HomeMy Public PortalAbout11/09/2012APPLICATION FOR
APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on December 27, 2012
at 8:30 A.M., and the Town Commission of the Town of Gulf Stream, Florida
will hold a Public Hearing on January 11, 2013 at 9:00 A.M., both in the
Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at
which the following will be considered:
An application submitted by Quinn Miklos, Miklos & Assoc., P.A.
as agent for Gerald & Sharon Clippinger, owners of the property located
at 2538 Avenue Au Soleil, which is legally described as Lot 48 Place Au
Soleil, to consider the following:
SPECIAL EXCEPTION to permit the extension of an existing non - conforming
wall that encroaches 4.2 feet into the required 15 foot south side
setback.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit additions consisting
of bathroom, covered entry and additional living area, a net total of
716.6 square feet, to the existing one -story single family dwelling and
an exterior renovation to smooth stucco with the addition of quoins on
the corners. A new brick driveway will also be a part of the
renovations.
The Architectural Review and Planning Board shall make a recommendation to
the Town Commission and the Town Commission shall make a final decision
regarding the subject application at the meetings noticed above. The
meetings may be adjourned from time to time and place to place as may be
necessary to hear all parties and evidence.
The complete application materials are on file in the Office of the Town
Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be
reviewed during regular business hours, which generally include non - holiday
weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of the Town
of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD or the Town Commission WITH RESPECT
TO ANY MATTER CONSIDERED AT THE PUBLIC HEARINGS, SAID PARTY WILL NEED A
RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A
CVERBATIM 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.
Dated: November 23, 2012
TO
OF
GUW STREAM,
FLORIDA
Rita
L.
Taylor, r own
Clerk
November 1, 2012
MAYOR: Joan K. Orthwein
Vice Mayor: Thomas M. Stanley
COMMISSIONER: Muriel J. Anderson
W. Garrett Dering
Robert W. Ganger
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 9, 2012 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
ArRNnA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of October 12, 2012.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Vi. Announcements.
A. Regular Meetings and Public Hearings
1. December 14, 2012 @ 9:00 A.M.
2. January 11, 2013 @ 9:00 A.M.
3. February 8, 2013 @ 9:00 A.M.
4. March 8, 2013 @ 9:00 A.M.
5. April 12, 2013 @ 9:00 A.M.
6. May 10, 2012 @ 9:00 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Seaside Builders LLC, as agent
for Harbor View Estates, LLC owners of property located
at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally
described as Lot 5, Hidden Harbour Estates Plat II, Replat
of Golf Course Addn. Lts 4, 5 & N 92' of Lt 6, Gulf
Stream, Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow
removal of existing nuisance exotics and some native
trees providing for a 13' clear zone from edge of
roadway.
2. An application submitted by Seaside Builders LLC as agent
for Harbor View Estates LLC, owners of property located
at 1220 North Ocean Boulevard, Gulf Stream, Florida,
legally described as Lot 4, Hidden Harbour Estates Plat
Two, a replat of Lots 4, 5 & 6, Golf Course Addition
according to the plat thereof as recorded in Plat Book
15, Pages 173 & 174, Public Records of Palm Beach County,
Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the
removal of existing nuisance exotics and extensive
planting of native species and the installation of
an entrance wall and gates, a portion of which is
within the 50, corridor.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
the construction of a partial two -story Bermuda
style single family dwelling, 3 car garage with
bonus room above, 8,603 square feet, and a swimming
pool.
3. An application submitted by Seaside Builders as
agent for Harbor View Estates LLC, owners of property
located at 1230 N. Ocean Blvd., Gulf Stream, Florida,
legally described as Lot 6, Hidden Harbour Estates Plat
Two, being a re -plat of Lots 4, 5 & 6, Golf Course
Addition, Gulf Stream, Florida.
a. NORTH OCEAN BLVD. OVERLAY PERMIT to allow removal of
existing nuisance exotics providing for a 13,
clear zone from the edge of roadway and extensive
AGENDA CONTINUED
planting of native species and installation of a
6'high aluminum rail fence 12' west of the east
property line that will be screened with landscape
material.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an 8,857 square foot Colonial West
Indies style partial two - story, single family
dwelling, attached 2 car garage with 6' high walls
and fences screened with landscape material around
the property, and a swimming pool.
4. An application submitted by Benjamin Schreier,
Affiniti Architects, as Agent for Doris J. Gillman,
the owner of property located at 3333 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described as
Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream,
Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove
existing landscape material and driveway,
install new driveway and landscaping and
constructs foot perimeter wall with entry gate
within the North Ocean Boulevard Corridor.
b. LAND CLEARING PERMIT to relocate /clear existing
landscaping material for relocation of
driveway, preparation of building site and
property beautification.
C. DEMOLITION PERMIT to remove existing structures.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a 9,036 square foot Colonial West
Indies style partial 2 -stor single family
dwelling, 3 car attached garage and a swimming
pool.
VIII. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
B. Town Manager
C. Architectural Review & Planning Board
1. Meeting Dates
a. November 15, 2012 at 8:30 A.M.
b. December 27, 2012 @ 8:30 A.M.
c. January 24, 2013 @ 8:30 A.M.
C d. February 28, 2013 @ 8:30 A.M.
e. March 28, 2013 @ 8:30 A.M.
f. April 25, 2013 @ 8:30 A.M.
D. Finance Director
1. Financial Report for October 2012
2. Optional Format- Financial Report for October 2012
E. Police Chief
1. Activity for October 2012
IX. Items for Commission Action.
A. Items by Mayor & Commissioners
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION 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. F.S.S. 286.0105
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 9, 2012 AT
9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I. Call to Order. Mayor Orthwein called the Meeting to order at
9:03 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor
Orthwein.
III. Roll Call.
Present and
Participating
Also Present and
Participating
Joan K. Orthwein
Tom Stanley
Muriel Anderson
W. Garrett Dering
Robert W. Ganger
William Thrasher
Rita Taylor
John Randolph
Lt. Edward Allen
Mark Grant, Esq. of
Greenspoon, Marter
Tom Laudani of Seaside
Builders
Richard Jones of
Jones Architects
Dave Bodker of
Dave Bodker Landscape
& Architecture
Joe Pike of
EnviroDesign
Martin O'Boyle, Res.
Lisa Morgan, Res.
Nancy Touhey, Res.
Ben Schrier of
Affinity Architects
Joe Peterson of
Peterson Desi
Guy Flora of
Mark Timothy
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Attorney
Gulf Stream Pol. Dept.
