manual of the Town, needs to be addressed. • Confusing • Not transparent • Too difficult to navigate • No one in the Town Hall seems to be knowledgeable as to the requirements It is my opinion that this procedure and the requirements should be reviewed and changed to make the process simple and straightforward. Thank you, Mrs. Daniel]. Murphy 535 Banyan Road Gulf Stream, Fl. Suggestions - ad com Suggestions Dee Dixson <autograph664 @gmail.com> Mon 1/20/2014 11:53 AM Toad com <adcom @gulf- stream.org >; To Ad Hoc Committee 1. Ad Hoc committee should have a deadline fora report, say June t. Otherwise hJust drags on with no action. Page 1 of 1 2. The application to run as a candidate in an election should be extended 3 or 4 weeks. This true this March in Jupiter and West Palm Beach for example. 3.Should we have "at large' candidates, plus one from Place Au Soleil and the annexed area? They could be for 2 or3 years. 4. Does Fl. law require a commission to meet every month June through Sept? We would get a lot more partidpation if they met only 2 or 3 months in the summer. Robert), Dixson 3900 N. Ocean Blvd. Design Manual - ad com Page I of 1 Design Manual dgfrey @grrmi.com Mon 1/20/2014 10:17 AM road corn <adcom @gulf- streann.org >; Please consider Improvements to the town that encourage /facilitate walking; eg dedicated pathways, sidewalks„ etc. Design Manual - ad com Design Manual Preston, Andrew <Andrew. Preston @tomasmaier.com> Thu 1/232014 533 PM Toad cam <adcom @gulf- stream.org >; Dear Committee Members, Page I of 1 In response to your letter dated 1116/14 we would like to suggest that Bermuda style homes be allowed to have brown tile or wood shingle roofs. We, as owners of one of the last few Bermuda homes on the beach, feel that this would help make the style more appealing and contemporary to younger home owners. Thank you Andrew Preston & Tomas Maier ... „ . 1 ,. Design Manual - ad corn Design Manual SEABRZDELR @aol.com Fri 7/24/2014 3:02 PM Toad com <adcom @gulf- stream.org >; Dear Ad Hoc Committee, Page 1 of 1 There was a change to the manual in October 2010 resulting in a maximum fence height of 4 feet in PAS 1 posed questions on how and why this came about and received some very vague answers. Finally, I was told that It was due to a 6 foot fence that had been erected that was "ugly ". My response was that ugly is still ugly at 4 feet. If you drive through PAS, you will find that most of the older fences are 6 feet. There have been 6 foot fences erected since the new height restriction, some of which have had to be modified and some which have not. To me this indicates that residents of PAS enjoy the comfort and the style of 6 foot fencing and that this should return to it original height allowance of 6 feet. It would be greatly appreciated If your committee would consider this Issue when making the latest changes in our town design manual. Kind regards, Diane M Mulvey 930 Indigo Point Fence Height Change for Design Manual - ad com Fence Height Change for Design Manual DRMEL2000 @aol.com Man 1/272014 1230 PM Toad com <adcom @gulf- stream.org>; Dear Ad Hoc Committee Members: Page I of 1 I am writing specifically in reference to the fence height change in October 2010 from 6 feet to 4 feet maximum. I believe that 4 foot fences do not address privacy nor safety. They are just too short. The original fences in PAS are 6 feet by choice, not mandate. That should be enough indication that residents prefer 6 foot fencing. I also think that white vinyl fences, of which we have manyin PAS, are attractive, minimal maintenance, provide consistency and should be allowed again. There have been several fences erected since then that have been over the limit. The new code has not been equally enforced. This should be of great concern to us all, but especially to the residents who've had to modify their fences. Please give this concern your serious consideration, so that the fair and equitable outcome -- the original 6 foot height allowance -- may be reinstated. I thank you. Respectfully, Melanie Bazarte 940/930 Orchid Lane Fwd: Reply for Design Manual - ad com Fwd: Reply for Design Manual Frank Russo <fjrussoll @gmail.com> Thu 2/6/2014 9:42 AM Toad com <adcom @gulf- stream.org >; cc:DRMEL2000 @aol.com <DRMEL2000 @aol.com >; ---- - - - - -- Forwarded message - -- From: <DRMEL2000Pao1.com> Date: Thu. Feb 6, 2014 at 6:07 AM Subject Reply for Design Manual To: FlrussollCaamaiLmm Page I of 2 Hi Frank, Thank you both for your note and your support! PLEASE take another two minutes to write or forward it to the committee!!!! (and send me the copy) They need to know to make the change! adcom@gulf- stream.org Thanks again, Melanie Dr Melanie Bazarte 561- 441 -9215 In a message dated 02/05/2014 10:39:23 A.M. Eastern Standard Time, firusso11 on-umail.com writes: We are in favor of your concern and hope that this is taken into consideration. Good luck On Tue, Feb 4, 2014 at 9:39 PM, <DRMEL2000na-aol.com> wrote: Dear Ad Hoc Committee Members: I am writing specifically in reference to the fence height change in October 2010 from 6 feet to 4 feet maximum. I believe that 4 foot fences do not address privacy nor safety. They are just too short. Fwd: Reply for Design Manual - ad corn Page 2 of 2 The original fences in PAS are 6 feet by choice, not mandate. That should be enough indication that residents prefer 6 foot fencing. also think that white vinyl fences, of which we have many in PAS, are attractive, minimal maintenance, provide consistency and should be allowed again. There have been several fences erected since then that have been over the limit. The new code has not been equally enforced. This should be of great concern to us all, but especially to the residents who've had to modify their fences. Please give this concern your serious consideration, so that the fair and equitable outcome -- the original 6 foot height allowance -- may be reinstated. I thank you. Respectfully, Melanie Bazarte 940/930 Orchid Lane Kelly Avery From: Postmaster Sent: Thursday, July 16, 2015 11:42 AM To: Local Recipient Subject: 022814 agenda and attachments.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 022814 agenda and attachments.pdf File Size 1144178 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. CHAIRMAN: COMMITTEE MEMBER: William Boardman Richard Mouw Patricia Randolph Benjamin Schreier February 24, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE STREAM, FLORIDA ON FRIDAY, FEBRUARY 28, 2014 AT 8:00 A.M. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF FLORIDA. AGENDA TOWN OF GULF IN THE STREAM, I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting of 2- 13 -14. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting a. March 12, 2014 @ 8:00 A.M. b. March 26, 2014 @ 8:00 A.M. c. April 9, 2014 @ 8:00 A.M. d. April 23, 2014 @ 8:00 A.M. VI. Communication from the Public (3 min. maximum) VII. Items to be considered at this meeting. A. Consider establishment of waivers B. Finished Floor Elevation Increase (Sec. 70 -77) C. Seawall Height & Cap (Sec.70 -78) D. Installation of sidewalks & pathways VIII. 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. MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA, ON THURSDAY, FEBRUARY 13, 2014, AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:06 A.M. II. ROLL CALL: Present and William Boardman Chairman Participating Richard Mouw Committee Member Patricia Randolph Committee Member Benjamin Schreier Committee Member Also Present and William H. Thrasher Town Manager 9@ Participating Rita L. Taylor Town Clerk Christopher O'Hare Resident Robert Smythe Personalized Power Systems Will Ferrigno Assurance Power Systems Robert Biscardi Sun Electric Service & Repair Town Clerk Taylor announced that Committee Member David Bodker resigned from the Committee due to some residents viewing it as a conflict of interests and possibly self-serving. Chairman Boardman inquired whether that information would be relayed to the Commission so that they can appoint someone else. Town Clerk Taylor stated that she would convey that item to the Commission. III. MINUTES OF THE REGULAR MEETING OF 1-16-14; Chairman Boardman corrected the statement he made in Agenda Item IV. stating that it should read that the public did not have an obligation to speak at the Ad Hoc Committee Meetings. He continued that since this Committee is an Advisory Committee, the members did not have to be swom in or file any financial statements, as per Town Counsel Randolph's research. Chairman Boardman stated that there could be an item on a future Agenda that provides a period for the public to speak. He continued that if that was not done in a civil manner, that item would be removed from the Agenda. IV. ADDITIONS. WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS• Chairman Boardman suggested accommodating the generator company representatives present at this meeting, by having them speak first under Agenda Number VIII. "Items to be Considered at this Meeting ". V. ANNOUNCEMENTS: A. Meeting Dates 1. Regular Meetings a. Februaty 28, 2014 @ 8:00 A.M. b. March 12, 2014 @ 8:00 A.M. c. March 26, 2014 @ 8:00 A.M. d. April 9, 2014 @ 8:00 A.M. e. April 23, 2014 @ 8:00 A.M. Ad Hoc Meeting Totes of Gulf So=rn Febmary 13,2014 — Page 2 DG3AF7 Town Clerk Taylor announced the next Ad Hoc Committee Meeting would be on February 28'" at 8:00 A.M. Chairman Boardman discussed the letter which was sent out to 500 households in Town informing them of the formation of the new Ad Hoc Committee, and requesting responses to the residents' issues they had with the Town's Design Code. He continued that the Office received back eight (8) responses. VI. COMMUNICATION FROM THE PUBLIC 3- MINUTE MAXIMUM Christopher O'Hare thanked the Ad Hoc Committee for continuing with Public Comments. He discussed his prospectus of the history of the Town's Building Code. Mr. O'Hare referred to the present Code as an atrocity, and that the Design Manual was crafted as vague as possible. He referred to the present litigation regarding building violations on Town Hall property. Mr. O'Hare discussed 4' vs. 6' fence heights in Place an Soleil, with regard to privacy. He stated that he hoped that this Committee would save the Town. Chairman Boardman stated that it would be very helpful to have Mr. O'Hare write down his specific issues or concepts for the Committee Members' review. VII. CORRESPONDENCE AND SUGGESTIONS RECEIVED TO DATE: Consider establishing waivers Review Generator Regulations Mechanical Equipment Setbacks Maximum Lot Coverage Review Landscape Code Fence Heights Signs Elevation of Seawall caps Roof Color & Material North Ocean Blvd. Overlay in relation to 78' setback provision Finished Floor Elevation — Possible FEMA change to 7.5' Review Roof & Eave Heights & Entry Features Installation of sidewalks & pathways Chairman Boardman reported that on the upcoming Agendas, there will be a reminder of the topics and any changes will be addressed. He stated that the Committee should complete their task by the end of April 2014. Chairman Boardman also detailed the above -named topics created by residents and Staff to be discussed at future meetings. Committee Member Schreier referred to FEMA change to 7.5' item should be of consideration of this Committee. Town Clerk Taylor stated that there were items received after the Agenda was sent out to Committee Members, and she distributed them accordingly. To Hue GulfStg D U it Q CT Town atGudlStream February 13,2014 — Page 3 Chairman Boardman reported the additions to the original list: additional fence concerns, notification of Robert Smythe, Personalized Power Systems presence at this day's meeting, speed limits and speed bumps which he stated were not in the scope of this Committee, and Charter Revisions, with regard to architectural designs for the Commissioners, which would be put on file for the proper Committee. VIII. ITEMS TO BE CONSIDERED AT THIS MEETING: Consider establishment of waivers Review Existing Regulations for Generators Sec.22 -78 through 22 -81. Minor Accessory Setbacks — Mechanical Equipment Sec. 70 -51 & 70 -74. Town Manager Thrasher stated that there are two (2) situations with regard to generators. He continued that one has to do with the DBA decimal reading on the generators listed in Code Section 22 -77 that deals with noise tolerance, and the other issue is in Code Section 70 -74 regarding the setback locations on the property for generators. Town Manager Thrasher reported that there are five (5) districts that have separate setback requirements for minor accessories. He described the Gnerators' ptocess application. Chairman Boardman inquired regarding the setbacks in the Town's core or Place Au Soleil. Town Manager Thrasher reported minor accessory front setbacks are 25' for the Town of Gulf Stream core district, 12' on the side interior, 17' corner side, rear interior setback is 15', on AlA is 25', and anything connected to water is 20'. Mr. O'Hare interrupted and stated that the DBA is useless as noise should be regulated. He suggested that the Town's Code should be more simplified, and not give so many details. Chairman Boardman stated that Mt. O'Hare should not interrupt again, which Mr. O'Hare agreed to. Robert Smythe stated the biggest item is the noise ordinance, and residential generators are not made to run at full load. He continued the average home generator runs at less than 50 %. Mr. Smythe said putting the generators at the property line works fine. He continued it does not say full load on the spec sheet. Mr. Smythe reported that his equipment runs low and quiet, and meets the Town's Ordinance. He thanked the Committee for his presence at the meeting and asked to have the code changed to normal running mode which would solve all the problems. Will Fetrigno stated that with most major manufacturers only one (1) identifies full running mode on their spec sheets. He also stated that it would be reasonable for the Town to work with their companies because they use quality products to meet noise requirements. Chairman Boardman inquired regarding the Village of Golf and Town of Ocean Ridge. o Hoc Meeting T D Town of Gulf Stream February 13,2014 — Page 4 Mr. Ferrigno stated Palm Beach County's requirement is 75 decimals. He continued that Town of Gulf Stream is 66 which is the quietest. Nit. Ferrigno responded that Village of Golf is 72 decimals. Chairman Boardman inquired regarding what the equivalent code section states with the surrounding communities. Mr. Ferrigno stated that it lists normal running load. He also stated he will provide their information. Committee Member Schreier inquired how often have there been complaints from Town's residents regarding noisc from generators. Town Manager Thrasher stated there have been no complaints based on the present way of establishing of the requirements. He continued that it appears that the residents are satisfied with the code to provide a quiet environment for their lifestyle. Mr. Ferrigno inquired if there were complaints with the other way. Town Manager Thrasher responded that there were verbal complaints. Ivfr. Ferrigno stated they are only trying to get approval for the normal product for 64 db. He continued that they arc splitting hairs over 1 db. Town Manager Thrasher stated the he agrees that the spec sheet is the guiding criteria for the generator meeting the standard. iblr. Ferrigno stated that their products do meet the standards and they do suffice. He continued that there is not a cost issue to go with a lesser expensive unit. Town Manager Thrasher reported it would be difficult for someone to arbitrarily administer a code for full load or normal load. He stated that the present restrictive Town's Code works well and easily with the present staff. hlr. Ferrigno inquired why the spec sheet the Town received was not being approved. Chairman Boardman stated that he liked the uniform standing running rate and to not get into ambiguity. He also addressed the issues of setbacks with regard to being common with 15' rear setbacks in both neighborhoods. Robert Biscardi stated that the Town is much higher than most communities. Committee Member Schreier inquired why generators were put on the Agendas. Ad Hoc Meeting Town of Gulf Stream February n, 2014 — Page 5 DRAFT Chairman Boardman responded that he put that item on the Agenda. He continued that his concern was with the other equipment, e.g. pool heaters, pool pumps. Chairman Boardman stated that when there is major renovation at the home, that equipment is put in the rear of the home and it affects the neighbor. Board Member Schreier stated that that equipment should be placed beyond the side setbacks rather than in the backyard. He continued there should be two (2) pieces of equipment per setback. Board Member Schreier reported that there are different variables with plus and minuses for each case. Committee Member Mouw agreed to a normal load and to rely on the manufacturer's data. Chairman