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HomeMy Public PortalAbout06/08/2012June 1, 2012 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III W. Garrett Dering n REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMI THE TOWN OF GULF STREAM ON FRIDAY, JUNE 8, 2012 AT 9:00 A.N. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF FLORIDA. AG7FNnA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. ira STREAM, A. Regular Meeting of May 11, 2012 B. Special Meeting of May 22, 2012 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Public Requests. A. Report on 2012 Legislative Session - Representative Hager VII. Announcements. A. Regular Meetings and Public Hearings 1. July 13, 2012 @ 9 A.M. 2. August 10, 2012 @ 9 A.M. 3. September 14, 2012 @ 9 A.M. 4. October 12, 2012 @ 9 A.M. 5. November 9, 2012 @ 9 A.M. 6. December 14, 2012 @ 9 A.M. VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by James F. & Pamela Landquist, owners of the property located at 800 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 16, Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit a 155 sq. ft. garage addition to the existing 396 sq. ft. garage that encroaches 7.8' into the required 20' rear setback. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 155 sq. ft. garage addition to the existing Gulf Stream Bermuda Style single family dwelling. IX. Reports. A. Utility Undergrounding Update -Danny Brannon (engineer) B. Town Manager C. Architectural Review & Planning Board 1. Meeting Dates a. June 28, 2012 @ 8:30 A.M. b. July 26, 2012 @ 8:30 A.M. c. No meeting in August d. September 27, 2012 @ 8 :30 A.M. e. October 25, 2012 @ 8:30 A.M. f. November to be determined g. December 27, 2012 @ 8:30 A.M. 2. Zoning /Development Code Amendment Recommendations a. Section 70 -71, Floor Area Ratio D. Finance Director 1. Cash & Budget Report for May 2012 2. Revenue /Expense Report for May 2012 -All Funds (proposed) E. Police Chief 1. Activity for May 2012 XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 AGENDA CONTINUED 2. Dogs on the Beach 3. Establishment of a School Zone X. Items for Commission Action. A. Ordinances -First Reading 1. No. 12/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN (� OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE- FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. (1st reading) 2. No. 12/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF SSTREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71 -1, TO INCLUDE NEWLY- ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66- 131, THE NON - CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON - CONFORMING DENSITY; ADDING SECTION 71- 8,ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDDITIONS AND REHABILITATION OF MULTI- FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1ST reading) 3. No. 12/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, TO CREATE SECTION 62 -10, TO PROVIDE FOR REVIEW CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE TOWN, AT SECTION 66 -1, DEFINITIONS, TO MODIFY THE DEFINITION OF BASEMENT, AT SECTION 70 -27, DISTRICT DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR DISTRICT ELEMENTS, AT SECTION 70 -70, FLOOR AREA CALCULATION, TO REVISE CALCULATIONS FOR BASEMENTS, AT SECTION 70 -100, ROOF AND EAVE HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT SECTION 70 -238, ROOFS, TO CLARIFY PERMITTED ROOF TILE STYLES, AT SECTION 70 -51, MINOR ACCESSORY STRUCTURES, TO ALLOW WATERFALLS, AT SECTION 66- 367 SWIMMING POOLS, TO RESTRICT WATERFALL HEIGHTS, AT SECTION 66 -369, DOCKS, TO CLARIFY PERMITTED BUILDING MATERIALS, AT SECTION 70 -71, FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND -STORY SETBACKS, AT SECTION 70 -73, SECOND FLOOR AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES FOR SINGLE FAMILY HOMES, AT SECEION 70 -187, TABLE OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW PROCEDURES FOR REQUESTED METAL ROOFS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1ST read) B. Items by Mayor & Commissioners XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 THE ATTACHED NOTICE WAS MAILED TO EACH PROPERTY OWNER IN THE ANNEXED AREA TO THE ADDRESSES ON FILE WITH THE PALM BEACH COUNTY PROPERTY APPRAISER. THESE WERE MAILED ON JUNE 3, 2012, WELL AHEAD OF THE REQUIRED 30 DAY NOTIFICATION. PROPOSED FUTURE LAND USE DESIGNATION AMENDMENT AND REZONING NOTICE The Town of Gulf Stream is proposing to amend the Future Land Use Map designation and Zoning Map designation for the recently- annexed 16.6 acres generally located east and west of North Ocean Boulevard (State Road A1A) from Little Club Road south to Sea Road. The subject area is proposed to have its Future Land Use Plan designated revised from the Palm Beach County designation of HR -12 (High Residential -12) to the Town of Gulf Stream designation of MF (Multi - Family). In addition, the Town is proposing to rezone the 16.6 acres from its current designation as Palm Beach County RM (Multi - Family Residential — Medium Density) to the Town of Gulf Stream category of RM (Multiple Family Residential District). The complete legal description of the area by metes and bounds and the proposed Comprehensive Plan amendment and rezoning ordinances can be inspected by the public and obtained from the office of the Town Clerk of Gulf Stream at 100 Sea Road, Gulf Stream, Florida 33483. Palm Beach county City of Boynton Beach Gulf St.. Park City of Boynton Beath Limits Town Hall q� 9 The Titles of subject ordinances are is as follows: ORDINANCE NO. 12/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S RTI FUTURE LAND USE MAP DESIGNATING 16.6 ACRES, MORE OR LESS, IN SIZE AS "MF (MULTI- FAMILY)" AS A RESULT OF AN ANNEXATION; SUCH PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; AMENDING THE TOWN OF GULF STREAM COMPREHENSIVE PLAN TO REFLECT THE ANNEXATION AND REVISIONS TO STATE GROWTH MANAGEMENT REGULATIONS AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 12/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE - FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. The public hearings on the proposed Future Land Use Plan amendment and Rezoning will be held by the Gulf Stream Town Commission on July 13, 2012, beginning at 9:00 a.m. or as soon thereafter as may be heard, at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. Any member of the public may appear at these meetings to speak regarding these Ordinances. If a person wishes to appeal the decision made by the Town Commission, that person