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HomeMy Public PortalAbout04/09/2014CHAIRMAN: COMMITTEE MEMBER: William Boardman Richard Mouw Patricia Randolph Benjamin Schreier Keith Williams April 4, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, APRIL 9, 2014 AT 8:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ar_Pnina I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting of March 26, 2014. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting April 23, 2014 VI. Communication from the Public (3 min. maximum) VII. Items to be considered at this meeting. A. Continuation - Setbacks for Mechanical Equip. Sec. 70 -51(4) and Section 70 -74 B. Continuation -Fence Heights & Materials Sec. 70 -187 6. & 7. C. Continuation - Installation of Sidewalks & Pathways D. Review Landscape Code Sec. 70 -146 thru Sec. 70 -150. VIII. Items by Staff. IX. Items by Committee Members. X. Adjournment. SHOULD 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, APRIL 9, 2014, AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA I. II. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:00 A.M. ROLL CALL: Present and Participating Also Present and Participating William Boardman Richard Mouw Patricia Randolph Benjamin Schreier Keith Williams William H. Thrasher Rita L. Taylor Martin O'Boyle Christopher O'Hare Committee Member Committee Member Committee Member Committee Member Town Manager Town Clerk Resident Resident III. MINUTES of the REGULAR MEETING MARCH 26.2014 Committee Member Mouw moved and Committee Member Randolph seconded the approval of the March 26, 2014 Minutes. All voted AYE. IV. ADDITIONS. WITHDRAWALS, DEFERRALS ARRANGEMENT OF AGENDA ITEM There were none. V. ANNOUNCEMENTS: A. Meeting Dates 1. Regular Meeting April 23, 2014 @ 8:00 A.M. Chairman Boardman announced the upcoming meeting on April 23'. He also welcomed Mr. Williams and stated that he will be an asset with regard to the landscaping issues. Chairman Boardman reported that the fence issue should be concluded shortly. He continued that they have completed the original starting list. Mr. Boardman also stated that there should be a completed report of the Ad Hoc Committee's recommendations sent to the Commission and ARPB before the summer. He suggested having another meeting after the April 23'a Meeting, which would be held on April 30`h, at 8:00 A.M. All Committee Members agreed. Chairman Boardman stated that the Ad Hoc Committee had no obligation to have the public speak, but with decorum and civility, they will be given the opportunity to do so. VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM)- Mr. O'Boyle rose to a Point of Information. He inquired if the Decorum Policy has been adopted by the Ad Hoc Committee. Chairman Boardman responded that it has not been adopted by the Ad Hoc Committee. J Ad Hoc Nleeting April 9, 2014 Town Clerk Taylor reported that it was read and recommended for all bodies. She continued that it is an Oitem on the April 11' Commission Meeting Agenda where it will address all Boards and Committees in the Town of Gulf Stream. Mr. O'Boyle stated that in the Decorum Policy read at the previous Commission Meeting restricted recording equipment other than that being used by the Town had to be at least 5' at the rear of the Chambers. He continued inquiring if that policy will be enforced at the Ad Hoc Meetings. Chairman Boardman responded that it would be inappropriate to enforce it in that regard, and that it is not applicable at this meeting. Chairman Boardman stated that the Town has the ability to deal with the function of meetings when there are any disruptions. Chairman Boardman, with regard to communications from the public, reminded, as has been done at all of these Committee meetings, that we have been apprised that we have no obligation to provide for the public to speak at meetings held by this type of Committee but that the Committee is pleased to do so as long as the 3 minute time constraint and civility are followed. Town Clerk Taylor announced that anyone that wishes to speak must use the microphone. Mr. O'Hare stated that he was very unhappy because he had every right to have his camera in the Chambers but he was told to move it. He added that the last meeting minutes did not include his statement regarding the legal system was like a house; the Town's laws are in the basement, and the Supreme Court is in the attic. Mr. O'Hare continued questioning why there are 4' fences in Town when no residents want them. He referred to Marty Minor's comments regarding specific landscaping to a district, and stated that was a vague code. Mr. O'Hare further stated that he thought the Ad Hoc Committee was created to clear up vague codes. He believed that having to determine the percentage of landscaping that one may want to change is too vague. He mentioned that 25% is proposed to