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Commissioner Aaskov Commissioner Bingham Commissioner Pugh Commissioner Schulte Mayor Kaleel Ordinance No. 540; Adopting and enacting a new Land Development Code and a new Code of Ordinances for the Town Commission of the Town of Ocean Ridge, Florida; providing for the repeal of certain ordinances not included therein and in conflict therewith; providing a penalty for the violation thereof; providing for the manner of amending such code; providing for severability; and providing for an effective date (First Reading) Town Attorney Spillias advised
that Attorney Bob Diffenderfer, who participated in rewriting, could not be
present due to the birth of his child. Attorney Spillias advised that
approximately 2 years ago the Commission requested the code be reviewed for
ambiguities and to clarify the original intent of the code. Attorney Spillias
stated that the Commission hired his firm to take recommendations from the
Staff, the Planning and Zoning Board, the Town Commission and also from a
workshop to draft the new code. Attorney Spillias also stated that the four
Planning and Zoning meetings were public hearings which were advertised and open
to public participation. Attorney Spillias advised that the Planning and Zoning
Commission reviewed the proposed code page by page and took input from the
public and made their recommendations to the Commission. Attorney Spillias
stated that the next step in the process is the first reading before the Town
Commission. Based on the revisions and decisions the Commission makes, the code
is then passed and goes to second reading, which is also a public hearing.
Attorney Spillias advised that the second reading must start after Comm Schulte asked when the substance of the current code was adopted. Mayor Kaleel advised that in 1996 the Town went through changes in the Land Development Code. At that time the Town hired consultant Hank Skokowski with Urban Design Studios, who made recommendations to the Town and thereupon the code was changed to what exists today. Mayor Kaleel stated that there was no review on how that code would interplay with the rest of the code. Mayor Kaleel advised that the intent of these new revisions was to clear up the ambiguities and conform with current state law. Mayor Kaleel also stated that 95% of the code has not been touched but it has been re-titled to make it easier for people to understand. Mayor Kaleel advised that the FAR was changed long ago before 1996 and that the bulk of the changes that were made took place during those extensive meetings that were open to the public. Attorney Spillias stated that
changes to the land use, zoning map and density are not being proposed today.
Attorney Spillias also advised that this proposed Land Development Code is the
same document as Attorney Spillias continued
reviewing the Land Development Code revisions made since Attorney Spillias reviewed section 64-24, development standards and suggested that RSE should be changed to designate 2 units per acre and RMM and RMF districts designated 3 to 4 units per acre to be clearer and avoid conflict. The Commission concurred. Attorney Spillias stated that in section 64-42, (Swimming Pools), corner side yard was added to the permitted locations. Attorney Spillias also stated that in section 64-44, fences, walls and hedges, front yard setback was added to the four foot height limitation. Attorney Spillias also mentioned the changes to hedge height limitations. Comm Bingham asked if there was an area in the code that defines what a hedge is such as clipped straight up and down on the sides and from the top. Attorney Spillias advised it has been brought up at the workshops and they never got a clear direction. Attorney Spillias did state that there has always been a definition of a hedge in the code which is a domesticated wooded plant growth including bushes and shrubs with sufficiently dense and continuous foliage to create an architectural barrier. Attorney Spillias stated that Code Enforcement would have a sufficient definition for their purposes of determining a hedge. Attorney Spillias reviewed minor changes to section 64-51, satellite dish antennas; section 67-32, floor elevations, which has some deletions and language changes. Also Attorney Spillias reviewed minor changes in section 67-136, site work incidental to construction; section 67-174, maintenance and appearance standards; section 67-177, responsibility of owners, operators and occupants; and section 70-4, permitted signs. Attorney Spillias then reviewed the Planning and Zoning recommendations and stated that the P&Z put in a lot of time, thought and research and added that the workshops were very valuable. Attorney Spillias summarized the recommended changes made in the definition section. He stated that there was significant discussion on total floor area ratio and chimney height. There were also suggestions to change section 63-32, (Notice and Hearing), for appeal time to be changed from 30 days to 10 days and also to change the publication notice from 15 days prior to 5 business days prior to the hearing. Attorney Spillias summarized the recommended changes to section 64-1, RSF and RSE single family residential districts. He stated that the recommendations include that the floor calculations, when