HomeMy Public PortalAbout10/07/1991October 2, 1991
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
REGULAR MEETING TO BE HELD BY THE TOWN COMMISSION ON MONDAY, OCTOBER 7,
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. Regular Meeting & Public Hearing of September 13, 1991.
B. Public Hearing of September 13, 1991.
C. Public Hearing of September 24, 1991.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements
A. Proclamation declaring October, 1991 as "Breast Cancer
Awareness Month ".
B. Public Hearing Dates for Amendments to Zoning Code.
1. October 7, 1991 at 5:01 P.M.
2. October 21, 1991 at 5:01 P.M.
VI. Public Requests
A. Reconsideration of Conditions of Variance Approvals for Mrs.
Talbot Speer RE: Property Located at 2817 N. Ocean Blvd. -
Request made by Attorney Roger Saberson.
VII. Reports
A. Town Manager
1. Water Usage
2. Fire Hydrant Maintenance
3. Inventory of Town Property
B. Town Attorney
C. Financial Director
1. Financial Report for September 1991
(07-11 D. Architectural Review & Planning Board
E. Police Department
F. Construction in Progress
VIII. Items for Commission Action
A. Appointments
1. Alternate Voting Representative to the Palm Beach County
Municipal League.
2. Voting Representative to the Palm Beach County Beaches
and Shores Council.
B. Items by Commissioners
IX. Correspondence
A. Resolution #R91 -144 Supporting Hollywood in its opposition to
Emergency Order #15 of Federal Railroad Administration- Boynton Bc
B. Copy of a letter to Property Appraiser expressing disappointment
in communication to municipalities -City of Boca Raton.
C. Letter requesting the Town contact Legislators encouraging fund-
ing for beach management. -Fla. Shore &Beach Preservation Assn.
X. Public
XI. - Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS-
SION 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 TESTOMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
286.0105, F.S.S.
G
REGULAR MEETING HELD BY THE GULF STREAM TOWN COMMISSION ON MONDAY, OCTOBER
7, 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
Present:
Also Present:
III. Minutes
Mayor Koch called the meeting to order at 4 P.M.
William F. Koch, Jr
Alan I. Armour
James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Joan Orthwein
Roger Saberson
Robert Chapin
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
ARPB Chairman
Attny. for Speer's
Attny. for Vander Wolk
A. Regular Meeting & Public Hearing of September 13, 1991
Commissioner Armour moved to approve the minutes with the
exception of the motion made by Commissioner Cross, seconded by Commis-
sioner Wallace, which provided that a Unity of Title be executed for the
two parcels comprising the northerly 200' of the Speer property, which
is found on page 3 of the minutes; this motion to be discussed under
Item VI., Public Requests, later in this meeting. Commissioner Wallace
seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
B. Public Hearing of September 13, 1991
Commissioner Wallace moved approval of the minutes, seconded
by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
C. Public Hearing of September 24, 1991.
Commissioner Armour moved that the minutes be approved,
seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Clerk asked that Item VII.A.4. be added to the Town Manag
Report which is an update on the Special Legislative Act to designate AlA
an historic, scenic highway. There were no objections.
V. Announcements
A. Proclamation declaring October, 1991 as "Breast Cancer Awareness
Month"
The Town Clerk presented the proclamation and Mayor Koch
executed the document.
B. Public Hearing Dates for Amendments to the Zoning Code.
1. The Town Clerk announced that the ordinances covering the
amendments would be considered for 1st reading at a public hearing at
5:01 P.M. this date.
2. The 2nd reading of the ordinances would be held at a public
hearing on October 21, 1991 at 5:01 P.M. the Town Clerk stated.
's
Regular Meeting -Town Commission
October 7, 1991 page 2
VI. Public Requests
Clarification of Conditions of Variance Approvals for Mrs. Talbot
Speer RE: Property Located at 2817 N. Ocean Blvd.- Request made by
Attorney Roger Saberson.
