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HomeMy Public PortalAbout01 08 16 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 8, 2016 AT 9:00 C A.M. IN THE WILLIAM F. KOCH, JR. 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. O 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 Marty Minor Town Consultant Danny Brannon Engineer William Wietsma Architect Francisco Perez Architect William Boardman Resident O Anthony Grazziano Resident Martin O'Boyle Resident Christopher O'Hare Resident IV. Minutes of the Regular Meeting of December 11, 2015. Vice Mayor Ganger moved to approve the minutes of December 11, 2015 and Commissioner Orthwein seconded the motion with all voting AYE at the Roll Call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes in the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 12, 2016 @ 9:00 A.M. 2. March 11, 2016 @ 9:00 A.M. 03. April 8, 2016 @ 9:00 A.M. 4. May 13, 2016 @ 9:00 A.M. 5. June 10, 2016 @ 9:00 A.M. 6. July 8, 2016 @ 9:00 A.M. There were no anticipated absences declared. VII. Communication from the Public (5 min. maximum) C) Those speaking were Martin O'Boyle and Christopher O'Hare. VIII. PUBLIC HEARING Town Commission Regular Meeting & Public Hearing January 8, 2016 @ 9:00 A.M. GMayor Morgan asked if there were any ex -parte communications and the Vice Mayor stated he had driven past both locations and the Mayor said that he had attended the ARPB hearing of the 2530 Avenue Au Soleil Application. The Town Clerk then administered the Oath to William Wietsma, Francisco Perez, Martin O'Boyle, and Christopher O'Hare. A. Applications for Development Approval O 1. An application submitted by William Wietsma as Agent for 2530 Avenue Au Soleil LLC, the owners of property located at 2530 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 50 Place Au Soleil Subdivision, Gulf Stream, Florida 33483. Mr. Wietsma explained that the existing structures will be removed and a new home constructed that will comply with the required floor area ratio, all setbacks and everything within the code. He pointed out that the project includes three discouraged items, one being the beam height for the first floor at 11 feet, which is 6 inches higher than what is preferred; the eave height for the second floor is at 23 feet as opposed to 21 feet, which is necessary in order to get the mechanical space to work in and achieve a little additional height for the first floor. He said that while the drawings do not reflect it, the owners have requested that there be no muntin bars on the sliding glass doors in the rear that are under the loggia. He reported that this was discussed at the ARPB meeting and there was no opposition to this request. Mr. Wietsma went on to explain this will be an Anglo Caribbean style structure with a charcoal grey roof and will be painted in cliff side grey. He pointed out that on the front they have extend the first floor to provide a court yard with an outdoor shower with a trellis over the top and it is being considered an un -roofed trellis covered extension of the house. He said this is not attached to any of the side walls and is a part of the house. Vice Mayor Ganger asked if the existing bulkhead will remain as is to which Mr. Wietsma replied they would be replacing the cap and if permitted to do so, would increase the height by 6 inches. The Town Clerk advised that the Place Au Soleil Homeowners Board have reported that they have no objection to this application. Commissioner White asked the size of the glass that will not be divided and Mr. Wietsma said they are approximately 4 feet wide and they will pocket Ointo the wall. Mr. O'Boyle and Mr. O'Hare complimented Mr. Wietsma on the cleanliness of his project sites and his respect for the surrounding neighbors. a. DEMOLITION PERMIT to permit demolition of existing structures. Commissioner Stanley moved to approve the demolition permit and Mrs. O White seconded the motion with all voting AYE at roll call. b. LOT CLEARING PERMIT to permit clearing for new construction. 2 Town Commission Regular Meeting 6 Public Hearing January 8, 2016 @ 9:00 A.M. CCommissioner Stanley moved and Mrs. White seconded to approve the Lot Clearing Permit and all voted AYE at the roll call. c. SPECIAL EXCEPTION to allow 204.3 square feet of covered unenclosed area that exceeds the maximum floor area ratio as per Section 70-72(b)(2). It was moved by Commissioner Stanley that the Special Exception be Oapproved as requested and Commissioner White seconded with all voting AYE at roll call. d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a 5,320 square foot partial two-story, single family, Anglo Caribbean style dwelling, attached 2 car garage and a swimming pool. A motion was made by Commissioner Stanley to approve the Level 3 Architectural/Site Plan based on a finding that the proposed partial two-story single family, Anglo Caribbean style dwelling consisting of 5,320 square feet, attached 2 car garage and a swimming pool meet the minimum intent of the Design Manual and applicable review standards 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) Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be �1 brought to the ARPB for review and approval, prior to commencement of the landscaping. 