Boardman inquired if you can put an air conditioning unit in the back property. Town Manager Thrasher responded front, side, or rear, as long as they meet the requirements. Chairman Boardman thanked the representatives from the generator companies for their time. He reported that the Ad Hoc Committee is not an action Committee. Chairman Boardman continued that at the end of April, the Committee will submit a "package" to the ARPB Committee, and then they make a recommendation to the Commission who then approves any changes. Town Manager Thrasher, in reply to a question from Mr. Smythe, reported that an Ordinance could take from nine (9) to twelve (12) months. Town Manager Thrasher addressed the inquiry from Mr. O'Hare regarding four (4) fences in Place Au Soleil which are prohibited in Code Section 70 -187 due to the fact they are over 4'. Chairman Boardman asked the Committee if they had any comments regarding the other types of equipment, e.g. pool heaters and pool pumps. Committee Member Mouw stated that the Town should adhere to normal load with regard to generators, and rely on manufacturer's data rather than having the Town do the ratings which could be flawed. Town Manager Thrasher reported that the Town does have a Noise Ordinance but there is no section in that Ordinance to have anyone going out to do any dba readings. Committee Member Schreier suggested taking the Noise Ordinances out of the code because of grey areas. Town Clerk Taylor reported that there is not just one overall Noise Ordinance. She continued that those things are addressed differently, e.g. the generators are addressed, and construction noise is addressed separately. Ad Hoe Meeting Town of Gulf Storm Febmary 13, 2014 — Page 6 DURa(RY Committee Member Mouw reported a nuisance in his own neighborhood of a malfunctioning pool pump that has been very disturbing and suggested this would be an instance where a decibel reading should be taken. Town Manager Thrasher said a typical response from the Town would be to communicate with the homeowner regarding the noise to make sure they are aware of it, and to inform them of the annoyance to their neighbors. He continued that in 99.9% of the tithe, the owners are very cooperative rectifying the issue. Chairman Boardman addressed the smaller lots and the issues with pool heaters and pool pumps. He stated if someone lives on one of these exception lots, that equipment can be no closer to the property line than it is to your house. Chairman Boardman felt this to be an extraordinarily fair solution. He also stated that this was not applicable to most installations. Town Manager Thrasher referred to Code Section 70 -75 which relates to special exceptions to setbacks. He continued that there are six (6) standards that must be met which includes the above - mentioned exception. Chairman Boardman repeated that the equipment has to be on the side of the house and closer to your house than the property line. Committee Member Schreier stated that this is a no win situation. He continued with examples of privacy walls between neighbors that he has built homes for. Chairman Boardman stated that he wanted easier issues on the Agenda for the first Ad Hoc Meeting. He also hoped that the Committee would shy away from creating ambiguities. Committee Member Randolph asked for an explanation of the Noise Ordinance. Town Manager Thrasher reported that in regards to noise, the Town of Gulf Stream is not as restrictive as other towns. Chairman Boardman asked for a motion on how the Town should measure the decible levels on generators. Committee Member Schreier suggested running db levels for residential generators. He continued that he can put a generator within a setback in the Town of Boca Raton, but in Town of Palm Beach, he can put a generator between the property lines and the setback. Committee Member Schreier moved and Committee Member Mouw seconded to approve running decimals for residential generators. All voted AYE. Ad Hoe Meeting Too,n of Gulf Stream February 13,2014 —Page 7 DG AFF Chairman Boardman stated he did not sense that any conclusions should be reached at this time on accessory equipment. He continued that there were requests from a number of residents on how the overall process works. Chairman Boardman reported that getting a variance to a requirement is It very strict process with elements of being very difficult. He suggested whether the ARPB should waive the requirements with exceptional situations. Chairman Boardman reported that he has asked Town Counsel Randolph to prepare a description of how a waiver might operate, as opposed to a variance and to produce some examples of the language that other municipalities have used in waiver language. He continued that the heart of it is that "What does it take to get a waiver or a variance "? Chairman Boardman further stated that there should be some conclusion to the accessory items. IX. ITEMS BY COMMITTEE MEMBERS: Committee Member Mouw inquired regarding the replacement of Committee Member Bodker, who was very knowledgeable with regard to the Landscape Code. Town Clerk Taylor reported that there will be an appointment to fill his spot by the Commissioners. Chairman Boardman stated that it will be difficult to review Landscape Code, without a Landscape person. Town Manager Thrasher inquired if this Committee had any suggestions regarding an appropriate Landscape person, they should email them to him. Committee Member Schreier mentioned two (2) possible applicants: Novaro Williams and Joseph Peterson who would be appropriate candidates for this Committee. X. ADJOURNMENT: Chairman Boardman adjourned the meeting at 9:30 A.M. Sandra Fein Recording Secretary Rita Taylor From: Randolph, John C. <JRandolph @jonesfoster.com> Sent: Friday, February 14, 20141:19 PM To: Rita Taylor Subject: Ad Hoc Committee - Code Review Rita, You indicated that the ad hoc committee, at its meeting of Thursday, February 13, 2014, asked that I provide examples of "waiver" language which other communities use which could be used in place of granting a variance, specifically as it relates to matters contained within the Gulf Stream Design Manual. There are many ways to approach this matter. One is to allow for a special exception, as opposed to a variance, for matters contained within in the Design Manual. Special exceptions, as you know, are less restrictive than variances and do not require the showing of a hardship. The Town's current code lists standards for special exceptions at Section 66 -164 which, when compared with the standards for variances at Section 66 -154, are obviously less restrictive. I am not sure whether or not a special exception would be the appropriate tool, however, to use in considering modification to criteria set forth in the Gulf Stream Design Manual. Another methodology with which I am familiar is to provide for alternative development standards. Alternative development standards are used in place of the more severe standards relating to variances and contain criteria such as the following: A. The proposal will not cause substantial injury to the value of any other property in the neighborhood where it is to be located. B. Will be compatible with adjoining development and the intended purpose of the district in which it is to be located. C. Will be consistent with all relevant elements of the Town's Comprehensive Plan. D. Will not result in substantial noise, dust, glare or odor impacts on any other property in the neighborhood where It Is to be located. E. The use of alternative development standards will not result in a building which is more visible from adjacent property or public rights -of -way than that which could be constructed without the use of alternative development standards. F. The proposal will result in a more conforming structure than the structure currently in place. G. Proposed screens and buffers are sufficient to insure compatibility of the proposed structure with adjacent properties. An alternative to each of the above is simply to provide that the reviewing authority, at the discretion of the reviewing authority may, it its sole discretion allow for a waiver to the design guidelines based upon good cause shown. If this were to be the approach, I would recommend that there still be criteria similar to some of those listed above. I will be happy to draft the appropriate language for consideration of waivers to the current design guidelines. It seems to me that the current task of the ad hoc committee is to advise staff as to whether they wish to consider waivers in the first instance and whether or not those waivers should be provided for all design guidelines or for specific design guidelines. I do not recommend that the waiver process be provided for substantive regulations relating to height, setbacks, lot coverage, etc., as I believe variances are the appropriate tool to use in those instances. I will be happy to provide further information in regard to this at your request. JOHN C.RANDOLPH JONES-FOSTER -° ^^--^ ^-•^- Jnl! kil O\ &-ii V41M. Ph John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolohn'onesfoste com Jones, Foster, Johnston & Stubbs, PA. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 1 www.ionesfosta.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which mity delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited Please immediately notify us by email and delete the original message. Freda Defosse From: Randolph, John C. <JRandolph @jonesfoster.com> Sent: Tuesday, February 25, 2014 4:23 PM To: Bill Thrasher Subject: Ad Hoc Committee - Waivers M You have asked me to provide you, at the request of the Ad Hoc Committee, language with which I am familiar which has been used in other codes relating to waivers. One such code which prohibits boats from being hoisted or davited which are over 31 feet in length and which are more than eight feet above the mean high water has a provision which states: "These regulations may be waived by the Town Commission for good cause shown upon application filed with the Town." That particular regulation is no longer in effect, but it is an example of a waiver provision. This provision, however, is not part of the zoning code but it is a regulation relating only to hoisting or daviting boats. The Town of Palm Beach has a provision within its code which allows for dimensional waivers in certain circumstances. These waivers provide for relief from the strict application of certain dimensional requirements of the zoning code relating specifically to additions to or renovations of existing single family development constructed prior to 1980 and /or modifications to landmarked structures or properties. The granting of these waivers require certain specific criteria to be met. For example, dimensional waivers for landmarked properties provide that "The dimensional waivers may be applied to applications that seek to deviate from the strict application of the underlying zoning district regulations." In this case the waiver is only granted if the architectural design is complementary to the architecture of the building; appears subordinate to those parts of the landmarked building that materially contribute to its landmark status; does not block public views of those parts of the landmarked building that materially contribute to Its landmarked status; the footprint of the building or structure between the required setback and the reduced setback is diminimus, etc. etc. Obviously, the above regulations would not apply in the event of a waiver that is under consideration by the ad hoc committee, but they are quoted to demonstrate the fact that when a waiver is allowed it contains certain criteria rather than simply allowing a waiver at the discretion of the governing body. The Ad Hoc Committee may wish to consider granting waivers using criteria similar to criteria used for the granting of special exceptions. For example: Waivers may be granted to these Design Guidelines for good cause shown upon application filed with the Town. Requirements for granting a waiver are as follows: 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. The above are examples of the type of criteria which could be considered in the event a waiver is to be granted. I hope this Information is of some assistance. I will be happy to answer any questions or offer any other information relating to this matter. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph(a)jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tmver, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you drat written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. Tf so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 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Attachment downloads are monitored and audited for security reasons. 0 CHAIRMAN: COMMITTEE MEMBER: William Boardman Richard Mouw Patricia Randolph Benjamin Schreier Keith Williams May 6, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, MAY 8, 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 4- 30 -14. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. VI. Communication from the Public (3 min. maximum) VII. Items to be considered at this meeting. A. Draft of Ad Hoc Committee Report 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. OFFICE OF THE TOWN MANAGER WILL AM H. THRASHER DATE: May 6, 2014 TO: Chairman Boardman and Ad Hoc Committee members RE: Ad Hoc Committee Recommendations - Code Changes Section 22 -78 Regulations. Generator Noise Change "full powce' or'Tull load" to norm running. Note: There was no discussion whether the present 72 dB(A) rating for "full load" should he changed. The rating of 72 dB(A) at full load is most likely more restrictive and thus quieter than a rating of 72 dB(A) at normal running. a.t c v-rq r p. p. Criteria for allowing waivers: /4 ,./� rahh .�{5 r,!• > c :; j 1 Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. LS 2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of r the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. (— N 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the Y, district. 5. The waiver, if granted, is meritorious to the Town because of its general apps ce and adherenc� 3 to the majority of design elements within the structure. (� %rvrr' i ^ GC�''y�' '. 4 "y Section 78 -187 Table of district standards. (6) Fences "Place au Soletl" front [5/•'e 1 Provide language that would allow 6' aluminum rail fences with a minimum 2' high base of landscape material planted in front (roadside) of he a fence. ,uch fen gig would n9; extend beyond the applicable outer face of the structure. 1114.4/ a /n a na Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Section 66 -1. Definitions. Open Front Lawns herein referred to as view vista and applicable to front yards within the Nortb/South and Place an Soleil Districts. A view vista is the measurement distance of the front property line. Open front lawns, view vista, shall be a minimum of 75 % of the front property line and without landscape planting exceeding mature height of 3'. The landscaped vista view, plantings over 3', shall be no more than 25% of the front property line. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Sec. 70 -146. Purpose. (Division 3. General Landscape Standards) (a) The landscape architectural standards have been developed to reinforce the overall character and the image of the town environment. (b) The primary objectives of the landscape standards are lo: (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, walling, 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. Landscape elements help to reflne houndarles and reinforce the identity of the community Sec. 70 -147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. (1) Formal, The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. The arrangement of plant material in a random grouping or asymmetric design. (3) Manicured. Well- maintained and regularly printed. (4) Naturalistic. Allowed to grow freely with minimal maintenance. ��" - �� -�� 1..�� R. " �� \��.. .il ��`- n.��. rl ,��1 �� . ; . [' 'r.- .? M. in `. l'i " Y Manicured, well - maintained hedges along private roadway Naturalistic entry planting See. 70 -148. Principles. Because of this diversity, no particular style or technique is encouraged or discouraged overall. Landscape issues shall should be addressed on a district level basis. Some underlying principles do apply to the town as a whale: (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 1978 CCCL Me�keaeo-1 m.deadra- Sehmus-terebiath Large expanses of impervious driveway materials (4) Prohibited. In Place An 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 -p& -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 nine (Casuarina spp.), except where permitted in the North Ocean Boulevard Overlay District Brazilian Pepper (Schinus terebinthefblius) Meleleuca (Meleleuca puinpuenervia) Old -World Climbinn fem (Lveodium mimphyllum) Air Potato Vine (Dioscorea bulbifera) Carrotwood (Cuoanioosis anacardiodies) EarleafAcacia (Acacia auriculiformis) Scheffiera (Schefilem actinophvlla) Kudzu (Pueraria montana var. lobate) (Ord. No. 00-1, §§ 49, 50, 3- 10 -00, Ord. No. 04 -9, § 3, 2 -11 -05) Sea 70 -149. Typical native plants.4 _� lasted below are some of the native plants that are appropriate and presently found in the town: (1) Ground covers. 