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HomeMy Public PortalAbout04/11/1986COMMISSIONERS WILLIAM F. XOCH, JR., Mayor JOEL HUNTER, Vice Mayor ALAN I. ARMOUR ROBERT J. DIXSON BRIAN PFEIFLER TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA AGENDA TOWN COMMISSION MEETING APRIL 11, 1986 1. Roll Call. 2. Approval of Minutes: March 14, 1986 and March 26, 1986. 3. Staff Report. a. Financial Report b. Police Report c. Manager's Report d. Bond Issue Project Report e. Town Attorney Report f. Public Works Report g. Code Enforcement Officer MAIL ADDRESS 246 SEA ROAD GULF STREAM, FLORIDA 33444 TEL.: GULF STREAM 2]65115 Town Manager WILLIAM E. GWYNN Town Clerk BARBARA GWYNN Chief of Police JAMES GREER 4. Planning and Zoning Board Report P.B. #86 -2 - A request by William Evans for the replatting of property located at 1919 N. Ocean Blvd. to be known as the William H. Evans Subdivision. P.B. 1186 -9 - A request by John Therien for site plan approval of a new single family residence to be located at 445 Old School Road and described as Lot 4, H.V. pope Subdivision. P.B. 1186 -10 - A request by Jens Hartung for site plan approval of a new single family residence to be located at 2740 Cardinal Circle and described as Lot 8, Place Au Soleil. BOA 112 -86 - A request by Dr. William Luke for variance to Section VII.K.L. o: the Zoning Ord. reducing the single family side yard setback from the re- quired 22.5 feet toa proposed 12.0 feet for the construction of an addition to an existing single family residence located at 530 Middle Road and described as Lot 18 and the east half of Lot 17. Gulf Stream Cove. P.B. 1186 -11 - A request by Dr. William Luke for site plan approval of an addition to an existing single family residence at 530 Middle Road and described as Lot 18, and the east half o Lot 17, Gulf Stream Cove. 5. Second and Final reading of Ordinance 86 -2 - Zoning change. 6. First reading of Water Ordinance 86 -3. 7. Commissioner Comments /Recommendations. 8. Public Comments /Request. 9. Adjournment. COMMISSIONERS William F. Koch, Jr., Mayor Joel Hunter, Vice Mayor Alan I. Armour Robert J. Di,son Brian Pfelller 1 2 3 Roll Call. PTBAPT1t TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA MAIL ADDRESS 246 SEA ROAD MINUTES GULF STREAM, FLORIDA x]444 TOWN COMMISSION PUBLIC HEARING AND MEETING TEL.: GULF STREAM 2765116 April 11, 1986 Town Manager WILLIAM E. GWYNN Deputy Town Clerk BARBARA GWYNN Chief of Police JAMES GREER Others Present Mayor Koch Vice Mayor Hunter Commissioner Armour Commissioner Dixson Commissioner Pfeifler Public Hear Bill Gwynn, Town Manager Barbara Gwynn, Town Clerk Gene Caputo, Town Consultant Jim Greer, Police Chief Clarence Sova, Public Works Supervisor Lou Sessa, Code Enforcement Ofcr. John Randolph, Town Attorney Charles Eaton Earl Harvel, Sr. Earl Harvel, Jr. Consideration of proposed rezoning and second reading of Ordinance 86 -2. Mr. Gwynn read Ordinance 86 -2 by title. Mayor Koch asked if there was anyone in the audience who wished to speak in favor of or against the proposed rezoning. There being no public comments, the public hearing was closed. Upon a motion by Mr. Armour and second by Mr. Dixson, the Commission unanimously approved Ordinance 86 -2, thereby rezoning the properties specified therein. Approval of Minutes: March 14, 1986 and March 26, 1986. Upon a motion by Mr. Hunter and second by Mr. Dixson, both sets of minutes were unanimously approved by the Commission. Staff Report. a. Financial Report. Upon a motion by Mr. Dixson and second by Mr. Armour, the financial report was unanimously approved as submitted by Mr. Gwynn. b. Police Report. Following a motion by Mr. Hunter and second by Mr. Dixson, the police report was unanimously approved as presented by Chief Greer. Mr. Armour asked to go on record as requesting that policy be set regarding police department salary increases and working conditions, both of which were addressed in the Rusten Report Police Survey. Minutes Commission Meeting April 11, 1986 page 2 Mayor Koch stated that the issue would be discussed during budget sessions later this year. c. Manager's Report. Mr. Gwynn stated that Earl Harvel, Sr.& Jr. were present to discuss a drainage problem along Old School Road. Following a brief discussion and a motion by Mr. Pfeifler and second by Mr. Dixson, the Commission unanimously approved the project to proceed with Mr. Harvel to provide cost estimates to the Town. d. Bond Issue Project Report. Mayor Koch reported on the status of the Town Hall construction project. e. Town Attorney Report. Mr. Randolph reported on the "Open Container Law" recently passed by the County and advised the Town to wait until the State takes action. Mr. Hunter asked about the status on the law suit against the Town regarding a violation of its Sign Regulations. Mr. Randolph stated that the case had been dismissed due to an improperly issued citation. f. Public Works Report. Mr. Sova stated that the Place Au Soleil Association had requested certain work to be done at the U.S.1 entrance. Mr. Harry Kates, representing the Association indicated that they would like to relocate the landscaping. The Commission suggested that plans be prepared depicting the proposed changes and that they be presented to the Planning and Zoning Board for review. g. Code Enforcement Officer. Mr. Sessa reported on the status of current and active building permits. 