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HomeMy Public PortalAbout04/23/2014CHAIRMAN: COMMITTEE MEMBER William Boardman Richard Mouw Patricia Randolph Benjamin Schreier Keith Williams April 21, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, APRIL 23, 2014 AT 8:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting April 9, 2014. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting a. April 30, 2014 VI. Communication from the Public (3 min. maximum) VII. Items to be considered at this meeting. A. Motion - Setbacks for Mechanical Equip. Sec. 70 -51(4) & 70 -74 B. Motion -Fence Heights & Materials Sec.70 -187 6.& 7. C. Review - Landscape Code (Incl. Lighting & Irrigation) Sec. 70 -146 thru 78 -170 D. Roof Color & Materials Sections 79 -99, 70 -218, 70 -238 VIII. Items by Staff. IX. Items by Committee Members. X. Public. XI. 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. O MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA, ON WEDNESDAY, APRIL 23, 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 Christopher O'Hare Edward Slowinski Chairman Committee Member Committee Member Committee Member Committee Member Town Manager Town Clerk Resident Resident III. MINUTES OF THE REGULAR MEETING APRIL 9, 2014 Committee Member Mouw moved and Committee Member Williams seconded the approval of the April 9, 2014 Minutes. All voted AYE. IV. ADDITIONS. WITHDRAWALS, DEFERRALS. ARRANGEMENT OF AGENDA ITEMS: OCommittee Member Schreier inquired if Agenda Item VI. could be switched with Agenda Item VII., due to the circumstance that Committee Member Williams has to leave this meeting by 9:30 A.M. Committee Member Schreier moved and Committee Member Mouw seconded the approval of the Agenda change. All voted AYE. V. ANNOUNCEMENTS: A. Meeting Dates 1. Regular Meeting a. April 30, 2014 @ 8:00 A.M. VII. ITEMS TO BE CONSIDERED AT THIS MEETING: A. Motion - Setbacks for Mechanical Equipment Sec. 70 -51(4) and Sec. 70 -74 Town Clerk Taylor reported that there was discussion on this topic but no motion was made. Chairman Boardman stated it was his understanding that the Committee does not feel that any changes regarding small mechanical equipment are necessary. Committee Member Schreier moved and Committee Member Mouw seconded to recommend no Code changes with regard to small mechanical equipment placement. All voted AYE. Ad Hoc Meeting April 23, 2014 ^ B. Motion - Fence Heights & Materials Sec. 70 -187 6. & 7. �) Chairman Boardman stated that the Committee, in previous discussions, recommended that 6' aluminum rail fences be permitted where visible from any street, provided they are screened at the base with landscape material at a minimum height of 2', and that this would only apply in the Place Au Soleil District.. He then called attention to copies of email blasts sent after the last meeting by Mr. O'Hare to approximately 70 Place Au Soleil residents asking that they send their comments to the Town Manager. Mr. Boardman reported that as of this time approximately 15 households have requested 6' fences of various material types and that 8 -10 of those were a result of Mr. O'Hare's recent blast email. He asked that the members consider these latest comments from residents before making a motion. Committee Member Williams stated that he had no problem with the PVC material fences provided they are a high end product which hold up much better than the lower cost PVC products, adding that they do not fit with most homes characteristics. Committee Member Schreier stated that it is a personal choice but he would be hesitant to open the code to allow PVC as there would be no way to assure that the higher quality product would be chosen. He further stated, as an example, that PVC often mimics a picket fence but has an artificial look. Mr. Williams asked if fences in the front yard are required to go before a review board. Town Manager Thrasher recalled that at the last meeting when 6' aluminum rail fences were being considered for the front, it was assumed they would be considered as a discouraged item and as such would require a review board appearance. He went on to point out that the cost to do this would be $1,015.00. He felt that a review board appearance and extra cost might not be necessary since the placement and materials are so well defined. Chairman Boardman asked for a fee list, within the scope of this Committee, to be provided at the next Ad Hoc Meeting. Committee Member Mouw stated if the height issue is done correctly, he has no problems with it. He inquired how the standards could be regulated with regard to assuring that the required landscaping material is maintained. Town