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HomeMy Public PortalAbout08 14 15 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN �) COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 14, 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. C� 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 K. 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 Ken Weitz Agent for Wamser C) Christopher O'Hare Town Resident Kristine DeHaseth Florida Coalition IV. Minutes of the Regular Meeting of July 10, 2015. Mr. O'Hare stated that the minutes reported that the Town Clerk had requested to add the two Ordinances to the agenda when in fact it was the Town Attorney who requested it. Vice Mayor Ganger moved that the minutes of the meeting of July 10, 2015 be approved as amended and Commissioner Orthwein seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk advised that she neglected to change the time of the September meeting under Item VI. It should read September 11, 2015 at 4:00 P.M. followed by a budget meeting at 5:01 P.M. and that it will Obe corrected on the website. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 11, 2015 @ 4:00 P.M. 2. October 9, 2015 @ 9:00 A.M. O 3. November 13, 2015 @ 9:00 A.M. 4. December 11, 2015 @ 9:00 A.M. 5. January 8, 2016 @ 9:00 A.M. 6. February 12, 2016 @ 9:00 A.M. Town Commission Regular Meeting & Public Hearing August 14, 2015 at 9:00 A.M. OB. Budget Meeting September 11, 2015 @ 5:01 P.M. Commissioner White advised she will not be present for the September 11th meetings and Commissioner Orthwein indicated there is a very small possibility that she also would be absent. VII. Communication from the Public (5 min. maximum) OThere was no comment from the public. VIII. PUBLIC HEARING Mayor Morgan asked if there had been any ex -parte communication and there was none. He then asked that anyone who intended to speak at any time during the public hearing to please stand and be sworn. Mr. Ken Weitz, Agent for Mr.& Mrs. Wamser received the oath. A. Applications for Development Approval 1. An application submitted by Ken Weitz, Vintage Building & Design, as Agent for Mr. & Mrs. Robert A. Wamser, owners of property located at 3541 Polo Drive, Gulf Stream, Florida 33483, legally described as Lot 7, Block 2 in Polo Fields #1 Subdivision. Mr. Weitz explained that the existing structure is a Gulf Stream C) Bermuda style and nothing will be done to change that but they will be adding 2 bedrooms and closet space, a utility room, and replacing an existing awing at the back with a permanent roof to create a loggia. He pointed out that the side setbacks were 10 feet when the home was built and the Special Exceptions will permit these existing non -conforming walls to be extended but they will not encroach into the setbacks any more than the existing walls. Mayor Morgan asked if there had been any comment from the neighbors and the Town Clerk advised that the neighbors on the south side and at the rear had asked for an explanation regarding the Special Exceptions and were also furnished with copies of the drawings. She said they had no problems with the project but that the neighbor on the south was concerned that there be no damage to his Areca plantings that serve as a landscape screen along the south property line. Mrs. Taylor called C) attention to a recommendation from the ARPB that a condition to the approval be added stating that in the event there is any damage, it will be replaced. Mr. Wietz said they will be adding additional landscape material on their side of the south property line to supplement the Arecas. Commissioner White observed that the new additions are shown as having 2 Town Commission Regular Meeting & Public Hearing August 19, 2015 at 9:00 A.M. impact windows and she asked if the existing home has impact windows to which Mr. Weitz replied that there are impact windows in the existing home. In answer to a question from Commissioner Ganger, Mr. Weitz advised they will be repeating the same shutter design that exists. Mayor Morgan noted that the ARPB had also added a condition that when the mechanical equipment is moved, it must be outside the 12 foot setback. a. LAND CLEARING PERMIT to prepare the property for 5 additions to an existing dwelling. Commissioner Stanley moved to approve the Land Clearing Permit, Commissioner Ganger seconded the motion and all voted AYE at roll call. b. SPECIAL EXCEPTION #1 to permit additions to the south side of an existing dwelling that extends an existing non -conforming wall which encroaches approximately 5 ft. into the required 15' south side setback. Commissioner Stanley moved to approve a Special Exception to permit additions to the south side of an existing dwelling that extends an existing non -conforming wall which encroaches approximately 5' into the required 15' south side setback (Section 70-75)). Commissioner Ganger C) seconded the motion and all voted AYE at roll call. c. SPECIAL EXCEPTION #2 to permit an addition to the north east corner of an existing