HomeMy Public PortalAbout09/13/1991September 6, 1991
MAYOR: William F. Koch, Jr.
VICE 14AYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Lawrence E. Stahl
n Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING TO BE HELD BY THE TOWN COMMISSION/
BOARD OF ADJUSTMENT ON FRIDAY, SEPTEMBER 13, 1991 AT 4:00 P.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Roll Call
III. Minutes
A. Special Meeting of 8 -14 -91
B. Regular Meeting of 8 -14 -91
C. Special Meeting of 8 -16 -91
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements
A. Public Hearing for budget adoption September 24, 1991 at 5:01 P.M.
B. Proclamation declaring week of October 6, 1991 as'12espiratory
Care Week."
VI. PUBLIC HEARING
A. Variances
1. Mark Marsh of Digby Bridges, Marsh & Associates, Agent
for Mrs. Talbot Speer, 2817 N. Ocean Blvd., Gulf STream,
F1. requesting a variance to permit.a 13' encroachment
of a bathhouse structure into the required 30' south side
yard and an 8' encroachment of a pool into the required
15' south side yard, both of which are existing on the
north 200' of a 300' parcel. The encroachments would be
created if the south 100' of the 300' parcel is used to
create a new lot.
And also, a variance is requested to permit a 2'
encroachment of a proposed pool into the required 15'
north side yard of the southern 100' of the 300' parcel
if a new lot is created with the south 100'.
And further, a waiver from a zoning in progress provision
regulating the Maximum Finished First Floor Elevation is
requested to permit the finished first floor elevation
of the proposed single family dwelling that would be
constructed on the south 100' of the 300' parcel, if a
new lot is created, to be 1.5' higher than the 15.51'
permitted. (Proposed Ord. 91/22)
All requests are involved with the property bearing the
address of 2817 N. Ocean Blvd., Gulf Stream, F1., the
legal description being: The north 300' of Govt. Lot 3,
Section 3, Township 46 South, Range .43 East, lying east
of Ocean Blvd., (State Road AlA)
VII. Site Plan Review
A. Mark Marsh of Digby Bridges, Marsh & Associates, Agent for Mrs.
Talbot Speer, 2817 N. Ocean Blvd., Gulf Stream, F1.- Construction
of a single family dwelling & accessory structures on the south
100' at the address aforementioned.
Meeting of September 13, 1991 page 2
AGENDA CONTINUED"
VII. Site Plan Review Continued
A. Application from Mrs. Talbot Speer Continued
1. Land Clearing Permit (Proposed Ord. 91/21)
2. Vegetation Disturbance Permit (Proposed Ord. 91/16)
B. Carr Driveways, 612 Industrial Ave., Boynton Beach, F1.,
Agent for W. Grant Williams, 3145 Polo Drive, Gulf Stream,
F1.- Addition of a circular driveway and landscaping improvements.
Continued from the meeting of August 14, 1991.
VIII. Reports
A. Town Manager
1. Water Usage
2. Fire Hydrant Maintenance
3. Trimming of Australian Pines on AlA
4. Carson & Linn Recommendation RE: Police- General Orders
5. Inventory of Town Property
6. Street Paving Maintenance Program
B. Town Attorney
1. Proposed Ordinance #91/23; Amending Zoning Ordinance to
provide for a floor area ratio, amend setback regulations
and lot coverage, permit garage doors to face the street
in certain conditions, and amend requirements for site
plan reviews.
2. Proposed Ordinance #91/24; To regulate the size and place-
ment of docks along with ancillary structures.
3. Final Action on Comprehensive Plan Amendment RE: Water
Consumption.
C. Architectural Review and Planning Board
1. Report from Meeting of August 21, 1991
a. Review of Proposed Ordinance #91/16; Amending Ord.
83 -1 by establishing an overlay district known as the
,North Ocean Blvd. District within the RS, RM and
OR Zoning Districts.
b. Review of Proposed Ordinance #91/21; Providing that it
shall be unlawful to remove trees, move soil or
conduct land clearing activities without first having
obtained a Land Development Permit from the Town.
C. Review of Proposed Ordinance #91/22; Amending
Ordinance 33 -1 to provide for a maximum height for
the first floor - finished floor elevation in all zoning
districts.
D. Financial Director
1. Financial Report for August, 1991
E. Police
F. Construction in Progress
IX. Items for Commission Action
A. Items by Commissioners
1. Mayor Koch
a. Report on Town Managers negotiated benefit package
b. Purchase of a word processor /computer
C. Proposed communication to other municipalities
regarding equality of Real Property Appraisals
X. Public
XI. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION /BOARD OF.ADJUSTMENT 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.