Manager Thrasher referred to Code Sec. 70 -187, Sub - Section 6. He continued that it could be simple administrative change by adding fences over 6' prohibited in the front in the Place au Soleil District.. Chairman Boardman inquired regarding the maintenance issue. Town Manager Thrasher stated there is no section in the Code for that item. He continued that if a person does not like the shabbiness of the hedge, or the disrepair of a fence, there is no language that addresses that. Ad Ha Meeting Ap,i123, 2014 ^ Town Clerk Taylor reported that if there was a full-time Code Enforcement Officer and the language to go �) with it, like other municipalities have, they could manage it better. She went on to say that as a rule, the Town's Code covers dead stuff. She continued that you have to approach it from the Code Enforcement angle which is rather a lengthy process. Town Clerk Taylor stated that the white fly issue created a big problem because sometimes they are brought back to life. Chairman Boardman inquired regarding a house being in disrepair with paint peeling off. Committee Member Mouw responded that would be another whole set of rules. Chairman Boardman stated that the Committee did not have to recommend specific things but rather recommending that this specific issue should be studied further. He continued that it would become difficult for the Committee to suggest individual code changes. Town Clerk Taylor stated that there is a Code Section 22 -31 entitled "Unsightly, Unsafe or Unsanitary Conditions ". She continued that the title covers a number of issues, but then it goes back to a decision as to at what point the issue becomes a violation. Committee Member Schreier stated that there is an advantage to the vagueness of that Code Section. Chairman Boardman commented that you would want some articulated content. He gave an example that �J if there was a totally neglected house, the neighbors would complain, and there should be some ability to agree with them. Chairman Boardman stated that there should not be a burden to prove obnoxiousness. Committee Member Schreier gave an example of a house in Town of Gulf Stream with mold on the roof. Town Clerk Taylor stated that it is first addressed with a letter or a personal contact requesting that the roof be cleaned /painted and if further action is needed, it would be a code enforcement issue. She referred to the Code that states the roof shall be maintained so as not to leak, and shall be kept clean and painted. Chairman Boardman referred to Mr. O'Hare's email which did not outline what the current requirements were. He continued that he felt that residents did not understand that they could have a 6' fence in their backyard. Chairman Boardman also commented that he did not feel that out of the 100 Place An Soleil residents, they want 6' fences out to the front setback line. He continued that this would be something for the ARPB and Commission to decide. Chairman Boardman suggested that their Homeowners' Association (HOA) may want to get involved and have input on this issue. Chairman Boardman stated that putting 6' fences in their front yards is nothing minor. Committee Member Mouw inquired if there was any way to clarify the Town's Code to the residents, and then they could vote for themselves. 3 Ad Hoc Mreling ApA 23, 314 ^ Committee Member Williams suggested that if a resident requested a decorative shadow box or a PVC �) fence which is presently discouraged, they should appear before the ARPB. Committee Member Mouw agreed. Chairman Boardman stated that the HOA could also give their input. Town Manager Thrasher reported that shadow boxes in the front yard are discouraged. He also stated PVC and un- screened chain link fences are prohibited in the front yard. Neither of these provisions would change. Chairman Boardman stated that the Committee is not changing anything that is discouraged. He continued that they are just taking out of "prohibited ", 6' aluminum rail fences. Chairman Boardman stated that the remaining prohibitions all stay the samel. Committee Member Schreier moved and Committee Member Williams seconded to recommend that in the Place Au Soleil Design District, covered in Section 70 -187, subsection 6., there be permitted 6' high aluminum rail fencing provided there is a landscape base, a minimum of 2' in height to be maintained at a minimum of at least 3' in height. All voted AYE. OCommittee Member Mouw suggested that the ARPB be made aware that the Committee feels that the HOA should be invited to comment on this issue, and Chairman Boardman suggested that a letter should go to the residents of Place au Soleil to explain