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