trigger the necessity to obtain a permit and felt he would be unable to defend himself without hiring attorneys is this were to be required. Chairman Boardman stated that Mr. O'Hare's time was up and he should sit down. Mr. O'Hare refused to sit down unless he was ordered to do so. Mr. Boardman ordered him to sit down. Mr. O'Boyle referred to his Point of Information earlier. He continued that Chairman Boardman's comments to Mr. O'Hare were outrageous. Mr. O'Boyle stated that Mr. O'Hare's points were very valid. He stated that this Ad Hoc Committee was created by way of an agreement between himself, Mayor Orthwein, his son, Town Counsel Randolph, Mr. Laudani, and Mr. Elmore to make it much easier to the populous to develop their properties. He continued that it should not be more complicated or confusing. Mr. O'Boyle also stated that the Committee is clearly not at the finish line, and are operating absent a design objective. He stated that this Committee was focusing on tiny technical issues which people do not want to deal with. Mr. O'Boyle continued that Chairman Boardman should get with the program, and visit the people who have issues. Ad Floc Meeting April 9, 2014 Chairman Boardman ordered Mr. O'Boyle to sit down after he had requested him to do so, as he had used his three (3) minutes to speak. VII. ITEMS TO BE CONSIDERED AT THIS MEETING: A. Continuation - Setbacks for Mechanical Equipment Sec. 70 -51(4) and Sec. 70 -74 Chairman Boardman stated that what was on the table would be left there this day, and listed the items; pool pumps, air conditioners, etc. Chairman Boardman stated that if the property is 22,000 sq. feet or less, a Special Exception is available to pem-iit having this equipment as close to you as it is to your neighbor. He questioned if that should apply to all lots regardless of size, noting that at times several pieces of equipment are bunched together. Town Manager Thrasher commented that he did not believe bunching to be a problem in Gulf Stream.. Committee Member Schreier inquired if minor accessory structures included generators to which the Town Clerk replied yes. Town Manager Thrasher stated that there are general requirements for generators, as it relates to dba noise, but there are exceptions where it relates to the distance from the property line. Town Manager Thrasher stated that verbiage is found in Code Section 22. He further stated that generators have additional little �ll nuances. Committee Member Schreier stated that it is a Catch 22. He continued that if a piece of equipment sits within a setback, it does not make a substantial difference with regard to noise. He offered that sometimes by being shielded, it causes the sound to be greater because the noise was reflected. Committee Member Schreier suggested that a definition should be assigned for mechanical equipment, noting that solar panels can be visually offensive vs. acoustically offensive to some people. Town Manager Thrasher stated there is no definition for mechanical equipment at this time. Committee Member Schreier inquired if there were any requests for wanting to install equipment in the setbacks. Town Clerk Taylor stated she remembered one and that she had said "No ". Town Manager Thrasher reported that generators are covered in the Minor Accessory Setback description, but you must look in Code Section 22 where it defines where a generator can be placed. He continued that it may be installed a minimum of 7' from the property line if the dba reading is 66. Chairman Boardman inquired what the setback in the rear would be. Ad Hoe Meeting April 7, 2014 Town Clerk Taylor responded 20' for primary structures and 15' for minor accessories. Committee Member Schreier commented that generators became very popular after the multiple hurricanes several years ago. He further discussed how at that time dbas were to be measured either at running time or start-up time. He said that 66 was probably at start -up. Chairman Boardman stated there was concern that the test and manufacturers data was at normal running, not at full power. He further stated that was not a customarily presented statistic in the industry, but that in no way prevents the Town adjusting the dba level. Town Manager Thrasher reported that the Gulf Stream Code requires that the dba rating must be measured at full load, and that information be provided to Town Hall in the manufacturers specifications. Chairman Boardman described the different running times among generators, pool pumps and pool heaters. Mr. Schreier stated that he does not see any consistent history of requests regarding noise for the Staff to make changes. Chairman Boardman stated that it is now the trend with building or renovating a home to put everything .) further in the back within the setbacks. Committee Member Schreier addressed having everything back to