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HomeMy Public PortalAbout01/07/1991 * Public HearingNOTICE OF ZONING CHANGE THE TOWN OF GULF STREAM, FLORIDA, proposes to modify zoning 1 regulations within the areas shown on the map and to rezone certain properties noted on the map to Conservation District and certain other properties noted thereon to Public Facilities District, by adoption of zoning ordinances amending the regulations contained within all the zoning districts of the Town as set forth in the Town Zoning Ordinance No. 83 -1, as amended through and including Ordinance No. 91/13. The proposed changes in the zoning regulations consist of the amendments contained within the proposed ordinances numbered 90/1, 91/1, 91/2, 91/3, 91/12 and 91/13 designated as follows: ORDINANCE NO. 90/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 83 -1 OF THE TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE TOWN; PROVIDING AMENDMENTS TO SECTION IV DEFINITIONS SO AS TO ADD A NEW DEFINITION, LANDSCAPED OPEN SPACE; AMENDING THE DEFINITION OF LOT; AMENDING THE DEFINITION OF LOT COVERAGE; AMENDING THE DEFINITION OF SETBACK; AMENDING THE DEFINITION OF DWELLING, SINGLE FAMILY; AMENDING SECTION VI TITLED APPLICABILITY TO PROVIDE A NEW SUBSECTION D RELATING TO NON - CONFORMING RESIDENTIAL LOTS; AMENDING SECTION VII SO AS TO RESCIND A PORTION OF ITEM H THEREOF RELATING TO "MINIMUM SIZE OF BUILDING "; AMENDING ITEM I THEREOF RELATING TO BUILDING SITE AREA SO AS TO PROVIDE THAT LOT, YARD AND BULK REQUIREMENTS FOR LOTS OF LESS THAN 20,000 SQUARE FEET SHALL BE APPLIED; AMENDING ITEM J THEREOF RELATING TO FRONT YARD SO AS TO PROVIDE THAT PROPERTIES FRONTING ON OCEAN BOULEVARD SHALL BE SET BACK A DISTANCE OF SEVENTY -EIGHT FEET OR TWENTY -FIVE PERCENT OF THE LOT DEPTH; PROVIDING A NEW ITEM M TITLED LOT COVERAGE TO PROVIDE FOR TWENTY -FIVE PERCENT LOT COVERAGE FOR ONE AND TWO STORY HOUSES; PROVIDING A NEW ITEM N TITLED LANDSCAPED OPEN SPACE SO AS TO PROVIDE FOR A MINIMUM LANDSCAPED OPEN SPACE ON EACH LOT OF NOT LESS THAN FORTY PERCENT OF THE LOT AREA; PROVIDING A NEW ITEM 0 TITLED ROOF LIMITATIONS PROVIDING FOR A MAXIMUM TEN PERCENT SURFACE AREA WITH NO SLOPE; PROVIDING A NEW ITEM P TITLED SEAWALL HEIGHT PROVIDING FOR A MAXIMUM HEIGHT OF NEWLY CONSTRUCTED OR REPLACEMENT SEAWALLS ABUTTING THE INTRACOASTAL WATERWAY OF FIVE FEET ABOVE 0..0 G.V.P.;. ROVIDING A NEW _ ITEM Q TITLED SPEC PROVIS NS RELATING TO LOTS OF LESS THAN 0,000 SQU FEET SO AS TO PROVIDE FOR A FRONT YARD OF LOTS OF LESS THAN 20,000 SQUARE FEET OF THIRTY FEET FOR A TWO STORY HOUSE AND TWENTY -FIVE FEET FOR A ONE STORY HOUSE, SIDE1YARD SETBACKS OF FIFTEEN FEET, REAR YARD SETBACKS OF FIFTEEN FEET, LOT COVERAGE OF TWENTY -FIVE PERCENT, AND PROVIDING FOR THE METHOD OF CALCULATION OF LOOT COVERAGE, PROVIDING FOR A MINIMUM LANDSCAPED AREA OF 1 f FORTY PERCENT AND PROVIDING FOR BUILDING HEIGHT OF TWENTY -FIVE FEET FOR ONE STORY BUILDINGS AND THIRTY -FIVE FEET FOR TWO STORY BUILDINGS; PROVIDING A NEW ITEM S.4 REQUIRING COMPLIANCE WITH THE STATE OF FLORIDA CCCL AND PALM BEACH COUNTY COASTAL CONSTRUCTION ORDINANCE; AMENDING SECTION VIII RM MULTIPLE FAMILY RESIDENTIAL DISTRICT AT PARAGRAPH L SO l AS TO PROVIDE FOR A TOTAL LOT COVERAGE OF THIRTY PERCENT; AMENDING SECTION XIII, BOARD OF ADJUSTMENT, AT PARAGRAPH H SO AS TO PROVIDE THAT VARIANCES EXPIRE WITHIN TWELVE MONTHS FROM THE GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 91/1 AN ORDINANCE OF THE TOWN. COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING ORDINANCE NO. 83 -1 OF THE TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE TOWN, BY ADDING SECTION XXII ( "CONS" CONSERVATION DISTRICT ") , AND SECTION XXIII ( "P" PUBLIC FACILITIES DISTRICT) , PROVIDING FOR PERMITTED AND ACCESSORY USES; PROVIDING FOR SPECIAL EXCEPTIONS; PROVIDING FOR PARKING REGULATIONS; PROVIDING FOR BUILDING OR STRUCTURE HEIGHT LIMITS; PROVIDING FOR YARD REQUIREMENTS; PROVIDING REQUIREMENTS FOR WALLS, FENCES AND HEDGES; PROVIDING FOR ACCESSORY BUILDING REQUIREMENTS; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE TOWN