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HomeMy Public PortalAbout01/13/1995NOTICE OF ZONING CHANGE THE TOWN OF GULF STREAM, FLORIDA, proposes to rezone the land and to modify zoning regulations within the areas shown in the map in this advertisement 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. 92 -2, as amended by Ordinance No. 92 -9. The proposed rezoning and the modification of zoning regulations consist of amendments summarized as follows: CERTAIN AMENDMENTS BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN NO. 92 -2, AS AMENDED BY ORDINANCE NO. 92 -09, CREATING FIVE (5) SEPARATE SINGLE FAMILY ZONING DISTRICTS; PROVIDING FOR THE ADOPTION OF A DESIGN MANUAL FOR DEVELOPMENT WITHIN THE DISTRICTS; PROVIDING FOR COMPLIANCE WITH THE TOWN'S COMPREHENSIVE PLAN; ESTABLISH- ING THE POWERS AND DUTIES OF THE TOWN COMMISSION, LOCAL PLANNING AGENCY, BOARD OF ADJUSTMENT, ARCHITECTURAL REVIEW AND PLANNING BOARD AND PLANNING AND BUILDING ADMINISTRATOR; SETTING FORTH APPLICATION PROCEDURES AND STANDARDS FOR THE APPROPRIATE REVIEW AUTHORITIES FOR LEVELS 1, 2, AND 3 ARCHITECTURAL /SITE PLAN REVIEW, VARIANCES, SPECIAL EXCEPTIONS AND APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. 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 AMENDMENTS ON THE 13TH DAY OF JANUARY, 1995, AT THE HOUR OF 5:01 P.M., AND ON THE 30th DAY OF JANUARY, 1995, IMMEDIATELY FOLLOWING THE MEETING OF THE LOCAL PLANNING AGENCY THAT IS TO BE HELD AT 5:01 P.M., IN THE COMMISSION CHAMBERS IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33463. The proposed amendments and supporting material noticed herein are on file in the Office of The Town Clerk located at 100 Sea Road, Gulf Stream, Florida and may be inspected during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. '1 All persons intersted in or affected by said matters may appear before the Town Commission at the times 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, 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 based. PLEASE GOVERN YOURSELVES ACCORDINGLY. PUBLISH: January 6, 1995 TOWN OF GULF STREAM, FLORIDA January 25, 1955 /7 its L. Tayloor, Town Clerk NOTICE OF CHANGE OF LAND USE TO THE CITIZENS OF THE TOWN OF GULF STREAM, TO ALL PARTIES IN INTEREST AND TO ALL WHOM IT MAY CONCERN: The Town of Gulf Stream proposes to make the following amendments to the Future Land Use Element of the Comprehensive Plan: 1) Include as a supplement to the test of the element: a. an identification of properties in the Town owned by the Florida Inland Navigation District (FIND) and a general description of their proposed use as Materials Management Areas; b. a revision to the Public "P" Future Land Use Category to include Materials Management Areas as a permitted use; and c. the incorporation of the Gulf Stream Design Manual and the generalized findings and goals of the 1994 community character survey and Gulf STream Design Manual 2) Amend the Future Land Use Map to assign the Public "P" Future Land Use Category to certain properties owned by FIND. 3) .Completely revise the Goals, Objectives and Policies section of the element to reflect the items addressed in the supplement and to provide a general update of the section. Information regarding the proposed amendments is on file in the Office of the Town Clerk located at 100 Sea Road, Gulf.Stream, Florida and may be reviewed during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. A PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENTS WILL BE HELD BY THE TOWN COMMISSION ON JANUARY 30, 1995, IMMEDIATELY FOLLOWING THE MEETING OF THE LOCAL PLANNING AGENCY THAT IS TO BE HELD AT 5:01 P.M., IN THE COMMISSION CHAMBERS IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33483. PLEASE TAKE NOTICE AND BE ADVISED, all persons interested in these matters 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 this meeting, that person will need a record of the proceedings, and for such purpose, 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 based. Publish: January 22, 1995 TOWN OF GULF STREAM ORIDA Rita L. Taylorwn Clerk January 6, 1995 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 13, 1995, AT 4:00 P.M.,IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Me L"I VA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of December 9, 1994. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Public Hearing (Zoning Code Amendments) Jan. 13, 1995 at 5:01 P.M. B. Public Hearing (Zoning Code Amendments) Jan. 30, 1995 at 5:01 P.M. C. Regular Meeting to be held February 10, 1995 at 9 A.M. VII. Applications for Development Approval. A. James Ballerano, as Agent for William & Gail Bradbury, owners of the property at 1357 N. Ocean Blvd., Gulf Stream, Florida. 1. DEMOLITION REVIEW -To permit demolition of all structures, except the driveway and seawall, at the address stated herein that is described as the South half of Lot 4, all of Lot 5, the North half of Lot 6, Block D; Revised Plat of Block D & E, Palm Beach Shore Acres. 2. SUBDIVISION REVIEW -To permit the creation of two, 100+ foot lots from the existing parcel of 200+ feet at the address stated herein. 