the current rules of putting a 6' fence in their back yard which they can now do. Town Manager Thrasher stated it is now in the hands of the ARPB. C. Review — Landscape Code (Incl. Lighting & Irrigation) Sec. 70 -146 thru 78 -170 Committee Member Williams described the material he gave to the Town Clerk, with regard to exotic species and native plants that should be encouraged. He stated that the suggested 25% rule in terms of the landscape permit, as suggested by Urban Design, is perplexing. He offered that when a permit is pulled it is with the expectation that there will be inspections to follow to see if the content in the permit has been followed and that is usually a part of the pemutting for new structures or additions. He believed it would be difficult to define the 25 %. Town Manager Thrasher stated that there are times when extensive landscaping is changed when there is no construction underway or even being planned. He questioned at what point some type of a permit be required. He felt a " trigger" for a permit is needed. Committee Member Williams continued that the percentage should depend on the size of the lot, and decided at the time of construction or renovations. 4 Ad }lot Meeting April 23,21014 OTown Manager Thrasher was concerned that landscaping installed without a permitting process could have an unfavorable impact on the neighbors. He further pointed out that the new planting may even un- knowingly have been planted on the Town's property or a neighbor's property. Chairman Boardman inquired if the Town Manager has the ability to have plants removed if they are forbidden plants. Town Manager Thrasher responded that if it is new planting, the answer is yes and the Code is referred to. If we don't know when they were planted, then they would be considered to be grandfathered. Chairman Boardman inquired that if it is new plantings that appear on a forbidden list, permit or no permit, does the Staff have the ability to prohibit. Town Manager Thrasher reported that if he can estimate the time of planting, and if the Code was in existence at the planting time, he can prohibit forbidden plants. Town Manager Thrasher gave an example with regard to a resident wanting to put in new acceptable plantings in the Town's tight of way. He continued that creates irritation between the Town and the resident in that other residents have existing plants in the right -of -way with the circumstances surrounding that planting unknown. He also stated that there should be some mechanism that would require a landscape plan. �) Town Manager Thrasher felt that there should be a plan and a survey to establish property lines allowable for plantings. Chairman Boardman stated that there should be a section that states "No planting in the rights of way". Town Manager Thrasher stated that the right -of -ways are in Town ownership and it is no different than planting on your neighbor's property without their approval. Chairman Boardman responded that should be determined by the Commission. Town Manager Thrasher agreed and inquired how he gets it to them. He continued that the Landscape Code needs to be refined to articulate what is tight and what is wrong. Town Manager Thrasher further stated that if there is an "open door", the resident wants it to become a legal issue. Chairman Boardman inquired if a landscape plan is required at the time of the permit approval. Town Manager Thrasher responded "Yes ", and read from Code 70 -146 General Landscaping, Page 70 -71 regarding other plants used in Town referring to two (2) excellent reference books which gives the applicant an incomplete listing of other plants that should be allowed. He stated that there are many excellent books on native and encouraged plants. He stated that he does not know how to administer this issue, and recommended that ARPB or Commission resolve it. P Ad Hoc hfeeting Apuf 23, 2014 OCommittee Member Schreier read a piece from the memo from Marty Minor, Urban Design Kilday Studios regarding "an extra level of protection reactively or not reactively of 25 % ". He also stated that with new construction there must be control. Town Manager Thrasher stated new construction can be as small as a 200 square feet addition. Committee Member Schreier inquired if a resident wanted to cut down a large tree on their property, was a permit required and was answered "Yes ". Town Manager Thrasher stated that there is language in the Code for Place an Soleil that requires an open front view of a residence. Planting shrubs in front of a home is in violation of the style, or character, of the district. Town Clerk Taylor stated that the whole Code was based