BE AMENDED SO AS TO DELINEATE THE ZONING DISTRICTS REFERENCED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 91/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE \ ' TOWN OF GULF STREAM, FLORIDA, AMENDING ORDINANCE NUMBER 83 -1 OF THE TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE TOWN, AT SECTION X (GENERAL PROVISIONS) SO AS TO AMEND THE APPLICATION CONTENT REQUIREMENTS IN THE SITE PLAN REVIEW PROCESS AND TO AMEND THE STANDARDS OF REVIEW BY THE TOWN COMMISSION IN THE SITE PLAN APPLICATION PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 91/3 AN ORDINANCE OF` THE TOWN I C� ISSiON OF THE TOWN OF GULF STREAM, FLORID , AMENDING THE ZONING ORDINANCE BY ADDING SECTION XXIV ( CONCURRENCY MANAGEMENT SYSTEM) ADOPTING A CONCURRENCY MANAGEMENT SYSTEM; PROVIDING APPLICABILITY ANDI APPLICATION REQUIREMENTS; PROVIDING GENERAL ' RULES FOR CONCURRENCY ASSESSMENTS; PROVIDING FACILITY SPECIFIC RULES FOR CONCURRENCY ASSESSMENT; PROVIDING CONCURRENCY DETERMINATION; PROVIDING FOR K APPEAL; PROVIDING INVENTORY OF PUBLIC FACILITY CAPACITIES AND LEVELS OF SERVICE; PROVIDING FOR THE REQUIREMENTS OF AN ANNUAL CONCURRENCY REPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 91/12 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN, ORDINANCE NO. 83 -1, AS AMENDED, BY AMENDING SECTION XIV OF THE ZONING CODE RELATING TO TOWN PLANNING BOARD; CHANGING THE NAME OF SAID BOARD TO ARCHITECTURAL REVIEW AND PLANNING COMMISSION; PROVIDING FOR COMPOSITION OF THE COMMISSION, COMPENSATION, QUALIFICATIONS, TERM, REMOVAL AND RULES; PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 91/13 AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A LANDMARKS PRESERVATION COUNCIL; DECLARING PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPOINTMENT, QUALIFICATION, TERM, AND COMPENSATION OF COUNCIL MEMBERS; SETTING FORTH RULES OF PROCEDURE; PROVIDING FOR DESIGNATION OF LANDMARKS AND LANDMARK SITES; PROVIDING FOR THE CREATION OF HISTORIC DISTRICTS; SETTING FORTH DESIGNATION AND UNDESIGNATION PROCEDURES; SETTING FORTH POWERS OF THE COUNCIL; SETTING FORTH CERTIFICATE OF APPROPRIATENESS PROCEDURES AND EFFECT; SETTING FORTH CRITERIA FOR THE ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; PROVIDING FOR DEMOLITION BY NEGLECT; SETTING FORTH COUNCIL POWERS; PROVIDING FOR APPEALS AND REVIEW; PROVIDING FOR COUNCIL ENFORCEMENT POWERS, FINES AND LIENS; PROVIDING FOR VOLUNTARY RESTRICTIVE COVENANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. A copy of the above referenced matters, proposed ordinances and related information are on file and are available for inspection in the office of the Town Clerk, Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida ;33483. NOTICE IS HEREBY GIVEN�THAT THE TO COMMISSION OF THE TOWN OF ,{H GULF STREAM, FLORIDA, WILL OLD PUBL4C HEARINGS ON THE ABOVE REFERENCED MATTERS AND SAID PROPOSED ORDINANCES ON THE 7TH DAY OF JANUARY, 1991, AND ON THE 21ST DAY OF JANUARY, 1991, AT THE HOUR OF 5:01 P.M., IN THE TOWN COMMISSION CHAMBERS IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33483. All persons interested in or affected.by said matters 1 or ordinances may appear before the Town Commission at the time and place aforesaid and be heard. If any person decides to appeal any decision made by the Commission with respect to any matter considered at; these meetings, that person will need a record of the proceedings, and for such purpose 3 he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony upon which the appeal is to be used. PLEASE GOVERN YOURSELVES ACCORDINGLY. TOWN OF GULF STREAM, FLORIDA Rita L. 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Complainant's Solicitor. PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, January 2, 1991 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, January 11, 1991 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 Mason & Candice Heydt, 2883 Banyan Blvd. Circle N. W., Boca Raton, Florida 33431 requesting a variance from the provisions of the following: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE- FAMILY DISTRICT, Sub Section K; Side Yard Required, Paragraph 1. Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section XI. NON - CONFORMING USES, Sub Section A., Paragraph 4.; Extensions. Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section XVI; FLOOD HAZARD AREAS, Sub Section N; Areas Where Base Flood Elevation Known, Paragraph l.a. to permit construction of a second story which would encroach five and one quarter (5.25) feet into the required twenty nine and one quarter (29.25) foot east side yard setback, and a one story addition to an existing non - conforming single family dwelling; to permit the addition of two (2) bay windows to the existing non - conforming structure, one of which will encroach fourteen and one quarter (14.25) feet into the required twenty nine and one quarter (29.25) foot east side yard setback; and to permit the floor elevation, that being six and four tenths (6.4) feet above zero sea level, of the existing non - conforming structure to remain at that elevation while adding the substantial improvements of a second story, two bay windows, and a single story addition that will have a conforming floor elevation of more than seven (7) feet above zero sea level at 541 Banyan Rd., legally described as Lots 2 & 3, Block 3, Plat #1, Polo Fields Subdivision. ALL PERSONS INTERESTED in these matters may appear before th Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. `J 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 TEST- IMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: December 14, 1990 TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post -Times Rto- ` r ZW lst Publication: December 19, 1990 Rita L. Taylor/, Town Clerk 2nd Publication: December 29, 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. THE APPLICATION AND RELATED MATERIAL ARE ON FILE IN THE OFFICE OF THE TOWN CLERK AND MAY BE REVIEWED ON REQUEST DURING BUSINESS HOURS. O > °33 °Ummi�m rvaT ° °�osEtr -e wm m°�c mf n ¢ Neei~• a< U W_YL T• U 2m Z��•c;wOp pvc_ n ='a tea-°• °sec °'_ acommz `a 2 °mo 2_F a¢i62�U m O G. a Y •b U Iti cd pq •ld Q � •D a W� aP P. W a x� � 3 Z O F U m_ Q m 0 o-. 0 0 c a Za ULL i m� aq °mo s . .. ....... 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IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Ordinances for Public Hearing and First Reading A. #90/1; An amendment to various sections of the Zoning Ordinance to establish regulations for lots of less than 20,000 sq. ft., maximum lot coverage, minimum landscape percentage, and to provide that variances expire within 12 months from the granting. B. #91/1; Amending the Zoning Ordinance by adding the designations of a "Conservation District" and of a "Public Facilities District C. #91/2; Amending the Zoning Ordinance so as to amend the applica- tion content requirements in the Site Plan Review Process and the Standards of Review to provide for "wetlands protection" D. #91/3; Amending the Zoning Ordinance to adopt a "Concurrency Management System ". E. #91/4; Amending Chapter 4 (Building Regulations) to insure that all impacted Public Drainage Facilities can operate at the required level of service standards. F. #91/5; To be known as the Recreation & Open Space Ordinance. G. #91/6; Amending Chapter 4 (Building Regulations) to provide "Shoreline Protection Requirements ". H. #91/7; Amending Chapter 8 (Offenses & Misc. Provisions) so as to provide requirements for development of marinas. I. #91/8; To be known as the "Native Species and Habitat Protection Ordinance ". J. #91/9; Adopting and incorporating by reference the Palm Beach County "Wetlands Protection Ordinance ". K. #91/10; Amending Chapter 8 (Offenses & Misc. Provisions) by adding a section to regulate waste disposal from boats in the Intracoastal Waterway. L. #91/11; Creating a new Article II of Chapter 10 (Water) to be entitled "Landscape Irrigation Regulations ". M. #91/12; Amending the Zoning Ordinance changing the name of the Planning Board, providing for composition of the Commission as well as establishing compensation, qualifications, term, removal and rules for the Commission. N. #91/13; Providing for establishment of a Landmarks Preservation Council, designation of Landmarks and Landmark Sites, creation of Historic Districts and all procedural requirements in relation thereto. PUBLIC HEARING OF TOWN COMMISSION January 7, 1991 AT 5:01 P.M. page 2 AGENDA CONTINUED IV. Public V. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT A PUBLIC HEARING OR REGULAR 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. PUBLIC HEARING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON MONDAY, JANUARY 7, 1991 AT 5:01 P.M. I. Call to Order The meeting was F. Koch, Jr. II. Roll Call Present: Absent: called to order at 5:01 P.M. by Mayor William William F. Koch, Jr. Mayor Alan I. Armour Vice Mayor Lawrence E. Stahl Commissioner Kathleen S. Wallace Commissioner James E. Cross (wnice) Also Present: Franklin E. Flannery John C. Randolph Richard Brandt William Mayer Mary Windle William Lynch Charles Winston Charles Velie John Breazeale Commissioner Town Manager Town Attorney Code Enforcement Officer Chairman, Planning Bd. Town Resident Town Resident Town Resident Town Resident Town Resident III. Ordinances for Public Hearing and First Reading Mayor Koch stated that he had been advised that the majority of those present were most concerned with Ordinances #90/1, #91/12, and #91/13. He then advised that those three would be considered first. A. #90/1; An amendment to various sections of the Zoning Ordinance to establish regulations for lots of less than 20,000 sq. ft., maximum lot coverage, minimum landscape percentage, and to provide that variances expire within 12 months from granting. Commissioner Stahl stated that he would like to have the two definitions for "Lot Coverage" to read the same, eliminating the reference to Air Conditioned Space with reference to lots of less than 20,000 sq. ft. Attny. Randolph advised that this would be possible but there would be some difference between the two definitions, that being that for lots of more than 20,000 sq. ft., the screened pools and patios would be counted toward lot coverage at 50% of their actual size. Comments from the public related to Ordinance #90/1 were as follows: Mary Windle asked the Commission to include covered patios, porchs, etc. in lot coverage calculations. William Lynch requested that side yard and rear yard setbacks for one story dwellings be set at 10' as opposed to the 15', with the setbacks for two story dwellings being left at 15'. He further requested that 30% lot coverage for one story dwellings be permitted rather than the 25 %. He felt that this would encourage more single story construction on lots of less than 20,000 square feet. Charles Velie stated he was pleased with the document being consider but requested that in the future attention be given to reducing the bulk of the second story on two story dwellings. He suggested that the second floor should only represent -A to 8% of the square footage of the parcel upon which the two story dwelling is constructed. Public Hearing -Town Commission Minutes of January 7, 1991 page 2 John Breazeale, Chairman of the Task Force Committee,advised that the Task Force was still addressing some of the points that had been mentioned but added that the Committee was pleased with the document under consideration and agreed that it should move on to adoption with the other points being addressed as possibly amendments at a later time. Commissioner Wallace moved that Ordinance #90/1 as amended at the definition of "Lot Coverage" to delete the reference to Air Conditioned Space be O passed on first reading. The motion was seconded by Comm. Stahl. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch; AYE. M. #91/12; Amending the Zoning Orinance changing the name of the Planning Board, providing for composition of the Commission as well as establishing compensation, qualifications, term, removal and rules for the Commission. Mayor Koch asked if the term "Commission" could be changed to "Board" due to the fact that the governing body is a Commission and confusion results as to which body reference is being made. Attorney Randolph stated that this could be easily done, stating the Planning Board would be renamed the "Architectural Review and Planning Board ". Commissioner Armour moved that Ordinance #91/12 as amended to be named the "Architectural Review and Planning Board" be passed on first reading. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch; AYE. N. #91/13; Providing for establishment of a Landmarks Preservation Council, designation of Landmarks and Landmark Sites, creation of Historic Districts and all procedural requirements in relation thereto. Mayor Koch advised that he understood that at a meeting held by the Civic Association earlier in the day, there had been considerable discussion regarding this proposed ordinance. He asked Mr. Charles Winston to give a report on behalf of the Civic Association. Mr. Winston stated that there was a considerable amount of concern regarding the proposed Landmark Ordinance in that there had not been ample time for the public to review the lengthy document. He reported that there had been requests made that the first reading be delayed for a 90 day period, noting that the Commissioners have made suggested changes that are yet to be reflected in the document. He stated that a show of hands was called for in support of a 90 day delay and that there was a 100% response. He requested that copies of an amended ordinance be provided for review when they are available and stated that the Civic Association would assist in Ocirculating them to the public. He also encouraged the Commission to move ahead with some type of protection for the Australian Pine Trees along AlA, citing the possibility of designating them as a Landmark Corridor. Commissioner Stahl advised that it is a matter of record that the document listed on the agenda had previously been declared unacceptable by the Commission and that a revised draft had been circulated but had not yet been considered as it was felt that comments from the Commission may lead to additional changes in the draft. Mayor Koch directed that work be continued on the revision of the draft for Ordinance #91/13 and stated that action would be taken after all had reviewed it and been given an opportunity to comment. Public Hearing -Town Commission Minutes of January 7, 1991 page 3 B. #91/1; Amending the Zoning Ordinance by adding the designations of a "Conservation District" and of a "Public Facilities District' Mr. William Mayer, Chairman of the Planning Board, reported that the Plan- ning Board, sitting as the Local Planning Agency, on January 2, 1991 had reviewed this oridnance as well as all of those numbered #91/1 thru #91/10 and recommends that they be adopted as presented. Commissioner Armour moved and Commissioner Stahl seconded that Ordinance # 91/1 be adopted on first reading. Roll Call: Comm. Stahl; AYE, Comm. C\ Armour; AYE, Comm. Wallace; AYE, Mayor Koch; AYE. C. #91/2; Amending the Zoning Ordinance so as to amend the applica- tion content requirements in the Site Plan Review Process and the Standards of Review to provide for "wetlands protection" Commissioner Armour moved and Commissioner Wallace seconded that Ordinance #91/2 be passed on first reading. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch; AYE. D. #91/3; Amending the Zoning Ordinance to adopt a "Concurrency Management System ". Commissioner Wallace moved that Ordinance #91/3 be adopted on first reading, seconded by Commissioner Armour. Roll Call: Comm. Stahl; AYE, Comm. Armour; AYE, Comm. Wallace; AYE, Mayor Koch, AYE. E. #91/4; Amending Chapter 4 (Building Regulations) to insure that all impacted Public Drainage Facilities can operate at the required level of service standards. Commissioner Armour moved and Commissioner Stahl seconded that Ordinance #91/4 be adopted on first reading. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch; AYE. F. #91/5; To be known as the Recreation & Open Space Ordinance. Commissioner Armour moved that Ordinance #91/5 be passed on first reading. The motion was seconded by Commission Wallace. Roll Call: Comm. Stahl; AYE, Comm. Armour; AYE, Comm. Wallace; AYE, Mayor Koch; AYE. G. #91/6; Amending Chapter 4 (Building Regulations) to provide "Shoreline Protection Requirements ". Commissioner Armour moved and Commissioner Wallace seconded that Ordinance #91/6 be passed as presented on first reading. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch, AYE. H. #91/7; Amending Chapter 8 (Offenses & Misc. Provisions) so as to provide requirements for development of marinas. Commissioner Stahl moved that Ordinance #91/7 be adopted on first reading, seconded by Commissioner Wallace. Roll Call: Comm. Stahl; AYE, Comm. Armour; AYE, Comm. Wallace; AYE, Mayor Koch; AYE. _. #91/8; To be known as the "Native Species and Habitat Protection Ordinance. Mayor Koch called attention to the fact that there are several parcels of land in the Town, a portion of which is submerged land. He felt that this should be addressed in Ordinance #91/8. All agreed. Attorney Randolph advised he could amend the document in this regard and it would not be a substantial amendment that would require an additional reading. Mayor Koch then further mentioned that there are also a number of private streets that would be included in the lot size that should not be considered in determining if a parcel would be exempted from the provisions of Ordinance #91/8. Attorney Randolph advised he would include the streets (private) along with the treatment of submerged land. Public Hearing -Town Commission Minutes of January 7, 1991 page 4 Commissioner Armour moved that Ordinance #91/8 as amended with regard to submerged lands and private roads /streets be passed on first reading. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch; AYE. J. #91/9; Adopting and incorporating by reference the Palm Beach County "Wetlands Protection Ordinance" Commissioner Armour moved, seconded by Commissioner Wallace that Ordinance #91/9 be passed on first reading. Roll Call: Comm. Stahl; AYE, Comm. 2 Armour; AYE, Comm. Wallace; AYE, Mayor Koch; AYE. K. #91/10; Amending Chapter 8 (Offenses & Misc. Provisions) by adding a section to regulate waste disposal from boats in the Intracoastal Waterway. Commissioner Armour moved and Commissioner Stahl seconded that Ordinance #91/10 be adopted on first reading. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, Mayor Koch; AYE. Commissioner Armour requested that the lawn maintenance workers be advised at the time they purchase an occupational license that there is an ordinance that prohibits any debris from being deposited in the waterway and that it will be strictly enforced by the police and the code enforcement official. The mayor so directed. L. #91/11; Creating a new Article II of Chapter 10 (Water) to be entitled "Landscape Irrigation Regulations" Commissioner Armour felt that residents should be advised that the provisions of this ordinance have implemented the watering restrictions that were in place throughout Palm Beach County during the water shortage emergency on • permanent basis in Gulf Stream. He went on to state that while this is • start at reducing water consumption, it would be necessary in the future to implement an inverted rate structure. Commissioner Stahl suggested that this could be discussed further at the regular meeting on January 11, 1991 if Commissioner Armour desired to do so as there would be a consumption iepbrt given in the Town Manager's report section of the agenda. Commissioner Stahl moved that Ordinance #91/11 be adopted on first reading, seconded by Commissioner Wallace. Roll Call: Comm. Stahl; AYE, Comm. Armour; AYE, Comm. Wallace; AYE, Mayor Koch; AYE. IV. Public There was no additional comment from the public. Mayor Koch announced that a second public hearing would be held on Monday, January 21, 1991 at 5:01 P.M. to further consider the Ordinances adopted on first reading this date for second reading and final adoption. V. Adjournment Mayor Koch adjourned the meeting at 6:15 P.M. ATTEST: /2,:& X / Rita Taylor, T n Clerk Mayor Koch Vice Mayor Armour Commissioner Sta , ,,,, o,- um 1 1 � ,. o