back in the rear of the house. Chairman Boardman continued that is in the Core District. Committee Member Schreier discussed side setbacks rather than rear setbacks, and how it is a push and pull issue. Town Clerk Taylor agreed that it was a big issue. Town Manager Thrasher stated that a dba reading for a generator is 23'. Chairman Boardman stated that you cannot export your noise to your neighbor. Town Manager Thrasher reported that he was asked to observe the noise from a grouping of mechanical equipment and stated that it was located on a higher elevation than the adjoining property. He further stated that he thinks that the mechanical equipment elevated too high is more disruptive to the neighbors. Town Manager Thrasher described the yard as having the pool /patio area elevated (not with the Town's approval). He continued that the driveway and the abutting section of the land were 5' lower, and that if the mechanical equipment had been placed at the lowest abutting grade, the noise would not have resonated as easily. He ' also stated that this was a unique situation in Town and with an irritating noise. 4 Ad I loc M=ting April 9, 2014 Committee Member Schreier inquired regarding Ordinance guidelines. Town Manager Thrasher stated that part of the section on setbacks does address heights with regard to patios and decks. He read from the Code the following: "Patios and decks up to 8" higher than the highest abutting grade ". Town Manager Thrasher further stated that the term lowest abutting grade applies to mechanical equipment, and regulations on fences. Committee Member Mouw stated that in Ocean Ridge the a/c equipment has to be a certain height above the finished floor and /or flood plan. Chairman Boardman stated that he encouraged the Town to send summaries of new projects regarding what is being built on their property. Committee Member Schreier stated that communication is very important regarding massing of the outside of the development. B. Continuation - Fence Heights & Materials Sec. 70 -187 G. & 7 Chairman Boardman stated that both letters received regarding fences heights were from Place an Soleil. He referred to Town Clerk Taylor on her research from assumed changes made to the Code in 2010. Town Clerk Taylor stated that the clarification that was intended in the Code was not adequately stated. She further reported that when they were talking about fences, they were talking about perimeter fences. She described as an example, a fence in the front of a house and that could be seen from the front. Town Clerk Taylor continued that it was not a perimeter fence but actually a fenced -in backyard by being connected to the front corners of the house. She also added that it was two (2) side by side houses. Town Clerk Taylor reported that as seen from the street, it was back within the allowed setback areas for the primary structure. She stated that it appeared that there was no way to control the height of it because it was outside of the setback area that was covered for fences. She repeated that it was not a perimeter fence. Town Clerk Taylor continued that it was viewed from the street as you would view a perimeter fence, and it was G' high. She stated that the Code could not control it because of the location of it. Chairman Boardman stated, referring to the 2010 Minutes, that there really was not a change but a clarification of the current practice. He continued that from reading the 2010 Minutes you could still do a G' fence in the backyard. Town Clerk Taylor responded "Yes ", as measured from the lowest abutting grade. Chairman Boardman stated the issue is that currently fences are limited to 4' in the Core District and Place an Soleil. He continued that you are allowed a G' fence in the rear, nonvisible area. Town Manager Thrasher stated that it is discouraged but it is something to be considered. Chairman Boardman inquired if the front yard portion should be raised. 5 Ad Hoc Meeting April 9, 2014 Committee Member Williams inquired if there is a code on gate heights. Town Manager Thrasher stated that there are five (5) districts, and that this discussion concerns fences visible from the front in the Core District and Place au Soleil and presently both prohibits fences in the front. Town Clerk Taylor stated that everything is measured from the lowest abutting grade. Committee Member Williams stated that 6' does not sound unreasonable. Committee Member Schreier inquired if there have been requests from residents of Place au Soleil and Core District to raise the height from 4' to 6'. Town Clerk Taylor stated not from the Core District just Place an Soleil. Chairman Boardman inquired if a resident had a backyard fence that is 6' high that comes up the property line, turns and comes in even with the middle of the house, can they have an approved metal transition across there