Rep. Applic. /Developer
Tom Laudani
Applic. /Developer
Architect /Harbour View
Landscape Architect/
Harbour View
Engineer /Harbour View
23 N. Hidden
Harbour Dr.
1140 N. Ocean Blvd.
1200 N. Ocean Blvd.
Arch. /3333 N. Ocean
Landscape
gn Prof. 3333 N.
GC/3333 N
Construction
Architect/
Ocean
Ocean
IV. Minutes of the Regular Meeting of October 12 2012.
Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the
Minutes of the Regular Meeting of October 12, 2012. There was no
discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
VI. Announcements.
A. Regular Meetings and Public Hearings
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 2
1. December 14, 2012 @ 9:00 A.M.
2. January 11, 2013 @ 9:00 A.M.
3. February 8, 2013 @ 9:00 A.M.
4. March 8, 2013 @ 9:00 A.M.
5. April 12, 2013 @ 9:00 A.M.
6. May 10, 2012 @ 9:00 A.M.
Mayor Orthwein noted the upcoming meetings. There were no conflicts.
0 VII. PUBLIC HEARING.
Clerk Taylor asked for declarations of Ex -Parte communication concerning
the items on the Public Hearing Agenda. Commissioner Ganger stated that
he spoke with Lisa Morgan concerning her objections to the N. Ocean
Blvd. Overlay Permit request. Commissioner Anderson stated that she
walked the strip of the proposed Overlay Request. Mayor Orthwein stated
that she had a conversation with Lisa Morgan concerning her objections
to the N. Ocean Blvd. Overlay Permit request.
Clerk Taylor administered the Oath to Mark Grant, Esq., Tom Laudani,
Richard Jones, Dave Bodker, Joe Pike, Martin O'Boyle, Lisa Morgan, Cuppy
Kraft, Nancy Touhey, Ben Schrier, Joe Peterson and Guy Flora.
A. Applications for Development Approval
1. An application submitted by Seaside Builders LLC, as agent
for Harbor View Estates, LLC owners of property located
at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally
described as Lot 5, Hidden Harbour Estates Plat II, Replat
of Golf Course Addn. Lots 4, 5 & N 92' of Lt 6, Gulf
Stream, Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow
removal of existing nuisance exotics and some native
trees providing for a 13' clear zone from edge of
roadway.
For clarification, Mr. Randolph said the N. Ocean Blvd. Overlay Permit
Application is listed as submitted by the Developer, but he said the
Town is requesting the Overlay Permit as it relates to the Australian
Pines plantings, the Developer is involved because the Town asked if he
would sod and irrigate if approved, and the Developer has agreed to do
SO. Commissioner Ganger asked Mr. Randolph if that statement was made
at the October ARPB Meeting. Mr. Randolph said the statement was not
made, but a presentation was made by Mr. Thrasher to that effect. The
Developer's Attorney asked if the Commissioners would consider hearing
the applications of the houses before hearing the Overlay Permit
request. Commissioner Ganger asked Mr. Grant if he made the same
request at the October ARPB Meeting. Mr. Grant said he is not taking a
position on the Overlay Permit and he did not make the request, someone
else requested the Agenda change. Mr. Randolph stated that Mr. Grant's
request is appropriate. Mayor Orthwein agreed that the item will be
addressed following the presentations of the houses.
Attorney Mark Grant introduced himself and stated that he represents the
Developer. He said the ARPB recommended approval, with conditions, of
the two Level III Applications being heard, he asked that the
Commissioners focus deliberations only on what is before them, and he
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 3
reserved the right to respond to any comments or questions concerning
either application. Commissioner Ganger said a year ago everyone was
concerned with what these six houses would look like and how it the
subdivision would develop over time. Mr. Grant said these homes comply
with all criteria and they will not have the cookie - cutter look.
2. An application submitted by Seaside Builders LLC as agent
for Harbor View Estates LLC, owners of property located
O at 1220 North Ocean Boulevard, Gulf Stream, Florida,
legally described as Lot 4, Hidden Harbour Estates Plat
Two, a replat of Lots 4, 5 & 6, Golf Course Addition
according to the plat thereof as recorded in Plat Book
15, Pages 173 & 174, Public Records of Palm Beach County,
Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the
removal of existing nuisance exotics and extensive
planting of native species and the installation of
an entrance wall and gates, a portion of which is
within the 50' corridor. ITEM WILL BE HEARD
FOLLOWING ITEM VII.3.B.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
the construction of a partial two -story Bermuda
style single family dwelling, 3 car garage with
bonus room above, 8,603 square feet, and a swimming
pool.
Richard Jones of Jones Architects introduced himself, he stated that he
represents the Developer and he thanked the ARPB for their approval of
the first three houses. He said all six houses in the subdivision will
show diversity, they will be an asset to Gulf Stream and there will be
nothing cookie - cutter about their design, detail or construction. Mr.
Jones described the house on Lot 4 at the SE corner of the property as a
partial two -story classic Gulf Stream Bermuda style with white - washed
stucco, black shutters and railings, a white flat concrete tile roof
with mitered corners and ample balconies surrounding the home on all
four elevations. To break down mass Mr. Jones said they have arranged
pieces of the structure around central courtyards providing outdoor
spaces and they have created buffers with landscaping. He said the
theme in the subdivision is carriage homes and all three homes have pool
courtyards with ample outdoor living space, varied stepped roof lines
and varied massing from one -story to two - story.
Mr. Jones said to address the concerns of mass they added two balconies
Oon the south elevation, similar to the balconies on front and rear
elevations, and they added one balcony on the north elevation which
faces an adjacent lot. He said the existing vegetation in the no -cut
zone has been meticulously maintained by the Developer, and the proposed
landscaping was designed by Dave Bodker who did the research, tagged the
trees and visited the site making sure all species are accurately noted
and preserved in the no -cut zone. Mr. Jones said the landscaping was
designed to provide a buffer for existing neighbors as well as new
residents, and he said this house will hardly be seen from the south
elevation along Hidden Harbour Dr. Commissioner Ganger said the
Developer assured everyone that he would maintain the character of the
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 4
property as well as the neighborhood and community, and he said it was a
heavily- wooded property at the outset and it is expected that it will
come back to that with six houses and heavy landscaping.
Mr. Thrasher asked for the front setback on Lot 4 and Mr. Jones said it
is very close to 100 feet from AlA and will be consistent with Lot 6.