4. Planning and Zoning Board Report. Mr. Charles Eaton, Planning and Zoning Board Vice Chairman was present to discuss the following items: P.B. #86 -2 A request by William Evans for the replatting of property located at 1919 N. Ocean Blvd. to be known as the William H. Evans Subdivision. Motion by Mr. Dixson, second by Mr. Armour, unanimously approved by the Commission. Minutes Commission Meeting April 11, 1986 page 3 P.B. 4186 -9 A request by John Therien for site plan approval of a new single family residence to be located at 445 Old School Road, and described as Lot 4, H.V. Pope Subdivision. Motion by Mr. Dixson, second by Mr. Hunter, unanimously approved by the Commission. P.B. 1186 -10 A request by Jens Hartung for site plan approval of a new single family residence to be located at 2740 Cardinal Circle and described as Lot 8, Place Au Soleil. Motion by Mr. Armour, second by Mr. Hunter, unanimously approved by the Commission. BOA 112 -86 A request by Dr. William Luke for variance to Section VII.K.L, of the Zoning Ordinance reducing the single family side yard setback from the required 22.5 feet to a proposed 12.0 feet for the construction of an addition to an existing single family residence located at 530 Middle Road and described as Lot 18 and the east half of Lot 17, Gulf Stream Cove. Motion by Mr. Armour, second by Mr. Hunter, unanimously approved by the Commission. P.B. 1186 -11 A request by Dr. William Luke for site plan approval of an addition to an existing single family residence located at 530 Middle Road, and described as Lot 18, and the east half of Lot 17, Gulf Stream Cove. Motion by Mr. Pfeifler, second by Mr. Armour, unanimously approved by the Commission. 5. Second and Final reading of Ordinance 86 -2 - Zoning change. This Ordinance was read and approved on second and final reading during the public hearing held just prior to this morning's regular Commission meeting. 6. First reading of Water Ordinance 86 -3. Following the first reading of the Ordinance by Mr. Gwynn, and upon a motion by Mr. Hunter and second by Mr. Pfeifler, the Ordinance was unanimously approved on first reading. 7. Commissioner Comments /Recommendations. Mr. Hunter moved that a resolution of appreciation by prepared for Mrs. LaPorte for the donation of her antique table for Town Hall. Seconded by Mr. Dixson and unanimously approved. Minutes Commission Meeting April 11, 1986 page 4 8. Public Comments /Request. Mr. Gwynn read several letters from the public regarding various matters of Town business. 8. Adjournment. There being no further business, the meeting was adjourned at 10:15 A.M. Eugene A. 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G u W O O N *H m m m ro a a en w N m m N u w ra u c M o W ° o W a. a�, O P7 ++ G H w H H O 09 x •• N x N •rGl N N N N � G b .0 m G D 00 G G 10 G G u H CQ d' m a fA W z z W i°Oi %Oi s_ C-; HARRY A. JOHNSTON II DONALDJ.SASSER JOHN C. RANDOLPH H. ADAMS WEAVER MAUREEN A. HACKETT ANN MARIE G. RE220NICO JOYCE A. CONWAY JOHNSTON, SASSER, RANDOLPH Sc WEAVER ATTORNEYS AND COUNSELORS AT LAW 310 OKEECHOBEE BOULEVARD WEST PALM BEACH, FLORIDA 33402 P. O. BOX M February 3, 1986 Mr. Gene Caputo c/o Town of Gulf Stream 246 Sea Road Gulf Stream, Florida 33444 Re: Dear Gene: Zoning Ordinance HENRY F. LILIENTHAL 1902-1982 HARRY ALLISON JOHNSTON IB95.1983 (305) 655 -0108 I have drafted a proposed ordinance which would amend the zoning classification of Lots 3, 4, 5, 6, 7, 8 and 9 of Palm Beach Shores Acres within the Town of Gulf Stream from "RM" multiple family residential district to "RS" residential single family district. Also, for your information, I am enclosing a copy of Section 166.041 of the Florida Statutes which indicates the procedures which need to be followed in order to institute this change. Also, I am including a copy of 163.3194 relating to the legal status of the Comprehensive Plan which indicates at sub - paragraph (2) thereof that the zoning ordinance amendment shall not be changed until the matter has been referred to the local planning agency or to a separate land development regulation commission created pursuant to local ordinance. This proposed ordinance will have to go before the Planning Commission for review and recommendation and then subsequent to its review go to the Town Commission for consideration. Once considered by the Commission, in the event the Commission is in favor of proceeding with this matter, please note pursuant to 166.041(3)(c) that the Town shall direct the Clerk to notify by mail each real property owner whose land the municipality will rezone. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least thirty (30) days prior to the date set for J the public hearing. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of hearing, immediately adopt the ordinance. Mr. Gene Caputo February 3, 1986 OPage Two. A proposed schedule could be as follows: (a) February 5 - Consideration by the Planning Commission (b) February 14 - Consideration by the Town Commission (c) Assuming the Town Commission is in favor of proposing the change, the Clerk shall be directed to give the appropriate notice which ought to be able to be accomplished by February 21. (d) A special meeting of the Town could be set up subsequent to days of the date of notice or hearing could be held at the commission meeting in April. something which will have to by the Town Commission prior of the hearing going out. Commission thirty (30) <� «' the public regular This is be determined to the notices (e) Subsequent to the public hearing, in the event the Town Commission desires to go forward with the adoption of the ordinance, the ordinance would be put on first reading. (f) A subsequent public hearing and second reading can then be held after the ordinance has been published in a newspaper of general circulation at least ten (10) days prior to its second reading. The entire process above could be shortened by having the first reading of the ordinance take place at the first meeting of the Commission in regard to this matter on February 14. This procedure would anticipate that you would then only have one public hearing at least thirty (30) days subsequent to the notice to affected property owners going out and then the second reading of the ordinance would take place at the conclusion of that public hearing. Unless time is of the essence, I do not necessarily recommend the shortened procedure. Ve ul our N C. RANDOLP JCR/lsn Enclosure JOHNSTON, SASSER, RANDOLPH & WEAVER 1985 nt to 1(g), con - rcise 3the ipali- ntal, 3hib- unty tsed dher Ir in ixcr- area ality titer tlity, :heir offi- ap- ent, oval 131. ,on- trior y to ex- be- tive 3th- wo- or- eti- ub- red to ,..y ,ed 3 aid F.S. 1985 MUNICIPALITIES Ch. 166 within the municipality or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the governing body of said municipality shall have the amendment in- corporated into the charter and shall file the revised charter with the Department of State, at which time the revised charter shall take effect. (3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any munici- pality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to in- clude only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shall be no restrictions by the municipality on any employee's or employee group's political activity, while not working, in any referendum changing employ- ee rights. (5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provid- ed for in the municipal charter and amend provisions or language out of the charter which has been judicially construed to be contrary to either the state or federal constitution. MOM. —s. 1. ch, 73-12. 166.032 Electors. —Any person who is a resident of a municipality, who has qualified as an elector of this stale, and who registers in the manner prescribed by general law and ordinance of the municipality shall be a qualified elector of the municipality. Mstaq —s. 1, ch. 7342. 166.041 Procedures for adoption of ordinunces and resolutions. — (1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) 'Ordinance- means an official legislative action of a governing body, which action is a regulation of a gen- eral and permanent nature and enforceable as a local law. (b) 'Resolution- means an expression of a governing body concerning matters of administration, an expres- sion of a temporary character, or a provision for the dis- position of a particular item of the administrative busi- ness of the governing body. (2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and mat- ters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amend- ed act or section or subsection or paragraph of a section or subsection. (3)(a) Except as provided in paragraph (c), a pro- posed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general cir- culation in the municipality. The notice of proposed en- actment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) The governing body of a municipality may, by a two - thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance shall be enacted which enacts or amends a land use plan or which rezones private real property. (c) Ordinances initiated by the governing body or its designee which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts shall be enacted pursuant to the following procedure: 1. In cases in which the proposed rezoning or change in permitted use involves less than 5 percent of the total land area of the municipality, the governing body shall direct the clerk of the governing body to noti- fy by mail each real property owner whose land the mu- nicipality will rezone or whose land will be affected by the change in permitted use by enactment of the ordi- nance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular busi- ness hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance. 2. In cases in which the proposed ordinance deals with more than 5 percent of the total land area of the mu. nicipality, the governing body shall provide for public no- tice and hearings as follows: a. The local governing body shall hold two adver- tised public hearings on the proposed ordinance. Both hearings shall be held after 5 p.m. on a weekday, and the first shall be held approximately 7 days after the day that the first advertisement is published. The second hearing shall be held approximately 2 weeks after the first hearing and shall be advertised approximately 5 days prior to the public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. b. The required advertisements shall be no less than one - quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements ap- pear. The advertisement shall be published in a newspa- per of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter, pursuant to chapter 50. It 877 is the legislative intent that, whenever possible, the ad- vertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shall be in the following form: NOTICE OF ZONING (PERMITTED USE) CHANGE The _In „ _. proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement. A public hearing on the rezoning will be held on td., RIX!