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HomeMy Public PortalAbout01/21/1991 * Public HearingJanuary 15, 1991 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA ON MONDAY, JANUARY 21, 1991 AT 5:01 P.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Resolution 91 -1; A Resolution of the Town Commission of the Town of Gulf Stream, Florida adopting amendments to the Comprhensive Plan of the Town of Gulf Stream, authorizing the forwarding of the amendments to the State of Florida Department of Community Affairs and authorizing Town Officials to undertake the necessary measures to effectuate the requirements of Chapter 163, Fla. Stat. IV. Ordinances for Public Hearing on second reading and adoption 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, maximum heights for seawalls, maximum percentage of flat roof; to recind the minimum size of building requirement; 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. 9�/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 III of Chapter 10 (Water) to be entitled "Landscape Irrigation Regulations" i 1 PUBLIC HEARING OF TOWN COMMISSION January 21, 1991 AT 5:01 P.M. page 2 AGENDA CONTINUED IV. Ordinancm for Public Hearing on second reading and adoption continued M. 91/12; Amending the Zoning Ordinance changing the name of the Planning Board, providing for composition of the Board as well as establishing compensation, qualifications, term, removal and rules for the Board. V. Public VI. 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 21, 1991 AT 5:01 P.M. I. Call to Order The meeting was called to order at 5:01 P.M. by Mayor William F. Koch, Jr. II. Roll Call Present: William F. Koch, Jr. Mayor James E. Cross Commissioner Lawrence E. Stahl Commissioner Kathleen S. Wallace Commissioner Absent: Alan I. Armour (withCe)Vice not Also Present: John Randolph Town Richard Brandt Code Dr. Rooney Town John Breazeale Town Brian Pfeifler Town Scott Tiernan Town Mayor Attorney Enforcement Officer Resident Resident Resident Resident III. Resolution 91 -1; A Resolution of the Town Commission of the Town of Gulf Stream, Florida adopting amendments to the Comprehensive Plan of the Town of Gulf Stream, authorizing the forwarding of the amendments to the State of Florida Department of Community Affairs and authorizing Town Officials to undertake the necessary measures to effectuate the requirements of Chapter 163, Fla. Stat. Attorney Randolph explained that the amendments include changes in the Policies and Objectives as they relate to water consumption and conserv- ation that were agreed to in the stipulation between the Town and the DCA after DCA refused to approve the Plan. Commissioner Cross moved to adopt Resolution 91 -1, seconded by Commis- sioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, Mayor Koch; AYE. IV. Ordinances for Public Hearing on second reading and adoption 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, maximum heights for seawalls, maximum percentage of flat roof; to recind the minimum size of building requirement; and to provide that variances expire within 12 montls from the granting. Dr. Rooney was recognized from the audience and asked if a screen enclosure would be counted toward lot coverage for lots of less than 20,000 square feet. He was advised that as the Ordinance is written, that would be counted. He then stated that he now has 1,800 sq. ft. of living area and would like to add an additional 1,000 sq. ft. He went on to add that inasmuch as pools must be enclosed he must either fence his yard, eliminating the screen around the pool, in order to construct the additional 1,000 sq. ft. on ground level, or leave the screen enclosure and add the extra living area as a second story. He felt that his neighbors would prefer not to have a second story and not to have the yard fenced. He requested that the proposed regulations be changed to exempt the screen enclosures from lot coverage provisions. Public Hearing -Town Commission Minutes of January 21, 1991 page 2 John Breazeale, Chairman of the Task Force Committee, advised that this had been discussed by the Task Force and they had recommended that the screen enclosures be counted toward lot coverage and that individual circumstances and problems could be considered thru variance applications. Brian Pfeifler, called attention to the fact that the computation of lot coverage for lots of more than 20,000 sq. ft. on page 2 addresses screened enclosures while that for the lots of less than 20,000 sq. ft. on page 5 says nothing about screened enclosures, just enclosures. He felt that whatever was decided, screened enclosures should be addressed on page 5 so there would be nothing left to interpretation. Commissioner Stahl moved and Commissioner Cross seconded the motion to approve on second reading, Ordinance 90/1, with an amendment at page 5 related to lot coverage to add the following two sentences on the end of paragraph item (i)4: Unscreened patios or swimming pools shall not be considered in computing lot coverage. Screened in pools or patios shall be considered in computing lot coverage, but shall be computed as only fifty (50) percent of their actual coverage. There was no further comment from the public. Roll Call: Comm. Stahl; AYE, Comm. Cross; AYE, Comm. Wallace; AYE, and Mayor Koch; AYE. B. 91/1; Amending the Zoning Ordinance by adding the designation of a "Conservation District" and of a "Public Facilities District" Mayor Koch explained that Ordinances 91/1 thru 91/10 are required in order that the Comprehensive Plan that was adopted in July, 1989 may be implemented. There was no comment from the public and Comm. Stahl moved for the adoption of Ordinance 91/1. The motion was seconded by Comm. Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch, AYE. C. 91/2; Amending the Zoning Ordinance so as to amend the application content requirements in the Site Plan Review Process and the Standards of Review to provide for "Wetlands Protection ". Commissioner Cross moved to adopt Ordinance 91/2, seconded by Commissioner Wallace. There was no public comment. Roll Call: Comm. Stahl; AYE, Comm. Cross; AYE, Comm. Wallace; AYE, and Mayor Koch; AYE. D. 91/3; Amending the Zoning Ordinance to adopt a "Concurrency Management System" There being no comment from the public, Commissioner Wallace moved and Commissioner Cross seconded that Ordinance 91/3 be adopted on second reading. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. C ) 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 Stahl moved for the adoption of Ordinance 91/4. The motion was seconded by Commissioner Wallace. There was no comment from the public and roll call was as follows: Comm. Stahl; AYE, Comm. Cross; AYE, Comm. Wallace; AYE and Mayor Koch, AYE. Public Hearing -Town Commission Minutes of January 21, 1991 page 3 F. 91/5; To be known as the Recreation & Open Space Ordinance. Commissioner Cross moved for the adoption of 91/5, seconded by Commis- sioner Wallace. There was no comment from the public. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. G. 91/6; Amending Chapter 4 (Building Regulations) to provide "Shoreline Protection Requirements" Commissioner Wallace moved to adopt Ordinance 91/6, seconded by Commis- sioner Cross. There was no public comment and Roll Call was: Comm. Stahl; AYE, Comm. Cross; AYE, Comm. Wallace; AYE, and Mayor Koch; AYE. H. 91/7; Amending Chapter 8 (Offenses & Misc. Provisions) so as to provide requirements for development of marinas Commissioner Stahl moved for the adoption of Ordinance 91/7, seconded by Commissioner Cross. No one from the public commented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch, AYE. I. 91/8; To be known as the "Native Species and Habitat Protection Ordinance" Commissioner Wallace moved to adopt Ordinance Number 91/8. Commis- sioner Cross seconded the motion, following which there was no comment from the public and a roll call vote was: Comm. Stahl; AYE, Comm. Cross; AYE, Comm. Wallace; AYE, and Mayor Koch; AYE. J. 91/9; Adopting and incorporating by reference the Palm Beach County "Wetlands Protection Ordinance" Commissioner Cross moved that Ordinance 91/9 be adopted on second reading, seconded by Commissioner Wallace. There being no public comment a roll call vote was taken. The vote was: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and 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 Cross moved to adopted Ordinance 91/10, seconded by Commis- sioner Wallace. There was no comment from the public. Roll Call: Comm. Stahl; AYE, Comm. Cross; AYE, Comm. Wallace; AYE, and Mayor Koch; AYE. L. 91/11; Creating a new Article III of Chapter 10 (Water) to be entitled "Landscape Irrigation Regulations" Mayor Koch explained that this Ordinance places permanent restrictions on the time when outside watering can take place in an effort to reduce the water consumption in Gulf Stream. Commissioner Stahl moved that Ordinance 91/11 be adopted, seconded by Commissioner Wallace. There was no public comment. Roll Call: Comm. Wallace, AYE, Comm. Cross; AYE, Comm. Stahl, AYE, and Mayor Koch, AYE. Commissioner Stahl requested that the terms of the Ordinance be included with the mailing of the water bills. M. 91/12; Amending the Zoning Ordinance changing the name of the Planning Board, providing for composition of the Board as well as establishing compensation, qualifications, term, removal and rules for the Board. Public Hearing -Town Commission Minutes of January 21, 1991 page 4 Comm. Wallace moved to adopt Ordinance 91/12, seconded by Comm. Cross. Scott Tiernan inquired if this document set a term for the members of the Architectural Review and Planning Board. Commissioner Wallace advised that the term would be for three years, at which time there would be either a reappointment or a new appointment. Commissioner Stahl pointed out that the members of the Board serve at the pleasure of the Commission and could be removed at any time. Mr. Tiernan asked that it be a matter of record that this Board be a board that represents the interests of the Town of Gulf Stream. The Roll Call vote was as follows: Comm. Stahl; AYE, Comm. Cross; AYE, Comm. Wallace; AYE, and Mayor Koch, AYE. V. Public There was no additional public comment. VI. Adjournment Commissioner Wallace moved to adjourn, seconded by Commissioner Cross and all voted AYE. Mayor Koch adjourned the meeting at 5:55 P.M. Rita L. Taylor, /own Clerk