3) Plans to be submitted to Place Au Soleil Homeowners Association for review and comment prior to Public Hearing to be held by the Town Commission on January 8, 2016 (NOTE: This condition #3 was met). Commissioner White seconded Mr. Stanley's motion and all voted AYE at roll call. 2. An application submitted by Francisco Perez-Azua, Perez Design LLC, as agent for Adrianus and Kristina Ermers, owners of property located at 800 Canary Walk, Gulf Stream, Florida 33483, legally described as Lot 24 and a portion of Lot 30, Place Au Soleil Subdivision. Mr. Perez explained that they are asking to add 1,300 sq. ft. to the lst floor of the existing 1,500 sq. ft. house and a partial second story of 1,173 sq. ft. He further said that they would not be adding to the existing 512 sq. ft. guest house but would be changing the style from Bermuda to a more Spanish style to match the house but they would be adding to the garage to increase its size to 725 sq. ft. Mr. Perez pointed out that the property to the west is zoned commercial and is located in the City of Delray Beach so the views from the second story are directed to the east over the pool which will also be remodeled. He further called attention to 2 sheds that are in disrepair and advised that those will be removed entirely. C) In reply to Commissioner Ganger, Mr. Perez said they will be changing the ceiling heights from 8' to 10' and installing all new windows 3 Town Commission Regular Meeting & Public Hearing January 8, 2016 @ 9:00 A.M. which will be 81. The Town Clerk advised that the Place Au Soleil Homeowners Association has advised that they are pleased with the project. Commissioner White commented that she is very pleased with what is O being planned. a. DEMOLITION PERMIT to demolish certain portions of existing structure and remove two sheds from the property. Commissioner Stanley moved to approve a Demolition Permit to demolish certain portions of existing structure and remove two sheds from the property. The motion was seconded by Commissioner White and all voted AYE at roll call. b. LAND CLEARING PERMIT to clear the area of construction and replace landscape material in certain areas. Commissioner Stanley then moved for approval of a Land Clearing Permit to clear the area of construction and replace landscape material in certain areas and Commissioner White seconded the motion with all voting AYE at the roll call. c. SPECIAL EXCEPTION to permit the addition of a covered walkway that would attach to existing non -conforming structures. A motion to approve a Special Exception to permit the addition of a C� covered walkway that would attach to an existing non -conforming structure was made by Commissioner Stanley with Commissioner White seconding his motion and all voting AYE at the roll call. d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a 3,451 square foot addition, a portion of which is second story, to the existing 3,003 square foot single family, one-story, Modest Mediterranean style dwelling with attached two and one-half car garage and a new swimming pool. A final motion was made by Commissioner Stanley to approve a Level 3 Architectural/Site Plan based on a finding that the proposed 3,451 square foot addition, a portion of which is second story, to the existing 3,003 square foot single family, one-story Modest Mediterranean style dwelling with attached two and one-half car garage and a new swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Prior to the issuance of a Certificate of Occupancy, the owner of the property shall prepare and sign a Gulf Stream Driveway Removal Agreement. 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) Plans to be submitted to Place Au Soleil Homeowners Association for review and comment prior to Public Hearing to be held by the Town Commission on January 8, 2016 (NOTE: This condition #3 was met). Commissioner White seconded the motion and all voted AYE at roll call. E Town Comission Regular Meeting & Public Hearing January 8, 2016 @ 9:00 A.M. IX. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) Mr. Brannon reported the bid period has been extended for 3 weeks to attract additional bidders and Comcast is nearly finished with the re- design of their conduit to accommodate fiber optics. In reply to a question from Commissioner Ganger, Mr. Brannon said with the market as Git is today, the costs will be higher but he believed that budget wise it will be O.K. Mr. Brannon closed by advising that the pre-bid meeting will be held on the 27th of January and final date for accepting bids is currently February 10th, but that could be extended as it is only 3 weeks after the pre-bid meeting which is a very short period. William Boardman, speaking as a resident, asked who is reviewing the plans to make certain the transformers will be placed and/or landscaped to be the least conspicuous, noting that it would appear to have been best to place the ones on Polo in the ally in back of the property. Mr. Brannon said that Florida Power and Light requires that the properties be served from the front and that the individuals granting the easements are individually contacted to discuss the placement and the landscaping on their property. B. Town Manager There was no report from the Town Manager. C� C. Architectural Review & Planning Board 1. Meeting Dates a. January 28, 2016 @ 8:30 A.M. b. February 25, 2016 @ 8:30 A.M. c. March 24, 2016 @ 8:30 A.M. d. April 28, 2016 @ 8:30 A.M. e. May 26, 2016 @ 8:30 A.M. f. June 23, 2016 @ 8:30 A.M. D. Finance Director 1. Financial Report for December 2015 In answer to a question from Commissioner Ganger, Mr. Thrasher said the cash flow is about where he had expected it to be. Commissioner Stanley asked at what point is the transfer of monies from the General Fund to the Water Fund shown to which Mr. Thrasher replied that there is really no need to segregate it or designate it as it is visible on the financials. It becomes a liability in the General Fund and an asset for the utility. E. Police Chief 1. Activity for December 2015 There were no questions and the report was accepted as submitted. X. Items for Commission Action. A. Ordinance No. 15/9; AN ORDINANCE OF THE TOWN COMMISSION OF THE 0 TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE CHAPTER 70 OF THE TOWN CODE OF ORDINANCES, THE GULF STREAM 5 Town Commission Regular Meeting 4 Public Hearing January 8, 2016 @ 9:00 A.M. Cj DESIGN MANUAL, AT ARTICLE IV, SITE DEVELOPMENT REGULATIONS, ELIMINATING SECTION 70-71(c) INCENTIVE.FLOOR AREA RATIO; 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 EAVE HEIGHTS; SECTION 70-101, WINDOWS; SECTION 70-105, GARAGES AND ACCESSORY BUILDINGS; AND o SECTION 70-106, COLOR; AMENDING CHAPTER 70, ARTICLE V, DIVISION 3, GENRAL LANDSCAPE STANDARDS, SECTION 70-148 PRINCIPLES; AND CREATING A NEW SECTION 70-151; APPLICABILIY 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. (lsr reading) The Town Clerk read Ordinance No. 15/9 by title. Attorney Randolph explained that this Ordinance was presented at the last meeting and there coverings" were two questions. One was, what was meant by "window in the section dealing with color on the exterior and that has been modified to make it clear that it deals with color on the exterior of the windows, such as storm shutters or coverings. He said the other question was about whether Schefflera is considered an invasive, exotic species. Mr. Thrasher and Mr. Minor advised that it is listed as such by Palm Beach County and that is why it is listed as "prohibited" in this Ordinance. It was noted here is no amortization period in the Ordinance and this prohibition only applies to new landscaping. Both Christopher O'Hare and Martin O'Boyle voiced comments regarding this Ordinance. Anthony Grazziano, Town Resident, wanted to make clear there are lighting standards in the Code and this Ordinance is just adding to the Code that there must be a permit obtained for any lighting which, of Ocourse, would not violate those existing standards. Commissioner Stanley moved to approve Ordinance No. 15/9 on first reading and Commissioner Ganger seconded the motion with all voting AYE at the roll call. B. Ordinance 16/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, TO AMEND SECTION 66-397, OPEN LAND USES, TO ADD ADDITIONAL LANDSCAPING BUFFER REQUIREMENTS FOR TWO-STORY HOMES WITHIN CERTAIN ZONING DISTRICTS; TO AMEND 5 Town Commission Regular Meeting s Public Hearing January 8, 2016 @ 9:00 A.M. GSECTION 70-73, TWO-STORY STRUCTURES, TO PROVIDE ADDITIONAL SECOND -STORY SETBACKS IN CERRTAIN ZONING DISTRICTS; TO AMEND SECTION 70-74, SETBACKS, TO REFERENCE SECOND -STORY SETBACK CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1ST reading) GTown Clerk Taylor read Ordinance 16/1 by title on first reading. Marty Minor, of Urban Design Kilday Studios, explained that he had been working with the advisory boards to find a way to control the impact on the neighbors when second story construction takes place next to them. He explained that the Ordinance applies to three of the Design Districts that are composed of the smaller lots. This would not apply to Beachfront or Ocean West Districts which are the larger lots, he said. The second floor area is being reduced from 70% of the first floor area to 50% of the first floor area but the overall area of the house, the total FAR of the house does not change, only the shape of the home will change, he said. He further explained that the second floor will be setback from each first -story side elevation, a minimum of 15% of the width of the house. In addition, for new construction or renovation of a second story, trees shall be