that would be 6'. Town Manager Thrasher stated that would be considered a side fence, and that the rear is different from U the sides. U Town Clerk Taylor responded that if that tum -back could be seen from the front, it would then need to conform to the established height. She continued that if it is screened with landscaping, there is no limit on the height of the landscaping. Chairman Boardman reported that was an important factor and that any fence must be landscaped. Town Manager Thrasher read the Pages 70:79 from the Code regarding the requirements of all fences. He continued that all fences, with the exception of the aluminum rail fencing, shall be screened from view from any public or private roadway with landscaping. Town Manager Thrasher further reported that a wooden or chain link fence would require landscaping and screening. He also stated that a chain link fence would require a decorative gate. Town Clerk Taylor agreed that a wood fence requires landscaping unless it is open wood and in a column. Town Manager Thrasher stated that lower fences and walls are more characteristic in the Core District particularly since many of the homes have the Gulf Stream Bermuda design. He continued in Place au Soleil the homes have many types of architectural styling. Town Manager Thrasher further stated that it was not as important in Place an Soleil to have fences and walls there as it is in the Core District. Ad I -Im &feeting Apri19, 2014 Town Clerk Taylor reported that all the districts named in Town have a character outlined at the beginning, which describes what it should be and that was derived when they made this Code, by doing a windshield survey of what the majority of the properties were like. She continued that at that time in Place au Soleil, the majority of the properties had open front yards from when the subdivision was laid out, as opposed to the various subdivisions in the Core District. It was laid out with wider streets and right of ways, with an open - like design. Town Clerk Taylor stated that if the described character is to be maintained, it is necessary to address whether or not to close the front yard. Other homes on the street are going to have open -front yards, and one property may appear boxed in. Town Clerk Taylor gave an example of fencing a backyard by attaching the fence to the rear comers of the house. She added the fence could be a little higher if it was further away from the street so it would not be as visible from the street. Town Manager Thrasher stated that when a fence permit comes to the Town Hall and meets the code requirements, it did not have go before the ARPB because it is a Level 1 Application. Committee Member Randolph stated she did see the large home and it was out of character with the community, as it had a large wall. Town Manager Thrasher stated that the Town is using the current code at present. He stated that Place an Soleil has unique rights -of -way. Town Manager Thrasher gave an example in contrast and stated in the Core District there can be a property line that is 2' away from the roadway. He continued that in Place au Soleil there can be almost 15' of right of way beyond the edge of pavement. Town Manager Thrasher reported that if there are front fences allowed on private property, the 15' distance from the pavement to the fence would not fit in. He further stated that a fence going all the way across the front of the property in Place au Soleil conflicts with the general definition, which can be found in Code Section 70 -32, which describes the Place au Soleil districts. Chairman Boardman stated that from the letters received most residents want to put in a side fence. Town Manager Thrasher referred to one (1) letter received from a resident regarding two (2) properties that person owned. He described it as one fence being attached to the front face of the structure. Town Manager Thrasher stated that the front of the house is visible and a 6' fence would give a different picture. He also stated that the lower fences are more characteristic to a majority of homes. Town Clerk Taylor reported that one of the Code requirements is to have the fences be of an architectural style to go with the house. Chairman Boardman stated that the comments did not come from the Core District, but rather Place an Soleil. Town Manager Thrasher reported that there were three (3) comments from Place an Soleil; one stated that '— it should be PVC type material, and the other resident said they need a 6' fence. He continued that there are 7 Ad Hoc Meeting April 9, 2014 approximately 100 homes in Place au Soleil and only three (3) letters were received which represented only 3 %. Committee Member Williams stated that the characteristics should remain the same because there is history. Committee Member Schreier inquired regarding side yards. Town