Welcome ::: Town of Golden Beach - Town Council Minutes 04/17/2006

Mayor Singer called the meeting to order at 7:12 p.m. Roll Call taken by Town Manager.

Council Members in attendance: Mayor Singer, Vice Mayor Einstein, Councilmember Colella-Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin

Staff in attendance: Town Manager, Lieutenant Gary Smith, Town Attorneys Helfman and Gould, Dan Nieda, and Zoraya Roncallo.

1. Code Section 66-69 less than 100 feet - Discussed the second floor ratio, which has limits of 65%. Presently looking at the second floor using a setback to pinch in the sidewalls.

Council directed the Town Manager to distribute Bal Harbor Code on setbacks and ratio.

Council inquired as to which process was best for Golden Beach and Mr. Miller responded that Council should consider the performance step zoning which might work well since it provides a standard with flexibility without a hardship.

Dan Nieda recommended that Council consider either abandoning the percentage totally and follow the Bal Harbor model or do a mix approach with a setback bonus and he explained it.

Vice Mayor Einstein stated that he feels percentage does not work. Garages do not get used as garages in order to gain floor space. 50-foot lots can need special consideration. The pinching in would not work well on the ocean with the size of the lots.

Dan Nieda discussed the benefit of the setback bonus approach instead of the percentage approach it lets the designer not be forced for the large bottom floor to get the benefit of the percentage rule.

Council requested Dan to supply photographs of the setback bonus style homes by next Code Meeting in May. Dan to set up a tour of Bal Harbor homes with this style discussed.

Councilmember Colella-Battista requested photos of the setbacks according to height that was discussed and questioned whether we should review the 30 ft height limits.

Michael Miller pointed out that Bay Harbor has stopped doing variances due to the flexibility that they changed the Code to.

Councilmember Colella-Battista questioned landscaping requirements and Dan explained that the board of architects reviews the plans to ensure that they control what is going into their communities.

Vice Mayor Einstein discussed the Town having a color palate. Dan explained that we did not but it could be considered if requested. Council directed the Town Manager to provide a copy of Coral Gables Code on this matter.

2. PLANTING IN SWALES - Mr. Miller explained that many communities control the use and planting in the swale and restrict what goes into it with many being sod only. He explained the "swerve factor" for situations when a ball comes into the road. (Boulders, lawn markers, etc.) Explained the license agreement to allow certain things to be planted in the swale area. Town holds the license.

Town Manager explained the change that occurred when the town applied for grants for bike paths and stopping any planting into the easement. Also explained the cost of removing the plants is a major expense that we do not have to add to it.

Councilmember Colella-Battista questioned do we stop them or change the Code. Town Attorney explained that that the Town could require a covenant with the Town.

Vice Mayor Einstein explained the history on the edge of Golden Beach Drive and the coconut palms and was concerned what it will look like if you have to remove them.

Dr. Feinman completed the history of the roadways by reviewing the history of Dr. Duffner's nursery. Of coconut palms and discussed the use of Town property, i.e. swales and the obligation of the Town to enforce the removal of the plantings.

Mr. Neil Leff recommended developing a master plan for the Town. He explained the purpose of the swales as greenways.

Mayor Singer requested the Town Attorney to prepare some language that if you plant you will be responsible to remove it and replace it. This would only be for a certain period of time such as the Capital Improvement Project or undergrounding the utilities.

Council directed the Town Manager to deliver to the Town Attorney the past policy on placement of boulders in the swale area.

3. Grading of Property - Dan Nieda explained the grading issue with the change to the seawall section of the Code and it is an important matter to address at this time.

Mayor Singer requested Town Attorney to put together an ordinance for the May Council Meeting. He summarized the meeting and asked Council to notify the Town Manager to put items on the next Code Review Workshop Agenda.

Motion made by Mayor Singer to adjourn. Seconded by Councilmember Lusskin.