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HomeMy Public PortalAbout12/14/2012 * Joint Meeting of the Town Commission & the ARPBA JOINT MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM HELD ON FRIDAY, DECEMBER 14, 2012 AT 9:00 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Orthwein called the Meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Joan K. Orthwein Mayor Participating Tom Stanley Vice -Mayor Muriel Anderson Commissioner W. Garrett Dering Commissioner Robert W. Ganger Commissioner ARPB Members Present and Scott Morgan Chairman Participating Amanda Jones Vice -Chairman Malcolm Murphy Board Member Paul Lyons Board Member Tom Smith Board Member Also Present Ann Aker Alt. Member Absent w/Notice Beau Delafield Alt. Member Also Present and William Thrasher Town Manager Participating Rita Taylor Town Clerk John Randolph Town Attorney Garrett Ward Police Chief Dave Bodker of Dave Landscape Arch. Bodker Landscaping Mayor Orthwein announced that this meeting is continued from November 9, 2012 and that it is a Joint Meeting of the Town Commission and the Architectural Review and Planning Board. IV. PUBLIC HEARING (Continued from November 9, 2012) A. Applications for Development Approval 1. Applications submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220, 1224 and 1230 North Ocean Blvd, Gulf Stream, Florida legally described as Lots 4, 5 and 6 Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lts 4, 5, & N 92' of Lot 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD PERMITS covering the AIA right-of-way adjacent to these three lots to allow removal of existing nuisance exotics and some native trees to provide for an 11' clear zone from edge of roadway for the planting of Australian pine trees by the Town and the replanting of some native species. Dave Bodker, Landscape Architect, introduced himself and said, at the Town's request, he will present a schematic plan that indicates the 11 - foot area to be cleared along AlA at the Harbor View property. He said the purpose of the 11 -foot clear area is to enable the Town to plant Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 2 Australian Pines as part of their streetscape program, and he said the developer of Harbor View Estates has agreed to clear, irrigate and sod the area if the Town would like him to do so. Mr. Bodker referred to the schematic plan, which was included in the Commission and ARPB Meeting packets, and explained that the area to be cleared is designated by the pink line running across, the area in green indicates DOT safe visibility lines, which are in line with the area to be cleared, and the heavy black line indicates the Harbor View property line. He said neither the 11 -foot clear area nor the visibility lines encroach on the private property. Mr. Bodker summarized the species of the 14 trees marked for removal, explaining that the blue rea indicates the low shrub vegetation which needs to be removed to create the 11 -foot clear area, and said the 11 -foot clear area is contained in the DOT right-of-way. He noted that, based on the 35 MPH speed limit on AlA in this area, an 18' recovery zone is required by the DOT, but a reduction in width can be requested by the Town. Mr. Bodker said the trees indicated by heavy black dash lines are existing and will remain on the site, and he said 29 of them will have some impact on visibility. In addition to these trees, Mr. Bodker described the vegetation included in the landscape package for Lots 6 and 4, saying it will enhance the landscape buffer beyond the private property and will include plant material in front of the walls. In closing, Mr. Bodker said the artist's rendering attempts to illustrate what the stretch of AlA will look like if the 11 -foot area is cleared, sodded and planted with Australian Pines. ARPB Chairman Scott Morgan asked, if nothing is done and Australian Pines are not planted, will the stretch along AlA in front of these three properties be altered at all. He also asked if the Town is required to remove some of the trees and scrub regardless of today's decision. Mr. Bodker said what is left on the site exceeds the 10' buffer that was agreed to, it is not their intention to take it out and it does not impact the houses. He said they will under -plant and add trees as mentioned earlier. ARPB Chairman Morgan asked what trees will be removed and Mr. Bodker said he was not sure how to answer because the DOT safety lines may come into play. ARPB Member Tom Smith asked how the trees to be removed are marked. Mr. Bodker said they are indicated by a black dot with an "X" through it and they are also labeled in red as to their species and size. Commissioner Ganger asked Mr. Morgan to clarify his question. Mr. �l Morgan asked, if Australian Pines are not planted as proposed would this `. area along AlA be altered by tree removal due to either right-of-way or visibility issues, or will it remain as it exists? He said his concern is removing a lot of trees unnecessarily if the Town does not move forward with planting the Australian Pines. Mr. Randolph said the Town is not obligated to remove exotics from the right-of-way. County Code relates to redevelopment of property and the responsibility of the property owner to remove exotics when they redevelop. He said the Town is not required to remove exotics if they do not plant Australian Pines, except for the issues discussed such as the visibility issue and the undergrounding project. Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 3 ARPB Member Paul Lyons asked if the DOT can elect to remove the exotics and if there is probability of that. Mr. Randolph said the DOT most likely does not care as long as site visibility triangles are not creating problems. Commissioner Ganger said change is almost inevitable and the question is do we control it or someone else. Commissioner Dering said there is a visibility issue coming out of Hidden Harbour and it should be addressed, and Commissioner Anderson confirmed that saying she was recently on the site and visibility is blocked. Mr. Lyons commented that removing only a few trees would solve the visibility issue. Commissioner Dering said he understood, by State Law, that if you tried to correct visibility you would have to clear the entire area. Mr. Bodker confirmed that and said the DOT would like you to see 400 feet down the road. He said when a site plan like this goes through the process the engineer will comment that it must comply with all DOT safety requirements. On behalf of the Commission, the ARPB and Staff, Mr. Thrasher thanked Mr. Bodker for his assistance with this matter. He said Mr. Bodker volunteered his time to gather information for this meeting and it was not an easy task. Mr. Thrasher said the Town's visibility triangle is only 15' and the green area on the plan is the visibility area to be cleared. He said the DOT Green Book Standard for a clear zone is 18 feet and he noted Mr. Bodker's comment that the Town can request a reduction in width from the DOT. Mr. Thrasher said, in gathering information from the DOT, they indicated to him that if the Town would like an 11 -foot clear zone they must file for a variance. He said the Town engaged their long-time Arborist, Way Hoyt, a landscape architect and a traffic engineer, Mr. Hoyt and his associate, Mr. Ranspach, observed the site over the weekend and the Town is now in the process of completing the required DOT paperwork. Mr. Thrasher said this affects the entire Town and the planting of Australian Pines going forward. Clerk Taylor read the letter from Way Hoyt into the record and it will be filed in the Official Records of the Town. Mr. Thrasher commented that he was told many times in the past that this program takes high priority. For those who may not be aware, he said in cooperation with FP&L the Town has Mr. Hoyt inspect every Australian Pine along AlA once a year and he applies a growth inhibitor to reduce height and promote the sprouting of green branches at lower levels. Mr. Thrasher noted that the product Mr. Hoyt uses costs $750.00 per gallon. Mayor Orthwein asked Commissioner Ganger to give a brief history of the Australian Pines. Commissioner Ganger said the Audobon Society, which was once a major benefactor of the Florida Coalition, recognized that the Australian Pines provided environmental protection to certain species of birds that South Florida wanted to keep around. He said the Spaniards brought cattle over with them in the 1800s and set the cattle free when they left. The Australian Pines were brought in by the Dept. of Agriculture in the 1800s because they grow quickly and would provide shade for an emerging cattle industry. Commissioner Ganger said Addison Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 4 Mizner brought the Australian Pines to Gulf Stream when building the Gulf Stream Golf Club and, because they grow so fast, by the 1920's they were already mature and started to create the canopy. Then, in 1991 the DOT was planning to remove them and the Gulf Stream Civic Association donated $5,000 to "Save Our Trees." He said people demonstrated and some actually tied themselves to the trees. Congressman Mark Foley C supported the movement, he got 300 signatures on a petition and sponsored a Bill in Congress to protect the Australian Pines. As a result, the trees were saved and the trees saved the Town from the roads being widened by the DOT. Commissioner Ganger said the Australian Pines are a part of Gulf Stream's Brand, the canopy must be preserved and enhanced whenever possible. He said he recently spoke to George Elmore at a gathering and Mr. Elmore said he supports the program. Commissioner Daring asked if the State can require an 18 -foot clear zone if we do nothing. Mr. Thrasher said they could. Commissioner Dering said to clear the area for safety purposes we would we have to clear the area in Green by State Law, and he asked Mr. Thrasher if it would have to go to 18 feet. Mr. Thrasher said no. He explained saying the Ice Tea Grant and everything else is at 11' and, for conformity and consistency, we will apply for the variance to request the 11' clear zone. The DOT right-of-way stops about 12' from edge of pavement and beyond that it is private property. The published clear zone for the DOT Green Book is 18' and the Town will have to get permission to plant at only 111. Mr. Thrasher said for any other project of this nature, the planting of trees would have to be at least 18' from DOT travel lanes. He said the DOT representatives indicated that in order to get the 11' clear zone the exotics must be removed. The Town is applying for a variance and the DOT can turn us down. Mr. Lyons asked Mr. Thrasher what the Town will do with regard to the letter about the safety issue. Mr. Thrasher said the Town will do nothing because it is private property that does not belong to the Town. Commissioner Dering said everyone agrees there is a safety issue and obligation should be addressed. Mr. Randolph said if we are talking about the site visibility triangle relating to private property and the issue is not due