He said they want to recapture the estate -feel of the previous property
O with long driveways and the houses set back. Mr. Thrasher asked the
distance from the home as compared to the front edge of AlA. Mr. Jones
said 50 feet from the edge of pavement to the structure would have met
Code, but the distance is 115'. He said they pulled the structure back
to nearly 100 feet with a straight drive that enters a motor court
directly on axis with the front door, through the house, out to the pool
and terminates at the 2 -story carriage house /3 -car garage, with no
garage entry visible from AlA.
Dave Bodker, Landscape Architect, introduced himself. Mr. Bodker said
there are 19 existing trees along the south property line of Lot 4 which
will be supplemented with a number of Green Buttonwood trees with under -
plantings of Green Buttonwood shrubs, Wild Coffee, Silver Buttonwood and
a variety of native shrubs along the outside of the retaining wall. He
said Fishtail Palms, Alexander Palms, Oak Trees and Podocarpus Hedge
will be planted along the interior of the wall. Mr. Bodker said the
Podocarpus Hedge will be 4' high at planting and will grow about 6
inches to a foot a year. He said there is a variety of existing trees
along AlA which will be supplemented with a large variety of native
under - plantings in the buffer between AlA and the proposed entrance wall
and gate. Mr. Bodker said they will remove some of the Brazilian Pepper
Trees and replace them with Green Buttonwood Trees in that area. Mayor
Orthwein asked why they are not planting more Ficus. Mr. Bodker said
the nurseries are not releasing it due to White Fly.
Mayor Orthwein said she understands that it is the State that mandates
the removal of the Brazilian Peppers and other non - native vegetation and
wanted everyone to be aware of that. Mr. Bodker confirmed that the
State mandates the removal. Lisa Morgan of 1140 N. Ocean Blvd. asked
Mr. Bodker to be more specific concerning the State Statute for the
removal of Brazilian Peppers. Mr. Bodker said the State mandates that
Brazilian Peppers on any property that is to be developed must be
removed when the property is developed. He said they will remove some
Brazilian Pepper and under -plant with native shrubs from 24" to 48"
high. The plantings will be more formal in front of the wall and will
include Clusia Hedge and Silver Buttonwood, and on the inside of the
gate and around the motor court they will plant Live Oak Trees,
Podocarpus Hedge and Mulberry. Taller palms will be planted along the
2 -story portion of the house and smaller native trees along the 1 -story
portion on the north elevation, around the courtyard and pool area there
will be a mixture of lush vegetation, and they will plant taller palms
to soften the impact of the garage on the west elevation. Mayor
Orthwein mentioned that this home will have a private driveway from AlA.
Mr. Randolph stated that the ARPB raised the question of how to assure
the neighbors and residents that the landscape buffer will remain in
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 5
place. He suggested a deed restriction be put in place, which would run
with the land, and anyone purchasing the properties would know of the
restriction that the buffer will remain in place. Mr. Randolph said the
ARPB suggested he meet with Mr. Grant to come to an agreement on this,
which he did. He said Mr. Grant has stated that the developer has no
objection to a deed restriction which will provide that the buffer will
remain in place and, if not, the Town can intervene, replace the buffer
and place a lien on the property if necessary. Further, Mr. Randolph
said the developer has agreed that this would also apply to Lot 3, which
was previously approved. Commissioner Ganger said the Minutes indicate
that this is a voluntary decision on the part of the Developer. Mr.
Randolph confirmed that.
Mr. Thrasher asked for the width of the driveway entrance off of AlA and
Mr. Jones said it is 12 feet, and he said the actual motor court is
lower than AlA, which will enhance the screening from AlA. Mrs. Morgan
asked Mr. Bodker if he guarantees the hedge will grow to completely
screen the wall. Mr. Bodker said he cannot guarantee that, but he said
Green Buttonwoods will be planted at 32" to 48" on the lower outside of
the wall that will grow to 12' in six to eight years. He said there
will be a hedge on the upper level with 12' Fishtail Palms, 26' to 28'
Alexander Palms on the west elevation to screen the 2 -story garage, and
Green Buttonwoods under - planted with Silver Buttonwoods, providing three
layers of plant material. Mrs. Morgan asked how far back from the 10'
buffer would the improvements start. Mr. Bodker said the wall is 50
feet back from AlA, there are existing trees and they will plant 20'
Green buttonwoods, native under - plantings inside and outside of the 10'
buffer with a more formal setting near the wall in front of the
property.
Mrs. Touhey of 1200 N. Ocean Blvd. said she is unhappy over the removal
of the Banyan Tree, she said the wall is incomplete, none of the trees
have been replaced yet and she asked when replanting will begin. She
said the wall stops at her driveway, which is off of Hidden Harbour Dr.,
there are sticks, under - plantings and debris in that area, and she said
the Developer promised that the buffer would be immediate. Mr. Laudani
said a lot of the wall is hidden by vegetation, but it extends west down
Hidden Harbour Dr. about 30' to 40' to Lot 3. He said tree removal was
restricted within the 15' buffer to the north and south and 10' to the
west and, therefore, all of those trees remained in place. Mr. Laudani
said the Banyan Tree was removed, but it was outside of the buffer zone
and they immediately planted larger vegetation when they installed the
walls. He said there will be further enhancement to all screening
during construction of the homes on Lots 3 and 4 along Hidden Harbour
Dr., offered to have Mr. Bodker meet with Mrs. Touhey in private to
provide more detail and answer her questions. Mayor Orthwein asked when
planting will begin. Mr. Laudani said it is usually toward the end of
construction due to grading and physical constraints associated with the
foundation, stem wall and lot construction. He said it is practical to
plant at that time to ensure the survival rate of the plantings. Mr.
Laudani said these trees will be covered under a covenant providing that
future owners will be responsible to maintain them.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 6
Mr. O'Boyle of 23 Hidden Harbour Dr. introduced himself and said there
is a private agreement with the Developer providing that the canopy will
not be touched, but he said he and Mrs. Touhey know the canopy was
touched, and in a letter to Tom Murphy the Mayor acknowledge that it was
damaged. He said he understands the Town cannot interfere in private
agreements, but he said they are obligated to protect residents and it
should be fixed. Mayor Orthwein asked Mr. O'Boyle to restrict comments
O to the subject of the homes, and she said any other comments can be made
during the public portion. Mr. O'Boyle asked if he could talk about
drainage. Mr. Randolph said the engineer previously testified that they
meet the requirements relating to onsite retention of water for all
lots. He said it is a separate matter if Mr. O'Boyle is referring to
drainage for the subdivision. Mr. O'Boyle said Mr. Pike also previously
testified that the drainage was tied into the Hidden Harbour Estates
drainage system for all six houses.