C
REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION /BOARD
OF ADJUSTMENT ON FRIDAY, SEPTEMBER 13, 1991 AT 4:00 P.M. IN THE GULF
STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
II. Roll Call
Mayor Koch called the meeting to order at 4 P.M.
Present: William F. Koch, Jr
Alan I. Armour
James E. Cross
Kathleen S. Wallace
Absent: Lawrence E. Stahl
(with notice)
Also Present: E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Joan Orthwein
Mark Marsh
Scott Tiernan
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
ARPB Chairman
Applicants Agent
Town Resident
III. Minutes
A. Special Meeting of August 14, 1991.
Commissioner Cross moved to approve the minutes of the
Special Meeting of August 14, 1991, seconded by Commissioner Wallace.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE,
and Mayor Koch; AYE.
B. Regular Meeting of August 14, 1991.
Commissioner Cross moved that the minutes of the Regular
Meeting of August 14, 1991 be approved. The motion was seconded by
Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
C. Special Meeting and Public Hearing of August 16, 1991.
Commissioner Wallace moved to approve the minutes of the
Special Meeting /Public Hearing held on August 16, 1991, seconded by
Commissioner Armour. Roll Call. Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Clerk advised that a request had been made to change
the date of the November meeting scheduled for November 8, 1991 at
9:00 A.M. to November 15,, 1991 at 9:00 A.M. inasmuch as there are 5
Fridays in the month of November. All members of the Commission
agreed to the change. There were no other requests.
V. Announcements
A. Public Hearing for budget adoption September 24, 1991 at
5:01 P.M.
The Town Clerk announced that this would be the final hearing
on the adoption of the millage and the budget for fiscal year 1991 -1992.
B. Proclamation declaring week of October 6, 1991 as "Respiratory
Care Week ".
The Clerk presented the proclamation and Mayor Koch declared
October 6, 1991 as "Respiratory Care Week ", executing the proclamation.
Regular Meeting and Public Hearing
Town Commission - September 13, 1991 page 2
VI. PUBLIC HEARING
A. Variances
1. Mark Marsh of Digby Bridges, Marsh & Associates, Agent
for Mrs. Talbot Speer, 2817 N. Ocean Blvd., Gulf Stream,
F1. requesting a variance to permit a 13' encroachment
of a bathhouse structure into the required 30' south side
C yard and an 8' encroachment of a pool into the required
15' south side yard, both of which are existing on the
north 200' of a 300' parcel. The encroachments would be
created if the south 100' of the 300' parcel is used to
create a new lot.
And also, a variance is requested to permit a 2'
encroachment of a proposed pool into the required 15'
north side yard of the southern 100' of the 300' parcel
if a new lot is created with the south 1001.
And further, a waiver from a zoning in progress provision
regulating the Maximum Finished First Floor Elevation is
requested to permit the finished first floor elevation
of the proposed single family dwelling that would be
constructed on the south 100' of the 300' parcel, if a
new lot is created, to be 1.5' higher than the 15.51'
permitted. (Proposed Ord. 91/22)
All requests are involved with the property bearing the
address of 2817 N. Ocean Blvd., Gulf Stream, F1., the
legal description being: the north 300' of Govt. Lot 3,
Section 3, Township 46 South, Range 43 East, lying east
of Ocean Blvd., (State Road AlA)
Mr. Marsh presented the requests and displayed several renderings. He
reminded that a variance to permit the encroachment of the north bath-
house and pool into the south side setback of the northerly 200' parcel
had been previously granted with the provision that the south bathhouse
and pool equipment be removed. He then went on to relate that the
approval had expired and the applicant is requesting that it once
again be granted along with the variance for the 2' encroachment of the
pool into the north side setback on the southerly 100' and the waiver
of zoning in progress provisions to enable the first floor finished
floor elevation to be established at 17' above 0 elevation, 1.5 feet
above that permitted.
�I
Mr. Marsh advised that both Mrs. Speer and the prospective purchaser of
the southerly 100' parcel would like to be able to leave the south
bathhouse in place and provide an easement agreement to cover. However,
sirr;e it would be necessary to apply for a variance to permit the set-
back encroachment on the southerly 100 foot parcel which is very time
consuming, they would like to be granted the request as stated and then
consider the possibility of returning at a later time with a request
to permit the bathhouse to remain. Mr. Marsh felt that some of the
historical value of the property would be diminished if the bathhouse
is to be removed. Commissioner Wallace agreed and questioned if they
had considered moving it to another location. Mr. Marsh said it had
been a consideration that would take more study but he felt that the
design would be spoiled by a relocation.
