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HomeMy Public PortalAbout12/19/1989 * Special Comprehensive Plan MeetingTOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS KATHLEEN S. WALLACE SPECIAL MEETING OF THE TOWN COMMISSION LAWRENCE E. STAHL ON THE COMPREHENSIVE PLAN December 19. 1989 at 8:00 a.m MAIL ADDRESS 100 SEA ROAD GULF STREAM. FLORIDA 33463 TEL.: GULF STREAM (407) 2765116 Town Manager FRANKLIN E. FLANNERY The meeting was called to order at 8:00 a.m. by the Hon. William F. Koch, Jr. Mayor. Roll Call Present: William F. Koch, Jr. Alan I. Armour Lawrence E. Stahl Kathleen S. Wallace Absent: James E. Cross Also present: Franklin E. Flannery E. Scott Harrington Terry Clark Mayor Koch noted a quorum present. Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Resource Engineering & Planning, Inc. Resource Engineering & Planning, Inc. First Item: The Town Commission recommends the Town Manager obtain the services of a qualified Hearing Officer who will make recommendations to the Commission on the Peterson matter. On motion duly made and seconded the Commission voted unanimously to implement the noted recommendation. Meeting Subject: Terry Clark spoke on a follow -up to two letters, dated December 11, 1989 from Scott Harrington included herewith and made a part of this record. Letters number one (Compliance Letter) and letter number two (Land Development) were sent to the Mayor and the Commission. Emphasis at this meeting is on letter number one with notice of time limitations on letter number two. Special Meeting of the Town Commission December 19, 1989 Page Two - Minutes Scott Harrington spoke on the Compliance letter noting the progression of filing requirements to date. Mr. Harrington then spoke on alternatives available to the Town. The Town is expected to sign a Compliance Agreement stating what the Town will do and how the Comprehensive Plan will be amended to be in compliance with State Statutes and Rules. The second step will then be to go ahead and amend the Plan stating what water conservation methods the Town will undertake. Mr. Harrington stated there are two areas in which the Town is not in compliances One is there are no policies for water conservation and the other is lack of a water level usage policy based upon future lower level water usage. The Commission will be asked to sign a Contract with DCA after agreement has been reached on requirements and compliance. After adoption of an Agreement the Town will adopt legal instruments, Resolutions or Ordinances, to implement the Agreement. Discussion ensued on gallon usage by the community noting heaviest usage is for irrigation, noting also Town usage is approximately ten times higher than state averages. The goal is to significantly reduce consumption, perhaps 10 to 20 per cent over a five year period. Mr. Harrington and the Commission proceeded through the items listed in the Compliance letter discussing each problem and possible solutions. Under New Development the Commission noted the stated items usage could be encouraged in existing development - shower heads, timers, etc. Mr. Harrington expects that by the end of January Resource Engineering will get a contract with DCA and then proceed to file the amendments to the text of the Plan in the first quarter. Mr. Flannery noted receipt of a letter with a contract allowing the Town to obtain the $10,500. Contract was forward to the Town Attorney for review. Mr. Harrington noted there is Compliance Funding available. It is part of the whole compliance contract and must be worked out with the State. The Mayor stated that the Town agreement with Resource Engineering is whatever the State gives the Town will be enough. Land Development Mr. Harrington noted there will not be any further funding for land development regulations for Gulf Stream. The Land Development Regulation Needs are supposed to be in place by February, 1990. The Town must specify what it will do for the current funding which was applied for in October, 1989. Mr. Harrington discussed the Land Development Regulation Needs noting each item under specific State Statutes noting also many items are in the Comprehensive Plan. Special Meaeting of the Town Commission December 19, 1989 Page Three - Minutes Land Development (continued) Discussion ensued on what exactly is required of the Town. Mayor Koch noted only thirty lots are available for development. Mr. Harrington responded that the Town need only develops a system documenting Town information and that he will supply said information to the State by the January deadline. Mr. Stahl made a motion subject to review by the Town Attorney that the Mayor sign and return this Document to the State as soon as possible. This motion was seconded and unanimously approved by the Commission. The last category "LDR'S Required by the Comprehensive Plan" was discussed line by line noting application of County Ordinances. Mr. Harrington gave a date and subject timetable for submission of information requirements to the State suggesting the Commission consider items 1 and 2 and 1 through 11 in the near future to determine how it wants to address said items (adopt County Ordinances or draw Town Ordinances) and to control issuance of Building Permits for compliance with the Comprehensive Plan by February 1, 1990. Notice was taken of two additional sources of funding -money from the State. Motion was made to authorize Resource Engineering to proceed with this program and to expend funds up to the limit the State will reimburse to the Town. Motion seconded and unanimously approved. The meeting was adjourned at 9:15 a.m. Franklin E. Flannery Florida