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HomeMy Public PortalAbout03/26/2014N CHAIRMAN: COMMITTEE MEMBER: William Boardman Richard Mouw Patricia Randolph Benjamin Schreier March 21, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, MARCH 26, 2014 AT 8:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PTe50181i I. Call to Order. II. Roll Call. III. Minutes A. Meeting of February 13,2014 B. Meeting of February 28, 2014 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting a. April 9, 2014 @ 8:00 A.M. b. April 23, 2014 @ 8:00 A.M. VI. Communication from the Public (3 min. maximum) VII. Items to be considered at this meeting. A. Consider Establishment of Waivers B. Setbacks for Mechanical Equipment Sec. 70- 51(4) &Sec.70 -74 C. Fence Heights & Materials Sec. 70 -187 6. & 7. D. Installation of Sidewalks & Pathways VIII. Items by Staff. IX. Items by Committee Members. X. Adjournment. JSHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD HOC COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA, ON WEDNESDAY, MARCH 26, 2014, AT 8:00 A.M. IN THE COMAIISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:05 A.M. II. ROLL CALL: Present and Participating Absent w /notice Also Present and Participating William Boardman Richard Mouw Patricia Randolph Benjamin Schreier William H. Thrasher Rica L. Taylor Christopher O'Hare Chairman Committee Member Committee Member Committee Member Town Manager Town Clerk Resident Chairman Boardman inquired if there have been any contacts with regard to a selection of a Committee Member with landscaping experience. Town Clerk Taylor reported that there have been a couple of contacts made and the Town is waiting for their response, which she hopes to receive by the next Commission Meeting, April 11'x, as they make that appointment. III. MINUTES: A. Meeting of February 13, 2014 B. Meeting of February 28, 2014 Committee Member Mouw moved and Committee Member Randolph seconded the approval of the February 13, 2014 Minutes. All voted AYE. Chairman Boardman stated in reference to the minutes of February 28, 2014, that he would add at the end of the first sentence, second paragraph of VI. Communication from the Public "At the ARPB ". Committee Member Mouw moved and Committee Member Randolph seconded the approval of the amended February 28, 2014 Minutes. All voted AYE. IV. ADDITIONS WITHDRAWALS DEFERRALS ARRANGEMENT OF AGENDA ITEMS• There were none. V. ANNOUNCEMENTS: A. Meeting Dates 1. Regular Meetings a. April 9, 2014 @ 8:00 A.M. b. April 23, 2014 @ 8:00 A.M. Chairman Boardman announced the upcoming meeting dates. Town Clerk Taylor read the Ad Hoc Committee Meeting Decorum. Ad II,x Ahcnnb / March 26,2)114 I VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM): Christopher O'Hare stated that he had issues with the waivers discussion at the last Ad Hoc Committee Meeting. He continued that waivers are in effect at present, and that at many times when issues arc prohibited in the code, they are approved. Mr. O'Hare further commented that the Town's Commission passes rules that are basically in the basement of the legal system. He continued that when a waiver is issued, the law is being violated in the attic. Mr. O'Hare stated that the Supreme Court states that laws have to be clear and not vague. He further stated that the Ad Hoc Committee was formed to reform the code, but rather it is a means to approve prior behavior. Mr. O'Hare added you have to ask yourselves "Are waivers a good idea for this Town ". VII. ITEMS TO BE CONSIDERED AT THIS MEETING: A. Consider Establishment of Waivers Chairman Boardman referred to Town Counsel Randolph's requirements for granting a waiver: 1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. 2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. 5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of the design elements within the structure. Chairman Boardman stated that waivers should be granted by the ARPB and not the Town Manager. He continued that if the ARPB turns down a request, it would then be referred to the Commission. Town Manager Thrasher reported that the ARPB is a recommending body, and the normal flow would have the request go to the Commission, for a decision. Committee Member Mouw referred to the list stating that it gives some derail perspective to the process. Town Clerk Taylor reported that the waivers, in everyone's opinion, would only apply to the Design Manual. She continued that it would have nothing to do with setbacks, or lot coverage. Chairman Boardman referred to the overlap in the Design Manual under Section 66. Town Manager Thrasher stated that it