Regular Meeting & Public Hearing
Town Commission- September 13, 1991 page 3
The Staff recommendation was: a) Remove all structures which encroach
the southern property line of the northerly 200 foot parcel. b) Relocate
the pool pump house to a location acceptable to the Town. c) Record a
unity of title for the remaining two lots that comprise the northerly
200' parcel. d) Prohibit the issuance of building permits for the
}
southerly 100 foot parcel until the conditions are satisfied.
Mr. Marsh advised that Mrs. Speer was opposed to executing a unity of
title but he was not aware of the reason. Attorney Randolph advised
that his recommendation was that a unity of title be a condition of
any variance that might be granted and without knowing why Mrs. Speer
was opposed to this, he could offer no alternative.
Mrs. Orthwein, Chairman of the ARPB, reported that the ARPB recommended
that all requests be granted as requested but felt that the ordinance
that is being proposed to establish the finished floor elevation must be
reviewed by staff taking into consideration that the +17' being requested
at this time seems to be reasonable. She further reported that the
ARPB made no recommendation regarding conditions to be attached.
Members of the Commission were in agreement that a unity of title would
be necessary but questioned if it would be possible to allow the project
to move forward, if the variance were to be granted, and still allow
time for a variance to be presented to permit the bathhouse to remain
or be relocated. Attorney Randolph and Mr. Harrington, Town Manager,
advised that the removal of the encroachments could be tied to issuance
of the Certificate of Occupancy rather than the issuance of the building
permits for the southerly 100' parcel.
Commissioner Cross moved that a variance be granted to permit a 13'
encroachment of the north bathhouse into the required 30' south side
yard and an S' encroachment of an existing pool into the required 15'
south side yard of the northerly 200' parcel provided the south bath-
house and the pool pump house which encroach the south property line of
the 200' parcel are removed prior to issuance of a Certificate of
Occupancy for the dwelling to be constructed on the southerly 100'
parcel, and provided that a Unity of Title is issued for the two lots
comprising the northerly 200' parcel prior to issuance of a Building
Permit for the dwelling to be constructed on the southerly 100' parcel.
The motion was seconded by Commissioner Wallace. Mr. Tiernan, speaking
.from the audiance encouraged the applicant and the Commission to work
toward permitting the south bathhouse to remain at the existing location.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, and
Mayor Koch; AYE.
Regarding the variance request for a variance to permit a 2' encroachment
of a proposed pool into the required 15' north side yard of the southerly
100' parcel, Mr. Marsh stated that there was a hardship in designing
the project in that there is a five story apartment building on the
south which renders it impossible to utilize any of the south side
and in addition, a very large setback was required from the dune which
further limited the buildable area. With these conditions, the pool
and activity area were designed to the north and it would be necessary
to have the pool encroach into the setback due to the shading caused
by the apartment building on the south.
Regular Meeting & Public Hearing
Town Commission- September 13, 1991 page 4
Commissioner Wallace believed that a hardship does exist in that the
5 story building impacts the single story dwelling that is proposed
and noted that in the Town of Gulf Stream, it is unusual that there
would be a 5 story building adjacent to a single family zoning district.
Commissioner Wallace noted that there are two walls shown on the
drawing that would furnish privacy for the Speer property, resulting
in no impact. Commissioner Armour moved that the variance to permit a
2' encroachment of a proposed pool into the required 15' north side
yard of the southerly 100' parcel be approved as requested, seconded
by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
In explaining the request for a waiver from a zoning in progress
provision regulating the Maximum Finished First Floor Elevation,
Mr. Marsh stated that under the proposed provisions, the first floor
of the proposed dwelling would be permitted at +15.5'above 0 elevation.
The applicant requests that it be established at +17' citing the fact
that they were forced to take a large setback from the dune causing
the dwelling to be constructed on a low portion of the lot. In so
doing, the owner is denied an acceptable view of the ocean and is
forced to build at a lesser elevation than is recommended by DNR
for protection from storm surge. He added that several of the dwellings
recently designed for the beach front by his firm have been at +17'
and there have been no comments about them being too high. He further
added that this dwelling is a single story structure and therefore the
overall height will not appear too tall, especially next to a 5 story
building which is also a hardship in this instance.
Mayor Koch noted that the proposed Ordinance #91/22 related to finished
floor elevation will be considered later on the agenda. He believed
ocean front property oweners should expect to have a view of the Ocean
and that the safety factor with regard to storms should be considered.