Attorney Saberson reviewed the details of previous hearings and
meetings related to applications for variances and site plan reviews
Cin connection with a 300' parcel of land currently occupied by a single
family dwelling and several accessory structures on which it is proposed to
erect an additional single family dwelling and accessory structures.
Attorney Saberson then enumerated a long list of documents and asked that
the Commission stipulate that the documents are the official record for
the file bearing number 91 -13. The Commission advised Mr. Saberson that
they were not in a position to do that unless they have time to review each
document in the file, in which case any further action on the matter would
be delayed to a future meeting. The Commission then advised Mr. Saberson
that they were receptive to hearing his request today if he was agreeable
to presenting it without the Commission deciding on what constituted the
official record.
Mr. Saberson then stated for the record that he was submitting certified
copies of the original three warrenty deeds covering the parcel for the Town
file. Commissioner Armour stated that to clarify the conditions of the
variance approvals that were granted in in December, 1990 and again in
September, 1991, both actions intended to tie the northwest corner of the
north 200' of property into the north 200' which is what the minutes had
stated. Attorney Saberson insisted that since there had been three separately
described parcels dating back as far as 1948 that they should be delt with
individually.
Attorney Randolph stated that there was no intent to do anything other than
unify the small parcel at the northwest corner with the north 200' so that
northwest parcel could not be sold separately from the remainder of the
200'. He reminded that the 200', with the exception of the northwest
corner, is in one deed and the Town is doing nothing with that. He also
pointed out that there is now a principal dwelling that is built across the
2001. If this principal structure were to be removed, the remainder of the
buildings could not stand alone as they are accessory structures to the
principal structure. He stated that in listening to the comments from the
Commission, he believes they are only interested in making certain the
northwest corner does not get sold separately and that any plans for re-
development of the 200' in the future would follow the provisions of the
Code that is in place at that time. He felt a document could be prepared
Cto reflect this intent and asked Attorney Saberson if he felt the two of
them could work together to accomplish this.
Mr. Saberson responded that his past dealings with Mr. Randolph have been
positive but he would have to confer with his client, Mrs. Speer to see if
this would be acceptable. Commissioner Stahl observed that really the only
thing they were interested in at this time was tying the northwest corner
into the remaining north 200' and at the same time making certain that, in
the future, the owner would not be precluded from making application to
divide the property under the provisions of the Code at that time. Attorney
Randolph explained that in a Unity of Title action, properties are united
in perpetuity with the owner in the future having the opportunity to come
back before the Commission and ask to have the unity dissolved. He went
Regular Meeting -Town Commission
October 7, 1991 page 3
on to say that it now appears that the Commission did not intend to unite
the property in perpetuity so that the 200' could not be split and that was
the purpose of this reconsideration.
Attorney Chapin, representing the buyer of the south 100', the Vander Wolks,
was recognized. He advised that the sale was being held up due to the
Cquestion of the unity of title and that he liked Attorney Randolph's
suggestion that the attorneys work together on a document that would allow
future generations to worry about development if the existing structures
come down. He felt the Commission was acting properly in protecting the
out - parcel and that his client is agreeable with what they are doing, adding
that it makes a lot of sense.
Attorney Saberson then stated that there are some things he must do at
this time as part of the proceedings even tho it may take a little time.
He stated that what his client is doing, in their opinion, is not subdividing.
He repeated that there are three separate parcels and three separate
descriptions and his client does not agree with the conclusion that what
is being required by the Commission is simply unifying something that defacto
is there unified today. He reiterated the position he had taken earlier
that the documents he had recited are, in his opinion, part of the record
and called attention to the package that he submitted to the Town Clerk
which contained the items he had recited.
Attorney Randolph asked Attorney Saberson if what has been suggested,
provided the language can be worked out, is acceptable to him. He replied
that it will have to be decided by Mrs. Speer. Attorney Randolph then asked
if the Commission had clarified what was intended to which Mr. Saberson
replied that it had been clarified provided it is clarified by a motion
and favorable vote. Commissioner Stahl moved that Attorney Randolph be
directed, in conjunction with Attorney Saberson, to draft a Unity of Title
on the basis of the discussion and the basis of the remarks by Attorney
Randolph, adding that the intent of the previous actions has been clarified.
