HomeMy Public PortalAbout03/14/1983 * Public Hearing & Comprehensive Zoning MeetingC
There will be a
Meeting of a GCommission
of
THE TOWN OF GULF STREAM, FLORIDA
AT THE TOWN HALL
&kkr March 1419 83 , at 5:00 .P.M.
Deputy Town Clerk.
SECOND PUBLIC HEARING
CamPREHENSIVE ZONING
March 14, 1983
PRESENT: William F. Koch, Jr. Mayor
Joel Hunter Vice Mayor
Alan I. Armour Commissioner
Brian Pfeifler Commissioner
Robert J. Dixson Commissioner
Also Present: Town Manager William Gwynn, Town Attorney John Randolph,
Thomas 0. Boucher and William Mayer, Planning Board, Gene
Caputo, Executive Management, Town Clerk Barbara Gwynn.
The Public Hearing to consider the Zoning Ordinance and passage of same was
called to order by Mayor Koch at 5:00 P.M., and Roll Call was taken.
Attorney Randolph stated that pursuant to Florida State Statutes, advertis-
ing has been done and proper procedures have been followed in regard to the
adoption of the of the Zoning Ordinance, and he was prepared to advise the
Commission to put the Ordinance on second and final reading after the Public
Hearing. Under the law, everything has been done to put the Ordinance into
effect. However, in light of last Friday's meeting, it was his thought that
a notice be sent to all property owners at least 21 days before the meeting
is held to consider the proposed amendment. He stated that he has prepared
a letter to be sent out by the Town Clerk, which will allow more than 21
days before the April 8th meeting. A Public Hearing would be held at that
time to hear all property owners, and at the conclusion of that meeting,
the Ordinance would be put on second and final reading.
Town Manager Gwynn read into the record a letter (certified mail) received
from Kathryn Houbler, objecting to the adoption of Ordinance #83 -1, also
questioning the legality of Ordinance #81 -4, and objecting to the name of
Pope Drive being changed to Wrightway.
There was much disucssion in regard to the property in question.
Motion was made and seconded to adjourn the Second Public Hearing at this
time, and the Third Public Hearing is to be held April 8, 1983, at 9:00 A.M.
Notion passed.
After Commissioner Armour's question to Attorney Randolph regarding the
adjournment, it was decided to rescind the adjournment motion, so further
matters regarding the amendment could be discussed.
There was discussion regarding the revisions of the map, and Gene Caputo
stated that everything has been changed on the map, excepting the beach
access point. Also, on the map, the lot at Place Au Soleil previously dis-
cussed has been changed.
Second Public Hearing
Comprehensive Zoning
March 14, 1983 - Page 2
In regard to the mailing, Attorney Randolph recommended that it be sent
certified mail. There was discussion regarding same, and it was stated
that the Ordinance does not require it, and due to the expense involved,
it was decided that it be sent regular mail, to all property owners in
the Town.
A motion was made and seconded to include the changes in the final draft.
Notion passed.
At this time Commissioner Pfeifler re- stated the previous motion, which
was seconded, that in accordance with Counsel's advice, they advertise,
publish, and mail out written notices to the property owners from the tax
roll, and that the Third Public Hearing is to be held April 8, 1983, at
9:00 A.M. Motion passed.
Attorney Randolph stated that it was his thought that there will have to
be stricter regulations in regard to how long a person has to apply to
Town Hall before he can get on an agenda. This is the usual procedure in
most communities, that a person has to have consulted with the Planning
Board 15 days before the Commission Meeting, in order to be put on the
agenda. He suggested drafting a procedure and the Commission concurred
on same. It would deal with people asking to have something done with
their property. This would be considered as rules of procedure adopted
by the Board and the Commission.