to Town planting or right-of-way, there is no liability for the Town. He said the Town can look at it and advise the property owner. Commissioner Daring asked if the State has a responsibility there and Mr. Randolph said it is the responsibility of the private property owner and, if it is in the State's right-of-way it would be the State's responsibility. Mr. Smith expressed concern that trees from 8' to 30' high will be removed and replaced with 7' high Australian Pines. He recommends leaving more of the existing vegetation and then plant Australian Pines in the 10' landscape buffer. Mr. Bodker said 14 trees are tagged to be removed, along with shrubs, including a Ficus hedge which is eaten by White Fly. Mr. Thrasher said the 10' buffer is private property and the Town has no jurisdiction to plant Australian Pines on private property. Mayor Orthwein said they must be planted in the DOT right-of-way. Mr. Morgan said he did not see that in the documentation provided. Joint Meeting of the Architectural Review December 14, 2012 Town Commission and the And Planning Board Page 5 Mr. Morgan said the residents do not want to lose the natural hammock, the timing is wrong for this, and he said he it seems as though this is being done in a way that is almost unanimously opposed by the neighbors living nearby. Everyone loves the Australian Pines, but he said to plant them as proposed upsets the natural hammock, which has been there for over 50 years. He said this should have been proposed when the plat subdivision was provided and the overall landscaping design was debated, negotiated and approved. Mr. Morgan said Hidden Harbour was directed to work with the developer to come up with a plan that would be consistent with the neighborhood, which they did, and he said the canopy along AlA and Hidden Harbour was the Seminole part of the agreement. He said now there is this proposal to alter the canopy and plant Australian Pines. Mr. Morgan asked if there is a way to plant the Australian Pines and preserve the canopy. Mr. Thrasher said the subdivision plat language speaks of the canopy on the south property line of this development only and does not refer to the canopy along AlA. He said this would only affect what is in the 11 - foot area and behind the 11 -foot clear zone is private property with natural foliage which will remain. Commissioner Dering asked if the Australian Pines would grow if they go in 11 feet and plant them in what is there rather than removing anything. Mr. Thrasher said, in his opinion, the answer is no. He said he has been to the area and tried to figure out how to make what Commissioner Dering is suggesting work. Mayor Orthwein pointed out that there are about 300 shrubs that are going to be planted through the area also. Mr. Morgan commented that the proposed planting of the Pines seems very regimented. Commissioner Dering agreed that if it was less regimented it would appear more natural. Commissioner Stanley asked if it is possible to leave the vegetation and some trees in the 11' clear zone and plant the Australian Pines in an unregimented manner. Mr. Bodker said the Australian Pines cannot be planted in the regimented manner to achieve the look suggested. He said the plan is to remove some trees and vegetation and replace with all native trees of varied species and under -plantings, the plantings will fill in the gaps, and whatever is taken out will not impact the screening of property. Commissioner Dering asked what this will look like three years from now. Mr. Bodker said the Australian Pines depicted are huge, but it was just �j a graphic they found that could be superimposed on the rendering. He said these trees grow so quickly. Mr. Thrasher said, on his word, this project will not be sparse -looking when finished. He said there will be 10 feet of buffer, untouched, and immediately behind that is a landscape plan which is deed restricted and you will not see a wall. Commissioner Dering asked if more shrubs can be planted in front of the Australian Pines. Clerk Taylor said we have to consider the utilities. Mr. Brannon said there will be no surface destruction during the undergrounding. Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 6 Commissioner Anderson asked about the photos on display and Mr. Morgan explained that those were provided by Mrs. Morgan at the last ARPB Meeting. He said the purpose was to show photographing from the South by Mr. Smith's home and north to the Gulf Course. Mr. Morgan said there are no Australian Pines until you get to the Golf Course, and then there is a clump of them on the east side that were recently planted. Mayor Orthwein said that homes were purchased on the other side and they will C) plant Australian Pines, and she said the Knobels have some also. She said some of the buffer area is in bad shape right now and it should be cleaned, and she said this project will eventually create another canopy area. Mr. Morgan asked Mayor Orthwein if she liked the regimented look or should it be more staggered. Commissioner Dering asked if the Pines were planted in a less regimented manner, and planted in what is there, would they grow through it. Mr. Bodker said they would. Mr. Thrasher said it will not create a canopy look if they are clumped and not regimented, and he said he did not believe what is being suggested will work. Mr. Lyons asked if the planting could be done over time in an evolutionary manner. Mayor Orthwein said this will happen over time because the Town is not capable of growing that many trees at once. She said we