The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE and Mayor
Koch; AYE.
VII. Reports
A. Town Manager
1. Water Usage
Mr.Harrington said that water consumption has decreased
by 3.1% in per day use as compared to last year. He advised that he had
compared the population and unit count that was shown in the census with
the count that had been taken about the same time by Gulf Stream Police
Department and with a listing received from the Solid Waste Authority
showing who was being billed for disposal fees this year. He stated the
numbers were all very close and he felt that he now had accurate data to
use in arriving at a new consumption figure. Mr. Harrington advised that
he would keep the Commission advised of his progress on this and a future
comprehensive plan for reducing consumption.
2. Fire Hydrant Maintenance
Town Manager Harrington reported that he had spoken with the
Town Manager in Ocean Ridge regarding the fire department handling this and
was advised that they don't even do it in Ocean Ridge, that the City of
Boynton performs this task since they supply the water. Mr. Harrington
then advised that he had received a prvVe from Mr. Harvel of $900.00 to
Regular Meeting -Town Commission
October 7, 1991 page 4
to flush and inspect all hydrants in Town. He added that if repairs were
needed, there would be an extra charge for that. The Commission felt this
was essential and directed that Mr. Harrington engage Mr. Harvel to do this
work with payment to be taken from the water fund.
3. Inventory of Town Property
Town Manager Harrington reported that all of the inventory
of Town Property was complete with the exception of the Maintenance Department
which should be finished within the week.
4. Special Legislation declaring AlA an historic highway.
Mr. Harrington advised that he had been assured that the
Special Legislative Act to declare AlA an historic and scenic highway which
was sent to Representative Foley at the end of the last legislative session
had been filed for action this year and had been given House Bill #199.
The Commission directed that the Town Manager attend one of the Legislative
Delegation Meetings this month to enlist the support of the Delegation in
getting the Special Act passed.
B. Town Attorney
There was no report from the Town Attorney.
C. Financial Director
1. Financial Report for September 1991.
Mr. Wm. Gwynn, advised that his report only shows the
revenues and expenditures in that it is the end of the fiscal year and there
has not been time to make the adjusting entgses, etc. that are necessary
each year. He pointed out that more was collected in electric franchise
fees than had been anticipated and the cash flow appeared to be adequate
until the new tax money is received. Commissioner Armour moved and
Commissioner Wallace seconded that the report be approved as presented.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE,;•Comm.
Stahl; AYE and Mayor Koch; AYE.
D. Architectural Review & Planning Board
There was no report.
E. Police Department
Chief Schultz present ?ghe monthly report covering September, 1991
and reported that he had hired three new officers,bringing the Department
now up to full strength. He indicated that he would supply the Commis-
sioners with an up to date list of the members of the Department.
F. Construction in Progress
The report revealed there to be $7,600,566.00 of construction
in progress during the month of September, 1991.
VIII. Items for Commission Action
C A. Appointments
1. Alternate Voting Representative to the Palm Beach County
Municipal League
Commissioner Stahl moved and Commissioner Armour seconded that the Town
Manager, Scott Harrington, be appointed as the Alternate Delegate to the
Palm Beach County Municipal League to serve in the absence of the duly
appointed representative, Mayor Koch. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
2. Voting Representative to the Palm Beach County Beaches
Shores Council
Commissioner Cross moved and Commissioner Armour seconded that the Town
Manager, E. Scott Harrington, be appointed as the Gulf Stream representative
on the Beaches and Shores Council. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
Regular Meeting -Town Commission
October 7, 1991
page 5
B. Items by Commissioners
Commissioner Wallace asked if action had been taken to get
the address sign that had been erected by the contractor at the Lepkanich
site replaced with a more appropriate sign. Mr. Harrington advised that
he had spoken to the contractor and had been assured that as soon as the
wall, that is under construction, is completed, a new sign will be erected.
