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HomeMy Public PortalAbout04/30/2014N Aril 28, 2014 CHAIRMAN: William Boardman COMMITTEE MEMBER: Richard Mouw Patricia Randolph Benjamin Schreier Keith Williams REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, APRIL 30, 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 of April 23, 2014. IV. Additions, withdrawals, deferrals, arrangement of agenda items. OV. Announcements. VI. Communication from the Public (3 min. maximum) VII. Items to be considered at this meeting. A. Motion - Landscape Code (Incl. Lighting & Irrigation) Sec. 70 -146 thru 78 -170 B. Roof Color & Materials Sections 79 -99, 70- 218,70 -238 VIII. Items by Staff. A. Summary of Ad Hoc Recommendations to date B. Application Fee Schedule - Resolution No. 011 -7 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 JIS 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 30, 2014, AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA O I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:04 A.M. II. ROLL CALL: Present and William Boardman Chairman Participating Patricia Randolph Committee Member Benjamin Schreier Committee Member Keith Williams Committee Member Absent w/o notice Richard Mouw Committee Member Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk III. MINUTES OF THE REGULAR MEETING APRIL 23.2014 Committee Member Schreier moved and Committee Member Randolph seconded the approval of the April 23, 2014 Minutes. All voted AYE. IV. ADDITIONS. WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS• There were none. V. ANNOUNCEMENTS: U Town Clerk Taylor reported that there was a letter received after the last meeting from Mr. Slominski, who spoke at that meeting, and he asked that it be distributed to the Ad Hoc Committee. VI. COMMUNICATIONS FROM THE PUBLIC. There were none VII. ITEMS TO BE CONSIDERED AT THIS MEETIN A. Motion — Landscape Code (Intl. Lighting & Irrigation) Sec. 70 -146 thru 78 -170 Chairman Boardman reported on Consultant Marty Minor's recommendation that if there was required renovations there would be a permit required for replacing more than 25% of landscape work. He also commented on limiting coverage on the visible open site line in the front of the house area. Committee Member Williams stated that there was concern regarding residents planting in the easements or right of ways, and how a permit for 25% for replacement may trigger that. He also referred to the email he sent Town Manager Thrasher regarding vistas and the lighting guidelines that he has used. Committee Member Williams further stated nothing planted can be over 30" high in the front of the house in a 50% open easement. Town Manager Thrasher stated he was not suggesting any plantings in the right of ways and that was the directive of the consensus of the Commission. He commented with regard to Committee Member Williams' email of the vista view in the front exposure of 50% of the planting of a low hedge and if it is sufficient enough of what he recommends. Ad Hoc bfeeting April 30, 2014 OChairman Boardman stated that the Core District has a tremendous amount of total screenings and this cannot apply to Core. He stated that he would hate to have restrictions in Place au Soleil and not in the Core. Chairman Boardman also inquired if we have a problem, how can it be corrected. Town Manager Thrasher responded that there is a problem in Place au Soleil which is evident by Court action. He continued that the language he has used refers to north /south and Place au Soleil. Town Manager Thrasher stated that north /south has unique small lots. He also stated that in Place au Soleil there are large right of ways which are 15' from the edge of the road, and are maintained by the residents. Town Manager Thrasher stated when the residents plant 15' in from the road, it appears strange. He also stated that the hedge look is better. Town Manager Thrasher stated that the open front concept has to be better defined or eliminated. Town Clerk Taylor reported again that when the Code was created by a hired Consultant and an appointed Committee, they did windshield surveys all through the Town. She continued that they evaluated everything existing at that time in a particular area. Town Clerk Taylor stated that they tried to set the Code based on the characteristics of each area, at that time. She stated that Place au Soleil was to have this openness, being the last large subdivision developed. Town Clerk Taylor reported the present problem is to define what degree of openness. She also stated that Committee Member Schreier had a good suggestion when comparing controlling glass on a given elevation, and inquired whether this same idea could be applied to the openness of landscaping. Town Clerk Taylor continued that the openness should be so that you can see the whole front elevation of the house. She stated that openness on the odd shape lots will give you little room in the front. Town Clerk Taylor also commented on Committee Member Schreier's suggestion of a photograph of the windows in an elevation which can be used with a photograph of the vegetation. Committee Member Schreier stated that there is a difference with plants and windows, plant material grows fast. He also commented that it is difficult for Staff to decide when does the sense of openness become compromised. Committee Member Williams agreed that it is difficult coming up with a percentage. Town Manager Thrasher commented that they have worked with many residents evaluating the conflicts. He continued that some of the residents are grateful for Staff maintaining their position. Town Manager Thrasher discussed an example of selective enforcement, and how it does not work. He also stated that there has to be some control of the decision, e.g. that you