East Coast Chapter The Associated General Contractors of America; Inc. 2617 Australian Avenue West Palm Beach, Florida 33407 Telephone. (407) 633 -3609 Fax (407) 633.6024 Please reply to: West Palm Beach October 16, 1989 Mr. Franklin E. Flannery, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Flannery: 2770 North Indian River Boulevard Suite 304 Vero Beach, Florida 32960 Telephone: (407) 7781325 Fax: (407) 5699303 As you requested during our telephone conversation on Friday, October 6, 1989, I have enclosed for your information and use a copy of Chapter 70 -857 Laws of Florida. This Chapter es- tablishes the countywide municipal occupational licenses for construction in Palm Beach County, Florida. Please note Page 1052, Section 4: "Before doing business in any municipality, the purchaser of a countywide municipal license shall register with the city clerk or occupational license tax office of that municipality and pay to that mun2ei pael,tu a .two dottah. 152_00) neoistrtation flee. Registra an payment ee is required only once during the license year." Your continued cooperation in these matters is greatly appre- ciated. 'Arild with the Nest„ TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS KATHLEEN S. WALLACE LAWRENCE E. STAHL Dear Commissioner: November 13, 1989 At the November 17, 1989 meeting of the Town Commission Scott Harrington of Resource Engineering and Town Manager Frank Flannery will speak on Land Development Regulation and pertinent Ordinances. Please be advised that the required readings of said Ordinances will necessitate two meetings of the Town Commission in January, 1990. Regular meeting Special meeting January 12, 1990 January 19, 1990 MAIL ADDRESS 100 SEA ROAD GULF STREAM. FLORIDA 33463 TEL GULF STREAM (407) 276 5116 Town Manager FRANKLIN E. FLANNERY I JONES. FOSTER, JOHNSTON & STTTBBS, P.A. Mr. Frank Flannery Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 RE: Town of Gulf Stream South Florida Water Management District Model Water Shortage Ordinance Our File No. 13147.1 Dear Frank: A . BRUCE JONES 11U lm HENRY F LILIENTHAL IS9 IYB2 HARRY ALLISON JOHNSTON 11IM1Ym RETIRED WILLMM A. FOSTER OTHER LOCATION H N E. FOURTH AVE. DELRAY BEACH, FLORIDA SHIM Please find enclosed for your information a copy of a sample ordinance which was provided to me by the South Florida Water Management District. The District is requesting that municipalities pass such an ordinance in order to provide for consistency of water use regulations. Very truly ours, oh4CRandolph JCR /ss Enclosure ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER j 505 SOUTH FLAOLER DRIVE ELEVENTH FLOOR P.O. DRAWER E LARRY B. ALZLANDER BLAIR R. LITTLE JOHN. III WEST PALM BEACH, FLORIDA 33402 -3475 GEORGE H. SALEY JOHN M. L AOU% KEVIN C. BEUiIENIAULLER JOHN SLAM MvCRACOQN (407) 8593000 MICHAEL 0. BROWN TIMOTHY E. MONAGHAN FAX: (407) 832 -1454 MARGARETI. COOPER JOHN C RALDOLDH REBECCA O. WAHE ANN WRR O. RQC!ONICO RAMY G ELLMON ANDREW q. IbB9 L MARTIN FLANAGAN STEVEN J. RORYAAN LORI E. HANDEL9MAL PETER A. SALNB SCOTT O. MAIMUNS JOEL T. STRAWN THORNTON M. HENRY SIDNEY A. MINIM. JR. WRITER'S DIRECT LINE; PETER S. H0.TON ALLEN R. TOMlJN3011 HARRY A. JOHNSTON. II ,JOAN 8. TROUPER JAJUgG MICHAEL P'WAIH B. IGEI -EI H. wEAMT October 30 1989 CHMLEB B IUnAL CHARLES At PAUL UL C WGl£E F MICHAEL T KRAIIZ MARC 9. WOOIF S Mr. Frank Flannery Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 RE: Town of Gulf Stream South Florida Water Management District Model Water Shortage Ordinance Our File No. 13147.1 Dear Frank: A . BRUCE JONES 11U lm HENRY F LILIENTHAL IS9 IYB2 HARRY ALLISON JOHNSTON 11IM1Ym RETIRED WILLMM A. FOSTER OTHER LOCATION H N E. FOURTH AVE. DELRAY BEACH, FLORIDA SHIM Please find enclosed for your information a copy of a sample ordinance which was provided to me by the South Florida Water Management District. The District is requesting that municipalities pass such an ordinance in order to provide for consistency of water use regulations. Very truly ours, oh4CRandolph JCR /ss Enclosure d SOUTH FLORIDA WATER MANAGEMENT DISTRICT MODEL WATER SHORTAGE ORDINANCE ORDINANCE NO. AN ORDINANCE OF COUNTY /CITY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR EMERGENCY ENACTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a water shortage or water shortage emergency may be declared from time to time by the South Florida Water Management District affecting (County /City); and WHEREAS, ,during such water shortage condition the amount of surface and groundwater supplies may become insufficient to meet current or anticipated demands; and WHEREAS, upon the existence of such conditions it becomes imperative to the Public well being that certain uses of water be restricted or curtailed and that available water resources be allocated; and WHEREAS,—the South Florida Water Management District has primary responsilitlity under Chapter 373, Florida statutes, for regulating water use and allocating available water supplies during periods of water shortage; and WHEREAS, the South Florida Water Management District has adopted a "Water Shortage Plan ", codified as Chapter 40E -21, Florida Administrative Code, for the purpose of allocating and conserving the water resource during periods of water shortage and maintaining a uniform approach towards water use restrictions; and WHEREAS, the South Florida Water Management District has requested the assistance of (County /City) in the enforcement of the " provisions of the "Water Shortage Plan "; and F' C WHEREAS, it is the desire of the Board of County /City Commissioners of County /City to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan" during