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HomeMy Public PortalAbout08 10 18 MeetingMINUTES OF THE REGUAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 10, 2018 AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Thomas W. Stanley Vice Mayor Paul A. Lyons, Jr. Commissioner Joan K. Orthwein Commissioner Also Present & Gregory Dunham Town Manager Participating: Edward Nazzaro Staff Attorney Edward Allen Police Chief Rita Taylor Town Clerk Absent W/Notice: Donna S. White Commissioner John Randolph Town Attorney IV. Minutes. A. Regular Meeting of July 13, 2018. Commissioner Lyons noted that his name was not included in the minutes of July 13, 2018 and that he was absent with notice. Vice Mayor Stanley moved to approve the minutes as amended and Commissioner Orthwein seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items There were no changes to the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 14, 2018 at 4:00 P.M. 2. October 12, 2018 at 9:00 A.M. 3. November 9, 2018 at 9:00 A.M. 4. December 14, 2018 at 9:00 A.M. 5. January 11, 2019 at 9:00 A.M. 6. February 8, 2019 at 9:00 A.M. B. Proposed Budget Hearing Dates 1. September 14, 2018 at 5:01 P.M. (1St Budget Hearing) 2. September 19, 2018 at 5:01 P.M. (Final Budget Hearing) Mayor Morgan called attention to all of the September meeting dates which include the 2018/2019 Budget Hearings. VII. Communication from the Public (3 min. maximum) 1 Town Commission Regular Meeting & Public Hearing Held August 10, 2018 at 9:00 A.M. Kristine de Haseth was recognized and announced that for the first time the Florida League of Cities is holding the District 4 Luncheon here at the Delray Beach Golf Club on August 15th and she encouraged the Town officials to attend. VIII. PUBLIC HEARING. A. Declaration of Ex -Parte Communication There was no Ex -Parte Communication declared. B. Administer Oaths The Town Clerk administered the Oath to Rustem Kupi and Dave Bodker. C. Applications for Development Approval 1. An application submitted by Rustem Kupi, Architect, as agent for Michael Cannizzaro, owner of property located at 3112 Gulf Stream Road, Gulf Stream, Florida 33483, legally described as Lot 20, Gulf Stream Properties. Mr. Kupi displayed drawings of the proposed construction and explained this is a two story Bermuda home with 2 -car garage, pool and pool cabana, a total of 4,639 sq. ft. He pointed out that the second floor is small with only 3 bedrooms and is set back from the edges of the first story as required by code. He called attention to the small parking space in front of the home on Gulf Stream Road with the driveway and garage off Middle Road. Mr. Bodker displayed color renderings of the extensive landscaping and explained the arrangement of the various species. He said that all of the setbacks are met which gives ample space on all 4 sides for lawn and a wide variety of trees. Commissioner Lyons asked if there had been comment from any of the neighbors and was advised that the neighbor across the alley had called and asked for a copy of the plan which was sent immediately and she called a few weeks later to request that a construction fence be erected to prevent dirt from blowing across to her property. She was advised that would be done and she replied that she had no objections. a. DEMOLITION PERMIT to demolish existing buildings. Commissioner Orthwein moved to approve the demolition of the existing building, Commissioner Lyons seconded the motion and all voted AYE. b. LAND CLEARING PERMIT to clear lot to prepare for construction. Commissioner Orthwein moved to approve clearing the lot to prepare for construction. Commissioner Lyons seconded the motion and all voted AYE at the roll call. c. SPECIAL EXCEPTION to permit 162 sq. ft. over maximum permitted FAR. Vice Mayor Stanley moved to approve a Special Exception to permit the construction of an additional 162 sq. ft., which exceeds the maximum permitted Floor Area Ratio. Commissioner Lyons seconded the motion and all voted AYE. 2 Town Commission Regular Meeting & Public Hearing Held August 10, 2018 at 9:00 A.M. d. LEVEL III ARCHITECTURAL/SITE PLAN REVIEW to permit construction of 4,639 sq. ft. two-story, single family Bermuda/British Colonial architectural style home with attached garage, pool and pool cabana. Vice Mayor Stanley moved to approve a Level 3 