1 1 Tall Sea Ox -Eye Daisy 113orrichiaarborescons I (2) Shrubs. Cocoplum Cbrysobalanusicaco �-- Firebush Wax Myrtle Hameliapatens Myrica cerifera j-- Hobe Sound Dwarf Cocoplum Chrysobalanus icaco I— Hawaiian Beach Berry Seaevola frutesceus I Dwarf Confederate Jasmine Trachelospermum jasminoides "Minima" 1(3) Palms. jSouthem Royal Palm Roystonea elaut (Oleander Paurotis Pahn Acoeloahaphe wrightii Sabal Palm Sabal palmetto (4) Dues. Dahoon Holly Bsine S ea Grape oba uvifem Satin Leaf Chrysophyllum olivifomte I Pitch Apple I Clusia msea I Live Oak Quercus virein Mahogany Swieteniamahagoni Gumbo Limbo Bursem simamba —_ Buttonwood 1 Conocarpus erectus Sec. 70 -150. Other plants used In the town. °,Y__ (a) The following are examples of materials presently found in the town: (I) Ground rm� Chinese a r Swordfem INephrolepis exaltata j Laua'q East Indian Wart Fern Polypodium phymatodes J Peace Lily Spathiphyllum clevelandi F— Dwarf Peace Lily Spathiphyllum "Wallisii" I Dwarf Confederate Jasmine Trachelospermum jasminoides "Minima" � (2) Tall shrubs. jSouthem Wax Privet Ligustrum japonicum (Oleander - Neziumoleander (b) Three 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. (3) Waterwise South Florida Landscapes: South Florida Water Management District Section 70 -151. Applicability and Permittine The provisions of this division shall apply to all new development and redevelopment, as defined by Section 58- 76, within the Town. In addition, whenever 500A of the existing vegetation in the area seen from the street is altered landscape plan and permit are required Any landscape plan requires a separate irrigation and landscape lighting permit. Note: The Committee recommended approval of Mr. Marty Minor's landscape proposal, except for the 25% rule, and added that a separate landscape lighting and irrigation permit is required. Section 70 -166 Purpose. (Division 4. General Outdoor Liuhting Standards Add the following language. Kopsia Ochrosia parviflora Tmk Island Beach Berry Scaevolakoanigil Hibiscus iirbiscus rasa sinensis Sandankwa Viburnum Viburnum suspeasum Ficus Ficus spp. I(3) shrubs. Surinam Cherry EugenisunWora Gardenia Gardeniajasminoides ixom Ixom'Singapore','Maui', Horn Gtane,'Super King' etc. Dwarf Oleander Nerium oleander Petite salmon' i Tobira Pittosporum whirs Crepe Jasmine Tabemaemontana divaricata Chalcas Murrayapaniculata (4) Ylnes. Brown Bud Allamanda Allamanda cathartica'HendmsoniP Bougainvillea lBougainvillea spectabilis Monsters or Ceriman IMonstera Confederate Jasmine deliciosa Trachelospermumjasminoides �(5) Palms. European Fan Palm I Chamaeropshumilis Areca Palm I Chrysalidocarpus lutescens i CownutPalm Cownut Palm _ Senegal Date Palm Cocos nucifera "Malayan" Cocos nucifem "Maypan" Phoenix reclinam Pigmy Date Palm Phoenix roebelenii i(6) Tress. !Alexander Laurel or Kamer Calophyllum lnophyllum Satin Leaf Chrysophyllum oliviforme Cattley Guava Psidium littorale Pigeon Plum I Coccoloba diversifolia (b) Three 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. (3) Waterwise South Florida Landscapes: South Florida Water Management District Section 70 -151. Applicability and Permittine The provisions of this division shall apply to all new development and redevelopment, as defined by Section 58- 76, within the Town. In addition, whenever 500A of the existing vegetation in the area seen from the street is altered landscape plan and permit are required Any landscape plan requires a separate irrigation and landscape lighting permit. Note: The Committee recommended approval of Mr. Marty Minor's landscape proposal, except for the 25% rule, and added that a separate landscape lighting and irrigation permit is required. Section 70 -166 Purpose. (Division 4. General Outdoor Liuhting Standards Add the following language. "A separate landscape and/or security lighting permit is required" for any such work. Sections 70 -99.70 -218 and 70 -238 There was consensus with all members to have these sections "reconciled" to each other so that what appears in 70 -99, with subsections 1, 2, and 3, will also appear in 70 -218 and 70 -238. For example, language prohibiting metal roofs would be added to sections 70 -218 and 70 -238. Sections 70 -238 Roofs. (a) "Or other dark colored tiles" to be added after the words "slate like ". Kelly Avery From: Postmaster Sent: Thursday, July 16, 2015 11:42 AM To: Local Recipient Subject: 050814 interoffice memo and attachments.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 050814 interoffice memo and attachments.pdf File Size 1199827 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. INTER OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: Mayor & Coarnissioners DATE: 5 -8 -14 RE: Final Report from Ad Hoc Com attee We will be asking to add the attAched to the agenda as item #VII.A.2. INTRODUCTION TO THE REPORT OF THE AD HOC COMMITTEE FORMED TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING THE TOWN OF GULF STREAM DESIGN MANUEL Pursuant to an informal commitment that was made as part of the Town's settlement of various suits with the O'Boyle interests, the Ad Hoc Committee was formed in January and had it's first meeting on January 161. There were a total of ten meetings with the final meeting being on May 8`. The Committee was originally composed of Richard Mouw, Patricia Randolph, Benjamin Schreier, AIA, David Bodker and Chairman, William Boardman. Mr. Bodker stepped down as a member early on and Keith Williams took his place for the last few meetings, where landscape issues were discussed. The charter of the Committee was broad and it was the Committee's decision to avoid zoning issues and matters outside of the Design Manual. It was also the Committee's feeling, at the first meeting, that we should send a brief letter to the community residents informing them of the Committee's existence. This letter encouraged our residents to submit comments and suggestions that the Commi onsider. This invitation extended to specific matters conceming the Desi Man further solicited comments concerning the processes used to implement the Design Manual's provisions. In late January, the letter was sent to approximately 500 households in the Town. By the Committee meeting on February 13a' eight responses had been received and one or two more trickled in after that date. The Town Staff had a short list of items to be considered, as did the Chairman of the Architectural Review and Planning Board (ARPB). After reviewing the various comments, it was the Committee's view that, despite W. O'Boyle's public statements that the great bulk of the Design Manual should be repealed and design matters left to individual decisions by residents, this was not the desire of our residents. The comments received were very s c and there was no suggestion that there should be abroad review of the Den Manuel r in fact a repeal of any sort. Asa result the Committee concluded to work wi a own Staff and deal with each of the specific suggestions presented. As it began its deliberations, the Committee was advised that it was purely an advisory group and that while it would make recommendation to the ARPB and Town Commission, it was not a decision making body and thus would not be subject to certain procedures applicable to decision making bodies. The Committee was also advised that it was bound to the provisions of the "Sunshine" law. The Committee consulted with the Town Staff and Mr. Randolph, Town Attorney, on compliance with this statute. Attached to this Introduction is a document prepared by Town Staff that lists seven specific recommended changes to the Design Manual. One of these seven relates to the landscape provisions and contains a number of sub - recommendations. When our Committee looked at the first draft of this list, we were a bit shocked that our work product looked so limited. Upon reflection it seems to us that this initial reaction on our part fails to recognize the basic nature of our project. We were engaged in a review and culling process and a tremendous amount of our time and efforts were spent on discussing and studying items that were ultimately rejected. An example is the issue of the location of a certain type of "accessory structures" that is, mechanical equipment. More and more people are placing pool pumps, pool heaters and generators on the rear most parts of lots. We had very interesting discussions of these issues that took a great deal of our time. In the final analysis we decided not to recommend any change in required location. No changes were made relating to metal roof materials, plastic fence materials and, to some extent, fence heights. The other reason why we ended up with a limited list of recommendations is simply that the Design Manual is a good document. The professionals on the Committee spoke often of the quality of the Design Manual and how they know where they stand when they are working in Gulf Stream. They stated that they are able to give their clients accurate advice. The Committee was impressed that not only was the Design Manual the product of a very, very detailed effort at the time it was created but since it's inception in 1995 it was reviewed in 1997 and again on numerous occasions by the ARPB. Probably the most significant recomm on of the Committee is that a "Waiver provision be added to the Design- This provision would only relate to requirements in the Design M e d would give flexibility to the ARPB and Town Commission to waive provisionKhen the stated criteria are met, if they chose to do so. It was the Committee's belief that there are situations where resident proposals should be granted, even though the situation does not meet the strict requirements for a Variance. There are a few observations that the Committee wishes to make that are not in the category of formal recommendations. The Committee, throughout the process, became ever increasingly aware that Place an Soleil is a bit of a community unto itself. It is the Committee's consensus that efforts should be increased to understand and respect that PAS is different than the other parts of Gulf Stream on the barrier island. It is very different than the Core area and steps should be taken to have a continuing dialog with the PAS Homeowner's Association so that the Commission and ARPB will understand the desires of the great majority of the residents of PAS. There is no apparent reason why PAS can't have requirements that their residents desire. The problem is that there is no established way for the feelings of the silent majority to express their views. For example, in the course of the Committee's work a resident of PAS sent out a blast E mail to well over 50 residents of PAS asking them to communicate to us on an issue. The Committee received about ten communications of some sort. The dilemma is that in situations such as this, one does not know where the other 90 residents of PAS stand. The PAS representative on the Commission and the PAS Homeowner's Association could and should serve a very valuable roll. Specific items, while still consistent with the general Gulf Stream approach, could be custom fitted to the PAS community when a clear majority view is expressed by proper representatives. Finally, the Committee in its work received valuable input from our community, some in the formal way described above and some more informally because of the resident's knowledge of who was on this Committee. It became clear to the members from this input that there needs to be work done on making our residents feel more like "customers ". The perception tends to be that the Town likes to say "no" when interpreting the Design Manual issues. When the members of the Committee inquired on specific resident's issues they often found that the staff of the Town was going to great lengths to find a way to accommodate the resident, but in no way were they communicating to the resident about their efforts on the resident's behalf. Many of the problems raised with the Design Manual are, in fact, problems of perceived attitude and communication. The Town staff needs help in understanding how to communicate with residents. From time to time it can be difficult to deal with the Town's residents. An educational program for the staff, perhaps with professional help, should be implemented. The Commission should also give consideration to creating the volunteer position of a Town ombudsman to aide this communication process. In closing this report, the entire Committee wishes to thank the entire staff of the Town for their counsel and help in this process. Our special thanks to Rita and Bill. Their input and knowledge of the oral history of our wonderful Town were most helpful, if not essential. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Mc Mayor W. GARRETT DERING ROBERT W. GANGER DONNA S. WHITE January 16, 2014 Dear Fellow Gulf Stream Residents, ��`�1.�f. _ `'„1_ , . l Telephone (561)276.5116 Fax (561)737.0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR . The Commission of the Town of Gulf Stream has appointed an Ad Hoc Committee to review and consider a series of specific changes to the Design Manual of the Town and the processes that are utilized in implementing the provisions of the Manual. The Manual has been in existence since 1995 and changes have been made periodically as deemed appropriate. Overall it is thought that the Manual has stood the Town in good stead. At the same time, there are a number of changes that should be considered, and it is the feeling of the Ad Hoc Committee that our residents should have the opportunity to propose suggestions, if they are of the opinion that parts of the Manual or the processes used in its implementation, should be altered. If you have specific suggestions, the Committee invites you to send your written comments to the Committee, in care of the Town Hall at the address below, or E mail your comments to the web address, which is also set forth below. We will appreciate your input. The Ad Hoc Committee Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 adcom(@,gulf- stream.org William Boardman, Chairman David Bodker, Committee Member Richard Mouw, Committee Member Patricia Randolph, Committee Member Ben Schreier, ALA, Committee Member 100 SEA ROAD, GULF STREAM, FLORIDA 33483 INTER-OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER VA[LIJ M H. THRASHER DATE: May 8, 2014 TO: ARPB chairman and ARPB members (copy provided to Town Commission) RE: Ad Hoc Committee Recommendations - Code Changes Section 22 -75 Regulations. Generator Noise Change "full power" or "full load" to norm running. Note: There was no discussion whether the present 72 dB(A) rating for "full load" should be changed. The rating of 72 dB(A) at full load is most likely more restrictive and thus quieter than a rating of 72 dB(A) at normal running. Establish a "Waiver" System with criteria of approval for section 70 -96 to but not including section 70- 296. Fees. exact language and placement within the existing code to be determined by the Commission Criteria for allowing waivers: 1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. 2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. 5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of design elements within the structure. Note: The introduction of a "Waiver" system does not mandate approval by the Commission Sectlon 70 -157 Table of district standards. (6) Fences " Ptace an Soleft" front. Provide language that would allow 6' open aluminum rail fences with a minimum 2' high base of landscape material planted in front (roadside) of the rail fence and shall be maintained a minimum 3' height. Such Fencing would not extend beyond the applicable outer face of the structure. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Section 66-1. Definitions, Open Front Lawns herein referred to as view vista and applicable to front yards within the North/South and Place an Soleil Districts. A view vista is the measurement distance of the front property line. Open front lawns, view vista, shall be a minimum of 75 °% of the front property line and without landscape planting exceeding mature height of 3'. The landscaped vista view, plantings over 3', shall be no more than 25% of the front property line. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Final Ad Hoc Recommendations May 8, 2014 Page 2 Definition of "Waiver" (Placement and Section location to be recommended by legal at a later date). Sec. 70 -146. Purpose. (Division 3. General Landscape Standards) (a) The landscape architectural standards have been developed to reinforce the overall character and the image of the town environment. (b) The primary objectives of the landscape standards are to: (1) Reinforce the community's identity. (2) Enhance visual quality. (3) Provide buffeting. (4) Provide a pleasant environment for living areas. (5) Provide a pleasant environment for driving, walling, 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 sbade. (5) Reduces evapo - transpiration rates and humidity. (6) Reinforces the identity of various districts. Landscape elements help to refine boundaries and reinforce the identity of the community Sea 70 -147. Planting techniques, The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident. (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. The arrangement of plant material in a random grouping or asymmetric design. (3) Maniettred. Well - maintained and regularly pruned. (4) Naturalistic. Allowed to grow freely with minimal maintenance. xFol"I" Final Ad Hoc Recommendations May 8, 2014 Page 4 Manicured, well - maintained hedges along private roadway Naturalistic entry planting Sea 70 -148. Principles. Because of this diversity, no particular style or technique is encouraged or discouraged overall. Landscape issues $hall should be addressed on a district level basis. Some underlying principles do apply to the town as a whole: (1) Required. Minimum landscaped open space of 40 percent of the lot area (pool decks and driveway area shall not count towards the 40 percent open space) Irrigation shall be provided consistent with Section 66 -399 of this code (2) Preferred. Consistency of neighborhood maintenance techniques Consistency of neighborhood plant material, scale, massing, and selection Controlled and planned use of exotics Efficient irrigation Protection and enhancement of existing plant material Semi - pervious driveway material (Chattahoochee stone, pavers) Use of natives Xeriscaping techniques (3) Discouraged. Hedges over four feet if located within 15 feet of the ICW W or seaward of the 1978 CCCL Aaaaiaspeoi A4etaleuea-teuedendr� Sahinus- terebiatlt ' Large expanses of impervious driveway materials (4) Prohibited. In Place An Soleil, hedges over four fret 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 prevision shall be removed or brought into compliance no later than September 1, 2005. Chainlink fence unless concealed 100 percent by plant material Driveway materials using primary or bright, bold colors (red, blue, etc.) Painted driveways Removal of any plant material within the right -of -way without town approval Removal of trees and palms (other than invasive exotics) over eight inches in caliper without town approval of a land clearing plan Final Ad Hoc Recommendations May 8, 2014 Page 5 The use of synthetic or artificial plant material Tire strip driveways Meleleuca (Meleleuca euineuenervia) Old -World Climbing fern (Lveodimn micronhvllum) Air Potato Vine (Dioscorea bulbifem) Carrotwood (Cuuanionsis anacardiodies) Earleaf Acacia (Acacia aurieuliformis) Schefflem (Schefflem actinoohvlla) Kudzu (Pueraria montane var. lobata) (Ord. No. 00-1,§§49, 50,340-00; Ord. Ne. 04 -9, §3, 2- 11 -05) Sec. 70 -149. Typical native plants,`., Listed below are some of the native plants that are annmpriatn and nnam flv s n.,a :., a.e .,..,.�. (1) Ground covers.- - -_ -� _ -_ •_•• T --- Tell Sea Ox -Eye Daisy - arborescens Swordfem IHorrichia (2) Shrubs. Lsua'e, East Indian Wait Fern - t Cocoplum !Chrysobalmusicaco i Firebnah Hameliapatens Wax Myrtle - -- Myrica. cerifera Hobe Sound Dwarf Cocoplum Chrysobalanus icaco Hawaii an. Beach Berry Scaevolafrutescens f )Pa —� Royal Palm Roystonea data Paurotis Pslm Amelorrhaphe wrightii Sabel Palm Sabel palmetto 1(4) Tr - _ I - Dehoon Holly _ Rex cassine � Sea Grape Caccaloba uvifem Satin Leaf Cbrysophyllmnoliviforme Pitch Apple Live Oak M�gmY Clusia roses virgurima Swietenia mahagoni r I Gumbo Limbo Buttonwood I Hursera simamba Conocarpus erectus Sec. 70 -150. Othu plants used in the town.f (a) The following are examples of materials nrwmflv found in Fl,e rnw - I(1) Ground covers. - Chinese Tam Alocasia cuculata Swordfem Nephrolepis exaltata —� Lsua'e, East Indian Wait Fern Polypodiumphymatodes Peace Lily Spathiphyllum clevelandi Dwarf Peace Lily ISpathiphyllmn "Wallisii" Final Ad Hoc Recommendations May 8, 2014 Page 6 r Dwarf Confederate Jasmine Trachelospermum jasminoides "Nhmma" (2) Tall shrabs. Southern Wax Privet Ligustrum japonicum Oleander Nerium oleander Kopsia Ochrosiaparviflora . Truk Island Beach Berry IScaevolakoenigii i Hibiscus Iffibiscus rose sinensis Sandankwa Viburnum lViburamnsuspensum Ficus Ficus spp. (3) Shrubs. + Surinam Cherry Eugenaunifloa Gardenia Gardenia jasminoides lxont Dwarf Oleander Ixora'Singapom', 'Maui', Nom Granf,'Super King, etc. Nerium oleander Tetitesalmon' Tobira Pittospommtobira �— Crepe Jasmine Tabemaemontana divaricata i Chalcas Murayapaniculata (4) Vt"es. --- Brown Bud Allamanda Alhmandacathartica'Hendersonii' r Bougainvillea Monstea or Ceriman Confederate Jasmine Bougainvillea spectabilis Monstea deliciosa Lrachelospennum jasminoides (Sr Pal"". European Fan Palm -- Chamaerops humilis i — ArecaPahn Chrysalidocatpuslutescens Coconut Palm Cocos nucifea "Malayan" Coconut Palm Cocos nucifea "Mayp&' Senegal Date Palm Phoenix reclinata I PigmyDatcPahn lPhocmx mebeleni 1(6) Trees. Alexander Laurel or Kaman Calophyllum inophyllum Satin Leaf Chrysophyllum ohvifupne Cattley Guava Paidium littorale Pigeon Plum Coccoloba diversifolia (b) Three 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. (3) WaterwiseSouthFloridaLandscapes: SouthFloridaWaterManagementDistrict Section 70 -151. Applicability and Permittine Final Ad Hoc Recommendations May 8, 2014 Page 7 The provisions of this division shall apply to all new development and redevelopment, as defined by Section 58- 76, within the Town. In addition, whenever 50% of the existing vegetation in the area seen from the street is altered landscape plan and permit are required. Any landscape plan requires a separate irrigation and landscape lighting permit. Note: The Committee recommended approval of Mr. Marty Minor's landscape proposal, except for the 25% rule, and added that a separate landscape lighting and irrigation permit is required. Section 70 -166 Purpose. (Division 4. General Outdoor Lighting Standards Add the following language. "A separate landscape and/or security lighting permit is required" for any such work Sections 70 -99.70 -218 and 70 -238 Thera was consensus with all members to have these sections "reconciled" to each other so that what appears in 70 -99, with subsections 1, 2, and 3, will also appear in 70.218 and 70 -238. For example, language prohibiting metal roofs would be added to sections 70 -218 and 70 -238. Add language at (c) Prohibited. Cedar Shakes (except Anglo Caribbean, British West Indies and Georgian) Sections 70-238 Roofs. (a) "Or other dark colored tiles" to be added after the wards "slate like". Kelly Avery From: Postmaster Sent: Thursday, July 16, 2015 11:42 AM To: Local Recipient Subject: 061814 interoffice memo and attachments.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 061814 interoffice memo and attachments.pdf File Size 1268472 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. INTER- OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF TIC TOWN CLERK Rita L. Taylor TO: ARPB Members DATE: June 18t 2014 RE: Ad Hoc Committee Recommendations -Code Changes Please find enclosed a copy.of the report from the Ad Hoc Committee that was presented at the conclusion of their assignment. Also enclosed is a Memorandum lis'tinq the recommendations from the Ad Hoc Committee. These recommendations, 'if'.accepted, will require Code changes. Proposed Code amendments are first required to be reviewed by the ARPB and then forwarded to the Town Commission with a recommendation from the ARPB. There are other items and /or Code Sections to be reviewed,.some of which are "housekeeping" matters. These will be addressed after you have completed your review of the Ad Hoc Committee recommendations. If you have any questions, please call. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN R. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT OERING ROBERT W. GANGER DONNA S. WHITE January 16, 2014 Dear Fellow Gulf Stream Residents, Telephone B F (5617276.5116 O I= (561)7374166 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR The Commission of the Town of Gulf Stream has appointed an Ad Hoc Committee to review and consider a series of specific changes to the Design Manual of the Town and the processes that are utilized in implementing the provisions of the Manual. The Manual has been in existence since 1995 and changes have been made periodically as deemed appropriate. Overall it is thought that the Manual has stood the Town in good stead. At the same time, there are a number of changes that should be considered, and it is the feeling of the Ad Hoc Committee that our residents should have the opportunity to propose suggestions, if they are of the opinion that parts of the Manual or the processes used in its implementation, should be altered. If you have specific suggestions, the Committee invites you to send your written comments to the Committee, in care of the Town Hall at the address below, or E mail your comments to the web address, which is also set forth below. We will appreciate your input The Ad Hoc Committee Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 adcom(leulf- strean>_ore William Boardman, Chairman David Bodker, Committee Member Richard Mouw, Committee Member Patricia Randolph, Committee Member Ben Schreier, AIA, Committee Member 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Finally, the Committee in its work received valuable input from our community, some in the formal way described above and some more informally because of the resident's knowledge of who was on this Committee. It became clear to the members from this input that there needs to be work done on making our residents feel more like "customers ". The perception tends to be that the Town likes to say "no" when interpreting the Design Manual issues. When the members of the Committee inquired on specific resident's issues they often found that the staff of the Town was going to great lengths to find a way to accommodate the resident, but in no way were they communicating to the resident about their efforts on the resident's behalf. Many of the problems raised with the Design Manual are, in fact, problems ofperceived attitude and communication. The Town staff needs help in understanding how to communicate with residents. From time to time it can be difficult to deal with the Town's residents. An educational program for the staff, perhaps with professional help, should be implemented. The Commission should also give consideration to creating the volunteer position of a Town ombudsman to aide this communication process. In closing this report, the entire Committee wishes to thank the entire staff of the Town for their counsel and help in this process. Our special thanks to Rita and Bill. Their input and knowledge of the oral history of our wonderful Town were most helpful, if not essential. Committee looked at the first draft of this list, we were a bit shocked that our work product looked so limited. Upon reflection it seems to us that this initial reaction on our part fails to recognize the basic nature of our project. We were engaged in a review and culling process and a tremendous amount of our time and efforts were spent on discussing and studying items that were ultimately rejected. An example is the issue of the location of a certain type of "accessory structures" that is, mechanical equipment. More and more people are placing pool pumps, pool heaters and generators on the rear most parts of lots. We had very interesting discussions of these issues that took a great deal of our time. In the final analysis we decided not to recommend any change in required location. No changes were made relating to metal roof materials, plastic fence materials and, to some extent, fence heights. The other reason why we ended up with a limited list of recommendations is simply that the Design Manual is a good document. The professionals on the Committee spoke often of the quality of the Design Manual and how they know where they stand when they are working in Gulf Stream. They stated that they are able to give their clients accurate advice. The Committee was impressed that not only was the Design Manual the product of a very, very detailed effort at the time it was created but since it's inception in 1995 it was reviewed in 1997 and again on numerous occasions by the ARPB. Probably the most significant recommendation of the Committee is that a "Waiver" provision be added to the Design Manuel. This provision would only relate to requirements in the Design Manuel and would give flexibility to the ARPB and Town when the SO. grante even though the situation does not meet the strict requirements for a Variance There are a few observations that the Committee wishes to make that are not in the category of formal recommendations. The Committee, throughout the process, became ever increasingly aware that Place an Soleil is a bit of a community unto itself. It is the Committee's consensus that efforts should be increased to understand and respect that PAS is different than the other parts of Gulf Stream on the barrier island. It is very different than the Core area and steps should be taken to have a continuing dialog with the PAS Homeowner's Association so that the Commission and ARPB will understand the desires of the great majority of the residents of PAS. There is no apparent reason why PAS can't have requirements that their residents desire. The problem is that there is no established way for the feelings of the silent majority to express their views. For example, in the course of the Committee's work a resident of PAS sent out a blast E mail to well over 50 residents of PAS asking them to communicate to us on an issue. The Committee received about ten communications of some sort. The dilemma is that in situations such as this, one does not know where the other 90 residents of PAS stand. The PAS representative on the Commission and the PAS Homeowner's Association could and should serve a very valuable roll. Specific items, while still consistent with the general Gulf Stream approach, could be custom fitted to the PAS community when a clear majority view is expressed by proper representatives. INTRODUCTION TO THE REPORT OF THE AD HOC COMMITTEE FORMED TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING THE TOWN OF GULF STREAM DESIGN MANUEL Pursuant to an informal commitment that was made as part of the Town's settlement of various suits with the O'Boyle interests, the Ad Hoc Committee was formed in January and had it's first meeting on January l e. There were a total of ten meetings with the final meeting being on May 8'h. The Committee was originally composed of Richard Mouw, Patricia Randolph, Benjamin Schreier, AIA, David Bodker and Chairman, William Boardman. Mr. Bodker stepped down as a member early on and Keith Williams took his place for the last few meetings, where landscape issues were discussed. The charter of the Committee was broad and it was the Committee's decision to avoid zoning issues and matters outside of the Design Manual. It was also the Committee's feeling, at the first meeting, that we should send a brief letter to the community residents informing them of the Committee's existence. This letter encouraged our residents to submit comments and suggestions that the Committee might consider. This invitation extended to specific matters concerning the Design Manuel and further solicited comments concerning the processes used to implement the Design Manual's provisions. In late January, the letter was sent to approximately 500 households in the Town. By the Committee meeting on February 131h eight responses had been received and one or two more trickled in after that date. The Town Staff had a short list of items to be considered, as did the Chairman of the Architectural Review and Planning Board (ARPB). After reviewing the various comments, it was the Committee's view that, despite Mr. O'Boyle's public statements that the great bulk of the Design Manual should be repealed and design matters left to individual decisions by residents, this was not the desire of our residents. The comments received were very specific and there was no suggestion that there should be a broad review of the Design Manuel or in fact a repeal of any sort. As a result the Committee concluded to work with the Town Staff and deal with each of the specific suggestions presented. As it began its deliberations, the Committee was advised that it was purely an advisory group and that while it would make recommendation to the ARPB and Town Commission, it was not a decision making body and thus would not be subject to certain procedures applicable to decision making bodies. The Committee was also advised that it was bound to the provisions of the "Sunshine" law. The Committee consulted with the Town Staff and Mr. Randolph, Town Attorney, on compliance with this statute. Attached to this Introduction is a document prepared by Town Staff that lists seven specific recommended changes to the Design Manual. One of these seven relates to the landscape provisions and contains a number of sub - recommendations. When our INTER -O ' TICE MEMORANDUM z� TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER WH.LIAM H. THRASHER DATE: May 8, 2014 TO: ARPB chairman and ARPB members (copy provided to Town Commission) RE: Ad Hoc Committee Recommendations - Code Changes Section 22 -78 Regulations. Generator Noise Change "full power" or "full load" to norm running. Note: There was no discussion whether the present 72 dB(A) rating for "full load" should be changed. The rating of 72 dB(A) at full load is most likely more restrictive and thus quieter than a rating of 72 dB(A) at normal running. ring. Establish a "Waiver" System with criteria of approval for section 70 -96 to but not including section 70- 296. Fees, exact language and placement within the existing code to be determined by the Commission. Criteria for allowing waivers: 1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. 