calculating total floor, include that the second floor shall not exceed 75 percent of the first floor. Attorney Spillias also stated that when calculating the 75% requirement, the first floor areas will include those portions of a structure utilized in establishing the maximum finished floor elevation which are enclosed and which share at least one wall with the remainder of the structure. Attorney Spillias mentioned that the recommendations for maximum building height for chimneys, including caps, was not to exceed four feet in height from the ridge of the roof. Attorney Spillias stated that it was recommended in the RSF district, for lots with 20,000 square feet or more, the FAR should be reduced from 36% to 32%. Attorney Spillias explained that bisected lots could not utilize both aspects of the lot to calculate floor area ratio, and that the recommendation is to allow the first 1,000 square feet of the un-built portion of the lot to be added to the buildable portion of the lot for the purpose of calculating floor area ratio, but still not exceed 36%. Mayor Kaleel thanked the
Planning and Zoning Commission for all their work. James Bonfiglio, Comm Bingham moved to adopt Ordinance 540 with the recommendations made by the Planning and Zoning Commission and recommendations by the staff today, seconded by Comm Schulte. Public Comment Mr. James McAndrew, Mr. McAndrew mentioned that he was worried about a lawsuit due to the lot separated by a street issue. He also stated that the Town is not being fair and does not feel the Commission is organized correctly. Mr. McAndrew recommended the Town be divided by district and have an advocate for each district to be represented. Mr. McAndrew summarized his feeling on the 75% rule being unmanageable. He also stated that the code is difficult to interpret and was over-regulated. Mr. McAndrew also mentioned there were too many words and the code should be to the point. Mr. McAndrew concluded that the Town should protect the tax base with newer bigger homes and is opposed to the 32% and 36% code. Mr. George Berlin, Shane Ames, Architect in Christina De Angelo, Comm Schulte stated he felt it is clear that homes can be rebuilt as they were and technical codes such as electrical and plumbing are the only codes that would have to be followed to date. Attorney Spillias read the definition that if any existing grandfathered structure provided for in the sub-section is destroyed by any means including fire, flood, etc., that the structure is permitted to be reconstructed according to the original development property construction. For example a 4,500 square foot home could be rebuilt to a 4,500 square foot home. Mayor Kaleel stated that it is clear that a home can be rebuilt as it was immediately before destruction and that if it needs to be made as an official interpretation he is in favor of that. Attorney Spillias stated he will make it a record of official interpretation of the definition and it will show in the minutes that a home can be rebuilt as it was immediately before destruction. Mayor Kaleel also clarified that exterior balconies and porches are not included in the floor area ratio and were taken out of the code. Attorney Carl Casio, retained by Mr. McAndrew, stated that he sat in through all of the Planning and Zoning Meetings and felt they were moving in the right direction. Attorney Casio advised he was asked by his client to assess the impact the new code would have on residents and wishes to be proactive with the Town and not a threat. Attorney Casio stated he evaluated three areas of the code he felt could be a potential problem. The first section Attorney Casio mentioned was the reduction of 36% to 32% floor area ratio in the RSF district. The second section of concern was the elimination of utilizing adjacent lots for lots over 1,000 square feet in the FAR calculation. Attorney Casio stated that the
RSF district for lots over 20,000 square feet was also a potential problem and
also the inclusion of bay windows, chimneys and other non-habitable
architectural features which are going to be included in the floor area ratio.
Attorney Casio stated the third section of concern is the 75% rule for second
stories which puts more restrictions on the architectural features. Attorney
Casio feels all three sections will continue to provide ambiguities in the
future. Attorney Casio also stated that the language in the code could be
tightened up further and stated he has spoken with Town Attorney Spillias on
changing the language. Attorney Casio also stated that he sent a letter to the
Town on Town Attorney Spillias clarified section 64-1 sub-paragraph 6, that when calculating floor area ratio roofed porches and balconies are exempt in that calculation and interior features, such as chimneys, are included. Attorney Spillias stated that the section concerning replacing a grandfathered structure due to natural causes was already in the code, however, he can add ‘original structure’ and any additions thereto to the grandfathered section. Linda Essig, Carol Harris, Town Clerk Hancsak advised that
when a permit is approved by the County a sign is posted for thirty days which
states what the permit is for and anyone can come into Town Hall and see the
permit to make sure they are comfortable that it meets all the codes. Mrs.