have to agree on whether or not we are going to clean up the area, under -plant and try to keep the canopy affect, and whether they are soldiers lined up or staggared, the thought is to proceed with Australian Pines in this area. Commissioner Ganger agreed, and he said we intend to make the Australian Pine our signature tree along our AlA Corridor from one end of Town to the other. He said that is a strategic decision and if anyone disagrees with that they should say something. Commissioner Ganger said if we make a decision today, that is the decision we are making. Mr. Bodker said if they are staggered, they must be behind the 11 -foot clear zone and there is still the safety issue from the DOT and the Town must take heed of that. Commissioner Dering said we should just plant the trees in what is there. Mayor Orthwein said all we are proposing is to take out the dead and bad vegetation and replace it with native vegetation and Pine Trees. She said when we do that it will temporarily create some bare openings, but there is Ficus in there that is practically dead from White Fly and it should come out. Commissioner Stanley asked if there are conditions of approval on the D-4 and suggested considering that before deciding on how we want to plant the Australian Pines. Mr. Thrasher said the only condition he knows of is that the exotics must be removed. Commissioner Ganger said we have an obligation to the people of the Community to know what we are doing, and.he said it is not a plan to just plunk a tree in now and then. He said it is debatable as to whether they are planted in a regimented manner or staggered. Commissioner Ganger said we should say that this will be predominantly Australian Pine along this Corridor and that we will plant them expeditiously and when we have them and when there is a need for them. Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 7 Mayor Orthwein asked Mr. Morgan if he is suggesting a less regimented look and Mr. Morgan confirmed that. Mayor Orthwein said we can go in and clean the area, make it lush and plant in a less regimented manner. She asked Mr. Bodker if it is possible to go forward with planting the Australian Pines and leave some of the Brazilian Pepper there. Mr. Bodker said the DOT may make us remove the invasive species. Mr. Morgan said the Town has the statutory right to maintain the Australian Pines look and asked if the Town is required to go to the State when they want to plant Australian Pines, or can Gulf Stream maintain their canopy by planting Australian Pines already under statutory authorization. Mr. Thrasher explained that he was asked to provide documentation of the clear zone green book and he asked the DOT Representative to provide the information. The information provided was that the clear zone is 18 feet. Mr. Randolph asked why we cannot plant Australian Pines within the existing canopy, and he said this is an issue that can be decided upon today and if the DOT insists on 18 feet we can come back for further discussion. Mr. Randolph said the only reason this is before you today is because the developer has agreed to clear, sod and irrigate the area and they may not want to do that with the suggested scenario. Commissioner Dering asked how long it will take to get a decision from the DOT. Mr. Thrasher said the meeting with the DOT is scheduled for December 20th and he has no idea what will be required after that. Commissioner Ganger asked if it would be better to make this decision today with the consensus of the Commission and the ARPB that we plan to continue to plant Australian Pines where legal and allow the hammock to remain to the best of our ability. Mr. Randolph said it sounds as though that is the consensus. Mr. Bodker said whatever decision is made, the area within the visibility lines in the public right-of-way that are adjacent to the property should still be cleared. Clerk Taylor said the problem is that this is a part of the North Ocean Boulevard Overlay which has not yet been approved. Mr. Randolph said there seems to be a consensus, suggested making a motion with the condition of approval that to the extent possible the canopy will be left as it exists and under -plant with Australian Pines. Clerk Taylor said it would need to finish the portion of the North Ocean Boulevard Overlay that is in the DOT Right -of -Way adjacent to the three lots. Mr. Bodker asked, if there is a motion in place saying the trees in the visibility lines will remain, what will be done if the visibility issue comes into play. Mr. Randolph said we would have to address it at that time. Commissioner Daring moved and Commissioner Ganger seconded to approve the North Ocean Boulevard Overlay Permit with the condition that, to the extent possible, the canopy will be left as is and it will be under - planted with Australian Pines in a staggered manner with a replant of some native species, provided this meets the requirements of the State of Florida. Mr. Randolph said the meeting with the DOT takes place on December 20, 2012 and, if necessary, the Commission can come back to this issue for Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 8 further discussion if it does not meet DOT requirements. Commissioner Dering asked why a variance is necessary. Mayor Orthwein said it is because of the new requirements which call for an 18 -foot clear zone. There was no further discussion. All voted AYE. V. Public. There were no comments from the Public. VI Adjournment. The Meeting was adjourned at 10:50 A.M. 0 ail C. Abbale Administrative Assistant