will need a record of the proceeding and for such purpose may need to ensure that a verbatim record of the proceedings is made, which may include the testimony and evidence upon which the appeal is based. For any questions regarding this notice, please contact the Town of Gulf Stream at (561) 276 -5116. TOWN OF GULF STREAM Rita L. Taylor, Town Clerk :JL. Iatio ISII Onf12 NOTICE OF PUBLIC HEARING ADOPTION OF THE PROPOSED AMENDMENTS TO THE TOWN OF GULF STREAM COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission will hold a Public Hearing to consider adoption of Comprehensive Plan Amendments to the Town of Gulf Stream Comprehensive Plan pursuant to the requirements of Chapter 163.3184, Florida Statutes. The hearing will be held on July 13, 2012 at 9:00 A.M., or as soon thereafter as possible, at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida. At this hearing, the Town Commission will hear all evidence in support of or in opposition to the proposed amendment ORDINANCE NO. 12/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S FUTURE LAND USE MAP DESIGNATING 16.6 ACRES, MORE OR LESS, IN SIZE AS "MF (MULTI- FAMILY)" AS A RESULT OF AN ANNEXATION; SUCH PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD A1A, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; AMENDING THE TOWN OF GULF STREAM COMPREHENSIVE PLAN TO REFLECT THE ANNEXATION AND REVISIONS TO STATE GROWTH MANAGEMENT REGULATIONS AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. vim win c..,y 1 ,ol Bo,nan pevA 1 — 4/Wav 1 All interested persons are encouraged to attend and be heard. The proposed Comprehensive Plan Amendments may be viewed by the public at the Gulf Stream Town Hall at 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 a.m. and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD Notice is given that if any person desires to appeal any action taken by the Commission at the above hearing, a verbatim record of the proceeding may be necessary. The Commission assumes no responsibility for furnishing said record, however, the hearings will be audio recorded by the Commission for public use. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting, because of disability or impairment, should contact the Town Clerk, 561 - 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate your request. TOWN OF GULF STREAM Publish: Palm Beach Post July 3, 2012 Rita Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION I STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter Ordinance 12/1 was published in said newspaper in the issues of July 3. 2012. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 31 day of July, A.D. 2012. Who is personally known to me. A��, k NOTARY PUBLIC-STATE OF FLORIDA F' " t Kamn M. McInton I� i I =Colnmission#DD832672 &pires: NOV. 15, 2012 BONDED Mu ATL ANnCBONDWO CO.,VM NO. 6759876R NOTICE OF PUBLIC HEARING ADOPTION OF THE PROPOSED AMENDMENTS TO THE TOWN OF GULF STREAM COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission will hold a Public Hearin He aringto consider adoption of Comprehensive Plan a te of f n Plan pursuant the requirements Chapter 163.3184, Florida Statutes The hearingg will be held on July 13 2012 at 9:00 A.M., or as soon thereaHer as possible, at the Guff Stream Town Hall, 100 sea Road, Gulf Stream, Florida. At this hearing, the Town Commission will hear all evidence in support of or in opposition to the proposed amendment All interested persons are encouraged to attend ayand be heard. The the ppublicsat the Gulf Stream T lawn Hall at 100 Sea Ro id, Gulf tream, Florida between the hours of 9:00 a . and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD Notice is given that if any person desires to appeal any action taken by the Commission at the above hearing, a verbatim record of the proceedin may be gg necessary. The Commission assumes no said be audio rata ded by the Commissim forhpublictuse.e hearings will Pursuant to the provisions of the Americans with Disabilities Act, any person requving speaol accommodations a participate in this meehn , because of disability or impairment, should contact the Town Clerk order forr the Town ltobeaso reasonably accomm%datte your request. TOWN in TOWN OF GULF STREAM Rita Taylor, Town Clerk Publish: Palm Beach Post July 3, 2012 .lave a r' das- NOTICE OF PUBLIC HEARING PROPOSED REZONING AND AMENDMENT TO THE TOWN OF GULF STREAM ZONING MAP NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission will hold a Public Hearing to consider a rezoning of 16.6 acres within the Town and an amendment to the Town's Zoning Map. The hearing will be held on July 13, 2012 at 9 a.m., or as soon thereafter as possible, at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida. At this hearing, the Town Commission will hear all evidence in support of or in opposition to the proposed amendment ORDINANCE NO. 12/02 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD A1A, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE - FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. All interested persons are encouraged to attend and be heard. The proposed Comprehensive Plan Amendments may be viewed by the public at the Gulf Stream Town Hall at 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 a.m. and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD Notice is given that if any person desires to appeal any action taken by the Council at the above hearing, a verbatim record of the proceeding may be necessary. The Council assumes no responsibility for furnishing said record, however, the hearings will be audio recorded by the Council for public use. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting, because of disability or impairment, should contact the Town Clerk, 561 - 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate your request. Town of Gulf Stream Publish: Palm Beach Post July 3, 2012 Rita L. Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter Ordinance 12/02 was published in said newspaper in the issues of July 3, 2012. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 3rd day of July, A.D. 2012. Who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA s Karen M. McUnton I _Commission #DD832672 }'o,,.. Expires: NOV.15, 2012 BONDED nual ATLAIMC BONDING CO.ING NO.675989OR NOTICE OF PUBLIC HEARING PROPOSED REZONING AND AMENDMENT TO THE TOWN OF GULF STREAM ZONING MAP NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission will hold a Public Hearing to consider a rezoning of 16.6 acres within the Town and an amendment to the Town's Zoning Map. The hearing will be held on July 13, 2012 at 9 a.m., or as soon thereafter as possible, at the Gult Stream Town Hall, 100 Sea Road Gulf Stream, Florida. At this hearing, the Town Commission will hear all evidence in support of or in opposition to the proposed ORDINANCE NO. 12/02 OF THE TOWN COMMISSION OF THE TOWN , PALM BEACH COUNTY, FLORIDA AMENDING NING MAP TO REZONE 12 PARCELS OF REAL 'RISING APPROXIMATELY 16.6 ACRES, MORE SUCH REAL PROPERTY IS LOCATED GENERALLY OF STATE ROAD At A, SOUTH OF LITTLE CLUB fH OF SEA ROAD AS IDENTIFIED ON ATTACHED FOR All interested persons are encouraged to offend and be heard. The proposed Comprehensive Plan Amendments may be viewed by the Public at the Gulf Stream Town Hall at 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 a.m- and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD that if any person desires to appeal any action mncil at the above hearing, a verbatim record r may bw necessary The Council assumes no turnishmg said record, however, the hearings will ed by the Council for public use. Pursuant to the Provisions of the Americans with Disabilities Act, any person requinng special accommodations to participate in this meeting, because a disability or impairment, should contact the Town Clerk, 561-276-5116 at least five 151 days prior to the hearing in order for the Town to reasonably accommodate your request. Town of Gulf Stream Rita L. Taylor, Town Clerk Publish: Palm Beach Post July 3, 2012 4 NOTICE OF PUBLIC HEARING PROPOSED TEXT AMENDMENT TO THE TOWN OF GULF STREAM ZONING CODE NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission will hold a Public Hearing to consider a text amendment to the Town's Zoning Code. The hearing will be held on July 13, 2012 at 9 a.m., or as soon thereafter as possible, at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida. At this hearing, the Town Commission will hear all evidence in support of or in opposition to the proposed amendment ORDINANCE NO. 12/03 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71 -1, TO INCLUDE NEWLY- ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66 -131, THE NON - CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NOW CONFORMING DENSITY; ADDING SECTION 71 -8, ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDITIONS AND REHABILITATION OF MULTI - FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. All interested persons are encouraged to attend and be heard. The proposed Comprehensive Plan Amendments may be viewed by the public at the Gulf Stream Town Hall at 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 a.m. and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD Notice is given that if any person desires to appeal any action taken by the Commission at the above hearing, a verbatim record of the proceeding may be necessary. The Commission assumes no responsibility for furnishing said record, however, the hearings will be audio recorded by the Commission for public use. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting, because of disability or impairment, should contact the Town Clerk, 561 - 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate your request. TOWN OF GULF STREAM Publish: Palm Beach Post July 3, 2012 Rita Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday N�. ()759893R West Palm Beach, Palm Beach County, Florida NOTICE OF PUBLIC HEARING PROOF OF PUBLICATION PROPOSED TEXT STATE OF FLORIDA AMENDMENT COUNTY OF PALM BEACH TO THE TOWN OF GULF Before the undersigned authority personally appeared Ellen Sanita, who on oath STREAM ZONING CODE says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, NOTICE IS HEREBY GIVEN that the Gulf Stream Town Florida; that the attached copy of advertising for a Notice in the matter Commission will hold a Public Hearing to consider a Ordinance 12/03 was published in said newspaper in the issues of July 3. 2012 text amendment to the Towns Zoning Code. Affiant further says that the said The Post is a newspaper published at West Palm The hearing will be held on July 13, 2012 at 9 a.m., Beach, in said Palm Beach County, Florida, and that the said newspaper has or as soon thereafter as possible, at the Gulf Stream heretofore been continuously published in said Palm Beach County, Florida Town Hall, 100 Sea Road, Gulf Stream Florida. daily and Sunday and has been entered as second class mail matter at the post At this hearing, the Town Commission will hear all office in West Palm Beach, in said Palm Beach County, Florida, for a peri od of evidence in support of or in opposition to the proposed amendment one year next preceding the First publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised ORDINANCE NO. 12/03 any person, firm or corporation any discount rebate, commission or refund for the AN ORDINANCE OF THE TOWN COMMISSION purpose of securing this advertisement for publication in the said newspaper. OF THE TOWN OF GULF STREAM, PALM BEACH FLORIDA, AMENDING THE TOWN'S Also published in Martin and St. Lucie Counties. COUNTY CODE OF ORDINANCES, AT SECTION 71 -1, TO INCLUDE NEWLY - ANNEXED PROPERTIES UNDER THE L RM -EAST AND RM-WEST ZONING DESIGNATIONS; ( AMENDING, AT SECTION 66 -131, THE NON- CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON - CONFORMING DENSITY; ADDING SECTION 71 -8, ADDITIONS AND Sworn to and subscribed before 3'd day of July, A.D. 2012. REHABILITATIONS, TO INCLUDE REFERENCE TO Who is personally known to me. STANDARDS FOR ADDITIONS AND REHABILITATION OF MULTI - FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 1 All interested p 9sed ' o encouraged to attend and be heard. The proposed Comprehensive Plan Amendments may be viewed by the public at the Gulf Stream Town Hall at 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 a.m. and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD Notice is given that if any rson desires to appeal any action taken by the Commission at the above hearing, a verbatim record of the proceeding may be necessary. The Commission assumes no responsibiliy for furnishing said record, however, the hearings will be audio recorded by the Commission for public use. NOTAW KMMCSTATEOFFWRIDA Pursuant to the provisions of the Americans with Kamn D 8�.3 674 Disabilities Act, any person requiring special accommodations to participate in this meeting, Expires: NOV 15, 2012 because of disability or impairment, should contact aotromr�oen.