C� Commissioner Armour reminded that quite some time ago there had been some
discussion with regard to annexing the FIND property adjacent (northlto Place
Au Soleil and questioned if there had been any progress with that. Mr.
Harrington advised he was not aware of any such action. Mayor Koch advised
that the Town does have a lease on that property which gives control of
any development thereon. Commissioner Armour expressed concern that when
the lease runs out, it may not be possible to get another and he felt that if
it was possible to annex, the Town could zone it properly for protection.
Mr. Harrington was directed by the Commission to investigate the procedure
for annexation and to explore it with FIND. Commissioner Armour then
commended the Civic Association for the letter they had circulated regarding
the recent property appraisals.
IX. Correspondence
A. Resolution #R91 -144 Supporting Hollywood in its opposition to
Emergency Order #15 of Federal Railroad Administration- Boynton Bch.
B. Copy of a letter to Property Appraiser expressing disappointment
in communication to municipalities -City of Boca Raton.
C. Letter requesting the Town contact Legislators encouraging fund-
ing for beach management. -Fla. Shore & Beach Preservation Assoc.
The Town Clerk presented the correspondence and was directed to make it
a part of the official record.
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 4:55 P.M.
124 1,
C0 Rita L. Taylor
1 Town Clerk
October 2, 1991
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
C �I
PUBLIC HEARING TO BE HELD BY THE TOWN COMMISSION ON MONDAY, OCTOBER 7,
1991 AT 5:01 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. Proposed Ordinances to amend zoning regulations. First Reading.
A. Ordinance 91/16; Establishing an overlay district known
as the North Ocean Blvd. District within the RS, RM, and
OR Zoning Districts.
B. 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 Commission.
C. Ordinance 91/22; Providing for a maximum height for the
first floor finished floor elevation and for specific heights.
D. Ordinance 91/23; Providing for a maximum floor area ratio;
amending building height limit and setback requirements for
front, side and rear yards; amending provisions relating to
maximum lot coverage; providing for garage doors to face the
street on lots of less than 20,000 sq. ft.; amending site
plan review requirements.
E. Ordinance 91/24; Regulating the size and placement of docks
along with ancillary struv+- - ^^
F. Ordinance 91/25; Amens'
' Architectural Review
a review of demolit'
IV. Date of the Public H,
Ordinances 91/16,
cr A Ar,, .,me.,+
PUBLIC HEARING HELD BY THE TOWN COMMISSION ON MONDAY, OCTOBER 7, 1991 AT
5:01 p.m. IN THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order Mayor Koch called the meeting to order at 5:01 P.M.
Ii. Roll Call
Present: William F. Koch, Jr. Mayor
Alan I. Armour Vice Mayor
James E. Cross Commissioner
Lawrence E. Stahl Commissioner
Kathleen S. Wallace Commissioner
Also Present: E. Scott Harrington Town Manager
John Randolph Town Attorney
Rita Taylor Town Clerk
Joan Orthwein Chairman ARPB
Mary Wendel Town Resident
III. Proposed Ordinances to amend zoning regulations. First Reading.
Mayor Koch announced that the Public Hearing has been properly
advertised and the Town Clerk has proof of publication.
A. Ordinance 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 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 CODIFICATI01
PROVIDING AN EFFECTIVE DATE.
Commissioner Stahl and Commissioner Armour expressed concern regarding the
the size limitations for real estate signs within the Overlay District.
They both felt that 40 sq. inches was so small that traffic hazards would
result with persons having to stop in the highway to read the signs.
Mayor Koch declared a conflict in this matter inasmuch as he is in the
real estate business. He passed the gavel to Vice Mayor Armour.
