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HomeMy Public PortalAbout06/19/1991July 12, 1991 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace REGULAR MEETING OF THE TOWN COMMISSION OF GULF STREAM, FLORIDA TO BE HELD ON FRIDAY, JULY 19, 1991 AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Minutes of the regular meeting of June 7, 1991 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Site Plan Review A. Craig A. Cress, Agent for Casa Serena Property Owner's Association, Inc., 2601 N. Ocean Blvd., Gulf Stream, F1. 33483 - Addition of enclosed storage space for the existing multi - family development. VI. Reports A. Town Manager 1. Water Usage B. Town Attorney C. Financial Director 1. Financial Report D. Architectural Review & Planning Board 1. Report on Meeting of June 19, 1991 E. Police Report F. Construction in Progress VII. Items for Commission Action A. Date of September Meetings B. Police & Fire Communications Agreement -City of Delray Beach C. Items by Commissioners VIII. Correspondence C1 A. Reply to Town's Request for Governor to Veto Senate Bill 738. B. Resolution 91 -21 endorsing the candidacy of C.E. Anthony, Mayor of S. Bay for 2nd Vice Pres. of F1. League - Pahokee C. Resolution 64, 1991 requesting a proposed FAU complex be located in Palm Beach Gardens -City of Palm Beach Gardens IX. Public X. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105. F.S.S. REGULAR MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON FRIDAY, JULY 19, 1991 AT 9:00 A.M., 100 SEA ROAD, GULF STREAM, FLORIDA I. Call to Order Mayor Koch called the meeting to order at 9:00 A.M. II. Roll Call Present: William F. Koch, Jr Alan I. Armour Lawrence E. Stahl Kathleen S. Wallace Absent: Also Present: James E. Cross (arrived late) Franklin Flannery Jay Jurgens Rita Taylor Scott Harrington Robert Schultz William Gwynn Joan Orthwein Mitchell Denberg Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney (assistant) Town Clerk Planner /Code Enforcement Police Chief Finance Director Chairman ARPB Town Resident III. Minutes Town Clerk Taylor advised that an amended set of minutes had been delivered to the Commissioners on July 18, 1991. Commissioner Wallace moved to approve the Minutes of the Regular Meeting of June 7, 1991 as amended, seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE; Comm. Stahl; AYE, and Mayor Koch; AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. Town Clerk Taylor requested that there be added as item VII.D. "Proposed Ordinance Amendments and Zoning in Progress ". There were no objections to this addition which was a result of the Joint Workshop Meeting that was held on July 17, 1991. V. Site Plan Review A. Craig A. Cress, Agent for Casa Serena Property Owner's Association, Inc., 2601 N. Ocean Blvd., Gulf Stream, F1. 33483 - Addition of enclosed storage space for the existing multi - family development. Joan Orthwein, Chairman of the Architectural Review and Planning Board advised that the Board unanimously recommended that the site plan be approved as requested. Commissioner Stahl moved that the site plan be approved as requested, seconded by Commissioner Armour. Commissioner Wallace, noting that there will be three mature palm trees removed, asked for confirmation that those would be replanted in the Town. Town Manager Flannery stated that they are to be placed at Gulf Stream School. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. VI. Reports A. Town Manager 1. Water Usage Mr. Flannery explained that inasmuch as the main water meter from Delray is still not functioning properly, it is not possible to give an accurate report of water usage. Regular Meeting -Town Commission page 2 July 19, 1991 B. Town Attorney Attorney Jurgens, in the absence of Attorney Randolph, reported that the final order from DCA approving the amendments to the Comprehensive plan is expected shortly. C. Financial Director Mr. William Gwynn presented his report and pointed out that 98.3% of the tax revenue had been received. He also advised that the C% amount of investments had been reduced due to a payment on the outstanding bonds having been made and added that the bond issue was 50% paid off. Commissioner Armour moved that the report be approved as presented, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. D. Architectural Review & Planning Board 1. Report on Meeting of June 19, 1991. Joan Orthwein, Chairman of the ARPB, advised that the discussion that was held with regard to the proposed ordinances had been reported and discussed at the Joint Workshop Meeting that had been held on July 17, 1991 and she had nothing further to report. E. Police Report