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HomeMy Public PortalAbout11 14 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM, ON NOVEMBER 14, 2022, 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 Mayor Morgan led the Pledge of Allegiance. III. Roll Call Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley Vice Mayor Paul A. Lyons Commissioner Joan K. Orthwein Commissioner Thomas A. Smith Commissioner Also Present & Participating: Gregory Dunham Town Manager Edward Nazzaro Town Attorney Edward Allen Police Chief Renee Basel Town Clerk IV. Minutes A. Regular Meeting of October 14, 2022 B. Special Meeting of October 28, 2022 Commissioner Smith made a motion to accept the minutes of the Regular Meeting of October 14, 2022, as well as the Special Meeting of October 28, 2022. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Ordinances 22/7 and 22/8 were deferred to the December 9, 2022, meeting due to that meeting having to be moved from November 10, 2022, because of Hurricane Nicole. These will need to be re -advertised before the December 9, 2022, meeting. Item X. A. was deferred to the December 9, 2022, meeting and replaced with Bid Results for the fencing of back area at Town Hall. VI. Announcements. A. Regular Meetings and Public Hearings 1. December 9, 2022, at 9:00 A.M. 2. January 13, 2023, at 9:00 A.M. 3. February 10, 2023, at 9:00 A.M. 4. March 10, 2023, at 9:00 A.M. 5. April 14, 2023, at 9:00 A.M. Mayor Morgan called attention to the upcoming dates. VII. Communication from the Public (3 min. maximum) There was none. Minutes of Town Commission Regular Meeting November 14, 2022, @ 9:00 A.M. VIII. Public Hearing A. Declaration of Ex-Parte Communication Vice Mayor Stanley recused himself from voting on the 2775 Avenue au Soleil application due to a conflict of interest. B. Administer Oaths Town Clerk Basel swore in Nicholas Goldblatt, Richard Brummer and Joe Pehota. C. Applications for Development Approval 1. An application submitted by Ocean Avenue Custom Homes LLC, as agent for Benedetto DiCicco, owner of property located at 2775 Avenue au Soleil, Gulf Stream, Florida, legally described as Lot 93 Place au Soleil and 4-46-43. a. Level 3 Architectural/Site Plan Review to allow the construction of a new 6,970 sq. ft. Colonial West Indies single-family home with two -car garage and swimming pool. Mr. Nicholas Goldblatt, explained he was making the presentation on behalf of Shane Ames, with Ames International Architecture. He gave a re -cap of what had been discussed in the past and noted the changes that had been made per the request of the Commission and ARPB. He passed out color, tile, and wood samples to the Commission so they could see exactly what was going to be done as the color rendering was a bit off skew. Mr. Goldblatt explained they had removed the special exception of 300 sq. ft. and although it didn't change the look of the house from the front, it changed the look in the back. He added they changed the column color to match the house color and were no longer doing a tile column and the garage, front door and outlookers were now a different color wood. Commissioner Lyons didn't like the color of the wood and referred to a section of the Code that spoke about integrating with the house and he thought it highlighted or emphasized the garage. Mr. Goldblatt stated that the garage wasn't facing the front and noted the existing hedge as you drive into Place au Soleil and explained that the garage would not be a stand -out feature of the home. Town Manager Dunham stated that Mr. Canfield, a member of the ARPB, lived directly across the street and had commented in an ARPB meeting that he had no problems with this house. Mayor Morgan stated that he liked the color of the garage door and thought it tied in with the front door and outlookers on this style house. Commissioner Orthwein made a motion to approve a Level 3 Architectural/Site Plan Review to allow the construction of a new 6,970 sq. ft. Colonial West Indies single-family home with a two -car garage and swimming pool. Commissioner Lyons seconded the motion with all voting AYE at roll call. 2. An application submitted by Richard Brummer, Architect for Opus Homes D & E, as Agent for Joseph and Laura Pehota, 996 Pelican Lane, Gulf Stream, 2 Minutes of Town Commission Regular Meeting November 14, 2022, @ 9:00 A.M. Florida, legally described as S/D OF 9-46-43 NLY 109 FT OF WLY 94.52 FT OF E 227.50 FT OF LT 25. a. Demolition Permit to demolish existing structure. b. Land Clearing Permit to clear existing vegetation from the building site. C. Special Exception under Section 