_tim l at _1131" ,o olar 1 The advertisement shall also contain a geographic Ica tion map which clearly indicates the area covered by ti- Proposed ordinance. The map shall include major stret names as a means of identification of the area. c. In lieu of publishing the advertisement set out i this paragraph, the municipality may mail a notice t each person owning real property within the area cc ered by the ordinance. Such notice shall clearly explai the proposed ordinance and shall notify the person the time, place, and location of both public hearings of the proposed ordinance. (4) A majority of the members of the governing bad shall constitute a quorum. An affirmative vote of a majori ty of a quorum present is necessary to enact any ordi nance or adopt any resolution; except that two- thirds o the membership of the board is required to enact a emergency ordinance. On final passage, the vote o each member of the governing body voting shall be en. tered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall be- come effective 10 days after passage or as otherwise Provided therein. (5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body. (6) The procedure asset forth herein shall constitute a uniform method for the adoption and enactment of mu. nicipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained herein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law. Nhtory. —a. I, dr. 71129: a. 2. dr. 7 &155; a. 2, Ch. 77331: a. I. Ch. 93440: s. 1, M. 93301. 166.042 Legislative Intent. - 73- 1129, the Lawslegislative FlordatOftChaptersr167, 16 chap- ter . 172, 174, 176, 178, 181, 183, and 184 of Florida Statutes shall not be interpreted to limit or restrict the powers of municipal officials, but shall be interpreted as a recogni. tion of constitutional powers. It is, further, the legislative intent to recognize residual constitutional home rule Powers in municipal government, and the Legislature finds that this can best be accomplished by the removal of legislative direction from the statutes. It is, further, the legislative intent that municipalities shall continue to ex. ercise all powers heretofore conferred on municipalities by the chapters enumerated above, but shall hereafter exercise those powers at their own discretion, subject only to the terms and conditions which they choose to prescribe. (2) Nothing contained in s. 5, chapter 73 -129, Laws of Florida, shall be interpreted to impair any claim against a municipality or to affect the validity of any bonds or obligations issued under authority of any of the chapters enumerated In subsection (1). aMmr. —a. 5, Ch. 71129. ` 166.0425 Sign ordinances. — Nothing in chapter n 78.8, Laws of Florida, shall be deemed to supersede the o rights and powers of municipalities and counties to es. V_ tablish sign ordinances; however, such ordinances shall n not conflict with any applicable state or federal laws. iiStery. —a. 5, Ch. 7M. Of Nob. AJ- WbkMd at a. 125.0102 166.043 Ordinances and rules imposing price con- y trots; findings required; procedures. — (1)(a) Except as hereinafter provided, no county, municipality, or other entity of local government shall I adopt or maintain in effect an ordinance or a rule which n has the effect of imposing price controls upon a lawful f business activity which is not franchised by, owned by, or under contract with, the governmental agency, unless specifically provided by general law. theben enactment by local this section shall not of public service rates otherwise authorized by law, including water, sew- er, solid waste, public transportation, taxicab, or port rates. (2) No law, ordinance, rule, or other measure which would have the effect of imposing controls on rents shall be adopted or maintained in effect except as provided herein and unless it is found and determined, as herein- after provided, that such controls are necessary and proper to eliminate an existing housing emergency which is so grave as to constitute a serious menace to the general public. (3) Any law, ordinance, rule, or other measure which has the effect of imposing controls on rents shall termi- nate and expire within 1 year and shall not be extended or renewed except by the adoption of a new measure meeting all the requirements of this section. (4) Notwithstanding any other provisions of this sec- tion, no controls shall be imposed on rents for any ac- commodation used or offered for residential purposes as a seasonal or tourist unit, as a second housing unit, or on rents for dwelling units located in luxury apartment buildings. For the purposes of this section, a luxury apartment building is one wherein on January 1, 1977, the aggregate rent due on a monthly basis from all dwell. ing units as stated in leases or rent lists existing on that date divided by the number of dwelling units exceeds $250. (5) No municipality, county, or other entity of local government shall adopt or maintain in effect any law, or. 878 F.S. 1985 ' S 1985 INTERGOVERNMENTAL PROGRAMS Ch. 163 F.. ehensive adopted than two a case of ants may idar year approval :mergen- ether ac- ,r peace, ,orharm r loss of I govern - y related may be lered by he appli- cedures tion and statutory onsider- ve plan. quire fa- 11ely be- impact. pre- _ -a as plan, or 4. Com- h a way Ian pur- modifi- rt of the i of this 1e