Chief Robert Schultz presented his report which included the announcement that Officer Gary Ward had been promoted to the position of Deputy Chief. He further advised that the personnel from Bethesda Ambulance Service thru the cooperation of Bethesda Hospital had given a course on CPR to the members of the police department and that now all officers were certified in CPR. It was suggested that perhaps later in the year, arrangements could be made to have -a course for residents who were interested, and that it could be held in the Town Hall. Town Manager Flannery advised that he and Chief Schultz would be attending a conference in Naples the first week in August, 1991 for the purpose of meeting State recertification requirements. F. Construction in Progress The report that had been circulated revealed that the total amount of permitted work in progress in June, 1991 was $$7,839,695.00. Commissioner Cross joined the meeting at this point. VII. Items for Commission Action A. September Meeting Dates Staff Recommendations for the September Meetings were that the regular meeting of the Town Commission be held on September 13, 1991 at 4:00 P.M. with the first Public Hearing for the Budget to be held also on September 13, 1991 at 5:01 P.M. They further recommended �- that the second Public Hearing for adoption of the Budget for 1991 -1992 be held on September 24, 1991 at 5:01 P.M. All were in agreement on this schedule. B. Police & Fire Communications Agreement -City of Delray Beach The Town Clerk explained that action on this agreement had been tabled from the June meeting due to an error which has now been corrected with the approval of the City of Delray Beach. The agreement provides that the City of Delray Beach will provide Police & Fire Dispatching Services from June 15, 1991 to June 15, 1994 at a cost of $20,000 per year. Commissioner Armour moved to approve the agreement Regular Meeting -Town Commission July 19, 1991 and authorize the Mayor and Town Commissioner Stahl. Roll Call: Comm. Armour; AYE, Comm. Stahl; page 3 Clerk to execute same, seconded by Comm. Wallace; AYE, Comm. Cross; AYE, AYE, and Mayor Koch; AYE. C. Items by Commissioners Commissioner Wallace advised that the Civic Association had purchased a plaque which expresses appreciation for the many years of service to the Town by William Mayer. She requested permission to have it placed on the wall in the lobby of the Town Hall. The Mayor and all members of the Commission were agreeable to this request. D. Proposed Ordinance Amendments & Zoning in Progress Commissioner Cross left the meeting to attend a funeral. Town Clerk Taylor explained that the directions that had been given to the Staff at the Joint Workshop Meeting of July 17, 1991 had been incorporated in the original Staff recommendations and were contained in the document that had been distributed on July 18, 1991. The items contained in the document are as follows: a. Protection of Trees Commissioner Stahl moved that proposed Ordinance 91/19 be recinded along with the related Zoning in Progress declaration, and that a new ordinance be prepared to include the following provisions: 1. The Ordinance would be written to require a permit for any land clearing, filling or dredging activities. 2. The Ordinance would apply to all vacant lots and lots where redevelopment activity will disturb or alter 50% or more of the landscaped area of the site. 3. Requirements in the ordinance would include preserving all on -site native and non - nuisance vegetation with a trunk diameter of 4 inches or greater either at its current location or relocated on -site, where practical. Proposed landscape plans would be required showing all existing, relocated and new landscaping. Written justification would be required explaining which materials, if any, would be lost and why. Moving the vegetation off -site, but still within the Town limits, would be an acceptable mitigation measure where preserving or relocating vegetation on -site proved to be impractical. 4. Standards would be provided in the ordinance to ensure the vegetation to be saved would be protected during the time when land clearing and building activities are taking place on -site. 5. Applications for the Land Clearing Permit would be reviewed simultaneously with Site Plan Review, if required, and would follow the same notice and public hearing requirements as site plans for review by the Architectural Review and Planning Board and the Town Commission. The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace ; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Regular Meeting -Town Commission page 4 July 19, 1991 b. AlA Historic Corridor Commissioner Stahl moved and Commissioner Armour seconded that Ordinance 91/16 as proposed be amended to include the following and that Zoning in Progress be declared with regard to everything included in the amended Ordinance 91/16: 1. Language added which describes the historical importance of the corridor. 