70-72(b) to increase the maximum permitted FAR by 96 square feet. d. Level 3 Architectural/Site Plan Review to permit the construction of a new 3,698 sq. ft. two-story Anglo-Caribbean-style single family dwelling with two -car garage, four bedrooms, bonus room, covered loggia and swimming pool. Mr. Richard Brummer, Architect, gave a recap of what they had changed per the recommendations of both the Commission and ARPB. He noted that the two parcels were in the process of annexation and everything from this point was looking at one parcel. With this, he added, it took away the need for variances. Mr. Brummer stated they had added bandings, detailing, siding, and shutters to make it more traditional Anglo Caribbean. He noted they had adjusted the roof pitch to a 5 and 12 from a 4 and 12. Mr. Brummer stated they had added mullions on all the back windows and sliders in the rear and reduced the amount of glass. Mayor Morgan asked if they had made the rear balcony a Chippendale to match the front, which they answered in the affirmative. Mr. Joseph Pehota stated they preferred to do all glass, like the Commission approved on a recent application for a house in Place au Soleil, but the ARPB highly recommended they do the Chippendale if they were seeking approval, as the glass would be more modern and not match the Anglo Caribbean architecture. Commissioner Lyons asked why they did not go with a 6 and 12 pitched roof that the Code encourages to which Mr. Brummer answered they didn't want such a large massing since the house was of a smaller scale. Commissioner Smith asked what the length of the dock and if setbacks were met to which Town Attorney Nazzaro stated there was no dock on this application and if they were seeking a dock the staff could approve that on a Level One Application at a later date. Mayor Morgan asked about the special exception of 96 sq. ft. and Mr. Brummer noted that it was the loggia in the back and the covered front entry. Vice Mayor Stanley made a motion to approve a Demolition Permit to demolish existing structure. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Land Clearing Permit to clear existing vegetation from the building site. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Special Exception to allow 96 sq. ft. of covered, unenclosed floor area that exceeds the maximum permitted floor area ratio. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 3 Minutes of Town Commission Regular Meeting November 14, 2022, @ 9:00 A.M. Vice Mayor Stanley made a motion to approve a Level 3 Architectural/Site Plan Review for construction of a 3,698 sq. ft. two- story, Anglo-Caribbean-style, single-family dwelling with a two -car garage, four bedrooms, bonus room, covered loggia, and swimming pool and Chippendale and picket combination rail on the rear balcony with the following conditions: 1. Prior to applying for any permits, except for the Demolition Permit, related to these approvals, the applicant will record a unity of title for the parcels that are part of the Town's Annexation Ordinance 22/8. 2. Any minor modifications to the approved 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 the issuance of a certificate of occupancy or certificate of completion, the owner of the property shall prepare and record a deed restriction which, at a minimum, shall provide that all roof projection areas required to remain unenclosed as per approval of this special exception shall remain for as long as the structure is in existence or exceeds the maximum permissible FAR. Commissioner Orthwein seconded the motion with all voting AYE at roll call. IX. Reports A. Town Manager 1. Update on Town Hall Tree Replacement Town Manager Dunham stated he and Anthony Beltran, Public Works Director, would be taking a trip to Clewiston, FL, on November 21, 2022, to look at a tree farm. Discussion was had regarding the type of tree the Commission would like as a replacement and it was decided either a live oak or green buttonwood. Determination was made that pictures would be taken and sent to Vice Mayor Stanley to approve since his family was in the nursery business. 