is important to identify certain sections with regard to setbacks in Section 70 -296. He continued that in Section 70 -296 there are glossary terms, and in Section 70 -297 there are procedures defining what activities are further required. Town Manager Thrasher stated that some thought should be given to where it should stop. He stated that in Section 72 -97 deals with the Chart of Review. Chairman Boardman commented that when the final draft of the Ad Hoc Committee's recommendations is prepared, the waiver process should be made simpler in Section 70. Ad 1Lx Nk nng March 26, 2:114 Town Clerk Taylor stated that once the Ad Hoc Committee holds their last meeting, there will be a final list of all recommendations put together in one package, and that will be sent to the ARPB. Chairman Boardman stated that when the criteria is listed, there should be clear language that it is not a waiver of right that these criteria are met. He continued that in making a decision it is in their absolute discretion. Committee Member Mottw commented that there has to be deniability as other issues arise, and there has to be a way out. Committee Member Randolph inquired how as to how that would be stated. Chairman Boardman responded that a lawyer should write the sentence: Notwithstanding the Above. The ARPB should have the absolute discretion to decide when and when not to grant waivers. Town Manager Thrasher inquired whether the Ad Hoc Committee should review waiver fees. Chairman Boardman stated that someone else should make that decision. Town Clerk Taylor also stated that it should not be an Ad Hoc Committee decisions. She also reported that the fees are in accordance with the fees charged by other municipalities. Committee Member Mouw moved and Committee Member Randolph seconded to recommend the approval of the concept of waivers along the guidelines of the following:: 1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. I The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. 3. The waiver, if granted, will be compatible with other design elements of the structure. 4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. 5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of the design elements within the structure. G. When to and when not to grant the waiver shall be at the absolute discretion of the ARPB. All voted AYE. B. Setbacks for Mechanical Equipment Sec. 70 -51 (4) & Sec. 70 -74 Chairman Boardman referred to the rear and side setbacks particularly in the cote and Place Au Soleil. He continued describing the equipment, e.g, pool heaters, pool pumps and generators. Town Manager Thrasher stated that in Code Section 22 there is a special section with regard to generators, which provides an exception for a dba of 66 or less that they can go closer to the setback. Ad 11" Nlm�g March 26, 3114 Chairman Boardman reported that they can go less than 12 feet on the side if they have a smaller dba. Town Clerk Taylor agreed and stated if they build a special case around it to lower it to lesser dbs than what would be required if they met the accessory setback line. Town Manager Thrasher read the Code Section on accessory setbacks. He also addressed the issue of the challenges in the north south districts, and not in the core and Place Au Solell districts although the language applies to all sections of the Town. Town Manager Thrasher stated that all accessory setbacks apply to all sides; front, rear and sides. Town Clerk Taylor repeated that you can lower the dbs by different methods. Town Manager Thrasher stated that the product approval sheets are used with regard to the Abatement of Notice. He continued that residents could alter the dba by sound reducer systems, which is done at the factory level. Town Manager Thrasher also reported that the Staff does not test any systems. Committee Member Mouw inquired regarding a setback going from 30' to 7' on the front and stated that it seemed odd to be in the front and not on the side. Town Manager Thrasher stated that some existing homes are challenged on the side and rear, and the only reasonable location for their accessories is in the front. Town Clerk Taylor reported that they have to be screened. Chairman Boardman gave an example if there was a location in the back, front and the side, all of which were acceptable, he inquired if the front can be the fast choice. Committee Member Mouw stated that would create some concern. Town Manager Thrasher responded if it is not seen or heard, and it is in a manicured location, that would seem to resolve the concern. Chairman Boardman continued that the front is the least objectionable