Attorney Randolph read into the record the title of the Ordinance No. 83 -1
being considered:
AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH, FLORIDA,
AMENDING ORDINANCE NO. 108 OF THE TOWN IN ITS ENTIRETY BY
PROVIDING FOR A NEW COi4PREHENSIVE ZONING ORDINANCE TO PRO- -
MOM THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE
INHABITANTS OF THE TOWN OF GULF STREAM, FLORIDA, REGULATING
THE USE OF LAND, WATER, BUILDINGS AND STREETS, WITHIN THE
TOWN OF GULF STREAM, REGULATING THE LOCATION, HEIGHTS, SIZE
OF BUILDINGS AND STREETS, THE SIZE OF YARDS AND OTHER OPEN
SPACES, THE DENSITY AND DISTRIBUTION OF POPULATION, AND FOR
SAID PURPOSES CREATING DISTRICTS AND ESTABLISHING THE BOUND-
ARIES THEREOF, AND ADOPTING A MAP OF SAID DISTRICTS, DEFINING
CERTAIN TERMS USED, ESTABLISHING A BOARD OF ADJUSTMENT AND
TOWN PLANNING BOARD, PROVIDING FOR THE ENFORCFS?ENT AND AMEND -
MENT THEREOF, PROVIDING FOR PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS, PROVIDING FOR SEVERABILITY, PROVIDING EFFECT-
IVE DATE.
Commissioner Dixson stated that the new Ordinance is designated as an
amendment to the previous Ordinance. There should be a repealer, knock-
ing out the previous Ordinances, and this becomes the Ordinance de novo.
Attorney Randolph agreed and stated that the title should be amended to
Second Public Hearing
Comprehensive Zoning
March 14, 1983 - Page 3
reflect that. It is covered in the text of the Ordinance, but not in the
title, and it might be wise to change the title to advise that it is being
repealed, and this is a new Ordinance. Ccnndssioner Dixson stated that will
have to go in the letter being mailed out.
Town Manager Gwynn stated that the date originally set for March 22, 1983
for interviewing of the three consulting engineers will have to be changed,
and March 31, 1983, at 9:00 A.M. is the date now set for same. Commissioner
Dixson stated that the firms should not be limited to 15 minutes as previous-
ly stated, but they should devote all the time necessary to get all the in-
formation, advice and guidance needed from each firm in order to make the
kind of decision necessary, since this matter is of such dimension.
There being no further business to come before the Conmission, the meeting
adjourn ed at 5:45 P.M.
Barbara Gwynn
Town Clerk
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NOTICE OF ZONING CHANGE
The Town of Gulf Stream, Florida, proposes to rezone
the land within the area shown in the map in this advertisement
by adoption of a new comprehensive zoning ordinance amending the
regulations in all zoning districts designated on the map shown
herein and by amending zoning district classifications.
Public Hearings on the rezoning will be held by the
Town Commission of the Town of Gulf Stream, 246 Sea Road, Gulf
Stream, Florida, at 5 :01 P.M., Thursday, February 24, 1983 and at
5:01 P.M. on Monday, March 14, 1983.
The proposed channe in the zoning regulationsand
districts within the map shown herein provide for amendments to
the regulations within each district, including, but not limited
to, amendments to set - backs, height, size of buildings and structures,
density and other general regulations as well as creating and amending
certain zoning district classifications.
The ordinance is designated as follows:
ORDINANCE NO. 1 -83
AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 108 OF THE TOWN IN ITS ENTIRETY BY PROVIDING
FOR A NEW COMPREHENSIVE ZONING ORDINANCE TO PROMOTE THE HEALTH,
SAFETY, MORALS AND GENERAL WELFARE OF THE INHABITANTS OF THE TOWN
OF GULF STREAM, FLORIDA;REGULATING THE USES OF LAND, WATER, BUILDINGS
AND STRUCTURES WITHIN THE TOWN OF GULF STREAM; REGULATING THE
LOCATION, HEIGHT, SIZE OF BUILDINGS AND STRUCTURES, THE SIZE OF
YARDS AND OTHER OPEN SPACES, THE DENSITY AND DISTRIBUTION OF POPULATION
AND FOR SAID PURPOSES,CREATING DISTRICTS AND ESTABLISHING THE BOUNDARIES
THEREOF AND ADOPTING A MAP OF SAID DISTRICTS; DEFINING CERTAIN TERMS
USED; ESTABLISHING A BOARD OF ADJUSTMENT AND TOWN PLANNING BOARD;
PROVIDING FOR THE ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
All interested parties may appear at the hearings at
the stated time and place and ba heard with raspect to the proposed
zoning ordinance.