dwelling that extends an existing non -conforming wall which encroaches approximately 5 ft. into the required 15' north side setback. Commissioner Stanley then moved to approve a Special Exception to allow an addition to the north east corner of the existing dwelling that extends an existing non -conforming wall which encroaches approximately 5' into the required 15' north side setback (Section 70-75 (c)), commis- sioner Ganger seconded with all voting AYE at roll call. d. SPECIAL EXCEPTION #3 to permit 3 additions to an existing non -conforming dwelling which extends existing non -conforming walls that encroach approximately 5' into the required 30 ft. combined setback. C) A motion to approve a Special Exception to permit 3 additions to existing non -conforming walls that encroach approximately 5' into the required 30' combined setback (Section 70-75 (c)) was made by Commissioner Stanley with Commissioner Ganger seconding the motion and all voting AYE at roll call. e. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of 5 additions (1,286 square feet), 3 of C which extend existing non -conforming walls that will 3 Town Commission Regular Meeting & Public Hearing August 14, 2015 at 9:00 A.M. Oencroach an additional 5' into the required 15' side setbacks, to an existing non -conforming Gulf Stream Bermuda style, one story, single family dwelling. Commissioner Stanley then moved to approve a Level 3 Architectural/Site Plan Review based on the findings that the proposed construction of 5 additions (1,286 SF), 3 which extend existing non -conforming walls that will encroach an additional 5' into the required 15' side setbacks, to an existing non -conforming Gulf Stream Bermuda style, one story, single family dwelling meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) The electric service lines shall be buried if not already. 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) All landscaping shall be planted on private property only. Any existing landscape materials on Town's Right -of -Way shall be removed and/or transplanted to private property. 4) The relocation of the A/C and pool equipment shall conform to the 12' accessory setback provision in the Code and shall remain on the north side of the property. 5) The Areca plantings along the south property line shall be protected from damage and shall be replaced at the cost of the applicant should n damage occur. Commissioner Ganger seconded the motion and all voted AYE at roll call. IX. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) Mr. Brannon reported that AT&T expect to connect the customers in Phase I to the new underground system by the end of September 2015. With regard to Phase II, FP&L has completed their plan revisions and will send them to Mr. Brannon at once, AT&T has delivered their final requirements to be included in the Town's plans, there are 39 easements yet to be obtained and to date no one has rejected the request, the construction RFP is expected to be advertised in early September with the award of the project in November and beginning construction in January 2016, and the street light demo fixture is back with the manufacturer for modifications to soften the appearance of the light. Commissioners Ganger and Orthwein reported that AT&T and Comcast very often leave their cables running across the top of the ground and they asked if when connecting them to the underground system they will be buried and/or encased. Mr. Brannon stated this is actually not a part of the undergrounding agreement and that this is a matter that each individual user should take up with the companies. He went on to say Othat if the existing service to the house is overhead, it will be buried as a part of this agreement and will be placed in conduit. 51 Town Commission Regular Meeting & Public Hearing August 14, 2015 at 9:00 A.M. OIn answer to a question from Commissioner Stanley, Mr. Brannon suggested that each home owner that has a question with regard to the services to their homes should contact him to discuss their individual situations. B. Town Manager Mr. Thrasher reported that the Budget for 2015/2016 is still in the modification stages and that any changes that may be made are not /1 material and need not be presented at this time. He called attention to �1 the fountain project in front of Town Hall that has just begun and that is now in the permitting and registration of contractors phase. He pointed out that the Town is able to move forward with this project due to donations from the Civic Association and reminded that one of the Associations goals and objectives is to support the beautification of the Town. He went on to advise, unless directed otherwise, he would be working on an RFP for the fire assessment. He said he would draft one, have it reviewed and then send it out as cheaply as possible, making certain that it fits within the currently budgeted funds and see if something develops. He added that there seems to be interest in doing such an evaluation to the point of contributing