state prehen- govern - dments itinually lanning .86-55. Hehen- us and all pre- , which a every )Ian, or ;mitted squeal ct that 8 )dated y� -val- ve am ap. ations, (a) The major problems of development, physical deterioration, and the location of land uses and the so- cial and economic effects of such uses in the area. (b) The condition of each element in the comprehen- sive plan at the time of adoption and at date of report. (c) The comprehensive plan objectives as com- pared with actual results at date of report. (d) The extent to which unanticipated and unfore- seen problems and opportunities occurred between date of adoption and date of report. (3) The report shall also suggest changes needed to update the comprehensive plan, or elements or portions thereof, including reformulated objectives, policies, and standards. (4) The governing body shall adopt, or adopt with changes, the report or portions thereof. The governing body shall amend its comprehensive plan based on the recommendations contained in the adopted evaluation and appraisal report, pursuant to the procedures in s. 163.3187. Amendments to the plan and the adoption of the report may be simultaneous. When amendments to the plan do not occur simultaneously with the adoption of the evaluation and appraisal report, the report shall contain a schedule for adoption of proposed amend- ments within 1 year after the report is adopted. The re- port and a complete copy of the comprehensive plan as it is amended as a result of the report shall be transmit- ted to the state land planning agency, to the regional agency having responsibility over the area, and, for mu- nicipalities, to the county planning agency. (5) A local government whose evaluation and ap- praisal report is due prior to the date that its revised plan is due pursuant to s. 163.3167(2) may notify the state land planning agency that it shall complete its evalua- tion and appraisal report in accordance with this section at the time specified or provided for submission of a re- vised comprehensive plan in compliance with this part. Upon such notification, the stale land planning agency shall extend any due dates established pursuant to sub- section (1). Hb1my —e. 11, ch. 75257; B. 10, ch. 8555. 163.3194 Legal status of comprehensive plan. — (1)(a) After a comprehensive plan, or element or por- tion thereof, has been adopted in conformity with this act, all development undertaken by, and all actions tak- en in regard to development orders by, governmental agencies in regard to land covered by such plan or ele- ment shall be consistent with such plan or element as adopted. (b) All land development regulations enacted or amended shall be consistent with the adopted compre- hensive plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehen- sive plan, or element or portion thereof, shall be amend- ed so as to be consistent. If a local government allows an existing land development regulation which is incon- sistent with the most recently adopted comprehensive plan, or element or portion thereof, to remain in effect, the local government shall adopt a schedule for bringing the land development regulation into conformity with the provisions of the most recently adopted comprehensive plan, or element or portion thereof. During the interim period when the provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the land development regulations are inconsistent, the provisions of the most recently adopted comprehensive plan, or element or portion thereof, shall govern any ac- tion taken in regard to an application for a development order. (2) After a comprehensive plan for the area, or ele- ment or portion thereof, is adopted by the governing body, no land Oevelopment regulation, land develop- ment code, or amendment thereto shall be adopted by the governing body until such regulation, code, or amendment has been referred either to the local plan- ning agency or to a separate land development regula- tion commission created pursuant to local ordinance, or to both, for review and recommendation as to the rela- tionship of such proposal to the adopted comprehensive plan, or element or portion thereof. Said recommenda- tion shall be made within 'a reasonable time, but no later than within 2 months after the time of reference. If a rec- ommendation is not made within the time provided, then the governing body may act on the adoption. (3)(a) A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or reg- ulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enu- merated by the local government. (b) A development approved or undertaken by a lo- cal government shall be consistent with the comprehen- sive plan if the land uses, densities or intensities, capaci- ty or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehen- sive plan and if it meets all other criteria enumerated by the local government. (4)(a) A court, in reviewing local governmental ac- tion or development regulations under this act, may con- sider, among other things, the reasonableness of the comprehensive plan, or element or elements thereof, re- lating to the issue justiciably raised or the appropriate- ness and completeness of the comprehensive plan, or element or elements thereof, in relation to the govern- mental action or development regulation under consid- eration. The court may consider the relationship of the comprehensive plan, or element or elements thereof, to the governmental action taken or the development regu- lation involved in litigation, but private property shall not be taken without due process of law and the payment of just compensation. (b) It is the intent of this act that the comprehensive plan set general guidelines and principles concerning its purposes and contents and that this act shall be con. strued broadly to accomplish its stated purposes and objectives. (5) The tax- exempt status of lands classified as agri- cultural under s. 193.461 shall not be affected by any comprehensive plan adopted under this act as long as the land meets the criteria set forth in s. 193.461. 