+mtcaammcca,um the Town Clerk, 56T- 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate your request. TOWN OF GULF STREAM Rita Taylor, Town Clerk Publish: Palm Beach Post July 3, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, July 13, 2012 at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 12/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, TO CREATE SECTION 62 -10, TO PROVIDE FOR REVIEW CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE TOWN, AT SECTION 66 -1, DEFINITIONS, TO MODIFY THE DEFINITION OF BASEMENT, AT SECTION 70 -27, DISTRICT DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR DISTRICT ELEMENTS, AT SECTION 70 -70, FLOOR AREA CALCULATION, TO REVISE CALCULATIONS FOR BASEMENTS, AT SECTION 70 -100, ROOF AND EAVE HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT SECTION 70 -238, ROOFS, TO CLARIFY PERMITTED ROOF TILE STYLES, AT SECTION 70- S1, MINOR ACCESSORY STRUCTURES, TO ALLOW WATERFALLS, AT SECTION 66 -367, SWIMMING POOLS, TO RESTRICT WATERFALL HEIGHTS, AT SECTION 66 -369, DOCKS, TO CLARIFY PERMITTED BUILDING MATERIALS, AT SECTION 70 -71, FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND - STORY SETBACKS, AT SECTION 70 -73, SECOND FLOOR AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES FOR SINGLE FAMILY HOMES, AT SECTION 70 -187, TABLE OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW PROCEDURES FOR REQUESTED METAL ROOFS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Publish: Palm Beach Post TOWN OF GULF STREAM, FLORIDA Date: July 3, 2012 Rita L. Taylo Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida I PROOF OF PUBLICATION I STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter Ordinance 12/4 was published in said newspaper in the issues of July 3, 2012. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 31 day of July, A.D. 2012. Who is personally known to me. 0��j k W-�� NOTARY PUBUC-STATE OF FLORIDA t "",� Karen M. Mel inton B ;Commission#DD832672 �+a,,,� „r' Expires: NOV,15, 2012 BONDED TnBO ATLANTIC BONDING CO, INC. NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, June 28, 2012 at 8:30 A.M., and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, July 13, 2012 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Roy Simon as agent for Mr. & Mrs. Paul Lyons, Jr., owners of property located at 2945 Polo Drive, legally described as Lot 12, Gulf Stream Properties Subdivision, Gulf Stream, Florida, for the following: SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bedroom addition of 272 square feet. VARIANCE to permit the replacement of an existing semi- circular flat roof over the dining area with a roof of a complex geometrical configuration consisting of 5 sections. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a bedroom and an enlargement of the dining area which includes a roof of complex geometrical configuration, a total of 323.9 square feet, to the existing Gulf Stream Bermuda style, 1 -story single family dwelling. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, sitting as the Board of Adjustment, and the Town Commission, sitting as the Board of Adjustment, shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission, sitting as the Board of Adjustment of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: May 28, 2012 TOWN OF GULF STREAM, FLORIDA Publish:Palm Beach Post Dates: June June 17, 27, 2012 2012 y[ July 7, 2012 Rita L. Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter Development Approval was published in said newspaper in the issues of jume 17. 27. & .Tub 7 2012. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 9" day of July, A.D. 2012. Who is personally known to me. ( to 7!ti!T NOTARY PUBUCSTATE OF FLORIDA A" , �L Karen M. McLinton Commission #DDR32672 �,,,,,,"I Expires: NOV.15, 2012 HMED THBD ATLANTIC BONDING CO, INC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, June 28, 2012 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, July 13, 2012 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Roy M. Simon, Architect as agent for Mr. & Mrs. Peter A. Lyons owners of property located at 3550 Gulf Stream Road, Gulf Stream, Florida 33483, legally described as Lot 2, Block 2, Plat No. 1 Polo Fields, Gulf Stream, Florida, for the following: SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bathroom addition of 277 square feet. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 488.7 square feet, to existing Colonial West Indies 1 -story single family dwelling; the removal of existing pool and construction of a new pool; and the removal of the circular driveway to accommodate a front lawn enclosed with a 41 high fence. The driveway into the garage will be Chicago brick and a back -out space will be included. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: June 8, 2012 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, Town Clerk MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 8, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor C Koch. III. Roll Call. Present and William F. Koch Mayor Participating Joan K. Orthwein Vice -Mayor Muriel J. Anderson Commissioner Fred B. Devitt, III Commissioner Absent w /Notice W. Garrett Dering Commissioner John Randolph Town Attorney Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk James Landquist Applicant 800 Tangerine Way Danny Brannon, Brannon Underground Consult. & Gillespie Marty Minor, Urban Town Consultant Design Kilday Studios Rep. Bill Hager Florida Legislature IV. Minutes. A. Regular Meeting of May 11, 2012 B. Special Meeting of May 22, 2012 Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve both the Minutes of the Regular Meeting of May 11, 2012 and May 22, 2012. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Clerk Taylor stated that Item IX.D.3., Water Usage Report was omitted from the Agenda in error and will be added to the agenda. She said the Report was, however, included in the agenda packets. Mr. Thrasher requested to defer Item IX.D.2., Revenue /Expense Report (proposed) until the July 13th Commission Meeting. He said it is a new format and he would like to discuss this item when Commissioner Dering is able to join 0 the meeting via telephone. The item was deferred. VI. Public Requests. A. Report on 2012 Legislative Session - Representative Hager Representative Bill Hager introduced himself and said he represents House District 89, which runs from the Broward /Palm Beach County line hugging the coast and Intracoastal up to Palm Beach, inclusive of Singer Island. He acknowledged and recognized Mayor Koch and said, at his request, the Florida House of Representatives recently passed a Resolution honoring Mayor Koch's half century plus service in Gulf Stream. Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 2 Rep. Hager said his orientation of the Florida Legislature has been lower taxes, limited government, personal responsibility, balanced budgets, private sector growth and individual liberties. He said Florida had a revenue shortfall two years ago of $4 billion dollars and spending was cut by $4 billion dollars. In the most recent year Florida had a revenue shortfall of $2 billion dollars, expenditures were cut by $2 billion dollars and, in addition, Florida was the only state in the nation to cut taxes in the recent year. Rep. Hager said Florida is a well- managed state, bonds are Triple -A rated, and a recent survey of 500 CEOs ranked Florida as the number two state in the nation as a place to start, grow and foster a new business. Florida has the 5th lowest taxes in the nation and schools rank 11th in the nation due to increased academic content in the classroom. He said a law was passed in the recent year putting significant control on the misuse of prescription drugs, particularly pain killers, which were killing people at the rate of 6 per day. Rep. Hager said he recently co- sponsored a new piece of legislation called Caylee's Law which makes it a felony for parents failing to report a missing child within a reasonable time. Mayor Koch thanked Rep. Hager for his update. Rep. Hager initiated a round of applause for Mayor Koch for his service to the Town. VII. Announcements. A. Regular Meetings and Public Hearings 1. July 13, 2012 @ 9 A.M. 2. August 10, 2012 @ 9 A.M. 3. September 14, 2012 @ 9 A.M. 4. October 12, 2012 @ 9 A.M. 5. November 9, 2012 @ 9 A.M. 6. December 14, 2012 @ 9 A.M. There were no conflicts with the Meeting Schedule. Clerk Taylor said that budget hearings are coming up, and she said the presentation and certification of the proposed millage rate will take place during the July 13th Regular Meeting. Clerk Taylor stated that another meeting will be scheduled in September, in addition to the Regular September Meeting, as soon as the County and School Board schedule there meetings. VIII. PUBLIC HEARING. Clerk Taylor asked for declarations of ex -parte communication. There were no declarations. She administered the Oath to James Landquist and Marty Minor. A. Applications for Development Approval 1. An application submitted by James F. & Pamela Landquist, owners of the property located at 800 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 16, Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit a 155 sq. ft. garage addition to the existing 396 sq. ft. garage that encroaches 7.8' into the required 20' rear setback. Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 3 b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 155 sq. ft. garage addition to the existing Gulf Stream Bermuda Style single family dwelling. Mr. Landquist stated that he is proposing to expand his one -car garage to a two -car garage and that will alter the configuration of the driveway. He said the rear of his property faces Federal Highway where a new car dealership will be located and, therefore, they would like O additional landscaping in that area. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve a Special Exception to permit a 155 SF garage addition to the existing 396 SF garage that encroaches 7.8 feet into the required 20 feet required setback. There was no discussion. All voted AYE. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve Level III Architectural /Site Plan based on a finding that the proposed 155 SF garage addition to the existing Gulf Stream Bermuda Style single family dwelling meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. IX. Reports. A. Utility Undergrounding Update -Danny Brannon (engineer) Danny Brannon of Brannon & Gillespie presented a status report. He said the next step is to compile construction documents to go out for bid, but he said the meeting with FP &L to review their final designs has been delayed. Mr. Brannon said they issued a request to FP &L for the engineering on the next phase and, other than that, we are in the same position as a month ago. He said FP &L is inventorying lines to be removed and reviewing the proposed routing and equipment locations to verify that everything is where it is supposed to be. Mayor Koch asked if the project could go through two hurricane seasons. Mr. Brannon confirmed that, but he said there are provisions in the contracts with regard to penalties due to delays. He said there may be some delay in FP &L removing poles, they are experiencing a slow response from AT &T and Comcast has been very responsive. Mr. Brannon said there may be some delay in executing everything in the desired timeframe, but the schedule has not changed since last month. He said AT &T's landline business is fading, they are focusing on wireless and they have come up with better services. AT &T installed a new piece of equipment in Jupiter Inlet Colony called an Optical Electrical Interface cabinet which allows the copper to go from the house through this cabinet to become fiber optic, resulting in an enhanced competitive performance. Mayor Koch asked about choosing new light poles. He said the Town must determine whether they want to install Town -owned or power company -owned poles. FP &L has the poles and there is no up -front cost; however, he said the Town would start incurring the monthly charges. Mr. Brannon said the street lighting conversion is usually done separately from the undergrounding conversion. B. Town Manager - Mr. Thrasher did not have a report. C. Architectural Review & Planning Board 1. Meeting Dates a. June 28, 2012 @ 8:30 A.M. Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 4 b. July 26, 2012 @ 8:30 A.M. c. No meeting in August d. September 27, 2012 @ 8:30 A.M. e. October 25, 2012 @ 8:30 A.M. f. November to be determined g. December 27, 2012 @ 8:30 A.M. ^ 2. Zoning /Development Code Amendment Recommendations (�J`1 The Town Clerk advised that the following recommended actions are included in proposed Ordinance No. 12/4 that will be considered under Commission Action. Mr. Minor said the ARPB has worked on additional code changes that address incentives and requirements to create visual interest in the architecture of single family homes, particularly two - story, for the purpose of avoiding boxyness. With regard to Section 70 -71. Floor area ratios., their recommendations for voluntary incentives are as follows: For new structures in all districts, FAR may be increased to .33 for the first 20,000 SF of lot area, plus .25 for portions above that if a minimum 10 -foot setback is provided on any multi -story portion of the structure. The 10 -foot setback is in addition to the minimum required front setback. The structure must conform to all applicable setbacks. For alterations to existing structures in all districts, FAR may be increased to .33 for the first 20,000 SF of lot area, plus .25 for portions above that if architectural features are added to the structure. The features may take the form of a porch or balcony, but must be located on the front side of the structure and must occupy a minimum of 150 SF. Mr. Minor said the ARPB also wanted to establish mandatory measures requiring variations in the facades of multi -story single family homes to avoid the cookie - cutter home. The ARPB recommends changes in Section 70 -73 for all zoning districts to limit the second floor areas of homes to 70% of the first floor area and to add the requirement that each two - story home provide at least one of four architectural design features to facades facing the streets, which are: A second -story setback of at least 5 feet; a front porch with a minimum depth of 8 feet; a balcony of 24 SF or more; or, an arcade. Mr. Minor said this feature includes a waiver provision that the Town Commission may waive this requirement if the applicant can demonstrate that it is not consistent with the architectural style and that the desired visual interest is created J through other means. He said these recommendations give the architect options to make his case, but the goal is to reward good design. These changes were well received by the Commission. a. Section 70 -71, Floor Area Ratio D. Finance Director 1. Cash & Budget Report for May 2012 Mr. Thrasher noted the changes in the Financial Report which were due to a simple mathematical error. These changes are on pages 2 and 3 of the May Report and they have been highlighted. Mr. Thrasher requested that the Cash & Budget Report for May 2012 be approved as amended. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve the Report as amended. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 5 2. Revenue /Expense Report for May 2012 -All Funds (proposed) This Item has been deferred to the July 13, 2012 Commission Meeting. 3. Water Usage Report. This Item was added to the Agenda. There was no discussion. E. Police Chief 1. Activity for May 2012 O Chief Ward requested that the Activity Report for May 2012 be accepted as submitted. The Report was accepted. 2. Dogs on the Beach Chief Ward said the issue of unleashed dogs on the beach was discussed at the last meeting and the Commissioners asked him to look into the situation and make some recommendations. He said he went back through 14 years of database, there were a total of 36 complaints averaging 3 per year, and he said it does not warrant an ordinance change. Chief Ward said most of the violators were from out of town, they immediately complied when learning of the restrictions, there were no repeat offenders, and he said he feels the situation is under control as currently being handled. He said citations are available through Palm Beach County Animal Control and Gulf Stream Police can issue a citation usually after the first warning, but he said there is very little enforcement by the County in these matters. Chief Ward said since May, 2010 there have been 50 complaints of unleashed dogs in the streets of Gulf Stream as compared to 3 complaints of unleashed dogs on the beach. He said some residents expressed annoyance with a possible ordinance change for the beach because they do not break the law. Most offenders do not live in Gulf Stream and there has not been an increase in complaints in recent years. Commissioner Devitt commented that people are entering the beach with their dogs somewhere along the ocean. Chief Ward said access is available along N. Ocean Blvd. where the homes begin, but he said the Police Department has been monitoring this situation and will continue to do so. 3. Establishment of a School Zone Chief Ward said he recently met with parents that have legitimate concerns with regard to the safety of their children on our streets. He said Gulf Stream has considerable street traffic, there are no sidewalks and the streets are very narrow. Traffic is generated from several sources such as UPS /FedEx, 18- wheeler delivery trucks, construction vehicles and dump trucks. Chief Ward mentioned the "Right Turn Only" sign at Gulfview Dr. and AlA saying that commercial traffic will take Gulf Stream Rd. or Polo Dr. to a street where they can access AlA. They J may cross Lake View or Banyan, or they may stay on Gulf Stream all the way to AlA. Chief Ward said the sign is necessary because the Australian Pines on the north side of Gulfview Dr. block the view leaving no vantage point to make a left turn on to AlA. He said there have been several accidents, including a fatality, due to vehicles attempting to make a left turn at that point. Chief Ward said there are 50 children living in the Core and the demographic will grow because of the School. He said the police department will continue to monitor this situation and coordinate with construction vehicles that must make the left turn onto AlA. Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 6 Chief Ward said he is recommending additional stop signs on both Gulf Stream Rd. and Polo Drive, starting at Gulf Stream Rd. (north and south), Gulf Stream and Middle (north and south), Polo and Middle (north and south) and Lake View and Polo (north and south). He said this will slow local vehicles and construction traffic and address some blind corners on both Middle and Lake View. Chief Ward said he is considering a 4 -Way stop at County Rd. and Sea Rd., but he said it could cause a backup of school traffic at dismissal time and he has not yet determined whether or not it would be beneficial. Mr. Thrasher asked how many stop signs are being proposed. Chief Ward said he is proposing six (6). Chief Ward said that Gulf Stream does not have a true "School Zone" and, therefore, he recommends a reduction in the speed limit from 20 MPH to 15 starting east of County Rd. around to Lake View, and then the reverse being from Lake View to east of County Rd. He said this will require some non - flashing "School Zone" and "End School Zone" signage, posting the hours of 