a water shortage or water shortage emergency; and WHEREAS, section 373.609, Florida Statutes, provides that it shall be the duty of county /mugicipal governmental and law enforcement officials to assist the South Florida Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the South Florida Water Management District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY /CITY COMMISSIONERS OF COUNTY /CITY, FLORIDA: Section 1. INTENT AND PURPOSE 1.01 It is the intent and purpose of this ordinance to protect the water resources - of County /City from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its Water Shortage Plan. Sections. DEFINITIONS - 2.01 For the purpose of this Ordinance the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall' is always mandatory and not merely directory. (a) "District" is the South Florida Water Management District. 2 J (b) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. (c) "Water resource" means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. (d) "Water shortage condition" is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. (e) "Water shortage emergency" means that situation when the powers which can be exercised under part 11 of chapter 4013-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. ' Section 3. APPLICATION OF ORDINANCE 3.01 The provisions of this ordinance shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency," as determined by the District, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This ordinance shall not apply to persons using treated effluent or saltwater. —Section 4. AMENDMENTS TO WATER SHORTAGE PLAN -4.01 Chapter 4013-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of the County /City Code. Section 5. DECLARATION OF WATER SHORTAGE; WATER SHORTAGE EMERGENCY 5.01 The declaration of a water shortage or water shortage emergency within all 3 or any part of County /City by the Governing Board or the Executive Director of the District shall invoke the provisions of this Ordinance. Upon such declaration all water use restrictions or other measures adopted by the District applicable to Count /Cit y y, or any portion thereof, shall be subject to enforcement action pursuant to this Ordinance. Any violation of the provisions of Chapter 40E -21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this Ordinance. Section 6. ENFORCEMENT 6.01 Every police officer or sheriff having jurisdiction in the area governed by this Ordinance shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Ordinance. In addition, the County /City Administrator may also delegate enforcement responsibility for this Ordinance to agencies and departments of County /City government, or cities in the service areas governed by this Ordinance, in accordance with state and local law. Section 7. PENALTIES 7.01 — Violation of any provision of this Ordinance shall be subject to the following penalties: " - — First violation $25.00 Second and subsequent violations Fine not to exceed $500 and /or - imprisonment in the County jail not to exceed 60 days Each day in violation of this Ordinance shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The County /City, in addition to the criminal sanctions contained herein, may take any other appropriate legal 4 action, including but not limited to emergency injunctive action, to enforce the provisions of this Ordinance. Section 8. WATER USERS TO ACCEPT PROVISIONS OF ORDINANCE 8.01 No water - service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this Ordinance. The acceptance of water service shall be in itself the acceptance of the provisions thereof. Section 9. ORDINANCES REPEALED 9.01 All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 10. SEVERABILITY 10.01 If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 11. DECLARATION OF EMERGENCY 11,01 This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four - fifths (4 /5ths) vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. Section 12. INCLUSION IN CODE 12.01 It is the intention of the Board of County /City Commissioners that the provisions of this Ordinance shall become and be made a part of the 5 a w t �j County /City Code; and that the sections of this Ordinance may be renumbered or relettered and the word 'ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 13. EFFECTIVE DATE. 13.01 This Ordinance shall be immediately certified by the Clerk of the Board to the Department of State and shall take effect upon receipt of official acknowledgment to this office that it has been filed. PASSED AND DULY ADOPTED by the Board of County /City Commissioners of County /City, Florida this day of , 1985. Prepared by: South Florida Water Management District Office of Counsel Post Office Box V West Palm Beach, FL 33402 -4238 -�L —(305) 685 =8800 (800).432-204-5-(toll free) 6 COUNT', MUNICIPAL, AND OTHER PUBLIC OFFICERS KOCH, WILLIAM F.,JR. TOWN COMMISSION NG ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMIT WHICH 1 SERVE IS A UNIT OF: 900 E. Atlantic Avenue Palm Beach C *IIY COUNTY OTHER LOCAL AGENCY Town COUNTI' NAME OF POLITICAL SUBDIVISION: Delray Beach,. Fl. 33483 Town of Gulf Stream JN WHICH VOIE (X'C'URREU MY POSITION IS: November 17, ,1989 X. ELECTIVE APPOINTIVE WHO MUST FILE FORM as This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: s person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for wording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited frodt knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, William F. Koch. Jr. hereby disclose that on November 17 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or _ inured to the special gain of (b) The measure before my agency and the stature of my interest in the measure is as follows: My office sold the land to Mr. Woolley. I , 1989 , by whom 1 am retained. November 17, 1989 (N %'i�G/ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIF DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY'ONE OR MORE OF THE FOLLOWIi._. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. E FORM IS - 10 -86 PAGE Digby Bridges, Marsh & Associates, Y.A. 124 N.L. 5111 AVENUE, DELRAY L'EACII, FL 33183 407- 278 -1388 31 October 1989 To All The members of the Town Commission Planning & Zoning Board Special Board 100 Sea Road Gulfstream, FL 33483 Dear Members: Enclosed are lot ratio calculations for various sites in Gulf- stream. I would like to make the following suggestions and comments. 1. One of the charms of Gulfstream, and older parts of other old towns and communities in the area, is the architectural diversity due to different setbacks, and not excessive height or over -bear- ance. The thinking of the past few years, of large setbacks, what I call "The thou shall -be set- back ", of 15 ft. 25 ft, 25% 15% etc. does not create good architecture, or planning, hence, neighborhood charm goes out the window. 2. Every site should be considered on it's own merits. Codes should be written in such a way that this can be achieved. A cube should be envisaged, in which one can place a residence taking into account the following. (a) Ground floor to plot ratio. (b) Massing of house along set backs. for example: a small section of the house could be closer to boundary when adjacent property is taken into account, and when neighborhood charm is essential. (c) To much massing along boundary and complete house mass is what causes problems. 3. Present height limit in the town is quite acceptable. 4. Control massive houses by ground floor to site area ratio. However, smaller lots would have to have greater ratio. This may appear at first contradictory, but when one has to look at the design and massing of houses, excellent architecture and neigh- borhood charm can be achieved. To be too restrictive on covered patios, by counting square feet into the ratio can, and will 171; I /177,iY1 , I /i('/N I' 1. - 2 - result in poor architecture. 5. Setbacks from AIA should be 78 ft from centre line of AIA only, with the 25% of site side boundary dimension from front site boundary omitted. It could be considered that the 25% reference point be also the centre line of AlA. However, I do feel that the 78 ft is sufficient and even excessive. Once again, I state that one should look at such properties as The Spear property with the building on the boundary and the charm, and interest that is created along AIA. There are other spots along AIA where this can be seen. I love Gulfstream and it's charm and I would not like to see it destroyed. One other point I would like to make. You should have a good Architect as a consultant, to help the charm of Gulfstream when these difficult projects are presented. Also, in the code it must be made abundantly clear that these are guidelines only, and that the Town has the right to adjust site plans and buildings as they see fit. The use of variances in my opinion is not the best route to take, and another method, tied together with a philosophy must be used. Kind regards, Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. Digby Bridges A.I.A., A.R.I.B.A. DB /jl Enclosures YOUNG Lot area to floor area 8 of coverage ratio Ground Floor A/C area 6,369 Covered Patio area 192 Garage area 899 Total 7,260 sq.ft. Area of Site 57,499 1008 of Covered Patio 12.68 508 of Covered Patio 12.48 508 of Covered Patio & Garage 12.18 258 of Covered Patio & 508 Garage 11.98 Kock III Lot area to floor area 8 of Coverage ratio Ground Floor A/C Area 2,796 Garage Area 625 Patio (Covered) Area 833 Total 4,254 Area of Site 15,424 sq.ft. 1008 of Covered Patio & Entrance 27.68 508 of Covered Patio & Entrance 24.98 508 of Covered Patio, Entrance & Garage 22.8$ 258 of Covered Patio, Engrance & Garage 21.58 MCGRAW Lot area to floor area % coverage ratio Ground Floor A/C area Garage area Patio area Gate House area Pool House area Total Area of site 2.28 Acres 5,442 847 1,194 432 380 8,295 99,317 sq.ft. 100% of Covered Patio 8.30% 50% of Covered Patio 7':75% 50% of Covered Patio & Garage 7.38 25% of Covered Patio & 50% Garage 7.0% NATAPOW Lot area to floor area 8 of Coverage ratio Ground floor A/C area 6,850 Garage area 1,042 Cabana area 608 Covered patio 2,700 Covered entrance 616 Total 11,816 sq.ft. Area of Site 47,045 sq.ft. 100% of Covered Patio & Covered Entrance 25.0% 50% of Covered Patio & Covered Entrance 21.6% 50% of Patio & Covered Entrance & Garage 20.4% 25% of Patio & Covered Entrance & 50% Garage 19.0% If water area is removed from site % coverage 29.1% Note: there is + 6,500 sq.ft. of the site under water. Orthwein Lot area to floor are 8 coverate ratio Ground Floor A/C Area 3,570 Garage Area 600 Patio & Entrance Porch Area 480 Total 4,650 Area of Site 16,500 1008 of Covered Patio & Entrance 28.28 508 of Covered Patio 26.68 50% of Covered Patio & Garage 24.88 25% of Patio 508 of Garage 24.2% INFORMATION ONLY In response to an inquiry regarding the condition of Australian Pine trees along AIA...Charles Whetsell Landscaper, determined that there are twenty —six (26) dead trees between Banyan Road and the south end of the Golf course. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor DEPARTMENT OF PUBLIC WORKS JAMES E. CROSS KATHLEEN S. WALLACE LAWRENCE E. STAHL MONTHLY REPORT October 1989 MAIL ADDRESS 100 SEA ROAD GULF STREAM. FLORIDA 33483 TEL.. GULF STREAM (407) 2765116 Town Manager FRANKLIN E. FLANNERY TRASH HAULED Total Yards 638 Total Tons 49 SIGNS REPLACED (4) Old School Road /Gulfstream, Banyan /Gulfstream. Replaced reflectors across from Villa d'Este ROAD REPAIR Golfview - trim & filled TREE TRIMMING Town Hall, along AIA, Hidden Harbor, Police Department PREVENTIVE MAINTENANCE Cars, Truck, Tractor Weekly MISCELLANEOUS " Mop & wax Town Hall, Rest Rooms, Kitchen & Foyer. Fertilieze lawn - areas requiring extra attention & care, cleaned backyard, repaired garage door, picked up & delivered Police cars, answered telephone in Town Hall, watered plants, put (3) new tires on Public Works truck, changed light bulbs in Police Dept., Town Hall and garage. Brought tractor to dealer -for yearly maintenance. Did trim along Pelican Lane & around STOP signs on Pelican Lane. Vacuumed Police Dept., cleaned rest rooms & shower, changed headlights in Police car & Assistnat Town Manager car. WEEKLY MAINTENANCE ON Maintenance Shop, Police Station and Town Hall BUILDINGS ANIMAL TRAP CALLS Twelve STICK GAS TANK Daily STORM SEWERS CLEANED (one) on Polo Drive and (one) Aue au Soleil VACANT LOTS MOWED Four rence J. Sova by Sohn Archambo TOWN OF GULF STREAM /- PALM BEACH COUNTY, FLORIDA l COMMISSIONERS MAIL ADDRESS 100 SEA ROAD WILLIAM F. KOCH, JR., Mayor November 17, 1989 GULF STREAM. 33483 FLORIDA ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS TEL.: GULF STREAM KATHLEEN S. WALLACE (407) 276 5116 LAWRENCE E. STAHL Town Manager FRANKLIN E. FLANNERY CONSTRUCTION IN PROGRESS NOVEMBER 1989 Total of Permitted Work in Progress $1,882,040.00 William Stiritz (started 4/14/89) 1421 N. Ocean Blvd. Mitchell Denberg (started 5/3/89) 1221 N. Ocean Blvd. REMODELING AND ADDITIONS William Bradbury (started 8/21/89) 1357 N. Ocean Blvd. Leigh Gove (started 9/11/89) 3054 Gulfstream Road Ken Bacheller (started 7/22/89) 1275 N. Ocean Blvd. Gulf Stream School (started 10/10/89) 3600 Gulf Stream Road George Mueller (started 10/2/89) 3180 Polo Drive MISCELLANEOUS Two Pool and Deck Two Re- Roofing Two Fence Florida East Coast Chapter The Associated General Contractors of America, Inc 2617 Australian Avenue West Palm Beach, Florida 33407 Telephone: (407) 6333609 Fax. (407) 833 -6024 Please reply to: West Palm Beach October 16, 1989 Mr. Franklin E. Flannery, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 2770 North Indian Fiver Boulevard Suite 304 Vero Beach, Florida 32960 Telephone: (407) 7781325 Fax: (407) 5699303 Dear Mr. Flannery: As you requested during our telephone conversation on Friday, October 6, 1989, I have enclosed for your information and use a copy of Chapter 70 -857 Laws of Florida. This Chapter es- tablishes the countywide municipal occupational licenses for construction in Palm Beach County, Florida. Please note Page 1052, Section 4: "Before doing business in any municipality, the purchaser of a countywide municipal license shall register with the city clerk or occupational license tax office of that municipality and Poo to that munieipa itu a two dottaA (S9_00) Aeai.5tAation bee. Reg istra an payment o-f-IT77-Fee is required only once during the license year." Your continued cooperation in these matters is greatly appre- ciated. "NAN with 61 met" r R E S O L U T I O N NO. 89 -8 A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BBAOH COUNTY, FLORIDA, URGING FLORIDA CITIZENS TO SUPPORT THE CONSTITUTIONAL AMENDMENT #3 ON THE NOVEMBER, 1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES. WHEREAS, since 1981 the Florida Legislature has placed 288 unfunded mandates upon cities and counties in Florida with over 86 per cent having an undetermined fiscal impact on cities and counties; and WHEREAS, "unfunded mandates" are governmental actions required of cities and counties by state law without adequate funding resources; and WHEREAS, cities and counties are continuously forced to adjust local service priorities and raise the local taxes and user fees to pay for such unfunded state mandated programs; and WHEREAS, cities and counties are forced to pass these increased costs for delivery of state - mandated programs to the citizens, and WHEREAS, the Florida Constitution preempts all taxing sources in the state (except ad- valorem property taxes) it becomes irresponsible for state government to require and mandate programs to other governments without sharing the fiscal responsibility and political consequences of their actions; and WHEREAS, there can be no certainty and predictability in the growth planning process if the state can continue to mandate new and expensive programs without regard to adequate funding; and WHEREAS, the priorities and programs of local citizens of cities and counties have often been curtailed when limited local funds have to be diverted to pay for a state mandated program; and WHEREAS, the state constitution "preempts" all taxing powers to the state (other than local property taxes) and the state has been unwilling to allow sufficient local discretionary taxing powers directly to municipalities and has refused to adjust unfair and antiquated formula allocations of revenue - sharing programs, and WHEREAS, unfunded.mandates are not fair to the local property owner or the locally elected official who is trying to address local priorities and problems with a limited amount of financial resources, and WHEREAS, during the 1988 Legislative Session nearly 100 members of the Legislature co- signed or supported a proposed Constitutional Amendment to limit the Legislature's ability to mandate programs and costs to city and county governments; and WHEREAS, during the 1989 Legislative Session a proposed Amendment to the Constitution was passed to give Florida citizens an opportunity to vote in 1990 on a proposal that would limit unfunded State legislative mandates on cities and counties. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF GULF STREAM: SECTION 1. That the Town of Gulf Stream calls upon all citizens of the state to become aware of the seriousness of unfunded mandates and to be prepared to support the amendment to the Florida State Consitution on a matter that will appear on the ballot in the November 1990 election. 1 SECTION 2. That the Clerk is hereby directed to provide copies of this Resolution to the Legislative Delegation of Palm Beach County, Florida; the Board of County Commissioners of Palm Beach County; the municipalities located within Palm 'Beach Coienty;! the Gbvernor, and Cabinet of the State of Florida; the President of the Senate; and the Speaker of the House of.Representatives of the State of Florida. PASSED AND ADOPTED unanimously by the Town Commission of the Town of Gulf Stream, Florida this 19th day of December, 1989. (SEAL) _ l9 c,vL��y ranklin E. Flannery, Town Manage�fJ James E. Cross, Commissioner c--' Lawrence E. Stahl, Commissioner KathIV,en S. Wallace, Commissioner r I11-DI �OoUTC(q Hazardous Materials Management 3 Environmental Engineering Planning December 11, 1989 Mayor Koch and Commissioners Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Dear Mayor Koch and Commissioners: In an effort to assist the Town in complying with the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163.3202, Florida Statutes) , Resource Engineering and Planning, Inc. (REP /Inc.) is pleased to provide an explanation of Gulf Stream's needs as mandated by this act and the Town's Comprehensive Plan. C Chapter 163.3202, F.S., mandates that each local government combine and compile all of its land development regulations (LDR's) into a single unified land development code. The unified land development code is to be comprised of all of the Town's regulations, ordinances and codes (with the exception of the building code) that in any way relate to the development of a piece of property. The State requires that this unified development code be submitted to the Department of Community Affairs (DCA) within one year of the Town's initial transmittal of its Comprehensive Plan to DCA. This deadline is February 1, 1990, for the Town of Gulf Stream. Land development regulation requirements are specified not only in Chapter 163.3202, F.S., as noted above, but are furthered in DCA's Rule 9J -24, F.A.C., and in the Town's own Comprehensive Plan. The enclosed attachment specifies which LDR's the Town is required to comply with and in which source the regulation is specified. The first section on the attachment specifies three areas required by Chapter 163.3202, F.S., which were included in the application for the Local Government Regulation Assistance Grant. These tasks include adding two new zoning districts ( "Public Facilities" and "Conservation ") in order for the zoning �\ ordinance to be consistent with the land use districts .in the e REP /Inc. 3920 RCA Boulevard • Suite 2001 • Palm Beach Gardens, Florida 33410 • %r 407.622.9030 Mayor Koch and Commissioners December 11, 1989 Page 2 Comprehensive Plan. Further, a Concurrency Management System must be created to insure that all new development and redevelopment is approved only if public facilities are available at the level of service adopted in the Comprehensive Plan concurrent with the impacts of such development. This system, while very comprehensive, must be developed so that it may be used by the Town on a daily basis. Finally, ordinances and regulations relating to groundwater and surface water quality enhancement and protection must be adopted. While the first two tasks in this section are strictly unique.to Gulf Stream (as they will be to each municipality) , portions of the third task may be extrapolated from ordinances and regulations being developed by Palm Beach County who also must complete a unified development code by February 1. The Town has a well defined character that will necessitate the creation of unique zoning districts rather than adopting districts from other codes. Likewise, the public facilities offered within the Town and the Town's development potential will require the creation of a specific Concurrency Management System. However, the required water. quality protection ordinances need not be so unique. In fact, the county's ordinances can be adopted simply by reference if desired. The second section on the attachment lists two additional regulations that are required to be addressed by Ch. 163.3202, F. S. Both requirements tend to be universal in nature and may also be adopted by reference from the county or borrowed from other sources. However, some tailoring to the Town's specific circumstances most likely will be necessary. The final section of the attachment lists LDR's that are identified in the Comprehensive Plan and required for the plan's implementation. Many of these regulations (Marina Development, Recreation, Shoreline Stabilization, Protected Species) also can be addressed by adopting county ordinances and fitting them to meet the Town's specific needs. All ordinances adopted by reference would still be administered and enforced by the Town unless the county or another agency has specific jurisdiction. Also included in the.final section of the attachment are issues for which further direction from the Commission is needed. The Comprehensive Plan includes policies which require the adoption of several ordinances relating to impact fees, land dedications Mayor Koch and Commissioners December 11, 1989 Page 3 and Planned Unit Development