noise -wise to the neighbors. He continued discussing the issue of bunching all the accessories in the rear, which faces the house behind it. Chairman Boardman suggested the possible adoption of a special exception category which would state you cannot locate your accessories any closer to the rear property line than it is to your home. Town Manager Thrasher stated that there are special exceptions for smaller lots. Chairman Boardman reported that 20,000 sf lots allow a resident to have a generator in the back of their property, as long as it is as close to the house, as it is to the back of their property. He continued that the resident cannot transport their problem to their neighbor. Ad I Im Nlmt,ng March 26. 3114 Town Manager Thrasher inquired if Chairman Boardman would want new language for large lots. Chairman Boardman asked how many lots in die core district and Place Au Soled arc smaller than 20,000 sq. Town Manager Thrasher stated he did not know that answer, and referred to Code Book Section 70 -74 (B) Special General Setbacks which relates to distances and positions of accessory structures. Chairman Boardman inquired if bunching setbacks were greater. Town Manager Thrasher stated that bunching is a negative aesthetic feature, and there is language that does not allow all minor accessories in one location. Committee Member Mouw stated that would be a difficult issue to verbalize to Town residents. Town Manager Thrasher commented that any language created or proposed could limit the design of the home, as builders' theme is symmetry. Chairman Boardman stated that if the accessories were taken out of the backyard and put in the side yard, it would give a full view of property. Town Clerk Taylor suggested leaving the accessory setback line as it is, and require the equipment to either be placed out of that area or midway between the property line and the principle structure, whichever is the greater distance from the property line. Chairman Boardman stated there is no easy solution. He continued the best place, in a neighborly point of view, is in the middle of the house, on the side. Town Manager Thrasher stated he was not comfortable with the middle of the house location, and felt that the Town maybe challenged with that location. Chairman Boardman suggested that 3251 Polo Drive should have a site visit regarding their bunching issues involved with their renovations. Town Manager Thrasher described the procedure for the Ad Hoc Committee to do a site visit. Chairman Boardman suggested pictures being taken, and brought to the nest Ad Hoc Meeting. All agreed. Town Clerk Taylor stated that the pictures can also be a matter of record. Ad Iloe Mwrng March 26, 304 C.. Fence Heights & Materials Sec. 70 -187 6. & 7. Chairman Boardman inquired regarding the issue of the original 6' maximum height of fences changing in 2010 to 4' maximum fence height. He continued that fences were divided in two (2) categories; those visible from the street and those not visible from the street. Chairman Boardman stated that the ones not visible from the street would allow 6' high fences in the backyard, except near the Intracoastal. He further stated that he read this in Code Section 70 -187, in walls and fences, and that fences over 6' are discouraged. Town Manager Thrasher responded that this was correct. He continued that it was applicable to the following districts: Place Au Soled, north /south, and Gulf Stream Core. Chairman Boardman inquired why there were letters received from Place Au Soled residents requesting 6' fences in front. Town Manager Thrasher reported that Place Au Soled's fences over 4' visible from the roadway are prohibited, and fences from the core over 4' are also prohibited from the roadway. Town Clerk Taylor stated that all fences with the exception of aluminum rail shall be screened by Landscape. Town Manager Thrasher stated that there are differences and questioned if they were created for a reason or a purpose. He inquired from Town Clerk Taylor as to why there were these changes. Town Clerk Taylor stated that she would obtain the dates from the Ordinances and research the minutes. Town Manager Thrasher reported that somewhere in Section 70 -187 there were changes made in 2012, and the previous change was in 2010. He also stated that there were changes in 2008 and in 2003. Town Clerk Taylor stated that it may not be everything but just one (1) item that was changed. Committee Member Mouw inquired if the 6' issue was for privacy. He noted that installing a hedge would solve privacy issues. Town Clerk Taylor stated there were no limitations with