841 MW11 (POLICE ACTIVITY REPORT I. Theft 2. 3. 4. 5. 6. 7. 8. 9.. 10: 11. 12. 13. 14. 15. POLICE SERVICE CANS 1. Traffic Incidents - 5 Suspicious Incidents - 10 3, Civil Assists - 5 4. Assist other Departments - 7 5 . Ordinance Violations - 2 6 Disturbance - 1 KPolice Service - 3 8. 9. 10. 11. 12. 13. 14. 15. TOTAL CWZ EUR THE MWBI 63 MaM OF March 19_. ALARM 25 MEDICAL FIN.' 11MMIGATIONS PFIIDING . AOCIDENP INVESTIGATIONS ARRPS15 • DW 1 TRWIC 33 ASSIST nu DEPARIMM URRFSTS) ..111'1I:J W. GPIMR CHIEF OF POLICE HARVEL & DELAND UTILITY CONTRACTORS DELRAY BEACH, FLORIDA 33444 270 N. E. 16TH STREET Gor 3 L.a -r I Cii rc 14 BASrN — ttt w I S I8 OLD SCi-1001_ )eoAD eXist, B�slN_. Axr� f1EL�NDoN �I ?AT TC- 2Sc) /U N!s PIpE 3.�r eo Waco 17211/: S /hk Nola. T I I ra1k)7 74m Eriszrrn¢Y17` ILLL� �{)I�Exls7-. PrpE P4-r.IC7 Sr°A )A46 cL. : Fmk Nola LAgoo NJ ./ /,a/P6 lPHONE 2765557 Lor � III P'xrsr, PIPE ro f�t'1TLE Cr_u[3 III EXIST CR7cH BASIN W d N MEMORANDUM March 31, 1986 TO: Chief James Greer FROM: Joel D. Ware / �W(� RE: Four - Wheeler Patrol of Gulf Stream Beach Sunday, March 30, 1986 ----------------------------------------- - - - - -- I would like to express my personal appreciation for the presence of the four - wheeler on the Gulf Stream beach at 4:10 p.m., Sunday. Your officer may have reported to you that when he approached the E1 Cortijo beach area, the joggers immediately called their dogs (not on a leash) and left at the Delray Beach exit; very typical; of course, no other action was taken. The point is that the presence of an officer is necessary to control individuals frequently showing no respect for the Gulf Stream Ordinance or the Gulf Stream residents. JDW /jld cc: Town of Gulf Stream Commissioners William E. Gwynn, Town Manager Comeau BuSdiap 919 Clematia Street, Suite 215 went Palm Beach, Florida 33491 Charlanne Camp Bullard Attorney 1306168"U3 March 21, 1986 Chief James Greer Police Department Town of Gulfstream 246 Sea Road Gulfstream, Florida 33444 RE: Officer Delorme Dear Chief Greer: Direct rePSea to: P. O. Bo: 141 lake Worth, Florida 33480 As you know, last week I was stopped by Officer Delorme and given a warning for exceeding the speed limit. I am NOT writing this letter as a means of thanking the officer for giving me a warning rather than a speeding ticket. It was his professional judgment as to which to give. (I happen to think he used good judgment.) I am writing this letter to let you know my impressions of the officer. I was on my way home after an intensive three day seminar in Miami. Needless to say, I was rather tired, eager to return home and not paying much attention to the speed limit. I did not tell the officer any of this while he patiently waited for me to find my license (hidden in my crammed wallet) and registra- tion (hidden in a Florida road map stuffed in the glove box). He was most courteous and patient while I searched the paper jungle. I was impressed with his attitude and tired enough to be grateful that he did not give me a hard time. After giving me the warning, he clearly explained its purpose and ramifications with respect to my driving record. I was pleased to learn that it would not be reflected on my sixteen year driving record which has no violations recorded. Once again, I was impressed with his courteous attitude, efficiency in his quick assessment of the situation and very professional conduct. In light of my brief encounter with one of your officers, I can understand why your department won national recognition, especially if his demeanor is representative of your department policy. Very truly yours, C. Bullard 11 ORDINANCE NO. 86 -2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 83 -1, THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF GULF STREAM AND THE ZONING MAP OF THE TOWN BY AMENDING THE BOUNDARIES OF THE "RS" RESIDENTIAL SINGLE FAMILY DISTRICT AND THE "RM" MULTIPLE FAMILY RESIDENTIAL DISTRICT WITHIN THE TOWN SO AS TO AMEND THE ZONING CLASSIFICATION OF LOTS 3, 4, 5, 6, 7, 8 AND 9 OF PALM BEACH SHORES ACRES FROM THE PRESENT "RM" MULTIPLE FAMILY RESIDENTIAL DISTRICT TO "RS" RESIDENTIAL SINGLE FAMILY DISTRICT, AS REFLECTED ON THE ZONING MAP ATTACHED HERETO; FURTHER AUTHORIZING THE ZONING MAP OF THE TOWN OF GULF STREAM TO BE AMENDED TO REFLECT THE AMENDMENTS MADE HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the future land use map of the Comprehensive Development Plan of the Town of Gulf Stream designates the properties described herein as single family; and WHEREAS, pursuant to Florida Statute, land development regulations such as zoning ordinances are required to be consistent 11 with the adopted Comprehensive Plan; and WHEREAS, the exisiting use of the property described herein is a single family residential land use; and WHEREAS, adjacent properties to the west and to the