funds to such a project. Vice Mayor Ganger said he agreed with Mr. Thrasher, that other communities like Gulf Stream are interested and concerned about the future uncertainty in this area. He commented that this is a process in flux and it is unfortunate that money has to be spent on something when what is being supplied is perfectly satisfactory. In answer to a question from Commissioner Stanley, Mr. Thrasher explained that the RFP is for a feasibility study for determining the requirements for establishing a barrier island fire district. C. Architectural Review & Planning Board 1. Meeting Dates a. September 24, 2015 @ 8:30 A.M. b. October 22, 2015 @ 8:30 A.M. c. November 19, 2015 @ 8:30 A.M. d. December 17, 2015 @ 8:30 A.M. e. January 28, 2016 @ 8:30 A.M. f. February 25, 2016 @ 8:30 A.M. g. March 24, 2016 A 8:30 A.M. D. Finance Director O1. Financial Report for July 2015 Commissioner White called attention to a line item in the budget report entitled "Other Contractual Agreements" showing revenue in the amount of $11,974 and questioned the source of this revenue. Mr. Thrasher replied that it is an annual reimbursement for street lighting in Gulf Stream from FDOT. OThere were no further questions and Mayor Morgan declared the report accepted as presented. 5 Town Commission Regular Meeting & Public Hearing August 14, 2015 at 9:00 A.M. O2. Water Usage as of July 31, 2015 There was no comment regarding this report and it was declared accepted as presented by Mayor Morgan. E. Police Chief 1. Activity for July 2015 Chief Ward asked that the July 2015 report be accepted as circulated, Oabsent of any questions. There being no questions, Mayor Morgan declared the report accepted as submitted. X. Items for Commission Action. A. Ordinances. 1. 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(2nd reading) The Town Clerk read Ordinance No. 15/4 by title for adoption. Vice Mayor Ganger pointed out that the amendment regarding finished floor elevation is for the purpose of complying with the FEMA change from NGVD to NAVD. He said there is a good possibility that FEMA may in the future be actually increasing the finished floor elevation due to the recognized rise in sea level which would then require another amendment to reflect that change. He suggested that thought be given to the possibility that someone may, during the period before there are any other changes, want to build higher than the current maximum in view of the rising sea level and how the Town might address this situation. Commissioner Orthwein pointed out that consideration must be given as to the impact on the neighbors and surrounding area. Vice Mayor Ganger said he understood but just intended that this be given some thought for future consideration. Mayor Morgan asked for comments from the Public and Christopher O'Hare was recognized at the podium. Mr. O'Hare stated his back was bothering h'im and he asked if he may sit "over there" where he could also hear Obetter. Mayor Morgan granted his request and Mr. O'Hare seated himself at the Staff table directly in front of the dais. He said he wanted to get on the record as asking what the Commission really intends by this N Town Commission Regular Meeting & Public Hearing August 19, 2015 at 9:00 A.M. OCode as neither he nor his neighbors want to be in violation. He pointed out that Section 1-15, General Penalties states that anyone who violates the Code can face $500 or 60 days in jail and each and every act of a violation is a different violation which is quite a threat. Mr. O'Hare believed it to be a hardship to count gravel as 50% hardscape Othat might impact runoff and other drainage calculations to which Mayor Morgan replied that the Ordinance reads that up to 50% may be counted as open space. Commissioner Stanley stated that these are two different things. One is that you are talking about hardscape and the look, and pervious things on the lot and the other about drainage calculations and retention which is not included in the ordinance. Mr. O'Hare questioned if the restriction to only 25% of the front property line is restricted to 3' tall plantings and does that only apply to what is planted at the front property line or the entire distance from the front property line to the face of the house. Attorney Randolph pointed out that this is designed to assure a somewhat unobstructed view of the front of the house and he did not believe that Oplantings of three feet in height against the front of the house is an obstruction to the house. He believed that anything that was planted between the front property line and the front of the house must be counted in the 25% calculation. He said the calculation is intended to assure a view vista in front of the house. He reminded that when persons are planning to make improvements they usually come to the Town Hall to discuss what they would like to do and there is always someone at Town Hall to interpret the Code and guide them. He went on to correct the statement regarding the application of Section 1-15. This