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Home My Public Portal About10/21/1991 * Public HearingOctober 11, 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 ON MONDAY, OCTOBER 21, 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. Second 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 structures. F. Ordinance 91/25; Amending the terms and duties of the Architectural Review and Planning Board and providing for a review of demolition requests by the Board. IV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE 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. N aw 1•x-1 I�9I a a x ma C O UU U) 'b m = d 0� T Q o r^ U ,m 7 a, _E Q a w 3 Z F U m a rs. 0 O a x U Q w Q � Q cx a O Q a F z Q U F O o = _ E O =• 4= w •p ca Q~ 7 d i7•r O T V "' t C r-I m U a r-I y a0, b ai0i '°'• m r C4 E m = m y my a S a H a E ° w v a CL 0 CL U F c •E m •o m w 'o FI 3 = aki C' a •n w =w. o d o rL E aO ° ° > m v m ° n\ CL a N m C .�.+ 7 C o G v m d ro m •_ as rn _ m .G U U O) O m N y w c w 7 o A c0 o y 4 m m > •� •.[i 4 F o 0 o> .0 •o G 1 ['� W a w p• 0 F• U o w O O I N ;O c w T o .� ._ d p z N I U} m m m :p o G Oa +�•, O 0 0 0 Q b a+ G c ^ 0p 7. 4= T in p a 0 p N U w p = 7 0 d U .D CL ca o E v z c' 0 0 N 3 ttl W _ _ •� Q U N 0 � � � E W 4 'O U s v V L _.1 I N S� • ; r;� \� O m ,D 4 'O U s v V L PUBLIC HEARING HELD BY THE TOWN COMMISSION ON MONDAY, OCTOBER 21, 1991 AT 5:01 P.M. IN THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FL. 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 Absent: Kathleen S. Wallace Commissioner (with notice) Also Present: E. Scott Harrington Town Manager John Randolph Town Attorney Rita Taylor Town Clerk Roger Saberson Attorney for Speer's III. Proposed Ordinances to amend zoning regulations. Second Reading. Mayor Koch announced that the Public Hearing has been properly advertised and noticed,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 CODIFICATION; PROVIDING AN EFFECTIVE DATE. Mayor Koch declared a conflict in this matter inasmuch as he is in the real estate business and this ordinance deals with real estate signs within the corridor. He passed the gavel to Vice Mayor Armour. Commissioner Stahl moved and Commissioner Cross seconded that Ordinance 91/16 be adopted. There was no comment from the public. Roll Call: Comm. Cross; AYE, Comm. Stahl; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch. �j 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; 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 FOR AN EFFECTIVE DATE. Public Hearing -Town Commission October 21, 1991 page 2 Commissioner Stahl moved that Ordinance 91/21 be adopted. The motion was seconded by Commissioner Armour. There was no public comment. Roll Call: 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 SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Commissioner Armour moved that Ordinance 91/22 be adopted and the motion was seconded by Commissioner Cross. No public comment was offered. Roll Call: 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; 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. Attorney Randolph wanted it to be understood that it would not be necessary to have a site plan review with regard to the exterior color unless a building permit is required for other improvements since no building permit is required for just painting the exterior Commissioner Armour felt that the ARPB should be advised that while this ordinance will permit garage doors to face the streets on lots of less than 20,000 square feet, they should encourage applicants to not have them face the street where it is possible. Commissioner Armour then moved the adoption of Ordinance 91/23 which was seconded by Commissioner Cross. There was no comment from the public. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Public Hearing -Town Commission October 21, 1991 page 3 E. 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 ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Commissioner Cross moved that Ordinance 91/24 be adopted, seconded by Commissioner Armour. No public comment was offered. Roll Call: 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 CONSECTIVE 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. Commissioner Stahl moved that Ordinance 91/25 be adopted. The motion was seconded by Commissioner Armour. There was no public comment. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE Attorney Randolph advised that he had been working with Attorney Saberson on the Unity of Title for the Speer property as directed by the Commission. He explained that he needsguidance with regard to a provision that Attny. Saberson had requested to have inserted. The Speer's want a provision to state that even though the "gatehouse parcel" cannot be sold separately from the parcel with the principal structure, the gatehouse can continue to be rented. The Commission indicated that a provision to permit the gatehouse to be rented until such time as the primary structure has been demolished, with the gatehouse then becoming an accessory to the primary structure, would be acceptable as long as there is a sketch of the unified property with the various structures properly labeled that is a part of the Unity of Title document that is recorded. IV. Adjournment Commissioner Armour moved to adjourn, seconded by Commissioner Cross. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Mayor Koch adjourned the Public Hearing at 5:30 P.M. X2-6 i Rita L. Taylor/ Town Clerk r V K1Vl COUNTY, ♦ % %IL —I IRST NA\ 00 MCMVKAnUUM Vr VVIInV MUNICIPAL, AND OTHER LOCAL — MIDDLE NAME I NAME OI' BOARD, COUNI Koch, William F., Jr. I \I! M. \DDRLIS 8 I \II II\ 545 Golfview Drive, Palm Beach Gulf Stream, F1. October 21, 1991 ( OLIN I c.vnrl.lc.� rvrK PUBLIC OFFICERS Town Commission AU I MINI 1 Y. UN L UMMI I I tL. I nI; al/ARD. COUNCIL. LOMMIhMUN. Au I nuns I T. U¢ tuMM1I I cc Un WHICH 1 SERVE IS A 11NIl" OF: X C rIY C'OUN'TY ' ' 01IIL'R LDL At AGENCY Town of Gulf S MY V051 ION IS: WHO MUST FILE FORM 8B X LLECI'IVL API'OINI'IV@ I III, I,tint ie for use by any person serving at the county, city, or other local level of government on an appointed or elected board, olnlcil, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented \\ Ith a \oting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are 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. lOLH responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending ,UI �%hether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form hoore 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 10 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 \\hick you are abstaining from voting; and WITHIN 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. N person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must 1i,close 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. II 1'OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT W141CI I THE VOTE %VILL BE TAKEN: • You 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 Ole form in the minutes. • A 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 III X(i PAI P 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 1 William F. Koch Jr. , hereby disclose that ont nrtrnha 91 1991 —. 19 - - -_- 1 (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 (b) 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 considered for adoption and one of the provisions therein regulates real estate signs. Inasmuch as I am in the business of realk-state, I declared a conflict. October 21, 1991 Date Filed Sig ature iNOTICE: 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, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TQ EXCEED $5,000. PAUL I I('R %t'R In M6