Commissioner Wallace moved and Commissioner Cross seconded that a
waiver from Zoning in Progress to permit the finished first floor
elevation of the proposed single faily dwelling that would be
constructed on the south 100' of the 300' parcel be granted.
Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
Mayor Koch Recessed the meeting at 5:00 P.M. in order to open the
Public Hearing for the 1991 -1992 Proposed Budget which had been
advertised to be held at 5:01 P.M.
Mayor Koch Called the Meeting to Order at 5:20 P.M., declaring the
recess ended.
VII. Site Plan Review
A. Mark Marsh of Digby Bridges, Marsh & Associates, Agent for
Mrs. Talbot Speer, 2817 N. Ocean Blvd., Gulf Stream, F1.-
Construction of a single family dwelling and accessory
structures on the south 100' at the address aforementioned.
Regular Meeting & Public Hearing
Town Commission - September 13, 1991 page 5
Mr. Marsh explained that in order to remove the least possible number
of Austrailian pine trees, the driveway is proposed at the north side
of the 100' parcel and will serve the Speer property as well. He stated
that application had been made to DOT for this permit and even tho it
has not been received, a verbal approval has been given. Mr. Marsh
provided a copy of the easement that was required for this driveway
sharing and stated that only 4 trees are being removed. He also stated
that existing vegetation will be moved to provide screening on the
south side of the property. Mr. Marsh displayed a color rendering
of the dwelling showing that even tho the garage door partially faces AlA,
with the wall and the angle, the door will not be visible. The color
of the dwelling will be a light beigh with a pastel mix color tile roof.
Chairman Orthwein of the ARBP advised that her board had recommended
approval as submitted. Commissioner Cross moved that the site plan be
approved as presented, seconded by Commissioner Wallace. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, and Mayor
Koch; AYE.
1. Land Clearing Permit
Mr. Marsh explained that a written request had been
submitted for Commission approval requesting a permit to relocate 10
existing seagrape trees and remove 2 existing holly trees to provide for
driveway improvements and to relocate 9 seagrape trees, remove 13
Austrailian pine, remove one holly and one melaleuca tree to clear
the building and pool area. Commissioner Cross moved and Commissioner
Wallace seconded that the permit be issued as requested. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE and Mayor Koch;
AYE.
2. Vegetation Disturbance Permit
Mr. Marsh called attention to his letter requesting a
permit to allow the removal of 4 Australian :pines to clear a driveway
entry from AlA and to increase the height of the existing wall to 7'
above grade.He advised that no other vegetation would be disturbed in
the Historic Corridor and new planting as proposed is indicated on the
landscape drawing, Sheet L -1, that is included with the site plan
submission. Commissioner Cross moved that the Vegetation Disturbance
Permit be issued as requested. Comm. Wallace seconded the motion. Roll
Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, and
Mayor Koch; AYE.
B. Carr Driveways, 612 Industrial Ave., Boynton Beach, F1.,
Agent for W. Grant Williams, 3145 Polo Drive, Gulf Stream,
F1.- Addition of a circular driveway and landscaping improvements
(Continued from the meeting of August 14, 1991).
There was no representative present. Mr. Harrington advised
that at the direction of the Commission at the August 14, 1991 meeting,
he had contacted the applicant and advised that there was not adequate
proof that by addition of the requested paving,that the first 1" of
rainfall would be able to be retained on site. He pointed out that
retention is the requirement, not percolation, and that new engineering
data had been submitted to prove this. He advised he had given this
data to an independent engineer with Mock, Roos for review and had
been assured by phone that the first 1" of rainfall would be retained
provided the improvements were according to plan and the slope of the
driveway was proper.
Regular Meeting & Public Hearing
Town Commission - September 13, 1991 page 6
Commissioner Wallace moved that the site plan be approved with the
width of the driveway paving not to exceed 18' in width. The motion
was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
C VIII. Reports
A. Town Manager
1. Water Usage
Mr. Harrington reported consumption for the Town is up
from last month but overall is slightly down from the same period the
previous year. He said that he had received a new census summary and
will be working toward a new per capita useage figure. Commissioner
Armour suggested that signs be posted in Town to remind residents to
conserve water. Mr. Harrington agreed that while the Town has done
a great deal toward water conservation, he intends to submit a
comprehensive plan to actively pursue water conservation with the plan
and results to be documented for future negotiation with the Dept. of
Community Affairs.
2. Fire Hydrant Maintenance
Town Manager Harrington stated he had been reviewing this
and had a meeting set with the Town Manager in Ocean Ridge the following
week. He further stated he had spoken with Mr. Harvel regarding a price
for his company to provide this. He expected to have a report and
recommendation for the October meeting.