north of the properties described herein are presently zoned "RS" residential single family district; and WHEREAS, it is the desire of the Town Commission of the Town of Gulf Stream that the single family residential use of the properties described herein be continued; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, as follows: Section 1. Ordinance No. 83 -1 of the Town of Gulf Stream and the official zoning map of the Town is hereby amended so as to amend the zoning classification of Lots 3, 4, 5, 6, 7, 8 and 9, PALM BEACH SHORES ACRES, from "RM" multiple family residential district to "RS" residential single family district as reflected on the zoning map attached hereto. i r� Section 2. The official zoning map of the Town of Gulf Stream is hereby authorized to be amended so as to reflect the change of boundaries amending the classification of the lots described in paragraph 1 above from "RM" multiple family residential district to "RS" residential single family district. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. Should any part or portion of this ordinance be held invalid, such invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are hereby declared severable. Section 5. This ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream, Florida. Section 6. This ordinance shall take effect immediately upon its passage and approval as provided by law. PASSED AND ADOPTED by the Commission of the Town of Gulf Stream, Palm Beach County, Florida, on 2nd reading, this 11th day of TEST: TOWN CLERK April 1986. MAYOR l OWN COMMISSIONER I COtWjISSXM-R - 2 - c r y O� O• p• 7 fl C � N m x -"i v. S� S D S� y S O• �- _ vim'. •;: °' Q; o � o b o- ° � ^ m 0 m. �. A m N• -• 3 3 S .O � a.m ..m•e p � F+ c •. S ^ m ^ n Cl) mn T •� •o � n °' S p• m S m z 6 7 m .N- •°e � �, m � w N N• (D cr S m 0 H O O M Gl C r M N Cr rt IN IN B m c � 0 o s m 0 A m. S � O O S p — p O - •nT ° '< m F+- •e m N m (p p = m n 'D a 3 c m - w m p. 4 O m O 0 a m n' 0 P- 0 m a (t p v O �r S O > CD3 Z -3 O w '+7 O c O r. r d m D M D v O O T O n C W r_ n D O Z O m A m n m ? 3 n m n. m n n� 0 o: m tz O H x v O t"" -.10;!3TjoS s,jtmuimjdwo:) .0 .(1 ..- ..........- ---.... -- ° --- ....................... . ta ............ 61 ........... * ---- -------- - ------- �znoo llnuto jo 3tiatz) jo aalijo 844 ut Pallol .............................................................................................. -SA uoTi-e:)Tlqncl jo joo-Tcl I TOWN OF GULF STREAM COMMISSIONERS PALM BEACH COUNTY, FLORIDA WILLIAM F. KOCH, JR., Mayor JOEL HUNTER, Vlca Mayor ALAN I. ARMOUR ROBERT J. DI %SON BRIAN PFEIFLER April 17, 1986 Mayor William F. Koch, Jr. Town of Gulf Stream Florida Dear Bill: It is with regret that I will offer my resignation as Vice Mayor and Commissioner of the Town of Gulf Stream to become effective at the close of the next meeting of the Commission, May 9, 1986. This action is made necessary by my projected absence from the Town during the oncoming summer months. It is not feasible for me to attend the Commission meetings when among other important matters, the budget is to be prepared and adopted. I have a real affection for our little Town and my association with its people and staff and my fellow commissioners has been warm and pleasant. I hope this feeling may persist after my official retirement. Sincerely yours, Joel Hunter Vice Mayer cc: Town Commissioners William Gwynn, Town Manager Fritz'Souder, President of the Civic Association MAIL ADDRESS 246 SEA ROAD GULF STREAM, FLORIDA 7]444 TEL.: GULF STREAM 2765116 Town Manager WILLIAM E. GWYNN Town Clerk BARBARA GWYNN Chef of Police JAMES GREER Ernst &Whinny Certified Public Accountants 310 Okeechobee Boulevard West Palm Beach, Florida 33401 305/655 -8500 April 7, 1986 The Honorable Mayor and Town Commission Town of Gulf Stream 246 Sea Road Delray Beach, Florida 33444 Dear Mayor and Commission: This letter is to confirm the nature and extent of our services to the Town of Gulf Stream, Florida. We will examine the combined financial statements of the Town of Gulf Stream, Florida, for the fiscal year ending September 30, 1986, in connec- tion with the expression of our opinion on the fairness with which the statements present financial position and results of operations in conform- ity with generally accepted accounting principles consistently applied. Our examination will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. We do not contemplate a detailed examination of all transactions or expect that we will necessarily discover fraud, should any exist. We will, how- ever, inform you of any findings that appear unusual or abnormal. Our fee for the aforementioned services will be based on our normal hourly rates and will be billed monthly as the work progresses. We estimate the total charges will not exceed the amounts for various funds as outlined in the following schedule: General Fund $ 3,700 Special Revenue Fund 300 Debt Service Fund 700 Capital Projects Fund 900 Special Assessments Fund 300 Enterprise Fund 900 $ 6,800 Any other accounting and consulting services as may be requested from time to time will be provided at our normal hourly rates. We will provide you with an estimate of our fees for a particular service at the time it is requested. Ernst & Whinney The Honorable Mayor and Town Commission Page 2 April 7, 1986 If the foregoing meets with your approval, please sign the enclosed copy of this letter and return it to us for our files. Very truly yours, V44VO-Jf) Paul C. Bremer Managing Partner PCB : j ap Enclosures APPROVED: By: Date: MQPF17fl;Y POLICE' ACI7VITY REPORT MM W April 19 86 REPORTED CRIMES ALAlNS 29 1. Auto Burglary MICAL 2 Z. Stolen Vehicle (recovered) • Arson /Firebombing (Exceptionally cleared) , r1ro: 4. Resisting Arrest 5. Attempted Suicide 6• INVESTIGATIMS 7. MING O 8. . 