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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 I 1 i' it if Ivy lu - T� I e: / I I `rN / • 0 / r l / I ltl � I ;'r 1 / I 1 I N �I I 1 �_}------ =,ri'1� - -� ---- --Ili ;�I v ti F, 1 t;l 1 1 / 1`- J _I r cl It _L. N Y t, e 4J U U 41 N N N N 1 M N N ❑ O H B W N Y N wao•Nioa4" O•N NN Na0 NNb1 bl it ..IWN C.1 G .i 11 .H •.i 7 7 •.t7bll❑ OL7 41 .�.' d •N Ip t7 NI U•~iO t, FO N N L 11 a W N C 3 9 mwO "U�M'[°a 1010 O •H N 'N 'N y II II 14 a o W V i uunnn a o I