and Mixed -use Districts. Again, the county has ordinances and programs which could apply to Gulf Stream. However, particularly where the new districts are concerned, some of these ordinances will have to be very specific to the Town. Should some of the LDR's identified on the attachment be adopted by reference, we estimate that the entire unified land development code could be assembled for approximately $25,000 to $30,000, including those items to be completed with the Local Government Regulation Assistance Grant. Again, this estimate is dependent upon the number of regulations adopted by reference. we will be present at the meeting on December 15 to further discuss these regulations with you and to answer any questions you may have. The regulations shown on the attachment include only those which are required for minimum consistency with state laws and rules. However, if the Town wishes to include other regulations as well or to revise existing regulations not included on this list, these too should be identified. If you have any questions prior to Friday, please feel free to call us at any time. Sincerely, RESOURCE ENGINEEEERIG AND PLANNING, INC. E. Scott Harrington Acting Planning Director cc: Carol Hynes Assmann Terry Clark amums Cng'Uns go G°�ng and phninoung hico Hazardous Materials Management Environmental Engineering Planning December 11, 1989 Mayor Koch and Town Commissioners Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mayor Koch and Commissioners: Resource Engineering and Planning, Inc. (REP /Inc.) is pleased to provide this.report to you as requested at your November meeting. Since we have been involved with the Comprehensive Plan for over two years, we are very interested in assisting the Town with settling the few outstanding issues identified by the Florida Department of Community Affairs (DCA). As you are aware, DCA found the Town's Comprehensive Plan "Not In Compliance" with state statutes and rules. This determination centered around the Town's high usage of potable water and failure to adopt adequate water conservation strategies within the Comprehensive Plan. This report will focus on both the process and policy alternatives involved in bringing the plan into compliance. Compliance Process By law, DCA is required to file for an administrative hearing when they have a finding of Not In Compliance. This action involves the appointment of an administrative hearings officer who hears arguments from both DCA and the Town as'to the plan's consistency with state laws and rules. The hearings officer then renders an opinion which is forwarded to the Governor and Cabinet for final action. In accordance with the procedures involved in the hearings process, the Town's attorney has filed the necessary documents for the establishment of a hearings date(s). The attorneys for DCA have a tremendous number of these cases; therefore, the earliest available hearings date appears to be sometime in the Spring. However, instead of using the hearings process, DCA is recommending the Town enter into a "Compliance Agreement". REP /Inc. 3920 RCA Boulevard • Suite 2001 • Palm Beach Gardens, Florida 33410 • 2s 407.622.9030 Mayor Koch and Commissioners December 11, 1989 Page 2 A Compliance Agreement is a contract between the Town and DCA in which corrective actions to the plan are specifically identified and agreed upon. If the Town completes the tasks within an agreed upon time period, DCA will find the plan In Compliance and the administrative hearing is dropped. The Town is not required to sign such an agreement and may proceed to the administrative hearing you wish. However, in cases where there are relatively few problems with the plan as identified by DCA, the Compliance Agreement can be a much better tool for bringing the plan into compliance. We believe it is to the Town's advantage to enter into a Compliance Agreement. The issues involved in the finding of Not In Compliance are relatively straight - forward and lend themselves to a mutually acceptable agreement between DCA and the Town. In fact, much of what is likely to be agreed upon has already been completed by the Town or is under investigation. . Once the Compliance Agreement is signed, the Town must complete the agreed upon-tasks (i.e. revisions to the Comprehensive Plan) and transmit the revised plan to DCA. The revisions.will then be reviewed, by DCA who will return any remaining, objections, recommendations and comments. The Town will then formally adopt the amendments and return the plan to DCA for final review. Assuming a Compliance Agreement is signed sometime within the next two months, the actual amendments to the plan could be completed relatively quickly thereafter. Thus, amendments to the plan could be completed sometime in February and submitted to DCA for review. Formal adoption would then take place approximately 3 -4 months latter, after DCA has completed their review. compliance Policy Alternatives As recommended by REP /Inc. in September of this year, the Town has already •undertaken a number of steps to bring about compliance. Water use data for the last five years has been verified and quantified both in aggregate and by individual. As expected, the 1988 -1989 use period (the period used in the plan) was higher than in the past. While some of this additional usage can be attributed to drought -like conditions and the addition of new homes, the trend for water usage has increased. i Mayor Koch and Commissioners December 11, 1989 Page 3 Further, the per capita consumption of water has remained very high, with several individual users having extremely high rates of consumption. The results