close it or open it. Committee Member Schreier suggested a percentage approach, e.g. it has to be maintained and not to exceed a certain percentage of coverage. Town Manager Thrasher discussed a location on County Road where he suggested the 25% example inquiring whether he should go out and measure the distances or be reasonable with the equation with a rule. ,J z Ad liar Ideeong April 30, 2D14 Town Clerk Taylor responded that if you have the dimensions for the front lot line, and then establish Gadditional restrictions on the size of the planting material that they could plant in that particular percentage, with the understanding that the plants grow. Committee Member Williams responded that you would have to give a reasonable equation with regard to the height. Town Manager Thrasher read from his report that a view vista should be 25% with regard to north /south and Place au Soleil which is the view distance of the open front property line. Committee Member Williams stated that equation is reasonable and if there are complaints then there is something to refer to. Town Manager Thrasher stated that there were complaints from neighbors and a litigation issue from a resident in Place au Soleil regarding plantings in the view vista. He continued that the litigated complainant stated that there is no place in the Code that shows a violation of this issue. Chairman Boardman stated that he was surprised that no Place an Soleil residents wrote a letter or commented regarding front lawn hedges prior to the start of the Ad Hoc Committee. OCommittee Member Schreier inquired if that particular case went to Court. Town Manager Thrasher responded that it went before a Special Magistrate and that he did agree with the Town regarding open front view, and the resident had to remove all new plantings, but he did not agree with the portion that dealt with landscaping species which he felt was too vague in the Code with reference to other plants. Committee Member Schreier stated that sometimes a resident will do something that is not in the Ordinances but with this issue the Ordinance stood its test. Chairman Boardman reported that this topic as with front area fencing should be highlighted and forwarded on to the ARPB and to involve the HOA of Place an Soleil. Town Clerk Taylor reminded the Committee that Mr. Slominski reported that he appreciated the openness but had a problem with the fence issues. She continued that there are several things in the Code that apply to one design district, and not the other. Town Clerk Taylor gave the example that in the Core District, the openness would never "fly". Town Manager Thrasher reported that if the Code was better defined there would have been a different outcome. He continued that the litigation was lengthy, expensive and could happen again. �j Ad Hoc Meeting April 30, 2014 Town Clerk Taylor referred to the species material that Committee Member Williams presented and stated C) that with the changes in Mr. Minor's memos should help "plug" up that hole. Town Manager Thrasher reported that the 25% is the trigger. He further stated that he eliminated that trigger, and added the language from the South Florida Water Management advise as a reference material. Committee Member Williams stated that the Committee still has to agree on a percentage that is required. Town Manager Thrasher suggests that there should be no more than 25% of the plantings blocking the vista view with material height. Committee Member Schreier inquired if that is based on the windshield survey. Town Manager Thrasher responded that he really feels it should be open 100% as the Code states, but gave examples of other issues, e.g. the heights, viewing their front doors, and stated that the 25% allows some screening and still remains open. Committee Member Williams stated that the 25% should be consistent and that spotted plantings should not be allowed and only a wide open consistent view. Committee Member Schreier feels like 25% is a good number but it may go to 23% or 26% also. Committee Member Williams also agreed that 25% is not difficult to work with. Town Clerk Taylor stated that may not work with the little bitty front entrances of the houses. Town Manager Thrasher responded that front yard is front yard. Committee Member Randolph stated that Place au Soleil has growing pains, and the Core is well- established. She continued that their HOA should decide who they want to be. Committee Member Randolph inquired if most of the legal issues were mainly from Place au Soleil. Town Manager Thrasher responded "No" and stated that the other litigation case from the barrier island is involved with the Place au Soleil case. Committee Member Schreier stated that Place an Soleil requires 100% open and that there are restrictions. He continued with an example of how new residents view other residents landscaping, and desire similar plantings without knowledge of the restrictions. Committee Member Schreier stated that he liked the positive wording of 75% openness, and the 3' of maturing maintained plant material. J Committee Member Williams moved and Committee Member Schreier seconded the approval with the caveat of the ARPB reviewing the motion that the open front lawn and the view vista shall be a 4 Ad H« hfeeting April 30, 2014 minimum of 75% of the front property line, without landscape planting exceeding in matured height of 36". �j he was advised that is where it goes next. Committee Member Schreier was advised that the ARPB receives this motion and reviews it prior to a final decision. Chairman Boardman stated as with the fences motion, the HOA should be brought in, as is the ARPB for their recommendations. He also commented that there should be more input from the residents in Place an Soleil District. Town Clerk Taylor