3. SITE PLAN REVIEW -To review the interim state as a maintained vacant lot prior to future development. VIII. Reports. A. Town Manager 1. Water Report 2. Update on Intracoastal Water Line B. Town Attorney C. Architectural Review & Planning Board 1. Regular Meeting to be held January 25, 1995 at 9:00 A.M. D. Finance Director 1. Response to Audit for 1993 -1994 2. Financial Report for December, 1994 E. Police Report for December, 1994 F. Construction in Progress in December, 1994 IX. Items for Commission Action. A. Invitation to join in countywide program to amend the Comprehensive Plans Intergovernmental Coordination Elements (ICE). B. Interlocal Agreement for dispatching service from the City of Delray Beach. C. Contract extension with Urban Design for additional work related to the Design Manual. January 6, 1995 AGENDA CONTINUED X. Correspondence. A. Letter from County Commissioner McCarty requesting support for Florida Department of Transportation Project, Alternative 3A -2, Interstate 95 /Palm Beach International Airport Direct Connector. B. Letter from West Palm Beach Mayor Nancy Graham requesting .support of City's opposition to the proposed airport connector. XI.:. Public.. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COM- MISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. C i MINUTES OF THE REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 13, 1995, AT 4:00 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 4:00 P.M. II. Pledge of Allegiance. Commissioner Armour led the Pledge of Allegiance. III. Roll Call. Present and William F. Koch, Jr. Mayor participating: Alan I. Armour Vice Mayor James E. Cross Commissioner A. Curtis True, M.D. Commissioner Kathleen S. Wallace Commissioner Also Present & participating: E. Scott Harrington John Randolph Rita Taylor William Gwynn Robert Schultz Joan Orthwein James Ballerano Town Manager Town Attorney Town Clerk Finance Director Police Chief Chairman of ARPB Agent for Mr. Bradbury IV. Minutes of the Regular Meeting of December 9, 1994. Commissioner Armour moved and Commissioner True seconded that the minutes be approved as circulated. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested to withdraw item IX.B., an Interlocal Agreement for dispatching service in that the document had not yet been received from the City of Delary Beach. There were no objections. VI. Announcements. A. Public Hearing (Zoning Code Amendments) Jan. 13, 1995 at 5:01 P.M. B. Public Hearing (Zoning Code Amendments) Jan. 30, 1995 at 5:01 P.M. C. Regular Meeting to be held February 10, 1995 at 9:00 A.M. These announcements were made by the Town Clerk. VII. . Applications for Development Aooroval. A. James Ballerano, as Agent for William & Gail Bradbury, owners of the property at 1357 N. Ocean Blvd., Gulf Stream, Florida. 1. DEMOLITION REVIEW -To permit demolition of all structures, except the driveway and seawall, at the address stated herein that is described as the South half of Lot 4, all of Lot 5, the North half of Lot 6, Block D; Revised Plat of Block D & E, Palm Beach Shore Acres. Mr. Ballerano explained that Mr. Bradbury has had this property for sale for an extended period and has had no serious prospects. He stated that Mr. Bradbury believed that the property would be more likely to sell if it were to be divided into two lots of 100' frontage each but that this is not possible due to the location of the existing structures. Mr. Ballerano advised that they are requesting to remove all structures with the exception of the driveway and seawall, adding that since this application had been first submitted, there is a contract for the sale of the north portion of the property and that a representative of the prospective buyer is present with pictures of a dwelling similar to the one that the new owner would be asking to construct. Town Commission - Regular Meeting January 13, 1995 page 2 Joan Orthwein, Chairman of the Architectural Review and Planning Board, reported that the ARPB have recommended that the Demolition Permit be granted provided the landscape material is not removed and the parcel is properly seeded and maintained. Commissioner Armour moved and Commissioner Cross seconded that the Demolition Permit be granted with the conditions recommended by the ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. SUBDIVISION REVIEW -To permit the creation of two, 100+ foot lots from the existing parcel of 200+ feet at the address stated herein. Town Manager Harrington explained that the two proposed lots would meet the zoning provisions in that each will have more than 100' frontage and the depth is approximately 300' as measured from the Coastal Construction Control Line. Chairman Orthwein reported that the ARPB had recommended approval of the subdivision as requested. Commissioner Armour moved and Commissioner Cross seconded that the subdivision of the property be approved as requested and recommended by the ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mayor Koch questioned if there should be some sort of time limit placed on these approvals. Mr. Harrington advised that the code provides that the approvals would expire at the end of one year and that in the recent approval of a similar subdivision and demolition, the condition placed on the approval was that a site plan approval of new development on the property must be obtained prior to the demolition and recording of the subdivision. Mayor Koch felt the Commission should be consistent and the members of the Commission agreed. In view of this, Commissioner Wallace moved and Commissioner True seconded that the demolition request and subsequent demolition permit be reconsidered. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Armour moved that a Demolition Permit be granted with the condition that site plan approval has first been obtained for development of at least one of the proposed lots. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Wallace moved to reconsider the request for the subdivision of the parcel located at 1357 N. Ocean Blvd. and the motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Armour moved and Commissioner Wallace seconded the motion that approval be given for the subdivision as requested provided the subdivision is not recorded until such time as a site plan approval has been granted for the development of at least one of the two lots proposed. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 3. SITE PLAN REVIEW -To review the interim state as a maintained vacant lot prior to future development. Town Manager Harrington explained that the Code provides that a Site Plan Review must be held in connection with the Demolition Permit. Commissioner Armour moved that site plan approval be granted for the vacant parcel to remain vacant provided the landscape material is not removed and the parcel is properly seeded and maintained as is provided in the code for vacant property. The motion was seconded by Commissioner Cross. Roll Call: Town Commission - Regular Meeting January 13, 1995 page 3 Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VIII. Reports. A. Town Manager C 1. Water Report - Bimonthly Mr. Harrington called attention to the water use comparison chart in the agenda packet that shows the water usage in the months of October and November of 1994 was the lowest as compared to October and November usage beginning with the year 1988. He advised that in spite of this, it had been necessary to send letters to 60 consumers in Gulf Stream advising that their water consumption was still excessive. He further advised that many of those 60 have asked for help from the Town in locating the reason for the excessive usage and that Mr. Harvel is working with them. Mr. Harrington reported that the commercial users, those being the private clubs and the school, experienced as much as a 300% increase in their water bills under the new rate structure and it has been determined that this is due to them having oversized meters and in some instances, more meters than are necessary. He stated that he and Mr. Harvel are working with them for a solution and one of the consumers has already planned to install meters that are sized for their amount of consumption in addition to removing one meter which is expected to result in an estimated savings of $2,700 per year. He then requested permission from the Commission to reduce the bills of the commercial users to an amount that would be charged for the proper sized meters, adding that this would not be an adjustment for the amount of water that is used but an adjustment to the base fee which is a fixed fee based on the size of the meter. The Commissioners all agreed that this would be fair and granted permission for the Town Manager to implement the reduction provided the consumers moved forward with the downsizing. 2. Update on Intracoastal Water Line Mr. Harrington reported that that the Invitation to Bid has been advertised and the award of the bid is scheduled for the Regular Commission Meeting to be held on February 10, 1995. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review and Planning Board 1. Regular Meeting to be held January 25, 1995 at 9:00 A.M. This announcement was made by Chairman Orthwein. D. Finance Director 1. Response to Audit Report for 1993 -1994. William Gwynn, Finance Director, called attention to his letter in the packet advising that he has set up and will maintain a detail of all costs incurred that are associated with construction, and capitalize those costs as appropriate, including interest, as suggested in the Auditor's Management Letter from Ernst & Young, Certified Public Accountants. 2. Financial Report for December, 1994. Mr. Gwynn, in referring to the financial report, stated that approximately 80% of the anticipated tax revenue has been received as is reflected in the $687,401.38 shown as invested funds in the General Fund. He advised that $500,000 of this has been placed in Treasury Bills. He further noted that the $27,354.76 shown as revenue covers reimbursement from the Water Fund for expense involved with the Construction Bonds. In closing, Mr. Gwynn reported that while the actual year to date expenditures are nearly $8,000 over the projection at this point, the actual year to date revenues exceed the budget projection by $45,000. Town Commisison- Regular Meeting January 13, 1995 page 4 Commissioner Armour moved and Commissioner True seconded that the Financial Report for December, 1994 be approved as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. E. Police Report for December, 1994 Chief Schultz presented his activity report for December, 