planted to buffer the full second story, and in no event less than 40 linear feet, along the side yards adjacent to the second story portion of the house with those trees being not less Othan 10 to 12 feet in height at planting and of a variety that will have a crown spread of not less than 20 feet at maturity. In answer to a question from Mayor Morgan, Mr. Minor said there was concern about having a "wedding cake design" but it was determined that this can be controlled by the architects in different ways to some extent, but the benefit of not impacting the neighbor with the second story looming over them over rides this concern. Commissioner White asked if any of the setbacks from the property line to the first story would change and would this ordinance apply to any other buildings such as guest house, etc. She was assured that the original setbacks will not change but the provisions in this ordinance do not apply to anything except the principal structure. Mr. O'Hare felt that these provisions should be applied according to lot sizes, not by Design Districts. OCommissioner Orthwein moved to approve Ordinance No. 16/1 on first reading and Commissioner Ganger seconded the motion with all voting AYE at roll call. C. Resolution No. 15-11; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING A TWO YEAR EXTENSION OF THE NON-EXCLUSIVE PROFESSIONAL MUNICIPAL SURVEYING AND MAPPING SERVICES AGREEMENT FOR O CONTINUING SERVICES BETWEEN THE TOWN OF GULF STREAM AND BETSY 7 Town Comission Regular Meeting 6 Public Hearing January 8, 2016 @ 9:00 A.M. GLINDSAY, INC. DATED MAY 3, 2011; PROVIDING FOR AN EFFECTIVE DATE. The Town Clerk read Resolution 15-11 by title. In answer to a question from Mr. O'Hare, Mr. Thrasher and Mr. Brannon confirmed that the Agreement that is being extended was originally processed and awarded through the RFP process. CVice Mayor Ganger moved to approve Resolution No. 15-11, Commissioner Orthwein seconded the motion and all voted AYE at roll call. D. Extension of Agreement with Betsy Lindsay, Inc. for municipal surveying and mapping services. Vice Mayor Ganger moved to approve the extension of the Agreement with Betsy Lindsey, Inc. and Commissioner Orthwein seconded the motion with all voting AYE at the roll call. E. Proposal to widen Old School Road by adding 2 feet-Anzco Inc. Town Manager Thrasher explained that he ,has a proposal in the amount of $29,785 from the contractor that was awarded the bid for the work at the Place Au Soleil entrance that was well received by everyone. He pointed out that Old School is the narrowest road in the Core and this would be within the paving budget but that it would not include an overlay of the entire road. Mr. Thrasher said that there is other re- paving needed in the town and it is more financially sound to contract for all of it at one time and use the County bid which is based on Olarger quantities of work for the best prices. The Town Manager requested that he be authorized to enter into a purchase agreement with Anzco Inc. to widen Old School Road 2 ft., one foot on each side of the existing pavement, for a cost not to exceed $35,000. Commissioner Ganger moved to approve Mr. Thrasher's request as stated and Commissioner Orthwein seconded his motion with all voting AYE at roll call. F. Proposal for New AMR Water Meters for Place Au Soleil. 1. Purchase meters from Municipal Water Works via Piggy -Back contract -Lee County and Municipal Water Works 2. Purchase meter boxes from Municipal Water Works -Sole Source Provider 3. Installation Cost -Municipal Water Works -Sole Source Provider and/or Waiver Mr. Thrasher explained this project in detail and reminded that this had been included in the last budget for Place Au Soleil in the amount of $65,000. He pointed out that the total cost is shown as $59,579.07 but he is asking to be authorized to move forward with the project at a cost not to exceed $65,000. Commissioner White asked how the project will affect the property Owners and Mr. Thrasher stated there will be a short inconvenience when the water will be turned off while the new meters are being connected and there will be some digging as the new meter boxes are slightly C1 larger than the existing boxes but they will be installed in the same locations. 9 Town Commission Regular Meeting & Public Hearing January B, 2016 @ 9:00 A.M. The Commission felt that this would be a good improvement but wanted to present the project to Place Au Soleil residents through the Place Au Soleil Homeowners Association for their comments. Commissioner Orthwein moved to table this matter until the next meeting on February 12, 2016 in order to inform the Place Au Soleil residents and receive their comment. Commissioner White seconded the motion and all voted AYE at roll call. G. Items by Mayor & Commissioners There were no items from the Mayor or the Commissioners. XI. Adjournment. Mayor Morgan adjourned the meeting at 11:05 A.M. l� Rita L. Taylor Town Clerk O O OJ