hedges. Chairman Boardman read a letter from a Place Au Soled resident regarding the 4' vs. 6' fence issue in the Town of Gulf Stream. He also suggested changing front hedges to 6'. Town Manager Thrasher stated that there are two (2) different districts to consider. He continued that in the core district the low fences are an intricate part of the overall design of the homes. Chairman Boardman reported that in the core there are ficus hedges which are much higher than 6'. Committee Member Mouw stated that it is all about aesthetics. Ad Iluc Alatl g hhmh 26, N14 Town Manager Thrasher stated that a chain fence is not considered decorative and, therefore, there are mismatched materials. He presented an example of a fence that was attached to the front comer of a house, and connected that high fence to the house next door (owned by the same person) to that front comer and went beyond the outer corners of both houses. Town Clerk Taylor commented that they could have legitimately have installed G' down the sides. Chairman Boardman inquired how the members felt regarding G' high fences in the front Town Clerk Taylor referred to the section of fences under #G in the last column which is the Place Au Soleil column, she read "Fronting property solid, e.g. stockade or painted shadow box are both discouraged ". She continued that if a fence was to be put in the front, it would need approval of the ARPB and Commission. Chairman Boardman stated that this is very important He asked that Staff research the history, as to why this provision was apparently changed from G' to 4' in the front. Town Clerk Taylor repeated that she will obtain the Ordinances for the dates listed, and research the minutes of the appropriate dates. Chairman Boardman stated that the Staff also had issues that were not on the original list He listed them and suggested that they should be referred to the ARPB: questions with budding color and trim, front entrance doors, the amount of glass on the back of the structure, if on the water, 3-stall garages, and roofs. Town Manager Thrasher stated that when Chairman Boardman proposed waivers in the specific sections, e.g. 70 -99, those issues could be covered by waivers. Chairman Boardman inquired if a proposed waiver should go back to the ARPB, but not changed on the approved list Town Manager Thrasher stated that when you allow die concept of general waivers, things could get very rampant. He continued that it could be on the responsibility of the ARPB and Commission. Chairman Boardman responded that the ARPB should ask themselves, "If we are going to grant a waiver, why don't we change the code instead ". He also said they should ask themselves that Chairman Boardman stated that his point here is that there are issues not of process but specific questions about specific provisions of the code that the ARPB are used to dealing with, as they have the contest of paint colors, etc. Committee Member Randolph stated she agreed with the process and not getting into the nitty gritty of the code. She continued that she felt more time should be spent on the waiver, and to learn how it would work to stay with the process, and not the individual issues. Corntnittee Member Randolph also stated that the Ad I loc Mccnng Alarch 26, 11114 committee should give a deep background on waivers, so residents will understand why it is there. She stated she wants the availability of it. Committee Member Mouw stated that each waiver should be seriously considered, as there could be ramifications. Chairman Boardman reported that it should be considered if this is a one -off situation or should it be a general application. Town Manager Thrasher stated that a waiver could be potentially rather expensive, and it should be for the betterment of the people. Chairman Boardman inquired if these items listed on the sheet should be reviewed by the Ad Hoc Committee or sent to the ARPB. He continued if they are wrong, it should come back to the Ad Hoc Committee. Town Manager Thrasher responded they should be sent to ARPB, as they would be difficult for the Ad Hoc Committee to resolve. D. Installation of Sidewalks & Pathways Town Clerk Taylor reported that it is a very simple housekeeping thing to include the annexed area into the North Ocean Overlay District. VIII. ITEMS BY STAFF: There were no further comments. IX. ITEMS BY COMMITTEE MEMBERS: There were no further comments. X. ADJOURNMENT: Committee Member Mouw moved and Committee Member Randolph seconded to the adjournment of the meeting. All voted AYE. Chairman Boardman adjourned the meeting at 9:40 A.M. jkaHk'�" Sandra Fein Recording Secretary 8