Mayor Orthwein said the ARPB recommended approval of this application
with conditions. Mr. Randolph said he and Mr. Grant are putting the
deed restriction together and he asked the Commissioners if they are
satisfied that the plans as presented provide sufficient buffer from
Hidden Harbour. Further, he said construction is disruptive and he
suggested that the Commission require construction screening be put in
place. Mayor Orthwein asked Mr. Laudani about cleaning up the area Mrs.
Touhey referred to and about erecting a construction buffer prior to
construction. Mr. Laudani said they have done some cleanup and will do
more, they will erect a temporary green screen inside the 15' buffer
along Hidden Harbour property lines prior to construction, and he said
he does not object to that being a condition of approval. He said once
they break ground on the two lots the structures will be done in 10
months.
Vice -Mayor Stanley asked if a condition should be added relating to the
buffer going forward on each house. Mr. Randolph suggested a condition
that the deed restriction will apply to Lot 3 and that there will be a
sufficient buffer along Hidden Harbour Dr. Mr. Grant said there is a
private agreement requiring the 15' buffer on the south to remain. He
said they are willing to enter into that agreement with the Town and the
Town can enforce the replacement of the 15' buffer, as well as any plant
screenings on the lots, if damaged or removed. Mr. Randolph said now is
the time for the Commission to require additional landscaping between
Hidden Harbour Dr. and the homes it they feel it is necessary to create
Omore buffer. Vice -Mayor Stanley asked about an exhibit to the deed
restriction describing what the buffer consists of. Mr. Laudani said
the landscape plan will be the exhibit. Vice -Mayor Stanley said that
any additional landscaping required by the Commission today must then be
added to the landscape plan.
Mr. Grant asked the Commission to allow him and Mr. Randolph to work out
the terms of the deed restriction for the buffer on lots along Hidden
Harbour Dr. He said they are creating a Homeowners' Association that
will be responsible for maintaining the private road and the 15' and 10'
buffer areas, and the individual homeowners will be responsible for
maintaining the landscaping beyond that. Mr. Randolph said as other
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 7
homes and landscape plans come before the Commission, consideration can
be given at that time as to whether or not deed restrictions will be
necessary. He asked if the proposed buffer height will be in place at
the time of planting. Mr. Grant confirmed that saying that the
landscape plan calls for specific vegetation height at planting. Mr.
Laudani suggested that Mr. Randolph require that it be in place when the
final landscape inspection takes place just prior to Certificate of
Occupancy. He said the additional planting next to the canopy are will
C) take place during construction and prior to completion of the homes.
Mrs. Morgan said the deed restriction should include the buffer zone
along AlA. She said vegetation can be destroyed in a storm or by
accident and residents would like to know that what replaces destroyed
vegetation will provide sufficient buffer at planting. Mr. Randolph
said the intent of the deed restriction is to include the landscape plan
as an exhibit and will provide that the owner of the property shall
maintain in place the visual buffer in perpetuity and if an act of God
strikes down one of those trees that property owner will be required to
replace the tree so that the visual buffer remains in place. Mr. Grant
added that the property owner will have to replace it with what was
originally required in the landscape plan, which will be included as the
exhibit to the deed restriction.
Cuppy Kraft of 10 Little Club Rd. asked if there will be restrictions as
to how high property owners can allow their screening vegetation to
grow. For example, she said the Podocarpus Hedge will only be 4' at
planting and does not seem sufficient for screening. Mr. Randolph said
the deed restriction will provide that if the Town Commission feels
there is a break in the buffer and the property owner does not take care
of it, the Town can address it and place a lien on the property. He
said the Commissioners must make a determination today as to whether the
plan meets their satisfaction for screening the property. Commissioner
Anderson suggested including an "at least ". Commissioner Ganger said it
is important for the Commission to consider screening height. Mr.
Randolph said he did not think the Podocarpus was being planted to
screen the house. Mr. Bodker explained that the vegetation will be
tiered and he said the Podocarpus Hedge is the lower tier with some
existing Areca Palms. The next tier of proposed foliage will be planted
at 12' and there will be another tier of taller Alexander Palms behind
that. He said the plant list is on the plans and include the
installation heights.
0 Mrs. Touhey recommended other native vegetation to be used. Mrs. Morgan
said the surrounding neighborhood has more variety of vegetation. Mr.
Bodker said everything he is using in the buffer is native. Mr. Grant
said Mr. Bodker is a licensed landscape architect and has proposed
native vegetation that will provide the best screening, and he asked the
Commission to approve the plan as presented. Commissioner Ganger said
he believes they have presented a good plan and suggested they move on
to make a decision. Mr. O'Boyle commented that each Commissioner voting
for approval should have reviewed the plan and be satisfied with every
aspect and, if not satisfied, they should vote for disapproval. In
addition, he said once Mr. Grant and Mr. Randolph have completed the
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 8
deed restriction, residents should be allowed to review and make
comments at the next meeting.
Mayor Orthwein asked for Commission comments. Vice -Mayor Stanley said
in terms of the house he is satisfied with the plan as presented.
Commissioner Anderson said she would prefer further definition of
screening height and Mayor Orthwein agreed. Commissioner Ganger also
O agreed that the screening height should be
that it be maintained at 6'. Mr. Randolph
a separate motion for the deed restriction
deed restriction will provide. He said it
will be screened in the manor as stated in
can say that the hedge will be maintained
better defined and suggested
said the Commission can make
and he explained what the
can provide that the house
the exhibit attached and it
:o at least 6 feet.
Commissioner Dering moved and Commissioner Ganger seconded to approve
Level III Architectural /Site Plan based on a finding that the proposed
partial two -story single family Bermuda style dwelling, a 3 -car garage
with a bonus room, a total of 8,603 SF, and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. The electric service lines shall be buried.
2. The roof shall be white (through and through) un- textured uncoated
flat cement tile.
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.
4. Wall and /or fences will be measured from the lowest abutting grade
with a maximum height of 6' including any lighting fixtures that may be
attached.
