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HomeMy Public PortalAbout05/09/1990 * Town Commission & Planning Board MeetingMay 4, 1990 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace PLANNING BOARD: William Mayer, Chairman Charles Eaton, Vice Chairman William Lynch Joan Orthwein Sherwood Sheehan JOINT WORKSHOP MEETING OF THE TOWN COMMISSION AND THE PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA TO BE HELD AT 9:00 A.M. ON WEDNESDAY, MAY 9, 1990 IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. /Tel�f7.1 I. Call to Order II. Roll Call III. Reports A. Historic Preservation -John Johnson B. Architectural Review -John Breazeale III. Public IV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION OR THE PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT A WORKSHOP 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. 286.0105, F.S.S. JOINT WORKSHOP MEETING OF THE TOWN COMMISSION AND THE PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON WEDNESDAY, MAY 9, 1990 at 9:00 A.M. I. The meeting was called to order at 9:00 A.M. by Mayor Koch. II. Roll Call Present: William F. Koch, Jr. Mayor Alan I. Armour Vice Mayor James E. Cross Commissioner Lawrence E. Stahl Commissioner GKathleen S. Wallace Commissioner William Lynch Board Member, Planning Board Joan Orthwein Board Member, Planning Board Sherwood Sheehan Board Member, Planning Board Also Present: III. Reports John Randolph Richard Brandt John Johnson John Breazeale Christine Krolik Phyllis Evans Barbara Stenson A. Historic Preservation - John Johnson Town Attorney Code Enforcement Officer Director of Palm Beach County Preservation Board Task Force Member Task Force Member Task Force Member Task Force Member Inasmuch as Mr. Johnson had not yet arrived, Mayor Koch advised that item B. would be heard. B. Architectural Review - John Breazeale Mr. Breazeale, representing the Task Force in the matter of a proposed Community Appearance Board, distributed an updated draft of Criteria and Procedures for a Community Appearance Board. He praised the Commissioners for past efforts that molded Gulf Stream in the fine community that now exis He stated that he and others felt that times are rapidly changing and it would be very difficult for the Commission to maintain the character of the town without additional "tools" to do so. The task force felt a Community Appearance Board would certainly aid in this endeavor, he said. He then read the preamble. Mr. Breazeale reviewed each section of the draft. Regarding the composition of the Community Appearance Board, he believed that either the Planning Board members or the Town Commissioners could act as the Community Appearance Board provided that an architect was added as a regular member and two alternate members were appointed. Mayor Koch believed that Community Appearance Boards were for larger cities, however, added that there is always room for improvement and it is important that any changes result in what is best for everyone, and that everyones rights are protected. Commissioner Wallace viewed the proposed Board to be a negotiating tool. Mr. Breazeale basically agreed. Joint Workshop of the Town Commission and Page -2- the Planning Board of May 9, 1990 Commissioner Cross questioned how the Architectural Review Board has worked out in Manalapan to which Attorney Randolph replied that it is a very strict body, even requiring a scale model. Mr. Lynch questioned what the cost would be to have an architect and attorney on the board and was advised that architects do not charge for these meetings and it might not be necessary to have an attorney at every meeting although larger cities do have one at all times. OCommissioner Stahl questioned if the Task Force had considered upgrading the Zoning Code rather than creating a new document. Mr. Breazeale and Attorney Randolph agreed that this was subjective for the most part but some of it could be inserted. Commissioner Stahl suggested that the Task Force include this review as duties of the Planning Board and provide for an Architect as an additional member. Mr. Bridges from the audience suggested that perhaps consideration should be given to changing the name of the Planning Board to Architectural Review and Site Plan Review Board. The Commission asked if the Task Force would review the existing Zoning Code and make an effort to work their proposals into it as much as possible, including the review as duties of the Planning Board. Mayor Koch called a brief recess. On reconvening the meeting at 10 A.M., Mayor Koch announced that item A., Historic Preservation, would now