requested a vote. Chairman Boardman stated that he will vote for it but he stated that he feels something is being passed without a demonstrated need from the residents involved, and that the Town should be careful with self - generated restrictions. All voted AYE. Chairman Boardman inquired the Ad Hoc Committee is recommending Mr. Minor's suggestions on not requiring a permit on the landscaping only changes. Committee Member Williams stated that is how he feels regarding a landscape change permit. Committee Member Schreier stated that when he applies for a building permit he feels it is for life safety. He continued that a landscaping permit is State regulated. Committee Member Williams responded that a landscape permit is to confirm they are abiding by the codes, as the homeowner may not be aware of the regulations. Town Manager Thrasher stated that Delray Beach has permitting and also for irrigation. He continued that he cannot have a presentation without a permit. Committee Member Williams stated that the 25% equation will be difficult. Town Manager Thrasher inquired if he had thought of another equation and if in the Town of Gulf Stream would there be a method to trigger something. Committee Member Williams inquired if contractor's pull a permit for irrigation. Town Manager Thrasher responded if they are aware of it. 5 Ad Hoc Meeting Apn7 30,-'N)14 Chairman Boardman reported that several years ago he had a large landscaping project completed without any permits. Committee Member Williams stated that if the job is more than 25% because it is a major job. Committee Member Schreier inquired if it would be on value, surface area, or volume. Committee Member Williams reported that it would have to be on square footage and that would be easier when a landscape architect does the job. Town Manager Thrasher inquired what if just the front yard was concentrated upon. He continued that the Code originally started with the concept of trying to control the view of the mass of the building from the roadway. Chairman Boardman reported that in Mr. Minor's memorandum it states that revision or replacement of 25% of the existing vegetation requires a permit from the Town. Town Manager Thrasher stated a picture or a sketch has been successful in the past and is workable, and it applies to due process and due diligence. GChairman Boardman moved and Committee Member Schreier seconded the approval for 50% of the existing vegetation in the area seen from the street. All voted AYE. Chairman Boardman read Mr. Minor's suggestions that landscaping issues be addressed on a district level has been changed to a requirement and the requirement for irrigation has been added. He also reported that the "discouraged" and "prohibited" item on Mr. Minor's list was good stuff. Committee Member Williams agreed. Chairman Boardman referred to Mr. Minor's recommendation on windows which states the requirements have been revised to prohibit undivided windows over three (3) feet in width or larger than 16 square feet visible from the street or waterway. Town Manager Thrasher and Town Clerk Taylor commented that they requested Mr. Minor to research that and it was different than the other issues. There were no opinions on it at this time. Town Manager Thrasher inquired if the Committee can incorporate a separate lighting permit. He stated that the residents have bypassed the lighting issues due to the fact it is part of the Delray Beach Building Code. Town Manager Thrasher further stated that the Town of Gulf Stream has no way at present to regulate the lighting features, e.g. voltage amounts. Town Clerk Taylor stated that with the present Code there are no separate permits for lighting. N Ad Hoc Meeting April 30, 2014 OTown Manager Thrasher reported that the 50% rule incorporates the landscaping and irrigation lighting permits, at the present time. Chairman Boardman inquired if Mr. Minor's suggestions are the keystone regarding landscape, landscape lighting and irrigation lighting permit at a 50% rule. Committee Member Schreier moved and Committee Member Williams seconded to recommend Marty Minor's recommendation as written regarding landscaping, landscaping lighting and irrigation at 50 %. All voted AYE. B. Roof Color & Materials Sections 79 -99, 70 -218, 70 -238 Chairman Boardman referred to Code pages 70:81 and stated that there are two (2) types of architectural designs, e.g. Gulf Stream Bermuda style, Spanish Mediterranean and various other. He continued that there have been no comments received from residents having Spanish Mediterranean style homes but that at present residents of the Spanish Mediterranean style prefer barrel red roof tiles. Chairman Boardman stated that there is no requirement for clay tiles. He continued that the main issues for this Ad Hoc Committee are color and metal roofs. Chairman Boardman further stated that there is a request for shake roofs. He stated that in Gulf Stream Mediterranean area the barrel tiles are listed, and in Gulf Stream Bermuda, he read verbatim the Code Section requirements. Chairman Boardman reported that when Mayor Scott Morgan was Chairman of the ARPB, he submitted a comment stating that after slate -like tile appears in the Code, it should be inserted "or other dark colored the ". He also suggested that in the Gulf Stream Bermuda style and the Mediterranean style sections, metal roofs should be added to the prohibited lists. Chairman Boardman stated that these requests on his part basically incorporate all the other comments on roofs received. He also mentioned the residents who requested a hard, shiny, white tile roof and one resident who requested a shake roof. Town Manager Thrasher stated that the shake roof residence is on the beachfront. Committee Member Williams inquired if the Town was opposed to cedar shake roofs. Town Manager Thrasher that it is contrary to whatever he has ever seen. Committee Member Schreier reported that he has seen cedar shake roofs, and that they are gorgeous on the right house, but require considerable maintenance. Town Clerk Taylor suggested that it be added under discouraged and that way it can be approved. Committee Member Williams stated that he has seen metal roofs on British Colonial architecture also. Town Clerk Taylor stated that Gulf Stream does not allow metal roofs. 