5. All chain link fencing will be screened from neighbor's view.
6. Construction fencing will be erected prior to any work activity.
7. Landscaping, approved as submitted, will provide sufficient
screening from Hidden Harbour Dr., and a deed restriction, as drawn by
Town Attorney John Randolph and Attorney for the Developer Mark Grant,
will apply to ensure the continuation of the buffer.
There was no discussion. All voted AYE.
Mayor Orthwein called for a 5- minute break at 10:50 A.M.
The Public Hearing commenced at 10:55 A.M.
3. An application submitted by Seaside Builders as
agent for Harbor View Estates LLC, owners of property
located at 1230 N. Ocean Blvd., Gulf Stream, Florida,
legally described as Lot 6, Hidden Harbour Estates Plat
Two, being a re -plat of Lots 4, 5 & 6, Golf Course
Addition, Gulf Stream, Florida.
a. NORTH OCEAN BLVD. OVERLAY PERMIT to allow removal of
existing nuisance exotics providing for a 13'
clear zone from the edge of roadway and extensive
planting of native species and installation of a
6'high aluminum rail fence 12' west of the east
property line that will be screened with landscape
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 9
material. ITEM WILL BE HEARD FOLLOWING ITEM
VII.3.B.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an 8,857 square foot Colonial West
Indies style partial two - story, single family
dwelling, attached 2 car garage with 6' high walls
and fences screened with landscape material around
the property, and a swimming pool.
C> Mr. Jones described the proposed house on Lot 6 at the NE corner of the
subdivision as a partial 2 -story Colonial West Indies style dwelling,
providing a variation in design, but with the similar theme of breaking
mass by pulling portions of the structure into other structures all
connected under roof and forming courtyards. He said this house will
have varied roof lines with charcoal gray - colored slate -look flat tile
with gable ends. The second level will have lap siding with a slight
variation in color from the smooth stucco texture below, which is
characteristic of the Colonial West Indies style.
Mr. Jones said he received a letter from Marty Minor of Urban Design
Kilday Studios addressing how they meet the intent of breaking down mass
by alternating the texture of the exterior wall material and variation
of color on the second level, and also by exploring an alternative to
the half -moon feature window and flattening it a bit, as recommended by
Amanda Jones of the ARPB. He said other distinguishing details that
have been incorporated is solid wood overlay over the garage doors, the
solid mahogany front doors, a series of wood brackets and a consistent,
but slightly varied, window design. Mr. Jones said the proposed
landscape design for this lot, though more dense, will be similar to the
landscape design for Lot 4.
Commissioner Ganger asked about the wood on the garage door. Mr. Jones
said it is a metal door with a ," solid skin wood overlay with a Cypress
or Cedar stain. Commissioner Anderson complimented the alternate half -
moon window. Commissioner Ganger said this house has a very unique look
and asked if there are any homes in Gulf Stream with a similar look.
Mr. Jones said the Colonial West Indies style is very popular in South
Florida and there are some in Palm Beach and Delray Beach. Vice -Mayor
Stanley asked about the wall around the front of this property. Mr.
Jones said there is a wall with very heavy landscape vegetation. He
said this house is under contract and they have asked for more
landscaping than typical for privacy purposes. Commissioner Dering
asked if a deed restriction would be required for the north side. Mr.
Randolph said his deed restriction concerns relate to the Hidden Harbour
side, not the north. He said the conditions included in the motion
require the property owner to go back to the ARPB with major
modifications to the landscaping and to the Town Manager with minor
modifications. Commissioner Dering asked if we will require future
homeowners to maintain the 10' buffer on the north side. Mr. Randolph
said only if it is a concern of the Town. Commissioner Dering asked if
there are any landscaping restrictions between the west side of Lot 6
and the east side of Lot 1 where they face each other on the inside of
the property. Mr. Bodker said there are no restrictions on the inside
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 10
of the property. Commissioner Ganger said this landscaping is very lush
and sets the bar pretty high.
Mr. Bodker displayed the west elevation of the house showing a fence
around the property line with a hedge along the fence. He pointed out
the interior spine road coming in off of AlA and turning north where
Royal Poinciana and Live Oak trees will be planted around the property.
Mr. Bodker said it is not a complete buffer there, but it is adequate
�} for the neighborhood on the interior of the property. Mr. Thrasher
asked Mr. Jones to identify the setback of this home from the property
line and from paved edge of road. Mr. Jones said the carriage house is
quite a bit in front of the main structure and the setback from AlA is
87 feet with an additional 15 feet to paved edge of road making it
almost 100 feet.
Nancy Wibblesman, a resident of Gulf Stream, asked if the Developer
could erect a construction fence on the north side of the property to
protect those neighbors. Mr. Laudani said he would be happy to erect
construction fencing along the north side property line. Mrs. Morgan
stated that Mr. Himmelrich, whose house faces south toward this
property, wanted to attend this meeting and had a conflict. On his
behalf, Mrs. Morgan said he would ask for the same courtesy of a deed
restriction to maintain the buffer on his side. Mr. Laudani stated for
the record that he is in the process of meeting with Mr. Himmelrich and
Mr. Elmore to address the issue.
Commissioner Dering moved and Commissioner Anderson seconded to approve
Level III Architectural /Site Plan based on a finding that the proposed
partial two -story single family 8,857 SF Colonial West Indies style
dwelling, attached 2 -car garage, with 6' walls and fences, screened with
landscape material around the property and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Replace the two half -moon windows as shown on the north and south
elevations with the proposed alternative design as presented.
2. The electric service 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.
4. Wall and /or fences will be measured from the lowest abutting grade
with a maximum height of 6' including any lighting fixtures that may be
attached.
5. All chain link fencing will be screened from neighbor's view.
6. Construction fencing will be erected along the north side property
line prior to any work activity.
7. Landscaping, approved as submitted, will provide sufficient
screening along the north side of the property, and a deed restriction,
as drawn by Town Attorney John Randolph and Attorney for the Developer
Mark Grant, will apply to ensure the maintenance of the 10' buffer on
the north side.
There was no discussion. All voted AYE.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 11
For the Record, Mr. Randolph said there will be a deed restriction for
Lot 3 for the landscape buffer to the south along Hidden Harbour Dr. He
said this was a voluntary from the property owner. Mayor Orthwein
called for a motion. Commissioner Dering moved and Commissioner
Anderson seconded to impose a deed restriction for the landscape buffer
to the south along Hidden Harbour Dr., and along the north property line
and the east property line. There was no discussion. All voted AYE.