Anyone desiring to appeal a decision of the presiding
body on matters considered at these meetings, or hearings, will
need a record of the proceedings. He may need to insure that a
verbatim record is made, including the testimony and evidence on
which the appeal is based.
Copies of the proposed zoning ordinance are available
for public inspection in the office of the Town Clerk, Town of
Gulf Stream, 246 Sea Road, Gulf Stream, Florida, Monday through
Friday during the hours of 9:00 A.M. to 2:00 P.M.
Barbara Gwynn, Town Clerk
Address of Property Owner:
Re: Notice of Zoning Hearing
Dear Gulf Stream Property Owner:
As a property owner in the Town of Gulf Stream, Florida, you
are hereby notified of a public hearing which shall be held
by the Town Commission of the Town of Gulf Stream on April
8, 1983 at 9:00 a.m. at the Town Hall, Town of Gulf Stream,
246 Sea Road, Gulf Stream, Florida, to consider proposed
zoning amendments which may affect your property.
The proposed change in the zoning regulations and districts
within the map shown herein provide for amendments to the
regulations within each district, including but not limited
to amendments to setbacks, height, size of buildings and
structures, lot size, density and other general regulations
as well as creating and amending certain zoning district
classifications.
The ordinance to be considered for adoption subsequent to
the public hearing is designated as follows:
ORDINANCE No. 1 -8
AN ORDINAN'�.E OF THE TOWN OF LF STREAM, PALM BEACH
COUNTY, FLO'IDA, AMENDING DINANCE NO. 108 OF THE
TOWN IN ITS TIRETY BY P OVIDING FOR A NEW COMPRE-
HENSIVE IONS
ORDINAN TO PROMOTE THE HEALTH,
SAFETY, MORALS D G RAL WELFARE OF THE INHABITANTS
OF THE TOWN OF G F TREAM, FLORIDA; REGULATING THE
USES OF LAND, WAT BUILDINGS AND STRUCTURES WITHIN
THE TOWN OF GUL ST M; REGULATING THE LOCATION,
HEIGHT, SIZE BUILD GS AND STRUCTURES, THE SIZE
OF YARDS AND THER OPEN PACES, THE DENSITY AND
DISTRIBUTI OF PO PULATI AND FOR SAID PURPOSES,
CREATING STRICTS AND EST LISHING THE BOUNDARIES
THEREOF ND ADOPTING A MAP SAID DISTRICTS: DE-
FINING/CERTAIN TERMS USED; ES BLISHING A BOARD OF
ADJUS7MENT AND TOWN PLANNING B RD; PROVIDING FOR
THE ENFORCEMENT AND AMENDMENT T EREOF; PROVIDING
FOR PENALTIES FOR THE VIOLATION OF ITS PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
March 15, 1983
Re: Notice of Zoning Hearing
Dear Gulf Stream Property Owner:
As a property owner in the Town of Gulf Stream, Florida, you are
hereby notified of a public hearing which shall be held by the
Town Ccn ission of the Town of Gulf Stream on April 8, 1983 at
9:00 a.m. at the Town Hall, Town of Gulf Stream, 246 Sea Road,
Gulf Stream, Florida, to consider proposed zoning amendments
which may affect your property.
The proposed change in the zoning regulations and districts with-
in the map shown herein provide for amendments to the regulations
within each district, including but not limited to amendments to
setbacks, height, size of buildings and structures, lot size, den-
sity and other general regulations as well as creating and amending
certain zoning district classifications.