penalty would not apply to Code Enforcement issues. Code Enforcement issues are assigned to be handled in front of a Special Magistrate where you have a chance to correct it and be heard, not in a Court of Law as is covered in Section 1-15. He believed these questions are intended to be handled on a staff level with which Mayor Morgan agreed. Mr. Thrasher stated that none of this discussion covers anything in the Oright-of-way, only private property, and the concept would be to look at it from a street view. Mr. O'Hare pointed out that many houses in Place Au Soleil are on cul-de sacs which results in a narrow front property line as compared to the width of the property where the house is placed. He presented a drawing Othat had actually been approved for 960 Emerald Row LLC but was introduced as 955 Emerald Row and a confirmation of approval letter for 925 Emerald Row dated November 13, 2002. These three documents were 7 Town Commission Regular Meeting & Public Hearing August 19, 2015 at 9:00 A.M. circulated through the Commission and are hereby made a part of the record and these minutes. Mr. O'Hare said that "Open Front Lawns" is being defined to support regulations in the Design Manual that requires development to follow district characteristics, in this case Place Au Soleil. He further said Othat the Town Clerk has repeatedly said that this was all based on a 1995 architectural survey done by Marty Minor wherein it was established that the character of Place Au Soleil is open front lawns. His concern was that the character of the district was established in 1995, not 2015. He said that Google earth in 1995 showed Place Au Soleil to be a wooded neighborhood. He said that he found half of the pictures in the Town's architectural survey would not comply with the definition of what it was in 1995. He further said that Google earth today shows these homes to be heavily wooded. He maintains this ordinance is trying to create something that never existed and does not exist today. He believed that those who live in Place Au Soleil are expressing what they want by the plantings they maintain on their property. He said they do not object to changes because they are a working class of people who are trying to make a living unlike those who live on the other side of town. He next pointed out that there are many corner lots with the front of the homes facing the side streets which dictates the side yards will Oface Avenue Au Soleil, the primary street in the District. He observed it to be inconsistent to have open front yards along Avenue Au Soleil except on a corner where the open front yard is on a side street. He asked that Place Au Soleil be treated like the rest of the Town. He said that property values are 30% lower than Lake Ida and the houses are run down and there is no remodeling in the area. There are many who want their homes to look estate like as those that are in the Core District, he said. He went on to say they are being told that they can't look like the Core because the 1995 Code says they must have this grass only. Mayor Morgan explained that the whole purpose of this was to work with Place Au Soleil to bring the Town Districts together and all of the effort that went into that with the special boards, these ordinances, conversations and invitations to Place Au Soleil residents was with the purpose of addressing concerns of the residents in Place Au Soleil. The Mayor stated that Mr. O'Hare has raised some valid points with regard to landscaping and he was certain that those will be addressed, probably at �J the staff level, as it is important to keep the ordinances as plain and simple as possible. Commissioner Stanley was excused from the meeting at 10:05 A.M. O.Mr. O'Hare raised a number of very minute possibilities that may result from the adoption of this ordinance and was advised that if and when any of these would arise, they would be handled on a case by case basis on a Town Commission Regular Meeting & Public Hearing August 14, 2015 at 9:00 A.M. staff level. It was pointed out that these questions should be addressed during the planning stage. Mr. O'Hare felt this ordinance is being railroaded thru which was denied by Mayor Morgan. OAttorney Randolph reminded that this ordinance has been advertised and people have had ample time to come in to discuss it, but only Mr. O'Hare has felt the need to do so and has been given ample time. He then recommended that the ordinance be adopted. Commissioner Orthwein moved to adopt Ordinance No. 15/4 on second reading and Commissioner Ganger seconded the motion. All of those present voted AYE at roll call. 2. 