2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. 5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of design elements within the structure. Note: The introduction of a "Waiver" system does not mandate approval by the Commission Section 70 -157 Table of district standards. (6) Fences "Place all Solell" front. Provide language that would allow 6' open aluminum rail fences with a minimum 2' high base of landscape material planted in front (roadside) of the mil fence and shall be maintained a minimum 3' height. Such fencing would not extend beyond the applicable outer face of the structure. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language Section 664. Definitions. Open Front Lawns herein referred to as view vista and applicable to front yards within the North/South and Place au Soleil Districts. A view vista is the measurement distance of the front property line. Open front lawns, view vista, shall be a minimum of 75 % of the front property line and without landscape planting exceeding mature height of 3'. The landscaped vista view, plantings ova 3', shall be no more than 25% of the front property line. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Final Ad Hoc Recommendations May 8, 2014 Page 2 Definition of `Waiver" (Placement and Section location to be recommended by legal at a later date). Sac. 70.146. Purpose. (Division 3. General Landscape Standards) (a) The landscape architectural standards have been developed to reinforce the overall character and the image of the town environment (b) The primary objectives of the landscape standards are to: (1) Reinforce the community's identity. (2) Enhance visual quality. (3) Provide buffering. (4) Provide a pleasant environment for living areas. (5) Provide a pleasant environment for driving, walicing, 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 t~ yy 1� +4i�'1 r � +' t CCy77 wi;y .kit u . 14' Landscape elements help to refine boundaries and reinforce the identity of the community Sec. 70 -147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal. 7be 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. _ fr -. � ^' .l'�, � ��1. t, �� \! rP 1 r l �� PHti �� [..'J .. .. ''� i.. .. .... .r y. . � � • t..Lti is .r3..: � ° P. � �a� • `l• . �.F lA \ � IYIT l � P ..� ••; '..Y ;iy� .wW;•��1 .� •a1 �. 1 `. ,y c lP YJ 1.K.'. ��`Y � Y w �' �l • 1 Final Ad Hoc Recommendations May 8, 2014 Page 4 Manicured, well - maintained hedges along private roadway Naturalistic entry planting Sea 70 -148. Principles. Because of this diversity, no particular style or technique is encouraged or discouraged overall. Landscape issues shell ehauld be addressed an 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) Initiation 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 fret if located within 15 feet of the ICW W or seaward of the 1978 CCCL Asada species dea4e Se§teus- terebiath Large expenses of impervious driveway materials (4) Prohibited In Place An Soleil, hedges over four feet if located within 15 feet of a canal as measured from the landward edge of the seawall cap. Any hedges currently existing which are in contravention of this provision shall be removed or brought into compliance no later than September 1, 2005, Chainlink fence unless concealed 100 percent by plant material Driveway materials using primary or bright, bold colors (red, blue, etc.) Painted driveways Removal of any plant material within the right-of- -way without town approval Removal of trees and palms (other than invasive exotics) over eight inches in caliper without town approval of a land clearing plan Final Ad Hoc Recommendations May 8, 2014 Page 5 The use of synthetic or artificial plant material Tire strip driveways Invasive, exotic species: Australian nine !Casuarina spy.). except where permitted in the North Ocean Boulevard Overlay District (Ord No. 00 -1, §§ 49, 50, 3- 10 -00; Ord, No. 04 -9, f 3, 2- 11 -05) Sea 70 -149. Typical native plants., Listed below are some of the native plants that are appropriate and presently found in the town: i(1) Ground covers. - - -- - -_ !Tall Sea Ox -Eye Daisy - - -- rotrichia arboresceos (2) Shrubs. I ! Cocoplum IFuebush (wax Myrtle j Chrysobalanus icaco IHamelia patens Myricacerifera -- ! Hobe Sound Dwarf Cocoplum I Chrysobalanus icaco ! Laua'e, East Indian Wart Fern Hawaiian Beach Berry Scaevola frutesceos Peace Lily 1(3) P.Ims. I - — - -- "Wallisii" Royal Palm IRoystonea elate Paurotis Palm Acoelarrhaphe wrightli Saba! Palm Sabal palmetto r(4) TYees. —- =SeaGrape jahoonHolly iEexcassine Coccolobauvifem r (Satin Leaf - -- Chrysophyllum oliviforme Pitch Apple iClusia roses - - -- (Live Oak 1 Qucmus virgimaua -- IMahogany —; Swietenia mahagmd QumboLimbo — IBursera simandis. - - -- pnwood Conocarpus erectus Sea 70-150. Other plants used In the town: f (a) The following are examples of materials presently found in the town r I (1) Ground covers. Chines Adocasia cuculata Swardfem Nephmlepis exaltata — ! Laua'e, East Indian Wart Fern Polypodium phymatodes Peace Lily Spathiphyllum clevelandi i Dwarf Peace Lily ISpathiphyllum "Wallisii" Final Ad Hoc Recommendations May 8, 2014 Page 6 I {Dwarf Confederate: _ Trachelosperatumjasminoides 'Rvfinime° 1(2)ToUshrubs. I " Southern Wax Privet Ligustrum japonicum Oleander Neriumoleander . �—— -- Truk Island IIT— ruklslendBeach Berry Scevolaparvigii Scaevolakomigii r FIr3isms ffibiscus rasa sinensis Sandankwa Vibumum Vibumum suspensum Ficus spp. 1 ) Shrubs. i - -- — Surinam Cherry lEugeninuniflora r Gardenia �Gardeniajasminoides Ixom - -- Ixom'Singapore,'MauP, Nora Gmnf,'Super King' ctc. Dwarf Oleander Nedum oleander'Petite salmon' Tobira Pittosporum tobim f Crepe Jasmine Tabemaemontana divaricata IChalcas — Murrayapaniculata ,(4) Vnes. — r { - - - -- — Brown Hud Allamanda— --- -. - -- -- JAllamanda cathertica'Hmdmronii' Bougainvillea Bougainvflleaepect&bills I MonsteraorCeriman {Monsteradeliciosa -- -- I Confederate Iasmine Trachelospermum jasminoides - - -- - i(5)Pahns. I i' - - -- - r " European Fan Palm Chamaerops humilis { Arecs Palm Chrysakidocarpuslutescens Coconut Palm Cocos nucifera "Malayan" Coconut Palm —cos nucifera "Maypan" Senegal Date Palm Phoenixreclinata Pigmy Date Palm jPhoeaixrocbelcnii - - -- 1(6) mow' I _ Alexander Laurel or Kamani Calophyllum inophyllum Satin Leaf lChrysophyllumoliviforme Caulcy Guava Psidium littorale Pigeon Plum I Coccolobadiversifolia (b) Three excellent reference books are: (1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and Subtmpic 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 (3) Waterwise South Florida Landscapes; South Florida Water Management District Section 70 -151. AnuHcabilty and Permitting Final Ad Hoc Recommendations May 8, 2014 Page 7 The provisions of this division shall apply to all new development and redevelopment, as defined by Section 58- 76, within the Town. In addition, whenever 50°/" of the existing vegetation in the area seen from the street is altered landscape plan and permit are required. Any landscape plan requires a separate irrigation and landscape lighting permit. Note: The Committee recommended approval of Mr. Marty Minor's landscape proposal, except for the 25% Wile, and added that a separate landscape lighting and irrigation permit is required. Section 70-166 Purpose. (Division 4. General Outdoor Liehtine Standards Add the following language. "A separate landscape and/or security lighting permit is required" for any such work. Sections 70- 99.70 -218 and 70 -238 There was consensus with all members to have these sections "reconciled" to each other so that what appears in 70 -99, with subsections 1, 2, and 3, will also appear in 70-218 and 70 -238. For example, language prohibiting metal roofs would be added to sections 70.218 and 70 -238. Add language at (c) Prohibited. Cedar Shakes (except Angio Caribbean, British West Indies and Georgian) Sections 70 -238 Roofs. (a) "Or other dark colored tiles" to be added after the words "slate like". Kelly Avery From: Postmaster Sent: Thursday, July 16, 2015 11:42 AM To: Local Recipient Subject: 071714 interoffice memo and attachments.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 071714 interoffice memo and attachments.pdf File Size 1203601 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor DATE: July 17, 2014 RE: Ad Hoc Committee Recortmiendations -Code Changes Attached is a duplicate copy of what was provided to you in the Agenda Packet for the meeting that was held on June 26, 2014. INTER- OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: ARPB Members DATE: June 18f 2014 RE: Ad Hoc Committee Recommendations -Code Changes Please find enclosed a copy of the report from the Ad Hoc Committee that was presented at the conclusion of, their ' assignment. Also enclosed is a Memorandum listing the recommendations from the Ad Hoc Committee. These recommendations, 'if',accepted, will require Code changes. Proposed Code amendments are first required to be reviewed by the ARPB and then forwarded to the Town Commission with a recommendation from the ARPB. There are other items and /or Code Sections to be reviewed, some of which are "housekeeping" matters. These will be addressed after you have completed your review of the Ad Hoc Committee recommendations. If you have any questions, please call. INTRODUCTION TO THE REPORT OF THE AD HOC COMMITTEE FORMED TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING THE TOWN OF GULF STREAM DESIGN MANUEL Pursuant to an informal commitment that was made as part of the Town's settlement of various suits with the O'Boyle interests, the Ad Hoc Committee was formed in January and had it's fast meeting on January 161i. There were a total of ten meetings with the final meeting being on May 81. The Committee was originally composed of Richard Mouw, Patricia Randolph, Benjamin Schreier, AIA, David Bodker and Chairman, William Boardman. Mr. Bodker stepped down as a member early on and Keith Williams took his place for the last few meetings, where landscape issues were discussed. The charter of the Committee was broad and it was the Committee's decision to avoid zoning issues and matters outside of the Design Manual. It was also the Committee's feeling, at the first meeting, that we should send a brief letter to the community residents informing them of the Committee's existence. This letter encouraged our residents to submit comments and suggestions that the Committee might consider. This invitation extended to specific matters concerning the Design Manuel and further solicited comments concerning the processes used to implement the Design Manual's provisions. In late January, the letter was sent to approximately 500 households in the Town. By the Committee meeting on February 131i eight responses had been received and one or two more trickled in after that date. The Town Staff had a short list of items to be considered, as did the Chairman of the Architectural Review and Planning Board (ARPB). After reviewing the various comments, it was the Committee's view that despite W. O'Boyle's public statements that the great bulk of the Design Manual should be repealed and design matters left to individual decisions by residents, this was not the desire of our residents. The comments received were very specific and there was no suggestion that there should be a broad review of the Design Manuel or in fact a repeal of any sort. As a result the Committee concluded to work with the Town Staff and deal with each of the specific suggestions presented. As it began its deliberations, the Committee was advised that it was purely an advisory group and that while it would make recommendation to the ARPB and Town Commission, it was not a decision making body and thus would not be subject to certain procedures applicable to decision making bodies. The Committee was also advised that it was bound to the provisions of the "Sunshine" law. The Committee consulted with the Town Staff and Mr. Randolph, Town Attorney, on compliance with this statute. Attached to this Introduction is a document prepared by Town Staff that lists seven specific recommended changes to the Design Manual. One of these seven relates to the landscape provisions and contains a number of sub - recommendations. When our Committee looked at the first draft of this list, we were a bit shocked that our work product looked so limited. Upon reflection it seems to us that this initial reaction on our part fails to recognize the basic nature of our project. We were engaged in a review and culling process and a tremendous amount of our time and efforts were spent on discussing and studying items that were ultimately rejected. An example is the issue of the location of a certain type of "accessory structures" that is, mechanical equipment. More and more people are placing pool pumps, pool heaters and generators on the rear most parts of lots. We had very interesting discussions of these issues that took a great deal of our time. In the final analysis we decided not to recommend any change in required location. No changes were made relating to metal roof materials, plastic fence materials and, to some extent, fence heights. The other reason why we ended up with a limited list of recommendations is simply that the Design Manual is a good document. The professionals on the Committee spoke often of the quality of the Design Manual and how they know where they stand when they are working in Gulf Stream. They stated that they are able to give their clients accurate advice. The Committee was impressed that not only was the Design Manual the product of a very, very detailed effort at the time it was created but since it's inception in 1995 it was reviewed in 1997 and again on numerous occasions by the ARPB. Probably the most significant recommendation of the Committee is that a "Waiver" provision be added to the Design Manuel. This provision would only relate to requirements in the Design Manuel and would give flexibility to the ARPB and Town Commission to waive provisions when the stated criteria are met, if they chose to do so. It was the Committee's belief that there are situations where resident proposals should be granted, even though the situation does not meet the strict requirements for a Variance. There are a few observations that the Committee wishes to make that are not in the category of formal recommendations. The Committee, throughout the process, became ever increasingly aware that Place au Soleil is a bit of a community unto itself. It is the Committee's consensus that efforts should be increased to understand and respect that PAS is different than the other parts of Gulf Stream on the barrier island. It is very different than the Core area and steps should be taken to have a continuing dialog with the PAS Homeowner's Association so that the Commission and ARPB will understand the desires of the great majority of the residents of PAS. There is no apparent reason why PAS can't have requirements that their residents desire. The problem is that there is no established way for the feelings of the silent majority to express their views. For example, in the course of the Committee's work a resident of PAS sent out a blast E mail to well over 50 residents of PAS asking them to communicate to us on an issue. The Committee received about ten communications of some sort. The dilemma is that in situations such as this, one does not know where the other 90 residents of PAS stand. The PAS representative on the Commission and the PAS Homeowner's Association could and should serve a very valuable roll. Specific items, while still consistent with the general Gulf Stream approach, could be custom fitted to the PAS community when a clear majority view is expressed by proper representatives. Finally, the Committee in its work received valuable input from our community, some in the formal way described above and some more informally because of the resident's knowledge of who was on this Committee. It became clear to the members from this input that there needs to be work done on making our residents feel more like "customers ". The perception tends to be that the Town likes to say "no" when interpreting the Design Manual issues. When the members of the Committee inquired on specific resident's issues they often found that the staff of the Town was going to great lengths to find a way to accommodate the resident, but in no way were they communicating to the resident about their efforts on the resident's behalf. Many of the problems raised with the Design Manual are, in fact, problems of perceived attitude and communication. The Town staff needs help in understanding how to communicate with residents. From time to time it can be difficult to deal with the Town's residents. An educational program for the staff, perhaps with professional help, should be implemented. The Commission should also give consideration to creating the volunteer position of a Town ombudsman to aide this communication process. In closing this report, the entire Committee wishes to thank the entire staff of the Town for their counsel and help in this process. Our special thanks to Rita and Bill. Their input and knowledge of the oral history of our wonderful Town were most helpful, if not essential. INTER- OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER WIIS.IAM H. THRASHER DATE: May 8, 2014 TO: ARPB chairman and ARPB members (copy provided to Town Commission) RE: Ad Hoc Committee Recommendations - Code Changes Section 22 -78 Remdatlons. Generator Noise Change "fall power" or "full load" to norm ranning. Note: There was no discussion whether the present 72 dB(A) rating for "full load" should be changed. The rating of 72 dB(A) at full load is most likely more restrictive and thus quieter than a rating of 72 dB(A) at normal running. q, l .