on what was existing, in that particular neighborhood, at that particular time. She continued that was how it was determined the types of homes to be built in the particular areas, e.g. Bermuda style in the Core District, and keep the style ongoing. Town Clerk Taylor further stated that in Place au Soleil it was the openness of the District and now it is difficult to get it out to the residents, and apply it to the Code. She remarked that when reviewing a design and advising that an open front yard is required, the first thing they will ask is "what's open ". She also stated the house values in Town have kept up is because there has not been a hodgepodge permitted within the various districts. Committee Member Schreier pointed out that the Code has established an allowable percentage of glass that may be visible on any given elevation. He suggested that a percentage be established that would be considered as required open front yard. Committee Member Williams suggested having a percentage of an open view to be 50 %. Town Manager Thrasher stated that he can administer that issue. Chairman Boardman suggested that Town Manager Thrasher and Committee Member Williams discuss this issue during the upcoming week. Committee Member Schreier stated that a photograph can be taken to illustrate the amount of space available for planting, and drawings could be made. Chairman Boardman suggested that the Town Manager contact Mr. Williams and bring to the next Ad Hoc Meeting an outline that may assist when residents are making applications for renovations. Committee Member Randolph added that the outline should also address lighting on the property. D Ad Hoc hfeeting April 23, 2014 Chairman Boardman called attention to the time and reminded that there are two residents present who have requested to speak. He directed that this matter be deferred to the meeting on April 30, 2014. D. Roof Color & Materials Sections 79 -99, 70 -218, 70 -238 This item was also deferred to the April 30, 2014 meeting. VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MA7iTMiT Q: Mr. O'Hare reported that there is a house on Carmen with a 6' PVC white fence that has been in place for approximately ten (10) years and it is still beautiful. He feels that the Ad Hoc Committee should open their minds to new materials. Mr. O'Hare described 6' fences and privacy and stated that most residents only request a 6' fence from the comer of the house to the property line, not across the front. He continued that a 4' fence does not give the expectation of full privacy. Mr. O'Hare further discussed the non - openness of Place an Soleil by listing present and past Board Members who have full privacy at their homes, and questioned the enforcement of the visual affect. He also stated that the property owners in Place an Soleil should be able to use their property as they feel is best. Mr. O'Hare addressed the maintenance of the swales which belong to the Town, and suggested that the residents should be reasonably in charge of what goes in there since they maintain them. He stated that from emails he received from residents, the majority want 6' fences and some requested PVC. Mr. O'Hare stated that residents should be allowed to do anything that does not violate the Code. Mr. Slominski stated he has learned quite a bit at this Ad Hoc Meeting, and that he agrees with the openness issue. He stated that he agreed with Mr. O'Hare with regard to 6' fences' protection. Mr. Slominski continued that there is a protection issue in addition to an aesthetic issue, and that should be given full consideration. He also stated that he was not in agreement with the 4' Fence Ordinance created by an inoculous committee formed several years ago. Mr. Slominski commented that he has done a survey of 6' fences in Place an Soleil, and learned that there are 38 - 6' fences on the sides of homes existing at this tithe, which are not visible from the road. He addressed his issue of having to cut 2' off of a metal fence because of a lack of understanding. Mr. Slominski also stated that he appreciated that the Ad Hoc Committee is addressing these issues, and are moving in the right direction. Chairman Boardman thanked Mr. Slominski for his very constructive comments. VIII. ITEMS BY STAFF: There were no additional comments. IX. ITEMS BY COMMITTEE MEMBERS: There were no additional comments. X. PUBLIC: There were no additional comments. 7 Ad Hoc Meeting April 3, 2014 XI. ADJOURNMENT: Committee Member Mouxv moved and Committee Member Schreier seconded to adjourn the meeting. All voted AYE. Chairman Boardman adjourned the meeting at 9:31 A.M. Sandra Fein Recording Secretary L