1994 adding that he had attended a one day seminar in West Palm Beach on Developing and Administrating a Budget. F. Construction in Progress in December, 1994. The report revealed there to be $7,282,693 worth of construction underway in Gulf Stream during the month of December, 1994. IX. Items for Commission Action. A. Invitation to join in countywide program to amend the Comprehensive Plans Intergovernmental Coordination Elements (ICE) Mr. Harrington explained that the State has mandated that that this element be upgraded in all plans but that municipalities of under 2,500 population have been granted an extension until the year 2002, at which time they will also have to comply. He advised that this process will be expensive as extensive interaction between all surounding governmental bodies will be necessary and it is proposed that the various governments join together to meet this mandate as was done with the storm water permit- ting through the EPA the past few years. Mr. Harrington advised that it is proposed that a planner be hired for this task and that the cost, and other related costs, be shared. He further advised that the cost to Gulf Stream at this time would be $100 and that if in the future the Town wanted to drop out, they could do so at any time. He recommended that Gulf Stream join in this program, adding that he has been selected to Chair the Steering Committee for this program and will most certainly be looking after the interests of Gulf Stream. Commissioner True moved and Commissioner Wallace seconded that the Town of Gulf Stream join in the Countywide Program and that the fee of $100.00 be authorized. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Interlocal Agreement for dispatching service from the City of Delray Beach. This item was withdrawn from the agenda. C. Contract extension with Urban Design for additional work related to the Design Manual. Mr. Harrington explained that work outside of the original contract with Urban Design Studio hat been necessary,i.e. Building Color Analysis, Zoning Map Revisions, Preparation of New Town Base Map, Final Revisions of Design Manual and Preparation of 50 Copies of Final Design Manual. An estimated cost for this is $3,420 he said, but added that estimated expenses for reproduction costs are $20.00 per Manual which would be in addition to the professional service fee. Commissioner True moved that the contract extension be executed with the cost of professional services not to exceed $3,500 and that the sum be taken from the contingency fund. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE., Town Commission - Regular Meeting January 13, 1995 page 5 X. Correspondence. A. Letter from County Commissioner McCarty requesting support for Florida Department of Transportation Project, Alternative 3A -2, Interstate 95 /Palm Beach International Airport Direct Connector. C) B. Letter from West Palm Beach Mayor Nancy Graham requesting support of City's opposition to the proposed airport connector. The above letters were discussed and it was determined that the Project would have no direct impact on Gulf Stream and that the Town should take no action on either request at this time. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 4:50 P.M. 7.� t, Rita L. Taylor, J own Clerk n January 6, 1995 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace PUBLIC HEARING TO BE HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA ON FRIDAY, JANUARY 13, 1995, 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. ZONING CODE AMENDMENTS. A. Design Manual. B. Home Occupations Provisions. C. Provisions for regulating color. D. Various minor amendments to the Design Manual. E. Amendments to the Official Zoning Map to reflect the new Single Family Zoning Districts as described in the Design Manual. F. Amending powers and duties of the Town Commission, Local Planning Agency, Board of Adjustment, Architectural Review and Planning Board and the Planning & Building Administrator. G. Amendment to Architectural /Site Plan Review Standards and Approval Processes. H. Recodification of Variance Standards & Procedures. I. Amendments to Special Exceptions Standards & Processes. J. Amending the Appeals Processes. IV. ORDINANCE NO. 95/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66 OF THE TOWN CODE OF ORDINANCES RELATING TO ZONING BY AMENDING ARTICLE II AND ARTICLE III THEREOF RELATING TO ARCHITECTURAL REVIEW AND PLANNING BOARD AND BOARD OF ADJUSTMENT, RESPECTIVELY, RESCINDING SAID ARTICLES IN THEIR ENTIRETY AND BY CREATING A NEW ARTICLE II.1 RELATING TO THE TOWN COMMISSION, SPECIFYING POWERS AND DUTIES AND PROCEDURES FOR VOTING; BY CREATING A NEW ARTICLE I1.2 RELATING TO THE LOCAL PLANNING AGENCY, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE, PROCEDURES FOR MEETINGS, ETC.; BY CREATING A NEW ARTICLE II.3 RELATING TO BOARD OF ADJUSTMENT, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURES PROCEDURES FOR MEETINGS, COMPENSATION, ETC.; BY CREATING A NEW ARTICLE II A RELATING TO ARCHITECTURAL REVIEW AND PLANNING BOARD, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE, PROCEDURES FOR MEETINGS, COMPENSATION, ETC.; BY CREATING A NEW ARTICLE II.5 RELATING TO PLANNING AND BUILDING ADMINISTRATOR'S POWERS AND DUTIES; BY AMENDING