Architectural/Site Plan based on a finding that the proposed construction of a Bermuda/British Colonial style, two-story, single family dwelling with attached garage consisting of 4,639 sq. ft. with a swimming pool and pool cabana meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Prior to the issuance of a Certificate of Occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas shall remain unenclosed as per approval of the Special Exception for as long as the structure is in existence or exceeds the maximum FAR. 2) Any minor modifications in the existing landscaping shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 3) Prior to shutters being installed, a full scale example showing each color, shall be presented and available to the Board. 4) The fence on the south side shall be moved back to a distance of 7.5 ft. from the edge of the pavement on Middle Road. Commissioner Lyons seconded the motion and all voted AYE. IX. Reports. A. Town Manager 1. Utility Undergrounding Town Manager Dunham reported that FP&L have replaced the old transformer at the Little Club with a new one and they have a weeks work connecting the condos on the east side of AlA north of Sea Road and 2 buildings on County Road. This will complete the FP&L work. The Town Manager said they will be meeting with Comcast and AT&T next week regarding a starting date and urging them to work simultaneously. He said if they were to do the work separately it would most likely take a year to complete all of the work. Commissioner Lyons asked if there are any other things we can do to expedite this and the Mayor reminded that we are withholding money and still have the attorney that was used to bring pressure on them before. 2. Drainage Structure Update Mr. Dunham reported that the contractor will be starting work on this the first of the week and the plan is to close the street since they will be installing two drainage structures on Polo Drive. He said 3140 Polo is cooperating with these efforts as their lot is being used for parking & material storage. He added that this project is expected to be completed in 2 weeks. 3. 2018/2019 Budget Update The Town Manager reported that staff has been working on alternatives to the health insurance provisions included in the budget 3 Town Commission Regular Meeting & Public Hearing Held August 10, 2018 at 9:00 A.M. and it is his recommendation that staff continue to work on this with discussions to take place when preparing the 2020 budget. He said the goal would be to bring forth recommendations that would keep Gulf Stream competitive in the hiring process and develop goals that would be for all of the employees and affordable for the Town. He said it is his goal to, during the coming year, meet with each member of the Commission individually on these matters. Commissioner Lyons suggested that perhaps it would be beneficial to seek assistance from a consultant on this matter. B. Architectural Review & Planning Board 1. Meeting Dates a. No August Meeting b. September 27, 2018 at 8:30 A.M. c. October 25, 2018 at 8:30 A.M. d. November to be determined. e. December 27, 2018 at 8:30 A.M. f. January 24, 2019 at 8:30 A.M g. February 28, 2019 at 8:30 A.M. Mayor Morgan called attention to these meeting dates. C. Finance Director 1. Financial Report for July 2018 There were no questions regarding this report. 2. Water Usage as of July 31, 2018 There were also no questions with regard to the water usage report and Mayor Morgan declared both reports be accepted as submitted. D. Police Chief 1. Activity for July 2018 Chief Allen reported that there are no additions to his report and he asked that it also be accepted as submitted and the Mayor did so declare. X. Items for Commission Action. A. Ordinance No. 18/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ELIMINATING REFERENCES TO ITEMS CATEGORIZED AS DISCOURAGED AND DECLARING THEM PROHIBITED BY AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE V. SITE PLANS; DIVISION 2. ARCHITECTURAL/SITE PLAN REVIEW -LEVELS 1, 2 AND 3; SECTION 66- 141, APPLICABILITY; AMENDING CHAPTER 70, GULF STREAM DESIGN MANUAL; ARTICLE 1, IN GENERAL; AT SECTION 70-4, HOW TO USE THIS MANUAL; AMENDING CHAPTER 70, ARTICLE V, AREAWIDE STANDARDS; DIVISION 1, GENERAL ARCHITECTURAL STANDARDS; SECTIONS 70-97, ARCHITECTURAL STYLE; 70-98 BUILDING FORM; 70- 