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