3. Trimming of Australian Pines on AlA.
Mr. Harrington advised that he had observed some Pines
that had been topped as reported by Comm. Armour. He had taken the
opportunity to contact DOT with regard to a landscape permit having been
obtained from them. While the information was not directly related to
the trimming, he found out that if the Town was interested in controlling
landscaping along AlA, an interlocal agreement could be entered into
between the Town and DOT, giving the Town the responsibility of permitting
activity in the right -of -way. The Town would then require each adjacent
property owner to obtain a permit for anything in the right -of -way
and assume the liability for what was there. Mayor Koch stated he would
be opposed to the Town assuming any liability for the DOT right -of -way.
4. Carson & Linn recommendation RE: Police - General Orders
Town Manager Harrington called attention to the letter,
a copy of which was with the agenda packets, wherein the Attorneys
confirmed that they had reviewed the General Orders prepared by Chief
Schultz, had suggested amendments which were subsequently made, and that
it is not necessary for the Commission to adopt them officially since
the operation of the Department is the responsiblity of the Chief who
is under the supervision of the Town Manager. The Commission directed
that it be a matter of record that they had received copies and that
they be filed.
5. Inventory of Town Property.
The Town Manager advised that the inventory of Town
Property would commence the following week as the labels had now
been received.
Regular Meeting & Public Hearing
Town Commission - September 13, 1991 page 7
6. Street Paving Maintenance Program
Mr. Harrington reported that Mr. Flannery had spoken
to Hardrives, asking, if there was any type of maintenance available
to preserve the pavement and was advised that periodic inspections
should be conducted to determine if any deterioation is starting.
He suggested that a reserve fund be started in fiscal year 1992 -1993.
The Commission directed that Mr. Harrington pursue this.
B. Town Attorney
1. Proposed Ordinance #91/23; Amending Zoning Ordinance to
provide for a floor area ratio, amend setback regulations
and lot coverage, permit garage doors to face the street
in certain conditions, and amend requirements for site
plan reviews.
Mr. Harrington suggested that the definition for Floor Area Ratio be
amended to match the definition used for lot coverage. The Commission
was agreeable.
2. Proposed Ordinance #91/24; To regulate the size and
placement of docks along with ancillary structures.
The Town Manager advised that he had suggested the content and that
Mr. Randolph had converted it to ordinance "form. Mr. Harrington said
that in reviewing the Ordinance, there are a few small changes he may
want to recommend after the ARPB has had their review. The Commission
was agreeable to considering the matter at first reading of the Ordinance.
3. Final Action on Comprehensive Plan Amendment RE:
Water Consumption.
Attorney Randolph reported that the Governor and his Cabinet had now
given final approval to the settlement between the Town and D.C.A
with regard to the amendment to the Comprehensive Plan in the section
on potable water, and the Administration Commission has entered a final
order. The Town of Gulf Stream's Comprehensive Plan, as amended, is
declared in compliance with Chapter 163, F.S., he advised.
C. Architectural Review and Planning Board
1. Report from Meeting of August 21, 1991.
a. Review of Proposed Ordinance #91/16; Amending
Ord. 83 -1 by establishing an overlay district known
as the North Ocean Blvd. District within the RS, RM
and OR Zoning Districts.
Chairman Orthwein reported that the ARPB had recommended adoption of
Ordinance #91/16. Scott Tiernan, speaking from the audiance, did not
agree with limiting the real estate signs placed within the corridor to
40 sq. inches. He believed this was too small and would cause a traffic
hazard with vehicles stopping in the highway to read the small print
' or pulling onto the shoulder and walking back to read them. He felt
the signs should either remain as they are or have no signs at all. He
also voiced the opinion that if any change is to be made, it should
apply thru the entire town, not just in the corridor. Mayor Koch was
in agreement that there should be either signs as are now permitted or
no signs and he did not believe it would be legal to prohibit signs.
Attorney Randolph advised against prohibiting signs. The Commission tcok
no action, indicating this would be reviewed further at first reading.
Regular Meeting & Public Hearing
Town Commission - September 13, 1991 page 8
b. Review of Proposed Ordinance #91/21; Providing that
it shall be unlawful to remove trees, move soil or
conduct land clearing activities without first having
obtained a Land Development Permit from the Town.
Chairman Orthwein reported that the ARPB recommended adoption of Ord.
#91/21. The document was ordered to first reading.
c. Review of Proposed Ordinance #91/22; Amending
Ordinance 83 -1 to provide for a maximum height for
the first floor finished floor elevation in all
zoning districts.