The ordinance to be considered for adoption subsequent to the
public hearing is designated as follows:
C ORDINANCE No. 1 -83
AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, RESCINDING ORDINANCE NO. 108 OF THE
TOWN AS AMENDED, IN ITS ENTIRETY AND ADOPTING A NEW
COMPREHENSIVE ZONING ORDINANCE TO PROMOTE THE HEALTH,
SAFETY, MORALS AND GENERAL WELFARE OF THE INHABITANTS
OF THE TOWN OF GULF STREAM, FLORIDA; REGULATING THE
USES OF LAMED, WATER, BUILDINGS AND STRUCTURES WITHIN
THE TOWN OF GULF STREAM; REGULATING THE LOCATION,
HEIGHT, SIZE OF BUILDINGS AND STRUCTURES, THE SIZE
OF YARDS AMID OTHER OPEN SPACES, THE DENSITY AND
DISTRIBUTION OF POPULATION AND FOR SAID PURPOSES,
CREATING DISTRICTS AND ESTABLISHING THE BOUNDARIES
THEREOF AND ADOPTING A MAP OF SAID DISTRICTS: DE-
FINING CERTAIN TERMS USED: ESTABLISHING A BOARD OF
ADJUSTMENT AND TOWN PLANNING BOARD• PROVIDING FOR
10411031 C
• •z • i • • • • ••u
PROVIDING • • aRA PROVIDING AN EFFy
All interested parties may appear at the hearing at the stated
time and place and be heard with respect to the proposed zoning
ordinance.
Anyone desiring to appeal a decision of the presiding body on
matters considered at this meeting, or hearing, will need a
record of the proceedings. He may need to insure that a
verbatim record is made, including the testimony and evidence
on which the appeal is based.
Copies of the proposed zoning ordinance and amendments are
available for public inspection in the office of the Town Clerk,
Town of Gulf Stream, 246 Sea Road, Gulf Stream, Florida, Monday
through Friday during the hours of 9:00 a.m. to 2:00 p.m.
Town Clerk
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COMMISSIONERS
William F Koch. Jr. Mayor
Jna Hunte, Vic. Muyur
Alan t Armnm
Robert J Duson
Brian Pleltler
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
1
. e
March 21, 1983
Mary O'Connell
Delray News Journal
Box 760
Delray Beach, Florida 33444
Dear Ms. O'Connell,
Please be advised of the following meetings:
Special Commission Meeting - March 23, 1983, 9:00 A.M.
Gulf Stream Town Hall, 246 Sea Road, Gulf Stream, Fla.
Special Commission Meeting - March 31, 1983, 9:00 A.M.
Gulf Stream Town Hall, 246 Sea Road, Gulf Stream, Fla.
Gulf Stream Planning and Zoning Board - April 6, 1983
9:00 A.M., 246 Sea Road, Gulf Stream, Florida, Gulf
Stream Tam Hall.
Regular Commission Meeting - April 8, 1983, 9:00 A.M.
Gulf Stream Torun Hall, 246 Sea Road, Gulf Stream, Fla.
Barbaran'Ti�N..
Torun Clerk
.L0 tl l to , /�� l ad y k, . 1 °Y
V
MAIL ADDRESS
tae SEA ROAD
GULF STREAM, FLORIDA
33a/a
TEL GULF STREAM
278 -5118
Town Manager
WILLIAM E. GWYNN
Deputy Town Clera
BARBARA GWYNN
Chief of PONCA
JAMES GREER
A
Mr. William F. Koch, Jr.
900 East Atlantic Avenue
Delray Beach, FL 33444
March 18, 1983
RE: Harriet P. Phipps Estate Property
4000 County Road
Gulfstream, Florida
Dear Mr. Koch:
This will confirm our conversations with Fred J. Schwind of our
Bessemer Trust Company office in Palm Beach.
We have conferred with the beneficiaries of the Estate of Harriet
Phipps regarding the sale of the above property to the Town of Gulfstream
and offer the following:
1. Sale price of $265,000 - all cash.
2. 60 day closing
3. No commissions on brokerage to be incurred by the estate, this would
be a net cash transaction of $265,000.