ARTICLE V, SITE PLANS, BY RECINDING SAID ARTICLE IN ITS ENTIRETY AND CREATING A NEW ARTICLE V.1 RELATING TO ARCHITECT- URAL /SITE PLAN REVIEW - LEVELS 1, 2 AND 3, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITY, STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING AP- PLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, REVISIONS, ETC.; BY CREATING A NEW ARTICLE V.2 January 6, 1995 Town Commission Public Hearing- January 13, 1995 AGENDA CONTINUED C RELATING TO VARIANCES, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, VARIANCE REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITIES, VARIANCE STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, ETC.; BY CREATING A NEW ARTICLE V.3 RELATING TO SPECIAL EXCEPTIONS, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, SPECIAL EXCEPTION REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITIES, SPECIAL EXCEPTION STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, ETC.; BY CREATING A NEW ARTICLE VA RELATING TO APPEALS, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, APPEAL REVIEW AUTHORITY, ACTION BY REVIEW AUTHORITY, APPEAL STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, MISREPRESENTATION, ETC.; BY AMENDING ARTICLE VI DISTRICT REGULATIONS AT DIVISION 2, RS SINGLE - FAMILY RESIDENTIAL DISTRICT, BY RESCINDING SAID DIVISION IN ITS ENTIRETY AND CREATING A NEW DIVISION 2, BY ADOPTING THE GULF STREAM DESIGN MANUAL WHICH ESTABLISHES FIVE SINGLE - FAMILY DISTRICTS, ALL REGULATIONS RELATING TO SAID DISTRICTS BEING ENCOMPASSED IN FULL WITHIN THE DESIGN MANUAL, HEREBY ADOPTING ARTICLES I THROUGH IX THEREOF NOT TO INCLUDE THE APPENDICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (lst' reading) V. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COM- MISSION 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. M i MINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, ON FRIDAY, JANUARY 13, 1995 AT 5:01 P.M., IN THE COMMISSION CHAMBERS OF THE 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 and William F. Koch, Jr. Mayor participating: Alan I. Armour Vice Mayor James E. Cross Commissioner A. Curtis True, M.D. Commissioner Kathleen S. Wallace Commissioner Also Present & E. Scott Harrington Town Manager participating: John Randolph Town Attorney Rita Taylor Town Clerk Henry Skokowski Urban Desiqn Studios Perry O'Neal Town Resident III. ZONING CODE AMENDMENTS. A. Design Manual Town Manager Harrington called attention to his memo dated January 6, 1995 which contains amendments to the Design Manual that were suggested by the Architectural Review and Planning Board and the Task Force after the last joint meeting with the Commission. He advised that a question has been raised with regard to a proposed change in the minimum lot size in the Beachfront District from 30,000 sq. feet to 20,000 sq. feet and the addition of a new section, "Effective Lot Area ", that would be added following "Unity of Title ". He explained that with a minimum lot width of 100 feet permitted, there would be a few of the parcels on the beachfront that would not meet the 30,000 sq. foot minimum lot size if the measurement were to be taken from the Coastal Construction Control Line. By lowering the minimum to 20,000 sq. feet, all parcels of more than 200 foot frontage could meet the 20,000 sq. feet-if divided. Commissioner Wallace believed that it would be wrong to reduce the minimum lot size below 30,000 sq. ft as it could result in a series of small houses standing in a row which is not in keeping with the charm and character of the community that has been enjoyed in the past. She also pointed out that there is a 30,000 square foot minimum lot size in the Ocean West District and she believed the Beachfront District should not be any less than Ocean West. Considerable discussion followed after which Commissioner Armour moved and Commissioner Wallace seconded that any reference to "minimum lot size" in the Beach Front District in the Manual read 30,000 square feet and that the title "Lot Size" in the charts on pages IV -1 and IV -15 of the Manual be changed to "Effective Lot Area ". Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mr. Harrington explained that there are some editorial changes that are to be made to the Manual, one of which is to remove the addresses that are shown under the pictures. He advised that in order for the Ordinance to have a second reading on January 30, 1995, any substantial changes in the Manual must be detailed during this meeting. If substantial changes were to be made on January 30, 1995, it would be necessary to have a third reading of the Ordinance, he said. Town Commission - Public Hearing January 13, 1995 page 2 The members of the Commission questioned if there was enough direction given regarding the style of walls, noting that the preferred design has stated that the wall be consistent with and correspond to the architecture of the house. Commissioner Armour moved and Commissioner Wallace seconded the motion to add that "however they shall not include excessive ornamentation or relief. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Wallace stated she believed some of the picutres and sketches in the Manual should be replaced with others that more accurately demon- strate what is preferred for Gulf Stream. She listed these as follows: 1) Replace the first picture on page II -5 that shows three small houses crowded on one parcel. 