Chairman Orthwein reported that there had been considerable discussion
regarding the establishment of the maximum finished floor elevation
with regard to construction on the ocean front. In reviewing current
construction, it was determined that the proposed maximum elevation
would not permit adequate views of the ocean which is what is expected
when purchasing property on the beach,she said. She further reported
that the ARPB recommended that all other provisions be adopted but that
the staff review the document with the thought of establishing different
regulations for maximum floor elevations along the ocean front than for
the remainder of the Town.
Town Manager Harrington advised the staff had given thought to this and
would recommend that the maximum first floor elevation be established
at a given number of feet above the crest of the dune rather than above
the crown of the abutting roads. He said he wanted to study the matter
in more depth before recommending how many feet above the dune would be
reasonable. The Commission directed that the Ordinance be amended along
these guidelines prior to first reading.
D. Financial Director
1. Financial Report for August, 1991.
William Gwynn, Finance Director, presented his financial
report commenting that he was now comfortble with increasing his
estimate of surplus funds for the fiscal year ending September 30,
1991 by ten thousand. He stated that he had estimated there would be a
$20,000 surplus several months previously but now that the eleventh
month of the year had ended, he was comfortable with the $30,000
estimated surplus and had in fact adjusted the proposed budget accordingly.
Commissioner Armour moved that the financial report for August, 1991
be approved as presented, seconded by Commissioner Wallace. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, and Mayor Koch;
AYE.
�) E. Police
Chief Robert Schultz reported on the police activity for
the month of August, 1991 which revealed no unusual incidents. In
addition, he advised that he had dismissed a probationary officer for
unsatisfactory performance during the probationary period. He further
advised that -he does have several, what appear to be, good prospects
for completing the complement.
F. Construction in Progress
The Construction in Progress Report revealed there to be
$7,474,286.00 worth of construction in progress in August, 1991.
IX. Items for Commission Action
A. Items by Commissioners
Regular Meeting & Public Hearing
Town Commission - September 13, 1991 page 9
1. Mayor Koch
a. Report on Town Manager§ negotiated benefit package
Mayor Koch reported that he had negotiated the
benefits as had been proposed in the special meeting of August 14,
1991; those being a starting salary for Mr. Harrington of $44,000
per year with an increase after 6 months to $48,000. In addition,
C) $3,000 would be provided for educational courses /conferences with
the fringe benefits currently in place for department heads. Mayor
Koch also reported that he had discussed the fringe benefit packages
currently in place and Mr. Harrington had advised that he planned
to review them during the coming year. Commissioner Armour asked that
the Town Manager also review the account in the budget for vehicle
allowances.
b. Purchase of a word processor /computer.
Mayor Koch advised thatMr. Harrington had requested
the purchase,for his use,and that he felt this was a reasonable request.
Mayor Koch suggested that one be purchased from the current budget.
Commissioner Wallace moved that the Town Manager be authorized to
purchase a computer and necessary accessories at a cost not to exceed
$2,500.00 from the current budget contingency account. The motion
was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
C. Proposed communication to other municipalities
regarding equality of Real Property Appraisals.
Mayor Koch called attention to the letter that he
proposed to be mailed to other municipalities asking them to join
together to fund an investigation regarding equality of appraisals.
However, he advised that he has arranged a meeting with persons having
a similar interest who have some background material regarding this
matter. He felt it best to delay further action until he brings back
to the Commission a report of the results of his meeting. He went
on to add that there are some movements to approach the problem of
the increased assessments on the State level. He assured the public
that the Town would do all it could achieve equality in assessments.
X. Public
There was no comment from the Public.
XI. Adjournment
Commissioner Armour moved to adjourn, seconded by Commissioner
Wallace and all voted AYE. Mayor Koch adjourned the meeting at 6:30
P.M.
Rita L. Taylor, own Clerk
September 6, 1991
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
PUBLIC HEARING TO BE HELD BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA ON FRIDAY, SEPTEMBER 13, 1991 AT 5:01 P.M.
IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
nr_Fmmn
I. Call to Order
II. Roll Call
III. Presentation of the Proposed Budget and Proposed Millage
Rate for Fiscal Year 1991 -1992.
A. Discussion from Commission and Public
IV. Adoption of Tentative Millage Rate for Fiscal Year 1991 -1992
V. Adoption of Tentative Budget for Fiscal Year 1991 -1992
VI. Public Hearing Date for Final Adoption of Budget and Millage
Rate.