4. Sale does not include any personal property located in either the
chauffeur cottage or garage /office.
5. No additional expenses will be incurred by the estate for items such
as a survey, should one be desired.
Written acceptance of the above terms of sale must be received on or
before 12 noon March 25, 1983 at the offices of Bessemer Trust Company of
Florida - 249 Royal Palm Way, Palm Beach, Florida 33480 to the attention
of Fred J. Schwind
AJP,Jr. /hm
Very truly yours,
/s/ AUSTIN J. POWER, JR.
Austin J. Power, Jr.
Senior Vice President
w
-13E39p.Ai .$it ,2 is LiS 2' t;`e ?M1pyS.,tY isP FLORIDA
1 �Anht F3p ar4, Fzeyx:te.� _itu3A0 .
aiye'rix �i, Pox�r„ Js�y .
^_rxtW,�:Y!:4 Pei:!. rxrr march Ise 114
Mr A wilif"» V1, KG lh, Jr,
5CIO Saps Atlantic, R6'Bnu9
Delray Beach, pi, 33444
Re: Harriet P. Phipps 3state Property .
Road
U04,z ' r s isoch i
This Will canfism 0-;Jr .'.rt;1 ?!f' `MT: 'ivTSH with Pr 'd 13,
scFamL#. a:€ c- t 3 98semer ^rust Company office it' Pa1r Beach.
We have confari+ed with the e_- Ifmj L46tabe
of Harriet Phipps raaardinq tkve -aaie of the aGave Property to
W ,,Pm of V»lestreait and offer the faila;?inq -;
$ate p =rite of yr 56�All:o al—, • aAh
3, tic comtlaaiomi an brokerage to he incurred
by the 8statar this wotila btu a net caab
transaction of
i. uilyd does not include ally PersoTTal property
i<aat•ed in either the ohatiffeur r_:ttage
or gar3�}9,�wlira iL'$.
. 110 �itlillk t =a a:»? x'a sr� e will " incurred by
*ne. Esta te for items such as a awry ®y,
should ene bla desired.
WxItt9,n aeteptance of the *bovo terms of $Ile must be
s;;ceived can or before 12 hoon March 25, 1983 at thQ officjs of
$a$Oefter Trtt.st COMPany of ?lori4a r 20 Royal Palm zWsy e Rahn
ae. -ailhe Florida 3300 to C. i'red J. 3chwIngV
Very truly _V ;1rzf
a1 Tii?'>3. 42a +Z• Y; f y !, V L V q T
haF, ar „bTm eni-or Vic$ Pre$ioant
A'FFMATED Wirt! '
P�V.,R MM ZS TAUT COMPAW, >i:A, or Ncw YORY= AND
SEg SEMEA YgUSY COMFA,HY, NS'.Y:.9f "Ew .,SR49ey
s,_�c_ A ,rr ;nY,'.L'..?+r"•iKt37'!_h #+J�*+E....' ; ,�.,,... -._:,- I
COMMISSIONERS
William F Koch, Jr., Mayor
Joel Hunter. Vice Mayor
Alan I Armour
Robert J M.son
Rllnn Ptnlller
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
MAIL ADDRESS
246 SEA ROAD
GULF STREAM, FLORIDA
M444
TEL.'. GULF STREAM
I 2765116
Tnwn Men.,i
Wit I.IAM 4 GWYNN
Deputy Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
March 22, 1983
Honorable William F. Koch, Jr
246 Sea Road
Gulf Stream, Florida 33444
Dear Mayor Koch:
It is my understanding that the owners of the
Phipps property located across Sea Road from the
Town Hall have agreed to sell to the Town for the
sum of $265,000.00, no commissions involved, subject
to contract.
In as much as I shall be in New Jersey at the time
of the meeting, I wish to express my affirmative vote
in favor of the purchase.
Sincerely yours,
Robert Dixson
Town Commissioner
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