�V L k a k' C Criteria for allowing waivers: AB 1. Granting the waiver will not cause substantial injury to the value of other property in the 0 neighborhood where it is to be located. 2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. 5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of design elements within the structure. Note: The introduction of a "Waiver" system does not mandate approval by the Commission. Section 70 -187 Table of district standards. (6) Fences "Place an Soleil" front. Provide language that would allow 6' open aluminum rail fences with a minimum 2' high base of landscape material planted in front (roadside) of the rail fence and shall be maintained a minimum 3' height. Such fencing would not extend beyond the applicable outer face of the structure. Note: There was consensus among members to ask for input from the Home Owners Association as there may be amajority of residents satisfied with the present code language. Section 66-1. Definitions. Open Front Lawns herein referred to as view vista and applicable to front yards within the North/South and Place an Soleil Districts. A view vista is the measurement distance of the front property line. Open front lawns, view vista, shall be a minimum of 75 % of the front property line and without landscape planting exceeding mature height of 3'. The landscaped vista view, plantings over 3', shall be no more than 25% of the front property line. Note: There was consensus among members to ask for input from the Home Owners Association as there may be a majority of residents satisfied with the present code language. Final Ad Hoc Recommendations May 8, 2014 Page 2 Definition of "Waiver" (Placement and Section location to be recommended by legal at a later date). See. 70.146. Purpose. (Division 3. General Landscape Standards) (a) The landscape architectural standards have been developed to reinforce the overall character and the image of the town environment. (b) The primary objectives of the landscape standards we 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 ofplam material: (1) Beautifies the streetscape and softens buildings. (2) Controls glare. (3) Controls wind and directs breezes. (4) Provides shade. (5) Reduces evapo- transpration rates and humidity. (6) Reinforces the identity of various districts. Landscape elements help to refine boundaries and reinforce the Identity of the community Sea 70 -147. Planting techniques. The town has a diverse selection of plant material and varying compositions. Formal, informal, manicured, and naturalistic planting techniques are evident (1) Formal. The arrangement of plant material in an ordered unified repetitious way (usually even number of groupings). (2) Informal The arrangement of plant material in a random grouping or asymmetric design. (3) Manicured. Well- maintained and regularly pruned. (4) Naturalistic. Allowed to grow freely with minimal maintenance. �� rn 4 ��A. �� P W f&y' Ja r 4 :;fi, 61 " (heir; ' +�� n` . a- Final Ad Hoc Recommendations May 8, 2014 Page 4 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 aheuld 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 arse shall not count towards the 40 percent open space) Irrigation shall be Provided consistent with Section 66 -399 of this coda (2) Preferred. Consistency of neighborhood maintenance techniques Consistency of neighborhood plant material, scale, massing, and selection Controlled and planned use of exotics Efficient irrigation Protection and enhancement of existing plant material Semi - pervious driveway material (Chattahoochee stone, pavers) Use of natives Xeriscaping techniques (3) Discouraged, Hedges over four feet if located within 15 feet of the ICW W or seaward of the 1978 CCCL AGaoia spesies Melsleasa leacderdm Sshinas- fereltirtflt 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 then 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 -P &way without town approval Removal of trees and palms (other than invasive exotics) over eight inches in caliper without town approval of a land clearing plan Final Ad Hoc Recommendations May 8, 2014 Page 5 The use of synthetic or artificial plant material Tire strip driveways Invasive, exotic species: Australian nine (Casuarina spy.), except where permitted in the North Ocean Boulevard Overlay District Brazilian Penner (Scbinus terebinthefolius) Mcicleuca (Meleleuca guinguenervia) Old -World Climbing fern (Lvgodium adaophvllum) Air Potato Vine (Dioscorea WIWII=) Cemotwood (Cupaniomis amcardiodies) Earleaf Acacia (Acacia amiculiformis) Scheffiem (Scheffiera actinophvIla) Kudzu (Puerariamontana var. lobate) (Ord No. 00-1, §§ 49, 50, 3 -10 -00; Ord. No. 04-9, § 3, 2- 11 -05) Sea 70.149. Typical native plants. e Listed below are some of the native plants that are appropriate and presently found in the town: (1) Ground covers. i r Tell Sea Ox -Eye Daisy Borrichia arborescens (2) Shrubs. Swordfem Nepbrolepis exaltata ICocaplum Chrysobalanus icaco �. Firebush Hameliapatens j Wax Myrtle Myrica conifers. �— IHobe Sound Dwarf Cocoplum Chrysobalanus icaca Hawaiian Beach Berry Svaevolafuteacens (3) Palms. f-- Royal Palm I Roystonea elata Paurotis Palm Acoelorthaphe wrightii Sabel Palm I Sabai palmetto (4) Trees. Dahoon Holly Ilex cassine Sea Grape Coccoloba uvifem Satin Leaf Chrysophyllum oliviforme Pitch Apple Clusia msea Live Oak Qoercus virgimana Mahogany Swietenia mahagoni Gumbo Limbo Bursem simamba i Buttonwood Conocarpus erectus Sec. 70-150. Other plants used In the town...r (a) The following are examples of materials presently found in the town: I(1) Ground covers. r Chinese Tam Alocasia cuculata Swordfem Nepbrolepis exaltata Laua'e, East Indian Wart Fern Polypodium phymatodes �. Pears lily Spathiphyllum clevelandi Dwarf Peace Lily Spathiphyllum"Wallisii" Final Ad Hoc Recommendations May S, 2014 Page 6 (b) Three excellent reference books are: (1) Florida, My Eden (Exotic and Native Plants far Use in Tropic and Subtropic Landscape) by Frederic B. Sttesau, F.A.S.LA (2) Florida Landscape Plants, Native and Exotic, revised edition, by John V. Watkins and Thomas J. Sheehan. (3) Waterwise South Florida Landscapes: South Florida Water Management District Section 70 -151. Applicability and Permittine Dwarf ConfedemteJasmine Trachelospermumjasminoidea "Minima" (2) Tall shrubs. i Southern Wax Privet Ligustrum japonicum IOleander Nermna oleander Kopsia Ochrosiaparviflora . ! Truk Island Beach Berry Scaevolakoenigii IHtbiscus Hibiscus msasinensls Sandankwa Viburnum Viburnum suspensum �T Ficus Ficus app. (3) Shrubs. ` Surinam Cherry Gardenia Eugenia uniflom Gardenia jasminoides loom Ixom'Singapore','Maui', Nam Grant','Super King' etc. r -- jDwarf Oleander Nerium oleander Petite salmon' i Tobim Pittosporum tobira Crepe Jasmine Tabemaemantana divaricata — Chalcas Murmyapaniculata (4) Vnes. -- ---- --- - - -- -- _..... —..._ BmwnBudAllemende Allamandacathartica'Hendersonie f_..— i lBou _ ainvillea - _ - -_ - -- Bougainvillea lcaspectabilis i j Monstem or Ceriman Monsters deliciosa i (Confederate Jasmine Trachelospermum jasminoides (5) Pa m. �_ -- European Fan Palm aerops humilis Areca Palm Chrysalidocarpus lutescens Coconut Palm Cocos nucifera "Malayan" Coconut Palm Cocoa nucifem "Maypan" Senegal Date Palm Phoenix reclinata Pigmy DatePehn jPhocnixroebelenii (6) Trees. Alexander Laurel or Kaman i Calophyllum inophyllum Satin Leaf Chrysophyllum oliviforme CattieyOvava iPsidiumlittorale IPigeonPlum Coccolobadiversifolia (b) Three excellent reference books are: (1) Florida, My Eden (Exotic and Native Plants far Use in Tropic and Subtropic Landscape) by Frederic B. Sttesau, F.A.S.LA (2) Florida Landscape Plants, Native and Exotic, revised edition, by John V. Watkins and Thomas J. Sheehan. (3) Waterwise South Florida Landscapes: South Florida Water Management District Section 70 -151. Applicability and Permittine Final Ad Hoc Recommendations May 8, 2014 Page 7 The provisions of this division shall apply to all new development and redevelopment, as defined by Section 58- 76, within the Town. In addition, whenever 50% of the existing vegetation in the area seen from the street is altered landscape plan and permit are required. Any landscape plan requires a separate irrigation and landscape lighting permit. Note: The Committee recommended approval of Mr. Marty Minor's landscape proposal, except for the 25% rule, and added that a separate landscape lighting and irrigation permit is required. Section 70 -166 Purpose. (Division 4. General Outdoor Lighting Standards Add the following language. "A separate landscape and/or security lighting permit is required" for any such work Sections 70 -99.70 -218 and 70 -238 There was consensus with all members to have these sections "reconciled" to each other so that what appears in 70 -99, with subsections 1, 2, and 3, will also appear in 70 -218 and 70 -238. For example, language prohibiting metal roofs would be added to sections 70 -218 and 70 -238. Add language at (c) Prohibited. Cedar Shakes (except Anglo Caribbean, British West Indies and Georgian) Sections 70 -238 Roofs. (a) � t'f "Or other dark colored tiles" to be added after the words "slate like ". fl A✓ �1,0 Kelly Avery From: Postmaster Sent: Thursday, July 16, 2015 11:42 AM To: Local Recipient Subject: 072414 agenda.pdf Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 072414 agenda.pdf File Size 68696 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. July 17, 2014 CHAIRMAN: VICE CHAIRMAN: Thomas Smith BOARD MEMBER: Paul A. Lyons, Jr. Robert Dockerty Amanda Jones Malcolm Murphy / ALTERNATE MEMBER: Hewlett Kent Curtiss Roach ✓// REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL . REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JULY 24, 2014 AT 8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes. A. Regular Meeting & Public Hearing of 6- 26 -14. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing u&t a. There is no meeting in August✓ b. September 25, 2014 @ 8:30 A.M�— C. /October 23, 2014 @ 8:30 A.M. r d. November to be determined e. December to be determined — VI. Reorganization. A. Election of a Chairman B. Election of a Vice Chairman VII. Items by Staff. A. Final Report from the Ad Hoc Committee 1. Recommendations -Code Amendments a. Generator Noise b. Establishment of a "Waiver" system c. Fences in Place Au Soleil d. Open Front Lawns - Landscaping e. Roofs VIII. Items by Board Members. IX. Public. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 10, 2015 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner Also Present & John Randolph Town Attorney Participating: William Thrasher Town Manager Rita Taylor Town Clerk Garrett Ward Police Chief Danny Brannon Engineer Richard Jones Architect Thomas Laudani Seaside Builders William Wietsma Architect Barbara Sloan Town Resident Patsy Randolph Town Resident Christopher O'Hare Town Resident Anthony Graziano Town Resident Edward Slominski Town Resident Barbara Whittaker Town Resident IV. Minutes of the Regular Meeting of June 12, 2015. Vice Mayor Ganger moved that the minutes of June 12, 2015 be approved as circulated and Commissioner Stanley seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested to add to the agenda as follows: Item VIII.A.3., a letter of withdrawal related to the Martin property at 12 South Hidden Harbour Drive; Item IX. C. 2. Ordinances No. 15/4 and 15/5, Code changes, lst reading; Item X.D.an addition to the existing Personnel Policy. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 14, 2015 @ 9:00 A.M. 2. September 11, 2015 @ 9:00 A.M. 3. October 9, 2015 @ 9:00 A.M. 4. November 13, 2015 @ 9:00 A.M. 5. December 11, 2015 @ 9:00 A.M. Vice Mayor Ganger advised that he may possibly be absent at the August 14, 2015 Commission meeting. Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. B. Budget Presentation Award Received Mayor Morgan said he was pleased to announce that the Town of Gulf Stream has received the Government Finance Officers Association Distinguished Budget Presentation Award for the budget year 2014 -2015 and that the award was specifically given to Rebecca Tew. He went on to say this was the first time the Town had submitted it's budget, policies and procedures for review by this organization. He felt it was remarkable, in view of everything that has been going on, that Rebecca, who had only been here for a year, had the motivation and enthusiasm to take our budget process and put it thru the proper procedure for submission. Ms. Tew was introduced and received a hardy round of applause for her accomplishment. VII. Communication from the Public (5 min. maximum). Edward Slominski, a resident at 920 Indigo Point was recognized. He asked, in light of the Court ruling on the Rico action, "what's plan B" to which the Mayor answered that he will be commenting on that after everyone has spoken. Mr. Slominski then asked if there had been any communications regarding a settlement discussion in that there had been almost a million dollars invested in this effort so far. Mayor Morgan said there had been a communication yesterday from Mr. O'Boyle and went on to say that the just under one million dollars spent was not just on the Rico action but included all of the more than 43 law suits and public records related actions. Mr. Slominski said he was pleased to hear that Mr. O'Boyle had come forward with a settlement offer, adding that he understood that Mr. O'Boyle had made settlement offers before and they had been dismissed out of hand. Mayor Morgan said that was not true, he has never come forward with a settlement offer, just generalized inquires. Mr. Slominski said some residents, including himself, are talking about going to the Inspector General in the County and having what has been done assessed and evaluated with a recommendation that a Special Master be appointed. Mayor Morgan thanked him for his comments. Mr. O'Hare was recognized and asked if public comment would be allowed when the budget is presented and was told there would be that opportunity. He then asked if this would be the first reading of the two ordinances that are being added to the agenda and was told that it is the first reading. Mr. O'Hare said he wished there had been more notice of these ordinances coming forward so residents from Place Au Soleil would have had more opportunity to speak about them as some may not be present to speak at the second reading in August. Barbara Whittaker, Town Resident and representative from the Gulf Stream Civic Association, was recognized and the Town Clerk distributed copies of a proposed renovation of the existing fountain area in front of Town Hall, along with an estimate of proposed work. Ms. Whittaker explained that the Civic Association, each year, asks the Town Hall and the Police Department for suggestions as to what could be F Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. done to beautify the