VII. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBLIC
HEARING, 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 HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
FLORIDA IN THE TOWN HALL ON FRIDAY, SEPTEMBER 13, 1991 AT 5:01 P.M.,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order Mayor Koch called the hearing to order at 5:01 P.M.
II. Roll Call
Present: William F. Koch, Jr. Mayor
C, Alan I. Armour Vice Mayor
James E. Cross Commissioner
Kathleen S. Wallace Commissioner
Absent: Lawrence E. Stahl Commissioner
(with notice)
Also Present: E. Scott Harrington Town Manager
John Randolph Town Attorney
Rita Taylor Town Clerk
William Gwynn Finance Director
Robert Schultz Police Chief
III. Presentation of the Proposed Budget and Proposed Millaae
Rate for Fiscal Year 1991 -1992
A. Discussion from the Commission and the Public
Mayor Koch asked Finance Director Gwynn to present the
proposed budget. Mr. Gwynn pointed out that the budget as proposed
on July 23, 1991 reflected a millage rate for operating purposes
at 3.5081 mills per $1,000 of appraised value with the debt service
at .8141 for a total of 4.3222 mills. The total amount of expenditures
was proposed at $1,193,900 with revenue shown in the same amount to
present a balanced budget.
Mr. Gwynn went on to advise that several things have happened since
that time that has enabled him to reduce the expenditures for the
operating fund to $1,149 ,9OOand to reduce the millage for the operating
fund to 3.3059 mills per $1,000 of appraised value. Mr. Gwynn pointed
out that the rolled back rate was certified at 3.3109 mills, thus
the Town of Gulf Stream is now at .0050% below roll back. He explained
that with Mr. Flannery leaving and Mr. Harrington assuming both the
responsibilities of Town Manager and Code Enforcement Officer /Planner,
there had been a savings of $32,000. In addition, The Town's
Insurance carrier had advised that the estimated premiums for 1991-
1992 had been reduced by $12,000 for a total reduction of $44,000, he
said. Mr. Gwynn further explained that after reviewing the records
at the end of the 11th month of the year, he felt secure in estimating
a surplus from the current year of $30,000 as opposed to the $20,000
estimated three months. previously. In view of these changes, he had
been able to reduce the overall budget and the proposed millage.
The Commission went on record as expressing their concern about the
gigantic increases in property appraisals made by the Palm Beach
County Property Appraiser. Mayor Koch advised that he has a meeting
scheduled with representatives from Palm Beach next week at which
several courses of action will be explored.
The Commission commended Mr. Gwynn and the Staff on the budget that
is being presented and Mayor Koch asked if there was anyone from the
public who cared to speak. There was no public comment or discussion.
Public Hearing -Town Commission
September 13, 1991
page 2
IV. Adoption of the Tentative Millage Rate for Fiscal Year 1991 -1992
Commissioner Armour moved that the Tentative Millage Rate for the
operating fund be adopted at 3.3059 mills per $1,000 of appraised value
and that the Tentative Millage Rate for the debt service be adopted at
.8141 mills per $1,000 of appraised value. The motion was seconded by
Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, and Mayor Koch; AYE.
V. Adoption of Tentative Budget for Fiscal Year 1991 -1992
Commissioner Wallace moved that the Tentative Budget be adopted
for the operating fund in the amount of $1,149,900 and for the Water
fund in the amount of $254,000. The motion was seconded by Commissioner
Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour;
AYE, and Mayor Koch; AYE.
VI. Public Hearing Date for Final Adoption of Millage Rate and Bud
Mayor Koch announced that the Public Hearing for the adoption
of a final millage rate and final budget for fiscal year 1991 -1992
would be held in the Town Hall, 100 Sea Road, Gulf Stream, Florida on
September 24, 1991 at 5:01 P.M.
VII. Adjournment
Commissioner Armour moved for adjournment, seconded by Commis-
sioner Wallace and all voted AYE. Mayor Koch adjourned the Public
Hearing at 5:20 P.M.