OMrs. Touhey said the hours of construction have frequently been abused
and she requested that the Town enforce the construction hours are from
8:00 A.M. to 5:00 P.M. The Commissioners agreed that the Town will
enforce the hours of construction.
A. Applications for Development Approval
1. An application submitted by Seaside Builders LLC, as agent
for Harbor View Estates, LLC owners of property located
at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally
described as Lot 5, Hidden Harbour Estates Plat II, Replat
of Golf Course Addn. Lots 4, 5 & N 92' of Lt 6, Gulf
Stream, Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal
of existing nuisance exotics and some native trees
providing for a 13' clear zone from edge of roadway.
Mr. Thrasher said the developer has addressed everything west of the
clear zone with deed restrictions for Lots 4 and 6 and is not required
to present this issue of the clear zone. As a representative of the
Town, Mr. Thrasher said he asked the Developer if he would provide the
sodding, irrigation and landscaping of the clear zone and he agreed to
do so. He said he prepared a simple drawing of the area as it relates
to this property for the Overlay Permit and copies are available.
Mr. Thrasher said the North Ocean Blvd. Permit would cover an area that
is 50' west of the property line, and also running to the other right -
of -way line on the east side of AlA, but he said we are talking about
approximately 651. He said Town Code prohibits a principal structure to
be located in the 50' area from property line west 501, but he said a
minor accessory structure can be placed within 30' of that. Mr.
Thrasher said he is talking about an area that is abutting AlA as it
relates to this property and travels west about 651. He said he
identified the clear zone and modified the distance so that the width of
clear zone is 11' rather than 131. In addition, Mr. Thrasher said he
identified the trees proposed to be cleared to provide for planting of
Australian Pines.
Mr. Thrasher read a section of Special Act obtained by the Town of Gulf
Stream in Chapter 96 -502, HB 1792, which states, "In order to preserve
the historic character and integrity of AIA, and notwithstanding the
provision of Statute 369.251 FS, the Town of Gulf Stream is hereby
authorized to engage in the cultivation of Australian Pine for the
purpose of maintaining the historic character of that portion of AIA
between Pelican Lane and Sea Road." He said since this Act the Town has
placed a condition of approval on every home to allow the planting of
Australian Pines.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 12
Mr. Thrasher said the proposed trees for removal are identified on his
drawing, which he summarized, and he explained the mitigation by the
Developer. He said the Florida Holly, or Brazilian Pepper, is an exotic
invasive species, the Almonds are native and non - invasive. The
Developer agreed to mitigate them in like manner /like size, and has the
option of providing a minimum of a 4" caliper in the proper number of
O replanting of trees to mitigate the entire inches of the Almond Tree.
Mr. Thrasher said after the removal of trees there will be space between
the clear zone and the buffer zone varying in size from 4' on the north
lot to 0' in the middle lot, and then 2' to 3' on the south lot. He
said there will be an area with some native trees and underbrush, the
buffer zone will not be touched, underbrush and 10 trees will remain on
Lot 4, underbrush and 8 trees on Lot 5 and underbrush and 1 tree on Lot
6. Mr. Thrasher said the area to be cleared is 11' from the edge of
road rather than 131, there will be remaining native vegetation a
minimum of 10' from the property line, in some cases extending eastward,
which will provide existing underbrush and trees.
Mayor Orthtwein commented that this information was not given to the
ARPB and that it is a new compromise. Mr. Thrasher said the proposal
sent to the ARPB was a 13' clear zone and this proposal is modified to
an 11' clear zone. Mayor Orthwein said the Town received several
letters concerning this matter and she asked Clerk Taylor to enter the
letters into the record at this time. Clerk Taylor said those who wrote
letters asked that they be read into the record, and she said some are
identical and others are similar.
Clerk Taylor read the following letters into the record:
1. James Neeves, of 11 Hidden Harbour Dr., who is in favor of the
North Ocean Blvd. Overlay Permit and believes it will resolve an
existing safety issue when turning onto AlA from Hidden Harbour Dr.;
2. Tom Smith of 1122 N. Ocean Blvd., a neighbor of the former Spence
Property, who expressed his opposition to the removal of foliage along
AlA saying it will not be in keeping with surrounding properties and it
will accentuate the look of a development. Further, Mr. Smith is
concerned with the preservation of native foliage;
3. Letters from Randy Ely of 3311 Polo Dr. and Wendy Overton of 2525
Pelican Way, both opposed to the removal of native natural foliage
inside the 13' clear zone from the edge of AlA.
4. Barbara Whitaker of 1120 N. Ocean Blvd. asked the Commission to
^� deny the application
developed at 1220 N.
13' clear zone reque
not want the natural
5. Patricia Knobel
that the natural and
will be destroyed.
for the Overlay
Ocean Blvd., or
sted. She added
hammock destroys
of 1255 opposes
native hammock,
Permit for the property being
to approve it without the 11' to
that the neighbors and residents do
mod.
the Overlay Permit due to concerns
which has existed for many years,
Clerk Taylor said the letters from George Elmore of 1320 N. Ocean Blvd.
and Jennifer Morris of 24 Hidden Harbour Dr. are both in opposition of
the Overlay Permit and very similar to the letter from Patricia Knobel,
expressing the same concerns for the preservation of the native
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 13
vegetation and natural hammock. All letters received by the Town
concerning the North Ocean Blvd. Overlay Permit will be filed in the
Official Records of the Town of Gulf Stream.
Commissioner Ganger said a considerable number of Australian Pines exist
on the east side of AlA and if more are planted on the west side it will
eventually create more canopy, but he said it is difficult to visualize
now. He expressed concern that we may weaken the program if we do not
�) plant now. From a legal standpoint, Mr. Randolph said the Town must
look at each case in the future. Mr. Thrasher said the Sea Grapes are
very close to the clear zone and, realistically, they should be removed,
but he said the mature canopy Sea Grapes will be protected. He said the
trees proposed for removal will come out and the Australian Pines will
be planted appropriately. In this program, Mr. Thrasher said almost 100
trees have been planted to date, they are growing and in some cases very
successfully, and he said 40 to 60 trees are proposed for this project.
He said there are no alternatives in the process other than what has
been presented. Mr. Thrasher said it is difficult to visualize what
will it will look like, but the bareness will be gone, and he said we
should take the opportunity presented to us because it may be the last.