99, ROOF DESIGN, SLOPE, AND MATERIALS; 70-100, ROOF AND EAVE HEIGHTS; 70-101, WINDOWS; 70-102, SHUTTERS AND AWNINGS; 70- 103, ENTRANACES; 70-104 EXTERIOR MATERIALS; 70-105, GARAGES AND ACCESSORY BUILDINGS; 70-106, COLOR; 70-107 ADDITIONS AND REHABILITATIONS, AND REPLACEMENT OF EXISITING FEATURES; 4 Town Commission Regular Meeting & Public Hearing Held August 10, 2018 at 9:00 A.M. AMENDING CHAPTER 70; ARTICLE V; DIVISION 2, SPECIAL EXCEPTION ARCHITECTURAL STANDARDS; SECTION 70-126, ADDITIONS AND REHABILITATIONS INCORPORATING A PROHIBITED DESIGN ELEMENT THAT IS AN INTEGRAL PART OF THE DESIGN OF THE EXISTING STRUCTURE; AMENDING CHAPTER 70; ARTICLE V; DIVISION 3. GENERAL LANDSCAPE STANDARDS; SECTION 70-148, PRINCIPLES; AMENDING CHAPTER 70; ARTICLE V; DIVISION 4. GENERAL OUTDOOR LIGHTING STANDARDS, SECTION 70-169, STANDARDS; AMENDING CHAPTER 70; ARTICLE VI, DISTRICT STANDARDS; SECTION 70-187, TABLE OF DISTRICT STANDARDS; AMENDING CHAPTER 70; ARTICLE VII, PREDOMINANT ARCHITECTURAL STYLES; DIVISION 2. SPANISH MEDITERRANEAN REVIVAL STYLE ARCHITECTURAL STANDARDS, SECTIONS 70-217 BUILDING FORM; 70-218, ROOFS; 70-219, WINDOWS; 70-220, ENTRANCES; 70-221 EXTERIOR MATERIALS; COLORS; 70-222, GARAGES; ACCESSORY BUILDINGS; AMENDING CHAPTER 70; ARTICLE VII; DIVISION 3, GULF STREAM -BERMUDA STYLE, SECTIONS 70-237, BUILDING FORM; 70-238, ROOFS; 70-239, WINDOWS; 70-240, SHUTTERS; 70-241, ENTRANCES; 70-242, EXTERIOR MATERIALS; COLORS; 70-244, GARAGES; ACCESSORY BUILDINGS; AMENDING CHAPTER 70; ARTICLE VIII, SUPPLEMENTAL DEVELOPMENT REGULATIONS; SECTIONS 70-266, TELEVISION ANTENNAS; SATELLITE DISHES; 70- 267, MECHANICAL EQUIPMENT; 70-268, FRONT YARD ACCOUTREMENTS, 70-260 MAILBOXES; AMENDING CHAPTER 70; ARTICLE IX, APPENDIX; SECTION 70-297, DEVELOPMENT REVIEW PROCESS; AMENDING CHAPTER 71, GULF STREAM DESIGN MANUAL RM WEST AND RM EAST MULTIPLE - FAMILY RESIDENTIAL DISTRICTS; SECTION 71-7, MULTIPLE -FAMILY RESIDENTIAL DESIGN GUIDELINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (First Reading) The Town Clerk read Ordinance No. 18/4 by title only on First Reading and there were no questions. Mayor Morgan complemented the ARPB and the Staff on the amount of time and work spent on these changes. Commissioner Orthwein moved to approve Ordinance No. 18/4 on First Reading and the motion was seconded by Vice Mayor Stanley with all voting AYE at roll call. B. Items by Mayor & Commissioners 1. Commissioner Lyons asked when the house at 3140 Polo Drive would be completed and questioned if there should be some type of legislation to control the time allowed for construction. Staff Attorney Nazzaro advised that some Towns have Ordinances for this and it was found that a limit of 2 years had been used structures comparable to those that are constructed in Gulf Stream which is approximately the time that 3140 has been under construction. He went on to say that when this was reported at a previous meeting it had been determined that there are so few that go beyond this limit that it did not seem worthwhile to adopt legislation. 5 Town Commission Regular Meeting & Public Hearing Held August 10, 2018 at 9:00 A.M. Vice Mayor Stanley said those ordinances set the limits by square footage in the structure and he believed 10,000 sq. ft. buildings are allotted 24 months. Mayor Morgan believed that with the changes being brought about in the new Ordinance No. 18/4, this house could not be built. The Commissioners suggested that since most of the work is now inside the structure perhaps the landscaping could be installed and Mr. Dunham said that may be possible when the Town's drainage improvement has been completed. Mayor Morgan directed that a meeting between the owner, Mr. Dunham and himself be arranged to discuss this matter. 2. Mayor Morgan noted the passing of Scott Tiernan a long term resident in Gulf Stream passed away on July 27th. He said Mr. Tiernan was a larger than life personality, a former partner in the firm Allman, Tiernan and Ely, Corcran group. The Mayor described him as an adventurer, a guy with a big smile, a big heart, one who took over the room when he walked in. He expressed condolences to Linda Stokes, his mother, Marty Ely, his sister, Michael Tiernan, President of the B and T, Kim Tiernan, Family and Friends. XI. Adjournment. Mayor Morgan adjourned the meeting at 9:45 A.M. Rita L. Taylor Town Clerk 0