2. Section 2.F.l.d. deleted, thus prohibiting all real estate and contractor signs in the corridor. 3. Make the Ordinance applicable to all additions, alterations, and removal of vegetation, berms, walls, gates, fences, columns, driveways, walkways, other impervious areas, and structures within the corridor, with the exceptions noted in the ordinance and the addition of an exemption for trimming or removal by utility companies. 4. A Landscape Disturbance Permit would be required and would be reviewed simultaneously with Site Plan Review, if required, and would follow the same notice and public hearing requirements as site plans for review by the Architectural Review and Planning Board and the Town Commission. 5. Removal or alteration of vegetation or other landscape features in violation of the requirements of the ordinance would result in the replacement of the lost vegetation or landscape features with materials deemed by the Town to be equivalent to those lost. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Commissioner Armour advised that he had observed some of the pine trees on AlA being trimmed as he traveled to the meeting and asked to have a letter signed by the Mayor sent to all along AlA to advise it would be necessary to obtain a permit for this. There was discussion on the issue and the Town Manager was directed to draft a letter with the signature of the Mayor advising of all of the restrictions in the AlA Historic Corridor Ordinance and also advising that it is also necessary to obtain a permit for any proposed demolition. The Commission went on record and having no permit fee connected with the applications for activity in the Corridor. The Commission instructed that the letter be enclosed with the water bills that are sent in August, 1991 and that some method be found to notify the maintenance personnel responsible for the work on the properties along AlA. C. Maximum First Floor Elevation Commissioner Stahl moved to recind proposed Ordinance 91/18 and the related Zoning in Progress and to authorize a new ordinance to be prepared to contain the following with Zoning in Progress declared to cover the provisions in the new document: Regular Meeting -Town Commission July 22, 1991 page 5 1. For previously undeveloped lots, the maximum finished first floor elevation would be the greater of the following: A. +8.5 feet NGVD; B. 1.5 feet above the crown of adjacent roads; or, C. 0.5 feet above the average existing grade of the buildable area of the lot. 2. For previously developed lots, the maximum finished first floor elevation would be the greater of the following: A. +8.5 feet NGVD; B. 1.5 feet above the crown of adjacent roads; or, C. The elevation of the previous structure or the average of elevations of adjacent structures, whichever is less. The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. d. Second Story Development Comm issioner Stahl moved to recind proposed Ordinance 91/17 and the related Zoning in Progress and to direct the Attorney to prepare a new proposed Ordinance which contains the following provisions with Zoning in Progress to apply to the new provisions (applicable to Single Family Residential Districts only): 1. Maximum Lot Coverage: Non - oceanfront lots: 25% of the entire lot area. Oceanfront lots: 25% of the lot area landward of the existing Coastal Construction Control Line. 2. Maximum Floor Area Ratio: Non - oceanfront lots: 0.33 of the entire lot area. Oceanfront lots: 0.33 of the lot area landward of the existing Coastal Construction Control Line which was established in February, 1978 Regular Meeting of the Town Commission July 19, 1991 page Minimum Side Setbacks: Lots of 20,000 square feet or _greater: 15 feet or 15% of lot width, whichever is greater, for structures up to 22 feet in height. For portions of structures greater than 22 feet in height, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 30 feet in height excluding shimneys (35 feet including chimneys on oceanfront lots only) Lots of less than 20,000 square feet: 15 feet for structures up to 22 feet in height. For portions of structures greater than 22 feet in height, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 30 feet in height excluding chimneys (35 feet including chimneys on oceanfront lots only) 4. Minimum Front Setbacks: Lots located on AlA: 78 feet from the centerline of the AlA right -of -way. Lots of 20,000 square feet and greater: 25 feet or 25% of lot depth, whichever is greater, for structures up to 22 feet in height. For portions of structures over 22 feet in height, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 30 feet in height excluding chimneys (35 feet including chimneys on oceanfront lots only). Lots of less than 20,000 square feet: 25 feet for structures up to 22 feet in height. For portions of structures over 22 feet in height, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 30 feet in height excluding chimneys (35 feet including chimneys on ocean- front lots only). Regular Meeting -Town Commission July 19, 1991 page 7 Minimum Rear Setbacks: Lots of 20,000 square feet and greater: 15 feet or 15% of lot depth, whichever is greater, for structures up to 22 feet in height. For portions of structures greater than 22 feet in height, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 30 feet in height excluding chimneys (35 feet including chimneys on oceanfront lots only). Lots of less than 20,000 square feet: 15 feet for structures up to 22 feet in height. For portions of structures greater than 22 feet in height, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 30 feet in height excluding chimneys (35 feet including chimneys on oceanfront lots only). The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. The Commission directed Mr. Harrington to include a recommendation for a setback line from the water (not to include the Ocean) along with the Ordinances to be considered. Mr. Harrington advised he would study the matter prior to making a recommendation and in addition he further advised he may have a recommendation to cover floor area ratios for those structures with atriums. e. Administrative Review. Commissioner Stahl moved to authorize the Attorney to prepare an ordinance to amend the site plan review requirements as follows and to declare Zoning in Progress in relation to the proposed amendments: 1. Development proposals requiring Site Plan Review and Approval which includes a review and recommendation by the Town staff and the ARPB, and final review and approval by the Town Commission: - All new primary structures. - All accessory structures greater than 150 square feet. - Expansion of existing structures by greater than 5% of the total square footage or building footprint. - Demolition of primary structures by greater than 5% of the total square footage or building footprint. - Changes in exterior wall, roofing, window, or door materials, or combination thereof, which are significantly different in color, texture or appearance, for 10% or greater of the total surface area of an elevation, or 20% or greater of the entire exterior surface area. Regular Meeting -Town Commission July 19, 1991 page 8 - Increases of 103 or greater of the total unroofed impervious surface area. - All boat lifts and docks. - All other development proposals which, in the opinion of Town staff, warrant site plan review due to the development's potential impact. C2. Developmemt proposals requiring review and approval by the Town staff only: - All building or demolition activities not requiring Site Plan Review. 3. For the purposes of development review, Town staff shall be defined as the Town Manager or his designee. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. The Commission directed that the placement, size and maintenance of docks, boat lifts and dolphins also be addressed in the ordinances to be considered, as well as a provision to permit garages to face the street without being screened on lots of less than 20,000 square feet. Zoning in Progress was not declared on these two items. VIII. Correspondence A. Reply to Town's Request for Governor to Veto Senate Bill 738. B. Resolution 91 -21 endorsing the candidacy of C.E. Anthony, Mayor of S. Bay for 2nd Vice Pres. of F1. League - Pahokee C. Resolution 64, 1991 requesting a proposed FAU complex be located in Palm Beach Gardens -City of Palm Beach Gardens All of the correspondence was made a part of the official records. IX. Public Mitchell Denberg, a resident of Gulf Stream advised that he had phoned the Town Hall several weeks previously to report that a structure had been erected on the beach at 1421 N. Ocean Blvd. and to date it appears that no action was taken. Town Manager Flannery advised that the report had not reached him and that action would be taken immediately. X. Adjournment Commissioner Armour moved to adjourn, seconded by Commissioner OStahl and all voted AYE on a roll call vote. Z& / Rita L. Taylor, f6wn Clerk