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(2nd reading) The Town Clerk read Ordinance 15/5 by title only. Kristine DeHaseth from the Florida Coalition was recognized and noted that there is a 5 minute each time limit for the public to speak. She questioned if there is such a limit established for speaking to individual items such as ordinances. Mr. Randolph said that this is dependent upon the Chair as to how much time to allow for discussion on any one item. Mr. O'Hare was again recognized and commented that this is really strange. He said that he had found no mention of Objects D'Art in any of the minutes and did not understand why this is being addressed. Attorney Randolph asked Mr. O'Hare if he objected to the Town removing the Objects D'Art from the Code to which he replied that he still had concerns with it as he is still confused on the subject and he knew if he asked now what is being eliminated, so that everyone knows that this is no longer a violation, he didn't know if he would ever get an answer. Mr. Randolph explained that anyone looking at this section of the Code would see what is prohibited and Objects D'Art is no longer included in Othese prohibitions. E Town Commission Regular Meeting & Public Hearing August 14, 2015 at 9:00 A.M. OMayor Morgan agreed that there is no need to go into what the definition of Objects D'Art is or was in the past. It is not relevant to this discussion. Mr. O'Hare then asked that if this ordinance is approved to make this deletion, will the remainder of this section be enforced. OMayor Morgan reminded that Mr. O'Hare asks the same question at every meeting and the answer is always the same, that the Code is enforced. He added that this ordinance is very clear and there will be no more discussion and that he was just grandstanding. The Mayor acknowledge that Mr. O'Hare had made some valid points with regard to Ordinance No. 15/4 but that he had not heard a legitimate point about Ordinance No. 15/5. Mayor Morgan asked if there were any comments from the Commission There being none, Commissioner Ganger moved to approve Ordinance No. 15/5 on second reading and Commissioner White seconded the motion with all present voting AYE at roll call. B. OPTIONAL -2016 Evaluation & Appraisal Report Town Manager Thrasher explained that the deadline for updating the Town's Comprehensive Plan by submitting an Evaluation and Appraisal Report is July 1, 2016 as established by the State. He further v explained that the updating is optional but if the Town wants to update the work should be started now. Commissioner Orthwein moved not to update the Comprehensive Plan and Commissioner Ganger seconded the motion. All of those present voted AYE at roll call. C. Distribution -Edward Byrne Memorial Justice Assistance Grant Town Manager Thrasher called attention to a letter from the Palm Beach County Criminal Justice Commission that asks for the Towns approval of the allocation of funds from the Justice Assistance Grant funds in the amount of $295,183. He further explained that the Florida Department of Law Enforcement requires that 51% of the local units of government representing at least 51% of the county's population agree on the allocation. Vice Mayor Ganger moved to approve the allocation of the JAG funds as �J requested and Commissioner Orthwein seconded the motion with all present voting AYE at roll call. D. Items by Mayor & Commissioners There were no items from the Mayor or Commissioners. O XI. Adjournment. Mayor Morgan adjourned the meeting at approximately 10:25 A.M. 10 Town Commission Regular Meeting & Public Hearing August 19, 2015 at 9:00 A.M. Rita L. Taylor, To Clerk 1- 11 N N EXHIBIT FROM MR. O'HARE i t TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT In ROBERT W. HOPKINS II WILLIAM A. LYNCH November 13, 2002 Bernard Molyneux 1240 E. Newport Center Drive Deerfield Beach, FL 33442 �� ,: �c• \ Telephone (561) 276.5116 1 s � Fax •ark, ��,, (561)737.0766 Town Manager I '^ ,; WILLIAM H. THRASHER _� •• Town Clerk ' 10264' RITA L. TAYLOR Re: 925 Emerald Row, Gulf Stream, FL Dear Mr. Molyneux: This is to confirm that at the Regular Meeting held by the Town Commission on November S, O 2002, your Level 3 Architectural/Site Plan Review application for the construction of a new 5,536 square feet, two-story Gulf Stream Bermuda style residence with pool, 3 -car garage and new driveway with auto court at the above address was considered. Your requests were approved with the following conditions: 1. Plant material shall screen the third bay of the garage from the road view 2. Accent and landscape lighting installed shalliadhere to sections 70-168 and 70-169 3. The second story eave height shall not exceed 23' in height 4. Landscape material shall be installed on each side of the front entry door 5. Additional landscape material shall be planted so as to soften the west elevation 6. aked ra er tat s s ma a tnc u e on me s 1 e 7. The finished floor elevation shall not exceed +9.80' S. Alternate railing designs shall be provided to the Town Manager for evaluation. If a building permit, including the aforementioned improvements, is not applied for by November 8, 2003, these approvals will expire. OSincerely, Yv e Manboard, CMC Deputy Town Clerk Occ: Randall StofCt, Architect 100 SEA ROAD, GULF STREAM, FLORIDA 33483 n 'gaTiir >'�r 'tiwa; 1 It +� Y 3 ` AD J EXHIBIT FROM MR. O'HARE 1 F i?UD7C.Cf c 1�tU pZ_ E EME br 4a