Mayor Orthwein said this is a compromise to the proposal presented to
the ARPB and everyone has a better understanding now. She said she
prefers to stand by ARPB recommendations, but to be responsible the ARPB
should be on board with this compromise. Commissioner Ganger said it
would be difficult to vote on this today based on the drawing submitted
by Mr. Thrasher, but he said we should not ignore this opportunity.
Commissioner Dering asked if someone could provide a realistic rendering
of the existing appearance, what it will look like at planting and then
five years later. He said both the Commission and the ARPB should have
an opportunity to see it.
Mayor Orthwein suggested a joint workshop or joint special meeting with
the ARPB. Vice -Mayor Stanley said there are some issues that are not
mentioned in the letters of opposition, such as the area may look too
organized rather than natural. Commissioner Ganger asked if the
Commission and the ARPB can jointly attend a workshop. Mr. Randolph
said they can, but he said it should be a joint special meeting in order
to be able to make decisions. He asked if there was a landscape
architect who would volunteer to do a rendering. Mr. Bodker said he can
do the rendering, but he asked if he could first address some liability
Oissues concerning visibility. He said visibility is a concern at that
corner entering AlA, and AlA it is a DOT Road. DOT visibility is based
on the designated MPH for AlA. Mr. Bodker said if he agrees to do the
rendering he will adhere to all legal aspects of it and will protect DOT
visibility lines, which are 450' to 460' based on 35 MPH.
Mayor Orthwein stated that she wants the public to be informed of the
Joint Special Meeting. Mr. Randolph said the next Commission Meeting is
scheduled for Friday, December 14th at 9:00 A.M. and should be advertised
as a Joint Commission and ARPB Special Meeting. Mr. Bodker said he can
have a rendering prepared in time. Commissioners Dering and Anderson
asked if the information can be ready for distribution one week prior to
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 14
the meeting. Clerk Taylor said the Meeting Notices will go out one week
prior to the Meeting and the public will be welcome to view the
renderings at Town Hall. Vice -Mayor Stanley moved and Commissioner
Anderson seconded to defer the North Ocean Blvd. Overlay Permit request
to a time certain of December 14, 2012 at 9:00 A.M. when the Town
Commission and the ARPB will hold a Joint Commission and ARPB Special
Meeting. There was no discussion. All voted AYE.
4. An application submitted by Benjamin Schreier,
G Affiniti Architects, as Agent for Doris J. Gillman,
the owner of property located at 3333 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described as
Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream,
Florida.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove
existing landscape material and driveway,
install new driveway and landscaping and
construct5 foot perimeter wall with entry gate
within the North Ocean Boulevard Corridor.
b. LAND CLEARING PERMIT to relocate /clear existing
landscaping material for relocation of
driveway, preparation of building site and
property beautification.
C. DEMOLITION PERMIT to remove existing structures.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a 9,036 square foot Colonial West
Indies style partial 2 -stor single family
dwelling, 3 car attached garage and a swimming
pool.
Benjamin Schrier of Affinity Architects introduced himself and stated
that he represents the property owner, Doris Gillman. Mr. Schrier
described the proposed house as a 9,032 SF 2 -story Colonial West Indies
style dwelling with an attached 3 -car garage, a swimming pool, wall and
gate. He said it will have white clapboard siding and stucco, a
concrete tile roof providing a cedar shake appearance with mitered
corners, the window frame will be brown and the body of the house and
the shutters will be white.
Mayor Orthwein asked about the Coconut Palms in the front that are
tagged. The Landscape Architect for the project, Joe Peterson, said the
trees are tagged to be removed and Australian Pines will be planted.
Commissioner Ganger said he understood that the Town received a grant to
Oplant those trees and they could not be removed. Mr. Thrasher asked Mr.
Peterson if any of them are damage or diseased and he said they are not.
Clerk Taylor said they can get approval from the DOT when they apply for
the DOT permit for the driveway.
Vice -Mayor Stanley asked if the gate issue had been resolved. Mr.
Schrier said the ARPB recommended approval of the alternate design,
which is flat across the top, but he said the owners prefer the
originally proposed gate with the elliptical design and he asked the
Commission to consider that. Vice -Mayor Stanley explained that it is
the elliptical design that appears ornate, which is discouraged, but he
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 15
said it does not have to be flat across the top. Commissioner Ganger
commented on another gate issue where the property owner installed a
gate with an ornate - looking family crest, it was not approved and he had
to take it down and replace it at his expense. Mr. Thrasher said if
there are no alternative designs from the original design and that which
was recommended by the ARPB, the Commission should go with the ARPB
recommendation. Commissioner Ganger said the applicant is welcome to go
O back to the ARPB with another alternative design for the gate if they
wish to pursue the matter. Clerk Taylor said the neighbors on each side
of the property were in to see the plans and there were no comments
concerning the gate. She said Mrs. Schwartz had other concerns which
were addressed by the ARPB.
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approval
the North Ocean Boulevard Overlay Permit to allow the removal of
existing landscape material and driveway, install new driveway and
landscaping and construct a 5' perimeter wall with entry gate within the
North Ocean Boulevard Corridor. There was no discussion. All voted
AYE.
Commissioner Dering moved and Vice -Mayor Stanley seconded to approve a
Land Clearing Permit to relocate /clear existing landscaping material for
relocation of driveway, preparation of building site and property
beautification. There was no discussion. All voted AYE.
Commissioner Dering moved and Commissioner Ganger seconded to approve a
Demolition Permit to remove existing structures. There was no
discussion. All voted AYE.
Commissioner Anderson moved and Vice -Mayor Stanley seconded to approve
Level III Architectural /Site Plan based on a finding that the proposed
construction of a 9,036 SF Colonial West Indies style partial 2 -story
single family dwelling, 3 -car attached garage and a swimming pool meet
the minimum intent of the Design Manual and applicable review standards
with the following conditions:
1. The electric service lines shall be buried.
2. 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.
3. Wall and /or fence will be measured from the lowest abutting grade
with a maximum height of B' including any lighting fixtures that may be
attached.
9. All chain link fencing will be screened from neighbor's view.
5. The landscape plan will protect existing Australian Pine Trees
Oand provide a 13' clear zone where possible allowing for the planting by
the Town of two Australian Pine Trees on the south of the existing
driveway entrance and up to eight on the north side of the existing
driveway.
6. Change the proposed gate design to the alternate gate design that
is less ornate. The agent has shown several gates along SR AlA, several
of which are fronting homes classified with Mediterranean style
architecture.
7. The property owner shall give the neighbor to the south 30 days
notice prior to commencement of construction.