of this research are important as they have a direct effect on the policies that can be implemented to curtail future usage. Basically, while some key consumers can be singled -out for corrective action, significant reductions in water usage will occur only from conservation policies which apply to. all users. Toward this end, the Town has already taken the first step in requesting voluntary reductions from all residents and putting high users on notice of impending corrective action. While the immediate response appears to be very favorable, it will take some time to determine if these requests will have a lasting impact. Further, it appears that voluntary reductions alone may not be enough to satisfy DCA. Discussions between REP /Inc. and DCA on the issue of compliance Ohave been ongoing. While we expect to have more in -depth conversations with key DCA personnel this week, it appears that some mandatory actions will be required. However, specific actions have yet to be identified. Therefore, a wide range of alternatives is still possible. Although the Town is nearly builtout, several lots remain available for future development. Thus, the Town has opportunities to require new technologies and techniques that may be too costly for existing development to implement. However, a number of alternatives 'are also available to reduce the water consumption by existing development as well. Below is a list of alternatives for reducing water usage by both new and existing development. The list was compiled after reviewing the available water use data and methods used throughout the state by other communities. As discussed previously, DCA has been unavailable for comment on all of these alternatives; however, it is our strong believe that some combination of these actions will be sufficient. Again, we hope to have in -depth conversations with key DCA personnel this week and will report the results of those conversations to you on Friday. Cj Mayor Koch and Commissioners December 11, 19£39 Page 4 New Development 1. Adopt a level of service standard in the range of 100 -200 gallons per capita per day. 2. Adopt a Xeriscape ordinance which would have strict limits on the size of areas requiring irrigation. 3. Adopt an irrigation control ordinance which would limit the operation of sprinklers, require soil water tensiometers,(% Mayor Koch and Commissioners December 11, 1989 Page 5 8. Adopt an inverted rate structure. 9. Require redevelopment to comply withr &egulations adopted for new development. To offset some of the costs involved both in developing the Compliance Agreement and preparing the Comprehensive Plan amendment, the legislature has budgeted a large pool of funds to DCA. The specific amount to be received by each community is dependent on the issues involved and the estimated costs of compliance. While the amount of assistance can be substantial, it rarely covers all of the costs. As of yet, DCA has not determined how much the Town is likely to receive. In general, this is one of the last items of the agreement to be decided upon. However, we will again attempt to ascertain from them a general range of 'funds that may be available. Although the process outlined above appears to be somewhat C complex, we believe that an agreement in principal can be reached with DCA within the next few weeks and. finalized shortly thereafter. Depending on the amount of documentation required by DCA, we estimate approximately $1,500 - $2,500 in fees will be necessary to finalize the agreement. The estimated fee for the plan amendment itself will depend on what the agreement requires. However, we estimate the work could be completed for approximately $1,000- $2,000, resulting in a potential total fee of $2,500 - $4,500. We have enjoyed working with the Town on this important project and are looking forward to completing these tasks in the very near future. We will be present at the meeting on December 14 to review these issues with you and answer any questions you may have. If you have any questions in the meantime, please feel free to call.me at -any time. Sincerely, RESOURCE ENf.INEERING AND PLANNING, INC. E. Scott Arrington Acting Planning Director cc: Terry Clark rr-� d,M,� 5 �cw•. oti.n. � a ATTACHMENT De- TOWN OF GULF STREAM LAND DEVELOPMENT REGULATION NEEDS LDR's Required by Ch. 163.3202, F.S. BEING COMPLETED WITH THE LOCAL GOVERNMENT REGULATION ASSISTANCE GRANT 1. Zoning districts corresponding to the Future Land Use Categories (public facilities, conservation). A } i+-o ��cl.� t.+u�..Ld .tb.iC --✓ �ii.0 76 G.�w. .�i-. tJw.< �%'IA� -I• 2. Concurrency management system. 6=11 <iML1c��a G 3. Wellfield protection ordinance; regulation of flood prone areas; drainage /stormwater management requirements; need to be expanded /strengthened. Additional LDR's Required by Ch. 163.3202, F.S. WG/tcn. oKidnch jf fJF 1. Protection of environmentally sensitive lands. � '• 2. Traffic flow /parking requirements. LDRIs Required by the Comprehensive Plan 1. Impact Fees /dedications. 2. Landscape Ordinance. 3. Beach Protection Ordinance 4. PUD Ordinance MxD Ordinance C Planned Community Ordinance 5. Revisions to Site Plan /Subdivision Requirements 6. Potable Water Use Reduction Ordinance 7. Recreation Ordinance S. Shoreline Stabilization Requirements 9. Marina Development Regulations 10. Protected Species /Special Status Species Ordinance 11. ICWW Dumping Ordinance Y-z IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutE. of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure its as follows: r. Signature M , by whom I am retained. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 813 - 10.86