town and also to make it safer. She went on to say that this year it was suggested that the front of the town hall could be greatly improved by remodeling the fountain area. She reported that they thought that to be a worthwhile project and she contacted Mr. Williams of Nievera- Williams Design. Calling attention to the preliminary design that was distributed, she said they did not favor that particular fountain but did like the urn and a different fountain could be selected. In addition, the concrete on the ground that has many broken and cracked tiles would be replaced with plantings and flowers, the walls that are breaking up would be replaced and new palm tree lighting, the existing having deteriorated, would be installed. Calling attention to the cost estimates, she said the design and reconstruction of the Area is $26,479.90 and an additional amount of $3,444.00 for the lighting for a total of $29,923.90. Mrs. Whittaker reported that the Civic Association has allocated $20,000 toward this project and they are asking if the Town will pay the balance for this project. Mayor Morgan said they will place this in their packets and reflect upon it, then possibly bring it up at the next meeting. He then asked if there are any questions at this time. Commissioner Ganger asked if it was the consensus of the residents that this looks so terrible as it does not look that bad to him to which Ms. Whittaker replied that it is all falling apart. Commissioner Ganger then asked if it is a safety hazard and if it had been installed when the building was constructed. It was stated that it is not a safety hazard and Commissioner Orthwein confirmed that it was constructed along with the building and is probably time it has an upgrade. Commissioner Ganger suggested that perhaps this project should be included with the planning of a possible building expansion. Mayor Morgan directed that this matter be placed on a future agenda. Tony Graziano, town resident, was recognized and said that he was a strong supporter of the Rico action and was disappointed at the judges decision. He was pleased to hear there is a "Plan B" and was sure there are a vast number of constituents that will support whatever Plan B may be. He reminded that a veiled threat was made earlier to bring in the County Inspector General to limit the Town's ability to push back with a Plan B and said that the Inspector General would find out that the vast majority of the citizens support you. He closed by saying "please keep up the good work ". VIII. PUBLIC HEARING Mayor Morgan asked if there had been any ex -parte and there was none. He then requested that anyone who intended to speak at any time during the public hearing to please stand and be sworn. Those receiving the Oath were: Richard Jones, William Wietsma, Thomas Laudani, Dave Bodker, Paul Engle and Christopher O'Hare. K Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. A. Applications for Development Approval 1. An application submitted by Thomas Laudani, Seaside Builders, as Agent for Mr.& Mrs. James Cacioppo, the owners of property located at 3140 Polo Drive, Gulf Stream, Florida, which is legally described as the south 96.89 ft. of Lot 6 and all of Lot 7, Re -plat of Polo Cove Subdivision. Richard Jones, Architect for this project displayed a survey of the property, reminding that the Commission had seen this before when he had appeared asking to adjust the property lines between these properties. He explained that this is a partial 2 -story house with a 4 bay garage, one for a golf cart, a circular driveway in the front and a driveway and motor court along the north side in front of the garage which does not face the street. He said there will be a large pool in the back and the entire property will be heavily landscaped with a large open area in the rear that will provide a full view of the Intracoastal Waterway. Mr. Jones stated the home is a Georgian style white on white with very dark blue shutters and white flat tile roof, and the majority of the house is single story with ample ceiling heights and a minimal second story that is only 22' in width facing the right -of -way with a front balcony to break down the mass. He said the second floor faces the neighbor to the north and that property is also owned by Mr. Cacioppo. Commissioner Ganger asked if there are plans to build on the north lot to which Mr. Jones replied that plans for that home will be coming before them within the next few months and will be a home for the in- laws. He said the house will be of a different style and will face Palm Way. Mayor Morgan asked if there had been any comments from neighbors and the Town Clerk reported that the neighbor to the south had called and asked for an explanation of the Special Exceptions that are being requested and after receiving an explanation, he stated he had no objections. Commissioner Orthwein asked if both houses would be built at the same time and was advised that is the plan. Commissioner Gangevr asked for an explanation regarding the demolition request and was advised by Mr. Laudani that the one existing house extends across the new property line that was established as a result of the recent re- platting and construction of this new house cannot move forward until the existing house is removed. It was determined during discussion that the demolition approval include the entire house and that a condition be attached that within 2 weeks after demolition, the owner shall sod, irrigate and maintain the vacant property. Commissioner Ganger commented that the design of the house complies with what the Town is trying to achieve with regard to massing and controlling the placement and size of the second stories and the other Commissioners agreed. 0 Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. Commissioner White asked what the north side setback measures and Mr. Jones said it is 4618 ". Commissioner Ganger asked Mr. Jones to confirm the finished floor elevation and he said it is 8.51. a. Demolition Permit to remove existing structures. Commissioner Orthwein moved to approve the demolition permit with the condition that the lot at 3180 Polo Drive be sodded and irrigated within 2 weeks of the demolition of the existing house and be maintained until such time as construction of a new house on that property commences. Commissioner White seconded the motion and all voted AYE at roll call. b. Special Exception #1 to permit a 30 ft. rear setback. Commissioner Orthwein moved to approve a Special Exception to permit a 30' waterfront rear setback as allowed by Section 70- 75(j)(1) and the motion was seconded by Commissioner Stanley. All voted AYE at roll call. c. Special Exception #2 to permit 238 sq. ft. of covered, unenclosed area that exceeds the maximum permitted floor area ratio. Commissioner Orthwein moved and Commissioner White seconded to approve a Special Exception to allow 238 square feet of covered, unenclosed area that exceeds the maximum floor area ratio (Section 70- 72(b)(2))and all voted AYE at roll call. d. Level 3 Architectural /Site Plan Review to permit construction of a partial two -story 8,560 square foot Georgian style single family dwelling with 4 car garage and a swimming pool. Commissioner Orthwein moved to approve a Level 3 Architectural /Site Plan to permit construction of a partial 2 story single family Georgian style dwelling with attached 3 car garage and small golf cart storage, consisting of 8,560 square feet and a swimming pool with the following conditions: 1) Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas shall remain unenclosed as per approval of the special exception for as long as the structure is in existence or exceeds the maximum FAR. 2) The electric service and utility lines shall be buried. 3) Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. Commissioner Ganger seconded the motion and all voted AYE at roll call. 2. An application submitted by William Wietsma, Architect, as agent for Danburg Hansen LLC, owner of property located at 540 Middle Road, Gulf Stream, Florida 33483, legally descried as Lot 16 and west 50' of Lot 17, Gulf Stream Cove Subdivision. Mr. Wietsma explained that the existing covered patio in the rear of the house is only 8' wide which is not large enough to accommodate the outdoor living style that the Hansen family enjoys. He said they are proposing to extend the existing another 8' which will give a 16' wide k, Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. patio but in order to do this, the existing will have to be removed and then rebuild the desired 16' area. a. Special Exception to allow 247 sq. ft. of covered, unenclosed area that exceeds the maximum permitted Floor Area Ratio. Commissioner Orthwein moved to approve a Special Exception to allow 247 square feet of covered, unenclosed area that exceeds the maximum permitted Floor Area Ratio and Commissioner White seconded the motion with all voting AYE at roll call. b. Level 3 Architectural /Site Plan Review to permit the addition of a new single story loggia on an existing single family Gulf Stream Bermuda two -story dwelling. Commissioner Orthwein moved to approve a Level 3 Architectural /Site Plan based on a finding that the proposed addition of a new single story loggia on an existing single family Gulf Stream Bermuda two -story dwelling meets the minimum intent of the Design Manual and applicable review standards with the following condition: Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas shall remain unenclosed as per approval of the special exception for as long as the structure is in existence or exceeds the maximum FAR. Commissioner Ganger seconded the motion and all voted AYE at roll call. 3. Letter of withdrawal RE: Martin property @ 12 S. Hidden Harbour Drive. Mr. Wietsma, as Agent for Mr.& Mrs. William Martin, read his letter requesting that the approval that was given on June 12, 2015 for development of their property at 12 S. Hidden Harbour Dr. be amended to exclude the proposed portion of the project that included the removal of invasive landscape species and replacement with native trees and plants along with other minor improvements and debris removal on Town owned property adjacent to the south property line of the Martin property. The Martins wish not to include any property outside of the boundaries of their fee simple lot as part of the approved application. Attorney Randolph suggested that a motion to reconsider be made by someone on the prevailing side of the approval of the original application and a second motion be made to approve the application for the improvements solely on the Martin property, excluding any part of the application which related to the Conservation Area. Commissioner Ganger explained the previous application and subsequent approval that was given in June for those in the audience that had not attended the June meeting. Mr. O'Hare requested to be heard and said he recommend a vote to approve this request but pointed out that the Tropical Almond trees that reached the height of 40' are not invasive and the Areca Palms are not native. In addition he said that the Code requires that if anything is done on a lot, all of the invasive plants would have to be removed. He was hopeful that when the budget was free of some of the expense some 5 Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. money could be spent on this neglected conservation area. Mayor Morgan in clarification asked if he meant the Town should spend money rather than accepting this gift that was offered. Mr. O'Hare said he was referring to the entire property. Mayor Morgan said that Mr. Wietsma was giving a benefit to the town by giving a clean access to the seawall to better protect it and save the town money in the future because the last time the town was not able to access it, the seawall became degenerated and cost quite a bit of money. He saw this offer as a reasonable effort to work with neighbors to preserve this area at no cost to the town. Commissioner Stanley moved to reconsider the project application for 12 S. Hidden Harbour Drive and Commissioner Orthwein seconded the motion with all voting AYE at roll call. Commissioner Orthwein moved to approve the previous application excluding the Conservation area and limiting that application just to the fee simple Martin property. Commissioner Ganger seconded the motion and all voted AYE at roll call. IX. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) Mr. Brannon reported that Comcast and AT &T are still working to get their lines off the poles in Phase 1 and that FP &L have returned their red line drawings to comply with our drawings and are in the process of correcting their drawings. He said the sample street light was to previously be removed and sent back but there was some type of mix up and they are supposed to remove it today and make the changes that were requested. He further said that they are still in the process of obtaining easements but they do not expect that to be a big issue. Mr. Brannon reported that the Town of Palm Beach had a meeting of the Underground Utility Task Force and that he, Commissioner Ganger and Mr. Thrasher had been invited to speak. He asked Mr. Ganger to comment. Commissioner Ganger said that Palm Beach is discussing an undergrounding plan for the entire town, an 80 million dollar project. He also said that Mr. Thrasher gave a very eloquent speech on patience and that he heard some of the task force comment on how helpful it was to hear from a Town Manager regarding this type of project. Barbara Sloan, 3860 Bermuda Lane, was recognized and commented that she hoped that Gulf Stream did not get lost in the shadow of the Palm Beach project since our project is not yet completed. Mr. Brannon said that the Palm Beach project would span 10 years and that there are plenty of contractors that are qualified to do this work but we would both be depending Comcast and AT &T. He did not believe there to be a conflict as the timing of our project is ahead of Palm VA Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. Beach. He expects our project to be completed by the end of 2016 or during the first quarter of 2017. B. Town Manager There was no report. C. Architectural Review & Planning Board 1. Meeting Dates a. July 23, 2015 @ 8:30 A.M. b. September 24, 2015 @ 6:30 A.M. c. October 22, 2015 @ 8:30 A.M. d. November 19, 2015 @ 8:30 A.M. e. December 17, 2015 @ 6:30 A.M. 2. Recommended Code changes from ARPB a. Ordinance No. 15/4: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE I, IN GENERAL, SECTION 66 -1, DEFINITIONS, TO INCLUDE DEFINITIONS OF "ENTABLATURE", "HARDSCAPE" AND "OPEN FRONT LAWNS "; AMENDING ARTICLE VI, DISTRICT REGULATIONS, DIVISION 4, OR- OUTDOOR RECREATIONAL DISTRICT, SECTION 66 -258, MAXIMUM FINISHED FLOOR ELEVATION; AMENDING ARTICLE VII, NORTH OCEAN BOULEVARD OVERLAY DISTRICT, SECTION 66 -321, CREATION; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (First Reading) The Mayor asked for comments from the Commission and there were none. He then asked for comments from the Public and Mr. O'Hare was recognized. Mr. O'Hare noted that this had been added to the agenda and he questioned the legally of having a first reading without it having been published. He further noted that this gives interested parties only one meeting for them to comment. He said there are issues here that need discussing and he would do the best he could to do that since he didn't know if he would attend the August meeting. He entered a complaint that the Ordinance was added to the agenda. He questioned if the description of "open front lawns" means that 75% of the front property line shall not have plant material taller than 3 feet and the remaining 25% may have taller material. Attorney Randolph said this is true and it applies to future plantings, not what is currently in place. He also said, in answer to a question from Mr. O'Hare, that this applies to the entire front lawn, right up to the house, not just along the front property line. Commissioner Ganger asked if the portion of the Ordinance related to finished floor elevation was mandated by FEMA and was advised that it is from FEMA and is establishing a maximum NAVD elevation that replaces the NGVD elevation. M Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. Commissioner Ganger moved that Ordinance No. 15/4 be adopted on first reading and Commissioner Orthwein seconded the motion with all voting AYE at roll call. b. Ordinance No. 15/5: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 70, GULF STREAM DESIGN MANUAL; AT ARTICLE VIII, SUPPLEMENTAL DEVELOPMENT REGULATIONS; SECTION 70 -268, FRONT YARD ACCOUTREMENTS, SO AS TO DELETE THE REFERENCE TO OBJECTS D'ART VISIBLE FROM THE STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (First Reading) There were no comments or questions regarding this Ordinance and Commissioner Orthwein moved to approve Ordinance No. 15/5 on first reading. Commissioner White seconded the motion and