Commissioner Stahl moved that Ordinance 91/16 be amended to reflect that
real estate signs in the corridor be regulated by the same provisions
contained in the existing sign code. The motion was
seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross;
AYE, Comm. Stahl; AYE and Vice Mayor Armour; AYE. Commissioner Stahl then
moved to adopt Ordinance 91/16 as amended on first reading, seconded by
Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Stahl; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour returned the
gavel to Mayor Koch.
B. Ordinance 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;
Public Hearing -Town Commission
October 7, 1991 page 2
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.
Commissioner Stahl pointed out that the ARPB had recommended that the words
"native non - nuisance" be deleted from the definition of at tree in Section
1. and expressed his agreement with this.
Town Manager Harrington believed that the title of "Land Development Permit"
should be changed to "Land Clearing Permit" and that the fee of $150.00
should be reduced to possibly $25.00 since most of the permits will be
reviewed in the Site Plan Review procedures. Mary Wendel questioned if the
Town Manager monitored this in progress and if the fee was for this duty.
She was advised he does monitor the work and the fee is for the review.
Commissioner Stahl moved to amend Ordinance 91/21 by removing the words
"native non - nuisance" from Section 1, by changing "Land Development Permit"
to read "Land Clearing Permit" throughout the Ordinance and by reducing
the fee to $25.00. The motion was seconded by Commissioner Armour. Roll
Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl;
AYE, and Mayor Koch; AYE.
Commission Stahl moved and Commissioner Cross seconded that Ordinance
91/21 be adopted as amended on first reading. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor
Koch; AYE.
C. Ordinance 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 SEVERA.BILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
Commissioner Stahl moved and Commissioner Armour seconded that ORdinance
91/22 be adopted as presented on first reading. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor
Koch; AYE.
D. Ordinance 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 RESIDENT-
IAL 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;
Public Hearing -Town Commission
October 7, 1991 page 3
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.
Commissioner Stahl believed that in Section 1. Paragraph A, the changes
proposed to Paragraph "G." of the existing code should be clarified. He
suggested that the phrases "or two and one -half (2 -1�) stories" should read
"and shall not exceed two and one -half (2 -') stories`: He asked that it
be stated in the minutes that the ocean front properties are only granted
a greater height of 2h' over non -ocean front and then only if there is a
chimney involved.
Town Manager Harrington advised that he had discussed with the ARPB making
a change on page 4 in Section 3. Paragraph B. under item e. of the Site
Plan Review. He called attention to the fact that a change in the color
of a house would require site plan review as it is now written. He stated
that his original intent had been to have the color reviewed only on those
changes for which a building permit would be required. Since a building
permit is not required to repaint a dwelling, it would not require site
plan review. He said the ARPB agreed with this change. He further suggested
that all references to the Coastal Construction Control Line be worded
"Coastal Construction Control Line in effect in 1979" rather than "established
in 1979 ".
Commissioner Stahl moved to amend Ordinance 91/23 by changing "or two and
one -half (2 -'h) stories "in Paragraphs 1 and 2 under "G" to read "and shall
not exceed two and one -half (2 -h) stories "; by changing the references to
the Coastal Construction Control Line from "established in 1979" to "in
effect in 1979 "; and by changing paragraph e. under Site Plan Review on
page 4 to read "Changes in exterior wall, roofing, window or door materials
or combination thereof which require a building permit and which are
significantly different in color, texture or appearance --------- ". The
motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
Commissioner Stahl moved to adopt Ordinance 91/23 as amended on first read-
ing, seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
GE. Ordinance 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 ORDINANCE IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
Public Hearing -Town Commission
October 7, 1991 page 4
Town Manager Harrington explained that the ARPB had recommended that
dolphins be permitted to extend farther than 20' from the seawall, with
Mr. McGraw suggesting 401. In discussion with them, they recommended
that rather than stating an exact diminsion, the distance should be
established as a percentage of the total width of the waterway into which
the dolphins would extend. Mr. Harrington felt that this was to enable
boats to be docked with the stern against the dock rather than docking
parallel to the seawall as most do in Gulf Stream.