Manager Thrasher read the Code's Subsection 77 -79 where it addressed "Walls and fences along side and rear property lines and locations not visible on the street". He added anything over 6' was discouraged for Place an Soleil, Core District and North/ South. Chairman Boardman inquired if you could not run that visible 6' fence down the property line towards the street in the front yard. Town Manager Thrasher responded that you cannot run a 6' fence that is visible from the roadway and is positioned on the side or the rear, but you can run a 4' one. Committee Member Schreier commented that Place au Soleil is encouraging suburban settings and is discouraging permanent walls and 4' fences and no perception of metal. He also stated that he thinks that it works. Town Manager Thrasher stated that he does not touch discourage and it is sent to ARPB. Chairman Boardman inquired as to what is the material restriction. Committee Member Schreier responded that in the visible portions it would be aluminum with a base planting material o£2' minimum to grow to 3' in 1 year. Chairman Boardman stated that at this time most of the Core District has ficus. Town Manager Thrasher stated that in the past, there was a great emphasis treating Place au Soleil like the Core District with the same code. He commented that there was good and bad play. Chairman Boardman stated that there is the substance of a motion here. Chairman Boardman recommended a change to Place an Soleil provisions to allow up to a 6' aluminum rail fence with a minimum 2' high base of landscape material, and that it be placed in the "discouraged" section of the Code. Chairman Boardman suggested moving the issue, and ask Staff to come back with the minutes which would articulate the form of a motion at the next meeting, after it is seen in writing. Committee Member Randolph inquired regarding aluminum rail fencing. Ad Hoc Meeting April 9, 2014 Town Clerk Taylor responded that design was widely acceptable to go with various architectural styles, and it does not give that closed -in look. Committee Member Williams also stated that it is open and a recreational view. Chairman Boardman commented that the Ad Hoc Committee was just tip toeing around the province of the ARPB. Committee Member Schreier stated that he is very comfortable with what has been put on the table. Town Manager Thrasher stated that it is stated in Code Section 70 -79 that PVC, plastic and vinyl are prohibited. Committee Member Schreier commented that he would not set precedence for it. Committee Member Mouw reported that PVC has not proven itself to be of any substantial structural integrity as compared to aluminum and Mr. Schreier added that it disintegrates rather quickly, discolors and is not easily repaired as compared to wood. All were in agreement that a change in the existing Code is not warranted as it relates to PVC, plastic and vinyl fencing material. C. Continuation - Installation of Sidewalks & Pathways Chairman Boardman inquired as to where the Ad Hoc Committee was on Sidewalks & Pathways. He reported that he thought it would not be the Committee's charge, and that the Town is not in a position to take on a major infrastructure like that. Town Manager Thrasher reported that there was a letter that came in for discussion. Chairman Boardman suggested that the letter be referred to the Commission. Town Manager Thrasher added that it has to be part and parcel with regard to appropriation of funds, as that is a budget component. He also referred to the NPDES (National Pollutant Discharge Elimination System) Federal Clean Water Act and explained that each municipality in Palm Beach County has to conform to the Clean Water Act, as it relates to the variation of a swale community or a sidewalk community. Town Manager Thrasher continued that if it is changed going forward, there is an additional requirement on the Town relating to sweeping the streets. He stated that this would have a huge financial impact on the Town of Gulf Stream. Chairman Boardman repeated that it will be passed on to the Commission. He also stated that the next meeting will begin with passing a motion on fences, and then move on to landscape issues. Chairman 0 Ad Hoc Meeting April 9, 2014 Boardman inquired if there were any landscaping items Committee Member Williams found that was not on the original list. Committee Member Williams responded landscape lighting and irrigation. D. Review Landscape Code Sec. 70 -146 through Sec. 70 -150 To be addressed at next meeting. VIII. ITEMS BY STAFF: There were no additional comments. IX. ITEMS BY COMMITTEE MEMBERS: There were no additional comments. X. ADJOURNMENT: Committee Member Mouw moved and Committee Member Randolph seconded to adjourn the meeting. All voted AYE. Chairman Boardman adjourned the meeting at 9:40 A.M. Sandra Fein Recording Secretary 10