9• ACCIDW 10: INVESTIGATIONS 11. - 12. 13. ARRESTS 14. 15. M1SDE7+EJiNOR 1 ' POLICE SERVICE [`ar.r G FE[4NY 1. Extra Patrol - 3 ( 1 Suspicious Incidents - 13 3, Civil Assists - 2 TRAFFIC 4. Found Property - 1 5. Lost /Stolen Property - 3 ASSIST OI11E[i 6. Traffic DEPARp 7.' Police Assist - 2 AARRESTS) 2 e. Disturbance 9. Assist other Departments 10. Information Only U. 12. l3. l4. l5. WM CALLS FOR THE MUMI 68 2 �y. JAMS W. GREER cwEF of POLICE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 246 SEA ROAD William F. Koch, Jr., Mayor GULF STREAM, FLORIDA Joel Hunter, Vice Mayor 73444 Alan 1. Armour TEL.: GULF STREAM Roball J. Garton 2765116 Brlan Plelller Town Manager WILLIAM E. GWYNN Depuly Town Clark BARBARA GWYNN Chief of Police May 12, 1986 JAMES GREER Delray Beach News Journal 54 N. E. 4th Avenue DElray Beach, Florida Please place the following notice in your public notice column: Thank you. NOTICE TO RESIDENTS. TOWN OF GULF STREAM. There will be a meeting of the Town Commission Town of Gulf Stream, May 28th, 10 A.M. at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida. This is in regard to the Town's Police Study. Barbara Gwynn Town Clerk Florida 808GRAHAM GOVERNOR Department of Transportation 780 Southwest 24 Street Fort Lauderdale, Florida 33315 -2696 Telephone: (305) 524 -8621 Ms. Barbara Gwynn Town Clerk 246 Sea Road Gulf Stream, Florida 33444 Dear Ms. Gwynn: THOMAS E. DRAWDY SECRETARY April 18, 1986 Re: State Section 93060, State Road AIA at 1511 Block, Gulf Stream - Roadway Shoulder Repair This is in reference to your April 11, 1986 letter concerning the subject roadway. By copy of this letter, we are requesting Mr. Dave Smith, Resident Maintenance Engineer for Palm Beach County, to investigate the condition of the shoulder area and take necessary action. For your information, our latest schedule still shows the resurfacing contract for State Road AIA in Gulf Stream to be let next month, with construction to follow approximately two months later. WAL:rf cc: Mr. Dave Smith (w /letter) Sincerely, 'P. E. Assistant District Traffic Operations Engineer Y1 COMMISSIONERS WILLIAM F. KOCH, JR.. Mayor JOEL HUNTER, Vice Mayor ALAN I. ARMOUR ROBERT J. DIXSON BRIAN PFEIFLER TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA April 11, 1986 Mr. William A. Lewis Assistant District 780 Southwest 24th Street Ft. Lauderdale, Florida 33315 -2696 Dear Mr. Lewis: MAIL ADDRESS 246 SEA GULF STREAM, . FLO FLORIOI 33444 TEL.: GULF LF STREAM 2766118 Town Manager WILLIAM E. GWYNN Town Clerk BARBARA GWYNN Chief of Police JAMES GREER Thank you for your prompt attention in repairing the pot hole in the middle of AIA at 1465 N. Ocean Blvd. At the same address and at 1511 N. Ocean Blvd. the sides of the road need repairing. A few years ago I attended a meeting of the Department of Transportation and it was my understanding that all of AlA in Gulf Stream was to be repaved sometime in 1986. Is this still scheduled or has it been changed? Thank you for your attention in this matter. Sincerely, 73aLL�La., �j�,Jk,6, Barbara Gwynn RECEIVED APR 15 15x4 TRAFFIC OPLHATIONS C 0 P Y Ernst & Whinny Certified Public Accountants 310 Okeechobee Boulevard West Palm Beach, Florida 33401 305/655 -8500 April 7, 1986 The Honorable Mayor and Town Commission Town of Gulf Stream 246 Sea Road Delray Beach, Florida 33444 Dear Mayor and Commission: This letter is to confirm the nature and extent of our services to the Town of Gulf Stream, Florida. We will examine the combined financial statements of the Town of Gulf Stream, Florida, for the fiscal year ending September 30, 1986, in connec- tion with the expression of our opinion on the fairness with which the statements present financial position and results of operations in conform- ity with generally accepted accounting principles consistently applied. Our examination will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. We do not contemplate a detailed examination of all transactions or expect that we will necessarily discover fraud, should any exist. We will, how- ever, inform you of any findings that appear unusual or abnormal. Our fee for the aforementioned services will be based on our normal hourly rates and will be billed monthly as the work progresses. We estimate the total charges will not exceed the amounts for various funds as outlined in the following schedule: General Fund $ 3,700 Special Revenue Fund 300 Debt Service Fund 700 Capital Projects Fund 900 Special Assessments Fund 300 Enterprise Fund 900 $ 6,800 Any other accounting and consulting services as may be requested from time to time will be provided at our normal hourly rates. We will provide you with an estimate of our fees for a particular service at the time it is requested. _ Ernst & Whinney Page 2 The Honorable Mayor and Town Commission April 7, 1986 If the foregoing meets with your approval, please sign the enclosed copy of this letter and return it to us for our files. Very truly yours, UA6-oln Paul C. Bremer Managing Partner PCB: j ap Enclosures APPROVED: Dated: �F /T�/6- 6 / O o- (f c nun. J_/ �9/ Lf�6