The Commissioners believed that dock boxes should not be restricted to
placement on the seawall.
Commissioner Stahl moved that Ordinance 91/24 be amended to provide that
dolphins shall not project more than 25 feet from the seawall into any
waterway; to provide that all boats will be parked parallel to the seawall;
and to change paragraph e.4. on page 2 to read "A maximum of one (1) dock
box shall be permitted which shall be no higher than thirty (30) inches and
no larger than twenty -four (24) cubic feet." The motion was seconded by
Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
Commissioner Armour moved that Ordinance 91/24 as amended be adopted on
first reading, seconded by Comm. Stahl. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
F. Ordinance 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.
Mr. Harrington, Town Manager, pointed out that in Section 2 which covers
amendments to the powers and duties of the Architectural Review and Planning
Board, it is stated that the Board reports to the Town Commission regarding
application for building permits along with many other applications. He
advised that building permits are a result of the other reviews in most
instances and to have them review every building permit as well would
greatly delay the process for everyone. Commissioner Stahl pointed out
that this had been delt with in another document which clearly outlined
the duties of the staff with regard to building permits and he felt it
should not be included for the ARPB. Commissioner Stahl then moved to
delete "building permits" from Section 2, subparagraph 2, line 4. The
motion was seconded by Commission Wallace. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
Commissioner uestioned if the Alternate Members of ARPB were limited
to two consecutive�Hmthis is written. and Attny. Randolph stated they were.
The Commissioners asked Attorney Randolph to review the section once more
to be sure as they felt it was really not clear.
Public Hearing -Town Commisison
October 7, 1991
page 5
Commissioner Wallace moved to adopt Ordinance 91/25 as amended on first
reading, seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
IV. Date of the Public Hearinq for second readinq and adoption
Mayor Koch announced the date of the Public Hearing for second
reading is scheduled and advertised for October 21, 1991 at 5:01 P.M.
V. Adjournment
Mayor Koch adjourned the Public Hearing at 6:10 P.M.
i� ��
Rita L. Taylor
Town Clerk
1
FORM
COUNTY,
%I
88 MEMORANDUM OF VOTING
MUNICIPAL, AND OTHER LOCAL
N 4NIL —Ii RST NASIE— %111)DLC NAME
Koch, William F., Jr.
545 Golfview Drive, Palm Beach
Gulf Stream, F1.
MI ON % \ III( 11 \OIL (XCURRLD
CONFLICT FOR
PUBLIC OFFICERS
OF BOARD. COUNCIL. COMMIS
Town Commission
I HL HUARD. CUUNCIL, C(IMMISSIUN, AU I IIUHI l T, UK CUMMI I ILL UN
WHICH I SERVE IS A t1NIT OF:
X CITY COUNTY I 1 (rrHER LO(Al. AGENCY
Town of Gulf Stream
WHO MUST FILE FORM 81111
E ELECfIVL APPOINT IV
I his lurnl is for use by ally person serving at the county, city, or other local level of government on an appointed or elected board,
s(wncil, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
II Ith a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law arc mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
)ow responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
'M II hether you hold an elective or appointive position. For this reason, please pay close attention t o t he instructions on this form
hetore completing the reverse side and filing the form. ,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
\ person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
\VITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has it conflict of interest, but must
( disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
11 1'OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN: ,
• 1bu should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• :\ copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
"It M ML
PAra I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
William F. Koch. Jr. hereby disclose that on, _ October 7, 1991
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain; or
inured to the special gain of
(h) The measure before my agency and the nature of my interest in the measure is as follows:
, by whom I am retained.
Ordinance 91/16 was being considered on 1st reading. One of the provisions
contained there regulated real estate signs. Inasatuch as I am the owner
of a real estate agency, I declared a conflict.
in -7-gi
Date Filed
i rl �z
Sign to
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION; REpUCT10N IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TQ EXCEED $5,000.
i nNy AFl 10 N6 PACIL 2
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.
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.
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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