/-
Rita L. Taylor, Pown Clerk
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NOTICE OF ZONING CHANGE
THE TOWN OF GULF STREAM, FLORIDA, proposes to modify zoning
regulations within the areas shown on the map by the adoption of
zoning ordinances amending the regulations contained within certain
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 91/16,
91/21, 91/22, 91/23, 91/24, 91/25 designated as follows:
ORDINANCE NO. 91/16
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 83 -1, THE
OFFICIAL ZONING ORDINANCE OF THE TOWN, AS
AMENDED, BY ESTABLISHING AN OVERLAY DISTRICT
KNOWN AS THE NORTH OCEAN BOULEVARD DISTRICT
WITHIN THE "RS", "RM" AND "OR" ZONING
DISTRICTS OF THE TOWN; PROVIDING FOR
REGULATIONS WITHIN SAID DISTRICT; PROVIDING A
PROCEDURE FOR APPLICATION FOR PERMITS;
PROVIDING FOR CERTAIN PROHIBITIONS; PROVIDING
FOR COMPLIANCE WITH THE TOWN'S COMPREHENSIVE
PLAN; PROVIDING FOR PENALTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 91/21
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, PROVIDING THAT IT SHALL BE UNLAWFUL
FOR ANY PERSON TO REMOVE TREES, MOVE SOIL OR
CONDUCT LAND CLEARING ACTIVITIES WITHOUT FIRST
HAVING OBTAINED A LAND DEVELOPMENT PERMIT FROM
THE TOWN COMMISSION; PROVIDING FOR REVIEW
PROCEDURES; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR APPLICATION REQUIREMENTS AND
FEE; PROVIDING FOR COMPLIANCE WITH THE TOWN'S
COMPREHENSIVE PLAN; PROVIDING FOR PENALTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 91/22
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 83 -1 OF THE
TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL
ZONING ORDINANCE OF THE TOWN, SO AS TO PROVIDE
THAT WITHIN ALL ZONING DISTRICTS OF THE TOWN
THERE SHALL BE A MAXIMUM HEIGHT FOR THE FIRST
FLOOR FINISHED FLOOR ELEVATION; PROVIDING FOR
SPECIFIC HEIGHTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
1
ORDINANCE NO. 91/23
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 83 -1 OF THE
TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL
ZONING ORDINANCE OF THE TOWN; AMENDING SECTION
IV, DEFINITIONS, TO PROVIDE A DEFINITION OF
FLOOR AREA RATIO; PROVIDING AMENDMENTS TO
SECTION VII RELATING TO THE RS RESIDENTIAL
SINGLE FAMILY ZONING DISTRICT; AMENDING THE
BUILDING OR STRUCTURAL HEIGHT LIMIT; AMENDING
THE SETBACK REQUIREMENTS FOR FRONT YARDS;
AMENDING THE SETBACK REQUIREMENTS FOR SIDE
YARDS; AMENDING THE SETBACK REQUIREMENTS FOR
REAR YARDS; AMENDING THE PROVISIONS RELATING
TO MAXIMUM LOT COVERAGE; PROVIDING FOR A
MAXIMUM FLOOR AREA RATIO; AMENDING SECTION X
AT ITEM F SO AS TO PROVIDE ON LOTS OF LESS
THAN 20,000 SQUARE FEET A GARAGE MAY FACE THE
PUBLIC STREET; AMENDING SECTION X AT ITEM M
RELATING TO SITE PLAN REVIEW; PROVIDING FOR
COMPLIANCE WITH THE TOWN'S COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 91/24
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 83 -1 OF THE
TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL
ZONING ORDINANCE OF THE TOWN; AMENDING SECTION
IV, DEFINITIONS, TO PROVIDE DEFINITIONS OF
DOCK AND DOLPHIN; PROVIDING AMENDMENTS TO
SECTION IV RELATING TO RESIDENTIAL SINGLE
FAMILY DISTRICT; AMENDING ACCESSORY USES;
AMENDING SECTION X AT ITEM I RELATING TO
RESIDENTIAL OUTDOOR FACILITY REGULATIONS TO
INCLUDE DOCKS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE
ORDINANCE NO. 91/25
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 THE TOWN PLANNING BOARD, AS
AMENDED BY ORDINANCE NO. 91/12 OF THE TOWN;,
PROVIDING FOR A LIMITATION OF TWO CONSECUTIVE
TERMS FOR PERSONS APPOINTED TO THE
ARCHITECTURAL REVIEW AND PLANNING BOARD;
PROVIDING THAT REQUESTS FOR DEMOLITION BE
REVIEWED BY THE ARCHITECTURAL REVIEW AND
PLANNING BOARD; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION;
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.
2
NOTICE IS HEREBY GIVEN THAT THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, WILL HOLD PUBLIC HEARINGS ON THE ABOVE
REFERENCED MATTERS AND SAID PROPOSED ORDINANCES ON THE 7TH DAY OF
OCTOBER, 1991, AND ON THE 21ST DAY OF OCTOBER, 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 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
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. Taylor, Town Clerk
Dated: September 30, 1991
Publish: The Palm Beach Post
JCR \13147- 01 \ZONING.NOT
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