be addressed. Christine Krolik was recognized and advised that Phyllis Evans would be reporting on the activities of the Task Force and that Barbara Stenson would then introduce Mr. Johnson who would review the proposed Landmark Preservation Ordinance. Mrs. Krolik then displayed a large picture of Hillsboro Mile and expressed the hope that something similar did not happen to Gulf Stream. Phyllis Evans, in making her report on the activities of the Task Force, advised they had all learned a lot and much interest in Landmark Protection had been generated in the Town. She stated that the Task Force began by studying the Town's Comprehensive Plan. They next obtained existing Land- mark Protection Ordinances and spoke with numerous individuals in other cities and towns who have experience with Landmark Preservation. She went on to advise that the Task Force has prepared a proposed ordinance to fit Gulf Stream and be specific. Mrs. Evans reported that the Task Force was recommending that a Landmark Council be created to inform those property owners of Landmark Property of the designation and to assist them in planning renovations. Barbara Stenson introduced John Johnson, Director of the Palm Beach County Preservation Board, enumerating his qualifications and achievements, who would be reviewing the proposed ordinance. Mr. Johnson began by stating that between 30 and 50 buildings /sites would be 50 years old and might be eligible to be declared historic. He further stated that, if there were several of such together, a historical district could be declared and once declared, any construction must be reviewed and a Certificate of Appropriateness obtained. The hearing process helps determine if a Landmark Designation should be given, he said. Joint Workshop of the Town Commission and Page - 3 - the Planning Board of May 9, 1990 Attorney Randolph reminded that anything worthy can be Landmarked even if it is not 50 years old and that the pine trees can be designated. Mr. Sheehan asked where the conflict between the owner and the board would surface and Mr. Johnson stated that it is basically at the request for demolition. Several members of the Commission and Planning Board spoke in favor of a voluntary designation provision but Mrs. Krolik advised that the Task Force does not recommend voluntary participation. l Commissioner Armour was concerned that a higher entity might supercede the Town designating Landmarks but Mr. Johnson did not feel this would happen. Commissioner Stahl questioned what the role of the Commission would be and was advised by Attorney Randolph that they would ratify or not the recom- mendations of the Landmark Commission and hear appeals of denials of Certificates of Appropriates. Commissioner Wallace observed that the Task Force has reached to experts for information and have done a great deal toward becoming educated in Landmark Preservation. Mr. Sherwood Sheehan asked what the advantages and disadvantages of Land - marking were to the owner to which Mr. Johnson replied that the advantages were pride and having a pool of experts to help with architectural planning and the disadvantage was being restricted on what would be permitted in the area of improvements or demolition. Attorney Randolph, when asked for his remarks, felt the proposed ordinance was good with only a couple of things to be cleared up. He said the Commission needed to decide if Landmark Preservation is a good thing, and if so, then get the owners of the property in to educate them on it. He said this should be done through a noticed public hearing. Several types of communications to residents were discussed and it was determined that the decision would be made at a later time. The Task Force indicated they would prepare some material for Commission review. Commissioner Armour suggested setting a target date for adoption, however, it was determined that the process must be moved forward with all due dispa to which he was agreeable. Attorney Randolph was directed to move ahead with the document and that if, at the public hearings, changes were thought to be necessary, they could be done at that time. Staff was instructed to advise Resource Engineering and Planning that they did not need to prepare a Land Development Regulation for the Historical Preservation item. IV. Adjournment Mayor Koch adjourned the workshop at 11:30 A.M. Joint Workshop of the Town Commission and Page - 4 - the Planning Board of May 9, 1990 ATTEST: i �J Mayor Koch Commissioner Commissioner Commissioner Commissioner Planning Board Member Planning Board Member Planning Board Member PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, May 2, 1990 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, May 11, 1990 at 9:00 A.M., both in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida at which the following will be considered. An application submitted by Linda and Sidney Tal- Mason, 4217 County Road, Gulf Stream, Florida 33483 requesting a variance from the provisions of: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section X; GENERAL PROVIDIONS, Sub Section I; Residential Outdoor Recreation Facility Regulations, Paragraph 1.; Swimming Pools, Sub Paragraph e. to permit the installation of an open swimming pool which will encroach ten (10) feet into the required fifteen (15) foot side yard setback on the north side, five (5) feet into the required fifteen (15) foot side yard setback on the south side, and from eight (8) feet to a maximum of ten (10) feet into the required fifteen (15) foot rear yard setback at the address aforementioned, the legal description of which is "A parcel of land in Government Lot 2, Section 34, Township 45 South, Range 43 East, Palm Beach County, Gulf Stream, Florida." ALL PERSONS INTERESTED in these matters may appear before the Planning Board and the Town Commission of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE PLANNING BOARD OR THE TOWN COMMISSION,SITTING AS THE BOARD OF ADJUSTMENT, 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: April 7, 1990 TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post -Times r 1st Publication: April 17, 1990 Rita L. Taylor, T n Clerk 2nd Publication: April 27, 1990 THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR. G cnt N � F m 7 a c n — a c m 0 m N J h N• r e � - C •, m m ' c L F m m y m, c '� •a n O w G `G r 0. y � � C L p 7. 7 7 0. C M �• C ew* 7 � R � .. a• o n e o n7 m m n O � w n Y •' E C m' R ^ m r m m C p m N R ac C A r S c m m 'l. r =n � O. 1 c ri i C N• r N W n J r. N v w y rG l0 C c y. O C a c E. "3 O f L I w L h !D v n W 7 O 0 7 C n Y Z ro � w_ "O C^A c m'rr c � a c C Ww `J w w F+Ti O n dma ivia z 'o.nno mm m sam nw�m m wD T O u S 7 w m r n• C m r � m c k] "si c s m D � n N• S W L rt N• T m m N y' � O 7 • 5 cy* � 'mG b N w W a n � G n � s o n 'b m H m � G aGJ o a' c 'C � M O 0 7 C n Y Z ro � w_ "O C^A c m'rr c � a c C Ww `J w w F+Ti O n dma ivia z 'o.nno mm m sam nw�m m wD T O u YZ 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 minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I William Koch, Jr. hereby disclose that on April 24, 1990 19 (a) A measure came or will come before my agency which (check one) x— 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 is as follows: i6T whom I am retained. 1. Consideration of a variance request from James Orthwein who is a client of my real estate firm. The variance is connected to property, the sale of which is being handled by my firm. 2. A special exception request for placement of construction trailer on property, the sale of which was handled by my firm. -�' Date Filed S u NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED 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 RB - M86 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I ASI- NAML -19RS1 NAME - MIDDLE NAML NAME OF BOARD, COUNCIL. COMMISSION, ALI "rHOR IT Y, OR COMMITTEE Koch, William Jr. rrmgn HOARD, COUNCIL, COM 1 AUTHORITY, OR COMMITTEE ON MAILING ADDRESS WHICH I SERVE IS A UNIT OF: WHICH 545 Golfview Dr. X CITY C'OON'rY I' OTHER LOCAL AGENCY t 111' COUNTY' NAME OI' I10I.11 1('A1. S1111U1VISION: Gulf Sf-rg-arri, Fl 31483 Town of Gulf Stream, V1 U: \1 F. ON WHICIl V'ol'C OCCURRED Ml POSI ZION IS: LLLC "I'IVF. APPOIN "I'IVE X WHO MUST FILE FORM 8B 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 oil 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 772.3143, FLORIDA STATUTES ELECTED OFFICERS: A 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 officeralso is prohibited from knowingly voting on a measure which inures to the special _Min 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 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording 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 from knowingly voting on a measure which inures to the °-'-cial gain of a principal (other than a government agency) by whom he is retained. J rY 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 •ind file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the ..c °'ing, who will incorporate the form in the minutes. • A copy of the form should be provided `.imediately to the ether 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 YACiL I I nH \I XI1 IILNG