7 Ad Hoc Meeting April 30, 2014 Chairman Boardman stated that the perception of metal roofs is for economic reasons, and that it has an C1 industrial look. He continued that the Committee would be dealing with retro fits if metal roofs were approved, as they do not look formal for the Core District. Committee Member Schreier inquired if wood shakes are prohibited, and if they are, he felt that would be a missed opportunity. Town Clerk Taylor recommended that wood shakes be listed under "Discouraged ", and therefore, each permit would be individually reviewed on their own merits. Committee Member Schreier agreed that it would not fit a Gulf Stream Bermuda style home but that it could be considered for a Georgian style home. Chairman Boardman referred to Code Section 72 -38, Page 93 and read the description regarding grey and cedar shakes, which would be under Level 3 Review. Committee Member Schreier repeated that allowing cedar shake roofs under certain conditions is a great opportunity and would contribute something to the Town of Gulf Stream, with the protection of Level 3 Review. He also addressed the issue of the word "Discouraged" being removed because after three (3) discourages, the project is denied. 11- Committee Member Williams agreed. Chairman Boardman addressed shingles. He stated that other than those cedar shingles referred to in Item A. Chairman Boardman suggested that it was a housekeeping issue. Town Clerk Taylor stated that the Committee should state positive what should be written and then the attorney's take care of the verbiage. Chairman Boardman continued that shingles are prohibited as it is said in Section 72 -32A. Town Manager Thrasher stated it was a bad approach for assuming the attorneys will pick up the new verbiage. Committee Member Schreier recommended keeping metal roofs on the prohibited list, as it could affect the appearance of a community. All Committee Members were in agreement that there should be no change in the Code regarding the prohibition of metal roofs. Chairman Boardman suggested that the fact that metal roofs are prohibited be made clear in all prohibited sections of the Code. Committee Member Schreier located it on Page 70 -47 and read it verbatim. 8 Ad Hoc Meeting April 30, 2014 Chairman Boardman stated that for clarity it should also be listed in the other prohibited sections. He added that the attorneys should reconcile Code Book Pages 70 -99 with 70 -218 and 70 -238. Town Manager Thrasher stated that the most restrictive rules of the Code prevails. Committee Member Schreier gave an example of a presentation he had made to the ARPB wherein he had presented a red roof on a Georgian style home. The red roof was denied in that a section of the code listed primary colors on roofs to be prohibited. However we had pictures of several Georgian style homes with red roofs, he said. Mr. Schreier added that gambrel roofs are prohibited but that if they are properly done, they are very attractive. Mr. Williams was in agreement with Mr. Schreier. TOWN CLERK TAYLOR remarked that when the code was being structured and the gambrel roof was shown, the first remark was "we don't want any barns in Town ", and the entire committee agreed. CHAIRMAN BOARDMAN suggested the matter of roof color be discussed at this time. The members were in agreement that there should be some process to allow red roofs and other dark colored flat cement file on certain architectural styles, especially Georgian but, not on Bermuda. COMMITTEE MEMBER SCHRIER suggested that it could possibly be handled with a waiver. TOWN MANAGER THRASHER agreed that it could be if it is a new home but a re -roof is not required to go for a Level 3 Review and that is where waivers would be granted, or refused. CHAIRMAN BOARDMAN asked if the Committee is comfortable with adding to Section 70- 238(a), "or other dark color the ". COMMITTEE MEMBER SCHREIER moved to recommend that "or other dark colored tiles" be added to Section 70- 238(a) after the words "slate like" and Mr. Williams seconded the motion with all voting AYE. CHAIRMAN BOARDMAN called attention to the fact that a letter was received regarding a white shiny roof being rejected because a Ahiny surface is not permitted on a Bermuda house. The Code Section 70 -238 was reviewed, discussed and it was agreed that no changes will be recommended. CHAIRMAN BOARDMAN asked Mr. Thrasher to add to the summary he prepared after the previous meeting, the action that was taken at this meeting. He advised he would prepare a statement regarding the questions that has been raised by residents and would also comment about what the Committee had looked at and had taken no action on. This, the minutes from this meeting and an agenda for the next meeting, which he hoped would be held next week, will be emailed and distributed. Mr. Boardman then asked if Thursday, May 8, 2014 at 8 A.M. was agreeable with everyone. Everyone was in agreement with these arrangements. Ad Hoc Dleedng Aprd 30, 2014 VIII. ITEMS BY STAFF. The summary sheet was distributed and Chairman Boardman reported that the action that was taken this day will be added. IX. ITEMS BY COMMITTEE MEMBERS. There were none. X. ADJOURNMENT. CHAIRMAN BOARDMAN adjourned the meeting at 9:45 A.M. Sandra Fein Recording Secretary J J 10