all voted AYE at roll call. The Town Clerk announced that both of these Ordinances will be available for second reading at the August 14, 2015 meeting to be held at 9:00 A.M. and Attorney Randolph asked for a motion to schedule second reading at that time. Commissioner Orthwein moved that Ordinances Number 15/4 and 15/5 be placed for second reading and adoption on the agenda for the meeting that will be held on August 14, 2015 at 9:00 A.M. Commissioner White seconded the motion and all voted AYE at roll call. D. Finance Director 1. Financial Report for June 2015 Town Manager Thrasher called attention to the Financial Report and stated that he will answer any questions. There were no questions and Mayor Morgan declared the report accepted as presented. E. Police Chief 1. Activity for June 2015 Chief Ward asked that the June report be accepted as circulated, absent of any questions. Mayor Morgan declared the report accepted as submitted. X. Items for Commission Action. A. Continuation of Agreement: Overhead Utility Undergrounding Project Management & Engineering Consulting Services - Brannon & Gillespie LLC. Attorney Randolph advised that the date of July 10, 2016 that has been inserted in the agreement should be changed to read July 10, 2017. Commissioner Ganger moved to approve the Continuation Agreement for the Overhead Utility Undergrounding as amended and to authorize the Town Manager to execute the Agreement. Commissioner Orthwein seconded the 9 Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. motion with all voting AYE at roll call. B. Presentation of Proposed Budget for Fiscal Year 2015 -2016 1. Budget Consideration Town Manager Thrasher explained that this is the Proposed Budget and will move ahead to a Tentative Budget for consideration at the September meeting. He said this is a balanced budget with revenues and expenditures being $5,773,833 and it has been prepared based on the property appraisers certified taxable value of approximately 965 million dollars which is an increase of approximately 10.60. The Town Manager advised that his budget includes salary increases of 3% and there are increases proposed for the Deputy Clerk and the Accountant. He pointed out that the contract with Delray Beach has increased by 5% under the terms of the contract. Mr. Thrasher said that the current millage rate is 3.9000, the rolled back millage rate is 3.6335 and the proposed millage rate for 2015 -2016 fiscal year is 5.0000, 37.61% higher than the rolled back rate. He pointed out that the legal fees are estimated to be one million dollars, which is reflected in this document and the estimated Build to Reserves is $672,455. In answer to a question from Vice Mayor Ganger, he said this would bring the estimated Fund Balance to $1,752,350. The Town Manager called attention to two new line items in the budget that the auditor directed be added. This is to account for the revenue that is paid to the City of Delray Beach for building permits and subsequent inspections within Gulf Stream. This amount is $280,000. Mr. Thrasher said that the town is out - sourcing 1.5 million dollars to the City of Delray Beach, or approximately 25% of the total General Fund Revenue. 2. 2014 -2015 Millage Rate Mr. Thrasher stated that the current fiscal year's millage is 3.9000. With regard to the Utility Fund, he requested a water rate increase of 4% and a $30 Reserve Billing Charge increase every billing cycle, bringing the estimated Build to Reserves to $132,000. In reply to a question from Vice Mayor Ganger, Mr. Thrasher said he has included $25,000 toward the cost of a Barrier Island Fire District study in this proposed budget. Commissioner White asked if the 4% water increase was in addition to the doubling of the reserves and is the 4% passed on from Delray. Mr. Thrasher replied that as of this time there has been no information from Delray and it will be a source of revenue with the reserve portion being placed in the special reserve fund and the remainder shown as revenue keeping in mind that at the end of the year, whatever the difference is between the revenue and the expenditures will be posted in the Fund Balance with the purpose of building the reserves. Mr. O'Hare was recognized and said that a little over 2 years ago he read an email to Barron Signs in which it was implied that Mr. Thrasher would be retiring in the spring of 2015 and he wondered if there should be a line item in the budget to cover a search for a Town Manager. He ON Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. went on to say that the million dollar line item for legal fees is a burden on the home owners paying the taxes and he suggested that it only takes 3 Commissioners to change the direction the town is heading. He went on to say if the town has a "Plan B" after the Rico, that is distressing to hear but he is prepared to face it. He thought that the 3 Commissioners that appear to be the most even minded "consider it might be time to step in and have a shade meeting and invite litigants to sit down and work it out and avoid the million dollar legal fee. There's so many things on the table this town could use between public access to the Conservation District, a park perhaps for residents who don't happen to belong to the expensive and very exclusive clubs. There is just such better use for the money. I have no doubt that Jones, Foster, connected, super intelligent, creative could come up with all sorts of ways to put the screws to somebody but it just seems like it's time to make the ship turn another direction." Mayor Morgan asked Mr. O'Hare why he didn't dismiss all of his law Suits and Mr. O'Hare replied he would love to do that. Mayor Morgan replied that if he would love to withdraw his law suits, he would like for him to say that right now and Mr. O'Hare said that his wife would like to hear that along with a lot of other people. The Mayor suggested he give that some thought, adding he believed the entire town would like that as well. Mr. O'Hare, responding to that said "I know there's a lot of ego involved in law suits, certainly a lot involved in the Rico but some of us feel an obligation to do the right thing not for just us. I don't mean to sound like Don Quixote but there are democratic principals at stake and the only way it seems to get those principals on line is by redress to the courts, for a judge to actually step in and say this is how this should be settled and I'm leaving it to them now ". Mayor Morgan replied, "having us pay you money would be helpful to that democratic principal ". Mr. O'Hare said "There is so much more involved than money, I can't reduce it to just that but we're talking about the budget and I just wanted to say there is an opportunity with 3 Commissioners to step in and decide we can do something different ". Mayor Morgan thanked Mr. O'Hare for that point and asked if there was any other comment. There being none he asked for motions on the remaining four budget items. 3. Proposed Millage for Fiscal Year 2015 -2016 Commissioner Orthwein moved that the proposed millage rate for Fiscal Year 2015 -2016 be 5.0000 mills and Vice Mayor Ganger seconded the motion. All voted AYE at roll call. 4. Certification of Rolled Back Millage Rate Vice Mayor Ganger moved to certify the Calculated Rolled Back rate is 3.6335 and Commissioner Orthwein seconded the motion with all voting AYE 11 Minutes of Town Commission Regular Meeting 5 Public Hearing July 10, 2015 @ 9 a.m. at roll call. 5. Date of First Public Hearing- Tentative Budget Adoption Vice Mayor Ganger moved to hold the Tentative Budget Hearing on September 11, 2015 at 5:01 P.M. and Commissioner Orthwein seconded the motion. All voted AYE at the roll call. 6. Date of Second Public Hearing -Final Budget Adoption Commissioner Ganger moved that the Public Hearing for Final Budget Adoption be held on September 22, 2015 at 5:01 P.M. Commissioner Orthwein seconded the motion with all voting AYE at the roll call. The Town Clerk suggested that there be a motion to hold the Regular Meeting of September 11, 2015 at 4:00 P.M rather than at the usual time of 9:00 A.M. Commissioner Orthwein moved and Commissioner Ganger seconded that the Regular Meeting of September 11, 2014 be held at 4:00 P.M. and all voted AYE at roll call. C. Items by Mayor and Commissioners There were no items from any of the Commissioners but Mayor Morgan said he had a few comments to make about a subject that is on every ones mind, the Rico action. Those comments are as follows: "There should be no misunderstanding of the Rico decision. The judge did not condone, he did not excuse the sort of behavior the town has been suffering. Instead, he said that the behavior, in his opinion, did not rise to the level of racketeering under the Federal Statute. The judge is a trial judge. Trial judges do not make law, they try to adopt whatever law is in existence and fit it to the facts before them. And, that's what this judge tried to do. This is a case of first impression. That means there is no other case like this, not in Florida, not in the entire United States. This is a case of first impression that individuals using requests and litigation and threats to intimidate and to extort by means of misleading and fraudulent behavior. Money and changes and actions from municipalities rises to the level of Rico racketeering. Our lawyers recommended that we appeal that decision to get to appellate courts where such law is expanded, where the Rico law could be more fully addressed to these facts under first impression. The trial judge suggested in his opinion these cases move forward in State court and I think you all know it, but I will repeat it. We have not put all eggs in the Rico basket. Our defenses and our actions have been ongoing in the State cases, pre- dating the Rico action where we have had success. We will continue those actions. The allegations in the Rico action, although a class action addressing many other municipalities and contractors are in their essence the same allegations we make in the State cases. So, I want there to be no misunderstanding, whether it's in State court or whether it's in Federal court, or whether it's in State or Federal court, both of them, these people will be held to account for their actions should those cases not be withdrawn and a resolution met to prevent that from happening. 12 Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. A couple of days ago I received a letter from Martin O'Boyle to me, not from counsel but from him to me, requesting a sit down to discuss settlement of the actions. Of course I have given it to our counsel and I think a review of history is important. We've done this before with Mr. O'Boyle. It cost the town an awful lot of money and embarrassment. Immediately after settling with Mr. O'Boyle the last time he did this he immediately turned around and began the law suits again and expanded his scheme to include other people and other lawyers and other cases and runners across the State. And so, if we raise an eyebrow at these sorts of letters, you can understand. But, we didn't just stop there. We've met with Mr. O'Boyle before, similarily, getting together as, I forget the gentleman's name, but as he suggested that we just sit down and talk, that's how you begin settlement negotiations. Well, we tried that and that turned into threats and banners and more litigation. And so, a correct way to settle cases is where the attorneys for a party making proposal of settlement to the attorneys to the other party. And, if such were to come in we would certainly give it consideration. But; until such resolution occurs, where these cases are all withdrawn and this town is protected, these cases in State court and Federal court will continue. Any other comments ?" Attorney Randolph asked Mayor Morgan if he is requiring a motion to authorize the appeal of the Rico act to which the Mayor stated he didn't believe it necessary but would happy to do it if it is felt necessary. He then asked if there is any discussion on the appeal of the Rico action. Commission Orthwein said no, that she fully supports his taking charge of this and that he is handling it the right way. She believed that with the history in this matter the town could never settle again. Commissioner Ganger said, Amen! Patsy Randolph, a town resident, was recognized and remarked to the Mayor that he made the residents very proud and they do support him. She was hopeful that his remarks would be put into a letter to the residents so they will fully understand all of the ramifications that he had just explained. Mr. Graziano spoke in support of the Mayor's action with regard to the Rico action and said that the residents are also in support. With regard to settling the current actions, he believed if this were to be done, there is no way to prevent them from bringing a new series of actions the next day. Mayor Morgan said that the lawyers are discussing whether or not something could be written in to prevent that. Mr. Graziano said he understood there is a State Rico action and that perhaps the State courts would be a little more understanding of a local 13 Minutes of Town Commission Regular Meeting & Public Hearing July 10, 2015 @ 9 a.m. municipality being held captive by these kinds of actions than would the Federal courts to which Mayor Morgan said this is being looked at. Christopher O'Hare believed that Federal court trumps State court and reminded that there is a U.S. and a State constitution and local ordinances. He believed it would be a folly to now file the Rico in State court and spend more money. He stated that all the appellate court does is review the actions of the first judge. He said he can see the millage rate going to 7.50. He questioned if it is wise to spend all of this money and he recommended that, if Jones, Foster & Mr. Richman recommend an appeal, the town should seek other opinions as this is his money too. Mayor Morgan thanked Mr. O'Hare for his legal advise and said there is not a Plan A and Plan B, this is all trying to defend the town from his actions as he is part of this conspiracy to harm the residents and the town and create a high millage rate. The Mayor pointed out that the expenses that are being incurred and the diminishing reserves are all on Mr. O'Hare. Mr. O'Hare reminded of all the money that has been spent on undergrounding and said he took umbrage at putting all the blame on him to which the Mayor replied that he could share it with O'Boyle. Commissioner Orthwein moved to go forward with the appeal of the Rico action and Vice Mayor Ganger seconded with all voting AYE at roll call. D. Change to the Town's Personnel Policy The Town Manager advised that it is required that the Personnel Policy include a section that directs employees how and where to report any wrongdoing and he requested that Commission authorize this addition be included in the Personnel Policy. Commissioner Stanley moved to include the "Reporting Wrongdoing" section to the Personnel Policy and Commissioner Orthwein seconded the motion with all voting AYE at roll call. XI. Adjournment. Mayor Morgan adjourned the meeting at 11:00 A.M. Rita L. Taylor Town Clerk 14 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 27, 2015 Jonathan O'Boyle [mail to: joboyle @oboylelawfirm.com] Re: GS #1887 (JRO 7/14/15) First, I would like the electronic copy of the order to transfer in 2014 -CC- 012274 -RF. I believe that is a Chris O'Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public ofcials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history — who said what and why about the creation of the ordinance and its language. Dear Jonathan O'Boyle [mail to: joboyle(�obovlelawfirm.coml, The Town of Gulf Stream has received your public records requests dated July 14, 2015. Your original public records requests can be found at the following link http: / /www2.Mf- stream. ore/ weblink/O /doc /58317/Pagel.asi)x. Please refer to the referenced number above with any future correspondence. The first part of your request was completed by Joanne O'Connor on July 14, 2014. For the second part of your request, responsive communications and drafts of the ordinance may be found at the link above. Communications that initiated the ordinances to be drafted began at public meetings in 2014. As a result, additional responsive documents can be found by going to www.gulf - stream.org, click on "I want to ", click on "Find a Town Record ", click on "Town Clerk ", click on "Minutes ", click on "Ad Hoc ", click on "2014" and you will find all the minutes where there was communication/discussion. More responsive documents can be found by going to "ARPB" instead of Ad Hoc, click on "2014 ", click on all minutes starting from the "06 26 14 Meeting" to the present for further communication/discussion. A draft of the minutes from the July 10, 2014 meeting is available at the link above. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records