Harris questioned how long the meetings have to be advertised. Town Clerk
Hancsak advised that the time depends on what the meeting is, for example, this
First Reading by law was advertised seven days prior, and an ordinance must be
advertised ten days prior to the meeting and agendas are posted three days prior
to the meeting. Attorney Spillias stated that the minutes from Hank Green, Gilbert Panzer, 6810 N. Ocean Blvd, supported the recommendation of the change of 36% up to 20,000 square feet and 32% over 20,000 square feet. Mr. Panzer also commented that the Town should not legislate the colors of homes. Steve Greenhart, Jeff Lee, 15 Sabal Linda Essig, Gerry Goray, Earl Jones, Comm Schulte stated that there is only one major change in the code which is the change from 36% to 32% floor area ratio. Comm Schulte also commented that the code is not being changed to reduce the size. Comm Schulte advised that houses and styles will change and the code is in place for everyone’s protection. Mr. McAndrew commented that it is time for the Town to recognize some revisions are too much and unfair. Comm Pugh stated that he is an evolutionary and when he built his home he went through a variance process. Comm Pugh also mentioned that the septic systems are based on total area and will constrain the size of the house which has nothing to do with the floor area ratio. Comm Pugh advised that the houses being built do not seem to be small or unattractive and have conformed to the 36% rule. Comm Pugh also mentioned the Planning and Zoning members who made the recommendations are all residents and neighbors. Mr. McAndrew commented that a resident should not have to seek a variance to build a residential property in a residential town. Comm Pugh stated that he believes in the setback and floor area ratio calculations. Attorney Casio stated that in section 64-1, page 8, of the Planning and Zoning recommendations, it reads that the floor area occupied by bay windows, chimneys or other non-habitable architectural features, shall be included and shall be subject to the provision. Attorney Casio questioned if the inclusion of bay windows, chimneys and other non-habitable architectural features is going to decrease the amount of square footage under air. Attorney Spillias stated that they were included because they were under roof. Attorney Casio questioned the covered porches and balconies not being included in the floor area ratio and why exterior balconies had not been addressed. Town Clerk Hancsak advised the non-roofed exterior balconies were never included in the floor area ratio. Attorney Spillias also stated that exterior balconies shown in the exclusions can be put back in. Mayor Kaleel stated that exterior balconies should be clarified in the definition section. Christina De Angelo suggested that garages not be included in the floor area ratio and that it would make most people happy. Comm Bingham stated that she felt everyone had worked very hard on the code and feels that the code will create a place for children to play and will also eventually increase property values. Mayor Kaleel commented that it is an advantage to have history and knowledge of what happened in the past and it is important not to overlook that. Mayor Kaleel stated that there was a big push in 1996 to increase the FAR and that the 36% came out to be the right size. Mayor Kaleel commented that if the floor area ratio was increased to 42% that people would want 45% and it would be a never ending scale. Mayor Kaleel also stated that the architecture since the 1996 code has been very good and that overall the dimensions and styles have been a positive experience. Mayor Kaleel stated that the Planning and Zoning Commission looked at and examined the 75% rule. Mayor Kaleel also mentioned that he is open to the concept of a modified or controlled increase of size if done tastefully. Mayor Kaleel stated that it is important not to get overbuilt and that the changes in the proposed code have not been extreme. Mr. Bonfiglio stated that the Planning and Zoning Commission spent a lot of time discussing the 75% rule and considered abolishing it. Mr. Bonfiglio said he would be glad to look at it again but did not know if it would change the opinion of the Board. Mayor Kaleel stated that when joining two lots there is a potential to overbuild and the sanctity of the residential neighborhood must be considered. Mayor Kaleel commented that Architect Shane Ames had a good idea of 36% for the first 10,000 square feet and lower for the next 10,000 square feet. Mayor Kaleel also advised that it would be something for Planning and Zoning to look at in the future. Attorney Spillias advised that in the RSE district of 20,000 square feet or more, the floor area ratio is 32% and the concern is in the RSF district of 20,000 square feet or greater, two lots could be purchased and the floor area ratio can be 36%. Attorney Spillias stated that there is more incentive in a RSF than in a RSE district. Town Clerk Hancsak stated that it is 36% floor area ratio in the RSE and 32% lot coverage. Mayor Kaleel stated that you cannot compare Ocean Ridge to Manalapan or Gulfstream. Mayor Kaleel also advised that the septic fields do provide a restriction on what can be built and cannot be relied upon. Mayor Kaleel mentioned that a self contained septic unit has been approved, technology is changing and the Health Department cannot be relied upon for restrictions. Mayor Kaleel commented that the overall code is evolving and changing constantly to a level of reasonableness. Mr. Ames questioned what the code and rule is as of this date and also stated that in terms of massing the floor area ratio does not matter to an Architect who is dealing with lot size and setback. Town Clerk Hancsak stated that what is in the proposed book is the code now. Mr. Goray stated that 98% to 99% of the proposals are necessary and efficient. Mr. Goray also mentioned that past judgment of the 36% floor area ratio was not focused on by the Planning and Zoning Commission because it was not a proposed change. Mr. Goray advised that the Planning and Zoning Commission did discuss the 75% second floor ratio at great length and also stated that he agrees with Mayor Kaleel for the need to go forward. Attorney Spillias summarized the three amendments to be changed. Attorney Spillias stated the first item is the change in the floor area ratio definition to put back in the term exterior balconies as excluded from the calculations. The second change Attorney Spillias stated was to include in grandfathered provisions - any permitted additions thereto. Attorney Spillias advised the third change was the publication time for Planning and Zoning Meetings to be ten business days. Comm Bingham amended her motion to adopt Ordinance No. 540 with the P&Z and staff recommendations and include the three amendments as suggested by Attorney Spillias, seconded by Comm Schulte. Attorney Spillias stated that any subsequent changes cannot be made at the second reading. Attorney Spillias stated that a date needs be set for the second reading at least ten days after today’s date and requires at least five days notice. Town Clerk Hancsak stated she will make the calls and set the second reading. Motion carried - yea 5. Meeting was adjourned at
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____________________________ Town Clerk
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