There was no discussion. All voted AYE.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 16
Mr. Thrasher made note that beginning December 1St demolition is a
restricted activity in Gulf Stream.
VIII. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
Mr. Brannon said about half of FPLs cost estimates have been received
and they are waiting for their design information. Mayor Orthwein asked
O
how long before we can go to bid. Mr. Brannon said once the designs are
received and the plans are synchronized, the Town can issue RFPs. He
said he would like to go out for bid in November, but they have been
pushing to receive costs and designs. Mayor Orthwein asked about the
cost of lighting along AlA. Mr. Brannon said it will cost about $1.2
million if FPL does the work, which is line with what was expected. He
said the Town will issue an RFP for construction work, giving them more
control over destruction of landscape and hardscape by holding
contractors liable. The Town will have the option of using FPL or a
secured contractor. Mr. Brannon said the Town will issue an RFP for a
Continued Services Contract with a landscape company to clear the areas
for placing transformers and switches.
With regard to switches, Mr. Brannon said FPL called for the standard
switches. He said Vista switches cost about $35,000 more than standard
switches, they are resistant to flooding conditions and are smaller in
size. It will cost about $140,000 to change to Vista Switches, but Mr.
Brannon said he budgeted for Vista switches. Mr. Brannon talked about
salvage value which is the value of materials after useful life that can
be sold, such as copper wire. He mentioned an ordinance he and Mr.
Thrasher discussed which provides that when underground facilities are
available, residents shall convert their facilities to the underground
and all future facilities shall be underground. In addition, he said if
you leave any overhead poles or facilities within the undergrounding
area FPL will take back the (Government Adjustment Factor) GAF waiver,
which comes to about $1 million for this project.
Mr. Brannon said FDOT has a
for providing lighting on a
per year, and he said if we
all of the lights and there
still receiving information
standard is to have a light
Oto at least replace what is
not uniform and he may have
provision that will reimburse a municipality
State Road at the rate of $201.00 per light
use FPL lights the agreement would pay for
will be no cost to the Town. He said he is
on FDOT requirements, but he said the
every 150 feet on each side of the road and
removed. Mr. Brannon said the lighting is
to discuss redistribution with FDOT.
Mrs. Wibblesman asked for the status of laying fiber optics in the
trenches so they can update cable. Mr. Brannon said that Comcast has
come out with new cable and their service has progressed. However, he
said AT &T is trying to figure out what to do with U- Verse, it is still
experimental and they will not commit to installation. Commissioner
Ganger said AT &T said they will abandon all of their landlines and asked
if the Town would be in a position to be obligated to go with Comcast.
Mr. Brannon said most of their resources have moved to wireless.
Regular Meeting and Public Hearing
Town Commission - November 9, 2012 Page 17
Mr. Boardman said there is concern as to what the street lights will
look like. He said he heard it could cost $3,000 per light if we vary
away from the FPL standard lighting to upgrade and he asked if there are
options. Mr. Brannon said the standard issue is the traditional light
on the fiberglass pole or Cobra Head on a concrete pole, there is no
cost for installation and the monthly fee is about $15. He said
upgrading through FPL is very expensive, they charge about 40% plus cost
O to install and there is a monthly fee, which is why almost nobody takes
their premium plan. Mr. Brannon said you can upgrade if you buy,
install and maintain, which runs from $250,000 to $500,000 and this is
the decision the Town has to make.
Commissioner Ganger said the cost for lighting could not be included the
assessment and he asked if the Town wants to spend $500,000 on fancy
lights. He said the Commission will do what is right for the community,
but if lighting is that important to the community our residents should
attend the meetings.
B. Town Manager - No Report
C. Architectural Review & Planning Board
1. Meeting Dates
a. November 15, 2012 at 8:30 A.M.
b. December 27, 2012 @ 8:30 A.M.
c. January 24, 2013 @ 8:30 A.M.
d. February 28, 2013 @ 8:30 A.M.
e. March 28, 2013 @ 8:30 A.M.
f. April 25, 2013 @ 8:30 A.M.
Mayor Orthwein noted the upcoming meeting dates of the ARPB.
D. Finance Director
1. Financial Report for October 2012
2. Optional Format - Financial Report for October 2012
Mr. Thrasher requested that the Financial Report for October be approved
as submitted. Commissioner Dering commented that note payable is not
right, and he said the report does nothing more for him than the last
report. Commissioner Ganger asked when the Town will start to collect
property taxes that were paid by taxpayers on November 30th. Clerk
Taylor said we have received about $2,900 so far and there is a list of
dates when the Town can expect additional payments. She said the
payment due at the end of November will be substantial. Commissioner
Ganger asked if the Town is reimbursed for locates. Mr. Thrasher said
the Town is not reimbursed. Commissioner Ganger moved and Vice -Mayor
Stanley seconded to approve the Financial Report for October 2012.
There was no discussion. All voted AYE.
E. Police Chief
1. Activity for October 2012
Lieutenant Allen requested that the Activity Report for October 2012 be
accepted as submitted. The Report was accepted by the Commission.
Ix. Items for Commission Action.
A. Items by Mayor & Commissioners
There were no items by the Mayor or the Commissioners.
O
Regular Meeting and Public Hearing
Town Commission - November 9, 2012
Page 18
X. Public.
Cuppy Kraft of 10 Little Club Rd. said it is difficult to see the
drawings and renderings displayed by architects during their
presentations. She said it was discussed at an earlier ARPB meeting
about architects making their presentations with some of the newer
technology and she asked about the status of the Town updating their
technology for that purpose. Mayor Orthwein said it is expensive and
this year the Town had to replace their accounting software; however,
she said they will discuss the matter in the future.
Mrs. Kraft said the City of Delray Beach has a new plan for Atlantic
Blvd. at Federal Hwy and she asked the Commission if they would consider
making a recommendation supporting their plan. Mr. Thrasher said it is
a Delray Commission decision. Commissioner Ganger said Gulf Stream
residents could show their support as private citizens. Commissioner
Dering agreed with Mr. Thrasher and Commission Ganger saying it would
not be the Town Commission's place to do so, but he said residents could
show their support as individuals.
XI. Adjournment.
seconded to adjourn
Orthwein adjourned
r
Commissioner
the Meeting.
he Meeting at
Gail °C. Abbale
Administrative Assistant
Dering moved
There was no
1:05 P.M.
and Commissioner Anderson
discussion. Mayor