7:30 AM to 8:30 AM, 1:30 PM to 2:30 PM and 3:30 PM to 4:30 PM., and posting "Fines Doubled in School Zone." Chief Ward said he has not yet determined sign locations, but they will remain throughout the year and will not be enforced when school is in recess. Mayor Koch asked if these signs will be in place for the next school year and Chief Ward said he is working on it. Scott Fogarty, a concerned parent, stated that he is very grateful to the Town and the Police Department for taking these steps toward the safety of the children. Robert Ganger said it is a perfect example of citizen initiative involving parents. Chief Ward said he will make sure that parents remain involved, act responsibly and support this initiative. He said another issue is the exit flow of traffic from the School. The School's signage must be more official and Chief Ward said he is working with the Head Master concerning this matter. X. Items for Commission Action. A. Ordinances -First Reading 1. No. 12/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE- FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. (1't reading) Clerk Taylor read the title of Ordinance No. 12/2 presented to the Commission for 1st reading this 8th day of June, 2012. Commissioner Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 7 Devitt moved and Commissioner Anderson seconded to approve Ordinance No. 12/2 on 1" reading, to be presented for 2nd reading and adoption on July 13, 2012. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; and, Mayor Koch, AYE. Ordinance No. 12/2 was unanimously approved on lst reading by a vote of 4 - 0. 2. No. 12/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF SSTREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71 -1, TO INCLUDE NEWLY- ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66- 131, THE NON- CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON - CONFORMING DENSITY; ADDING SECTION 71- 8,ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDDITIONS AND REHABILITATION OF MULTI - FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1ST reading) Clerk Taylor read the title of Ordinance No. 12/3 presented to the Commission for lst reading this 8th day of June, 2012. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve Ordinance No. 12/3 on 1st reading, to be presented for 2nd reading and adoption on July 13, 2012. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; and, Mayor Koch, AYE. Ordinance No. 12/3 was unanimously approved on l't reading by a vote of 4 - 0. 3. No. 12/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, TO CREATE SECTION 62 -10, TO PROVIDE FOR REVIEW CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE TOWN, AT SECTION 66 -1, DEFINITIONS, TO MODIFY THE DEFINITION OF BASEMENT, AT SECTION 70 -27, DISTRICT DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR DISTRICT ELEMENTS, AT SECTION 70 -70, FLOOR AREA CALCULATION, TO REVISE CALCULATIONS FOR BASEMENTS, AT SECTION 70 -100, ROOF AND EAVE HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT SECTION 70 -238, ROOFS, TO CLARIFY PERMITTED ROOF TILE STYLES, AT SECTION 70 -51, MINOR ACCESSORY STRUCTURES, TO ALLOW WATERFALLS, AT SECTION 66- 367 SWIMMING POOLS, TO RESTRICT WATERFALL HEIGHTS, AT SECTION 66 -369, DOCKS, TO CLARIFY PERMITTED BUILDING MATERIALS, AT SECTION 70 -71, FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND -STORY SETBACKS, AT SECTION 70 -73, SECOND FLOOR AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES FOR SINGLE FAMILY HOMES, AT SECEION 70 -187, TABLE OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW PROCEDURES FOR REQUESTED METAL ROOFS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1ST read) Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 8 Clerk Taylor read the title of Ordinance No. 12/4 presented to the Commission for lst reading this 8th day of June, 2012. Commissioner Devitt said he reviewed the recommended changes and wanted to comment on Section 70 -238, Roof, Required. He referred to the portion of Section 70 -238 addressing flat gray thru and thru tile where it says "subject to there being no objection filed by a neighboring property." Commissioner Devitt said he believes a neighboring property should not have the right to influence such a decision. Mr. Minor said this language was added before adding the phrase "subject to Level III review" and, therefore, "subject to no objection filed by a neighboring property" is no longer applicable and should be taken out. He said there will be opportunities for public discussion during a Level III /Architectural Review. Commissioner Anderson said she is not comfortable with the phrase "appropriate for the neighborhood" and she asked what criteria this is based on. Mr. Minor said it is based on other roof types and architectural styles of the neighborhood. He said there are two established roof tiles that are permitted without going through a review process, which are flat white tile thru and thru and gray slate. Mr. Minor said there are many variations of gray which may require a Level II or Level III review. Commissioner Devitt clarified saying white or gray slate would be approved administratively, but anything other than that would be subject to a Level III review before the Commission and the Commission would have to be convinced that it is appropriate for the neighborhood. Commissioner Anderson said it is very vague and things have gone wrong in the past. Mr. Thrasher said in a Level III Review, there are a lot of criteria that can be absorbed from the Code regarding the architectural style of the home, the number of those homes in the area and the roof material itself. With regard to the first part of this section as stated, he said he recalls discussions about striking Level II approval because if someone applies for a reroof using these two required materials it would be approved administratively. Mr. Minor agreed saying "Level II approval" was stricken for that reason and then Level III approval was added to the next sentence. Commissioner Anderson said that "appropriate for the neighborhood" is a very gray area and she is concerned that it is included in the criteria used in a Level III review. Commissioner Devitt said there a lot of references like that throughout the Code and Mr. Thrasher said it is there to use as a tool. �i Clerk Taylor said Commissioner Dering asked her to express his opinion concerning roof material, which is: When referring to gray slate or gray thru and thru tile, it be should be modified with "dark gray." Mr. Ganger said that the ARPB had previous discussions addressing the different shades of gray and, with regard to Commissioner Dering's opinion concerning this matter, he said the Commission should move forward on this today and allow the ARPB to come up with language that will provide clarification for second reading. Clerk Taylor said, since we are having first reading today, any changes would have to be less restrictive than what is adopted on first reading. Mr. Thrasher said he Regular Meeting and Public Hearing Town Commission - June B, 2011 Page 9 believes this is very easy to administer and the second option puts it out there for residents and peers to evaluate the appropriateness. Vice -Mayor Orthwein asked about replacing an existing blue roof with a blue roof. Mr. Thrasher said when doing a complete reroof, it must comply with current applicable sections of the Code. Mr. Minor said they would need to apply for a variance. Commissioner Devitt commented O that replacement of existing may not belong in this section and Mr. Thrasher said this matter may require further discussion. He said the nature of the Code is to try to align to a particular architectural style, and he said the concept Vice -Mayor Orthwein is referring to conflicts with several parts of the Code that allow us to align all portions of a structure to a particular architectural style. Mr. Minor said this section of the Code deals with Georgian, Cape Dutch and Bermuda architectural styles. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve Ordinance No. 12/4 on 1st reading as amended with two changes, to be presented for 2nd reading and adoption on July 13, 2012. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, NO; and, Mayor Koch, AYE. Ordinance No. 12/4 was approved on 1st reading by a vote of 3 - 1. Clerk Taylor said the three Ordinances will be presented for second reading on July 13th, along with Ordinance 12/1 pertaining to the Comp Plan, which passed on first reading and has been reviewed, approved and returned by the State and other appropriate agencies. Commissioner Anderson said she still has a problem with the entire Code where it refers to "appropriate for the neighborhood." She gave an example of one case in Place Au Soleil where the architect was asked for a streetscape and he provided the entire neighborhood. Commissioner Anderson said if you consider the entire neighborhood it encourages approval of their request rather than what is appropriate. Mr. Thrasher said maybe the ARPB should use this scenario as a case study to develop a definition. B. Items by Mayor & Commissioners There were no items by the Mayor or Commissioners. XI. Public. Robert Ganger, President of the Gulf Stream Civic Association and the Florida Coalition for Preservation brought up the potential merge of police services between the Town of Ocean Ridge and the Palm Beach County Sheriff's Office (PBSO), and the possibility of City of Boynton Beach also merging with the PBSO. He said Ocean Ridge discussed merging with the PBSO, abdicating control of their police force and driving PBSO vehicles while policing Ocean Ridge. The terms have not yet been negotiated, but it would mean a significant cut in costs for the Town of Ocean Ridge. Mr. Ganger said he attended a Boynton Beach Commission Meeting where they discussed a possible merge with the PBSO, and he said the Mayor announced that there would be no opportunity for comment by either the Commissioners or the Public. He said Manalapan is looking at several merge options, including merging their force with South Palm Beach or with Ocean Ridge and South Palm Beach, and he said they will also explore a PBSO proposal. Mr. Ganger Regular Meeting and Public Hearing Town Commission - June 8, 2011 Page 10 said the issues are complex, there is a lot of uncertainty and no consideration of one community doing something that will affect another community. Mr. Ganger said the Coalition has a task force called the AlA Future Plan. Their objective is to evaluate long term situations relating to barrier island communities, look for common issues and look at decisions made by one community that will impact other communities. He requested that the Commissioners discuss this matter at their next meeting. Mr. Ganger said the Town should determine whether or not they wish to abdicate police capabilities on the barrier island to the PBSO and, if so, how and why? Mayor Koch asked if the PBSO has a defined benefit plan and Mr. Ganger confirmed that and said it will be a problem. Mr. Ganger said we all know what the objectives are, but we do not know what the strategy or tactics may be, and, therefore, the Town must get as much information as possible and figure out how they want to approach the matter. He said Ocean Ridge asked former Mayor Kaleel to negotiate with the PBSO on their behalf and he has not yet made a decision. This is a very complicated matter and it calls for citizens and elected officials from every community to work together. Mr. Thrasher said a key element is the concept of Home Rule where each local municipality has the right and responsibility to manage their local government according to the needs of their residents. Once you align yourself with defined benefits outside of the defined contribution pension plans you have lost Home Rule control. Mr. Thrasher said the Commission could change the contribution going to our pension plan in one meeting because the Town is not aligned with anyone controlling our decisions other than the Commission. He added that it would be counterproductive and irresponsible to approach this matter with any other philosophy than Home Rule. Mr. Ganger said Ocean Ridge residents have made comments that they do not want anyone else running their Town. Vice -Mayor Orthwein said that Ocean Ridge residents want to keep their police force and she believes Gulf Stream residents feel the same. Mr. Thrasher said we have a responsibility to determine the level of service our residents want and the responsibility to fund it, and he said we definitely have the ability to do so. Mr. Ganger said the Coalition is asking for the support of the Town Commission. Vice -Mayor Orthwein stated that they do have the support of the Commission, and she said the Commission will U discuss this matter at their next meeting. XII. Adjournment. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to adjourn the meeting. The meeting was adjourned at 10:35 A. Gail C. Abbale Administrative Assista t