2. Bluewater Cove Update Town Manager Dunham gave a heads up that the guardhouse and new signage was on the ARPB agenda and if approved would be coming to the Commission in December. He added they were going to wait until after the holidays to begin work. 3. CIP Update Town Manager Dunham stated that the 60% design submittal was due on December 9, 2022, with 90% due February 21, 2023, 100% plus permitting due April 6, 2023, and bidding scheduled for July 5, 2023. B. Architectural Review & Planning Board 1. Meeting Dates a. November 17, 2022, at 8:30 A.M. b. December 15, 2022, at 8:30 A.M. c. January 26, 2023, at 8:30 A.M. Minutes of Town Commission Regular Meeting November 14, 2022, @ 9:00 A.M. d. February 23, 2023, at 8:30 A.M. e. March 23, 2023, at 8:30 A.M. Mayor Morgan called attention to the meeting dates. C. Finance Director 1. Financial Report for October 2022 Town Manager Dunham drew attention to the highlights and comments by CFO Tew on the financial report. D. Police Chief 1. Activity for October 2022 Chief Allen asked that the report be accepted as submitted. He added that Mr. Delafield's stolen car had been located and the VIN had been changed resulting in the difficulty of locating it. He added that there had been an auto burglary at the B & T because a gentleman playing tennis had left his wallet and keys in the unlocked car. X. Items for Commission Action A. Bid Results - Fencing of Town Hall Town Manager Dunham referred to the memo given to the Commission with the bid results. Public Works Director Beltran explained the gate system and fencing and the location of where it would be located. Discussion was had about the aesthetics and how much would be exposed to the public. Town Manager stated it would all be screened except for the gate. Discussion was had about trespassers and Mr. Beltran noted that people were walking across the property even though he had asked them not to. It was decided to treat this like a normal application and defer it to the next meeting when the Commission could see a site plan with a survey and renderings of what it was going to look like. B. Ordinances 1. ORDINANCE NO. 22/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66, ZONING; ARTICLE II, BOARDS AND COMMISSIONS; DIVISION 5, ARCHITECTURAL REVIEW AND PLANNING BOARD; SECTION 66-72, BOARD MEMBERSHIP, TO INCREASE THE NUMBER OF ALTERNATE MEMBERS ELIGIBLE TO BE ON THE ARCHITECTURAL REVIEW AND PLANNING BOARD FROM TWO TO THREE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANACES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Second reading and adoption) This was deferred to the December 9, 2022, meeting. 2. ORDINANCE NO. 22/8; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 707 SQUARE FEET, MORE OR LESS, 9 Minutes of Town Commission Regular Meeting November 14, 2022, @ 9:00 A.M. GENERALLY LOCATED IMMEDIATELY SOUTH OF 996 PELICAN LANE; PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN MAPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Second reading and adoption) This was deferred to the December 9, 2022, meeting. 2. ORDINANCE NO. 22/11; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 34. UTILITIES; ARTICLE II. WATER SERVICE; SECTION 34-37. FIELD VISIT CHARGE; TO ADJUST THE FEE FOR A FIELD VISIT CHARGE; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFIACTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (First reading) Town Clerk Basel read the ordinance and Commissioner Smith made a motion to approve Ordinance No. 22/11 upon first reading. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. B. Resolutions 1. RESOLUTION 22-13; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022; PROVING AN EFFECTIVE DATE. Town Clerk Basel read the resolution and Vice Mayor Stanley made a motion to approve Resolution 22-13 with an effective date of November 14, 2022. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 2. RESOLUTION 22-14; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, OPPOSING CITY OF DELRAY BEACH ORDINANCE NUMBER 21-22; PROVIDING AN EFFECTIVE DATE. Town Attorney Nazzaro explained that this was a re -do of the re -zoning issue that they had won already regarding the empty lot next to Place au Soleil. A lawsuit was filed that the hearing wasn't held properly and at a subsequent re -hearing Mr. Nazzaro was asked if he had permission from the Commission to speak on behalf of the Town, but they didn't like just his word, rather they wanted an authorized approval, thus the reason for this resolution. Town Clerk Basel read the resolution and Commissioner Smith made a motion to approve Resolution 22-14 with an effective date of November 14, 2022. Commissioner Orthwein seconded the motion with all voting AYE at roll call. C. Items by Mayor & Commissioners Commissioner Lyons thanked the Staff and ARPB on the tremendous progress that had been made on the two applications heard earlier so that it was an easy approval for the Commission. 0 Minutes of Town Commission Regular Meeting November 14, 2022, @ 9:00 A.M. XI. Adjournment Mayor Morgan adjourned the meeting at 9:57 A.M. Rene Basel Town Clerk- 7