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.
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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
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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
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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
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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
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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
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