2) Replace the sketch on page V -1 with one that is more representative of Gulf Stream. 3) Replace the first picture on page V -14 as straight rows of Royal Palm trees are not in keeping with the naturalistic character of Gulf Stream. 4) Replace the drawing on page VII -6 with a more appropriate one that does not appear to be a multi - family structure. Commissioner True moved and Commissioner Wallace seconded that the Design Manual be amended as detailed in this list and that the amendments detailed in Mr. Harringtons memorandum of January 6, 1995 be adopted with the exception of the change in minimum lot size in the Beachfront District since this was determined earlier in the meeting. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Comm. Armour, AYE, and Mayor Koch; AYE. Commissioner Wallace moved and Commissioner Cross seconded that the revisions to the Design Manual as proposed in Mr. Harrington's memorandum dated January 11, 1995 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE; Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Home Occupations Provisions. Town Manager Harrington explained that the section covering home occupation uses contains the same provisions as the draft that was presented to the Commission several months previous. Commissioner True was opposed to any changes to the existing provisions which state home occupation uses are prohibited. Mayor Koch was opposed to a list of permitted home occupations being a part of the proposed new section. Commissioner Wallace agreed that by listing permitted home occupations it appears that the Town is encouraging them. Town Manager Harrington explained that with the advancements in technology it has made it possible for work to be performed in the home that has no unfavorable impact on the area but such activities are p prohibited under the existing code. He pointed out that when activities take place that are an unfavorable impact on the area, such as trunk sales, it becomes difficult to stop them when working on a computer in the home is also in violation and nothing is done about it. By permitting certain activites that do not impact the community, it becomes possible to control those that have the unfavorable impact. Perry O'Neal, a town resident, advised that some corporations are encouraging their personnel to work at home and that in fact he knows of one man that has been directed to do so by his employer and the employer actually closed the office from which he was working. Mr. O'Neal felt that it would be unfortunate if that person would have to move out of town because he could not work from his home. Town Commission - Public Hearing January 13, 1995 page 3 Mr. Harrington suggested that the list of permitted home occupations be eliminated and permitted home occupations be listed as: Professional Offices, Individual Instruction, and Uses similar to those listed in terms of character, intensity, operations and impacts. This was agreeable to most. Mrs. Wallace asked that "Home Tours" be added to the list of prohibited uses. It was suggested that the following be added to prohibited uses: Home tours where admission /donation are charged, charitable or otherwise. This was also agreeable. Commissioner Wallace then moved and Commissioner Cross seconded that Home Occupation Uses be adopted as amended. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; NAY, and Mayor Koch; AYE. C. Provisions for regulating color. Mr. Skokowski from Urban Design Studio:. displayed a number boards, to each of which was attached a large number of different shades of each color group beginning with the lightest shades and ending with the darkest. Each of the color samples was numbered and Mr. Skokowski explained that these are the color charts distributed by Benjamin Moore Paint Co. He added that it is not intended that only Benjamin Moore Paint be used but since there are no universal standards for color, it is necessary that something be used as a guide in selecting colors for structures. Mr. Skokowski called attention to the black line that divides each board and advised that ids proposed that everything above the black line be considered an acceptable principal color for structures in Gulf Stream. He pointed out that they are pastel shades and that there are no purples, primary red or florescent colors included. He further pointed out that there are some darker shades considered acceptable for Mediterranean design and are so marked. Mr. Skokowski added that acceptable colors for trim would include all of those acceptable as a primary color plus one line below the black line on the color boards. Commissioner Wallace stated that in the section under Color entitled Trim, there are two sentences she would like to see removed. Those were: "In general, light wall treatment should be offset by a darker trim. "and 'Conversely, darker wall treatments should be offset by a lighter trim." She sug3ested''.that "Contrast between wall and trim should be minimal" be inserted:-There were no objections. Mrs. Wallace further suggested that in the Areawide Standards, page V -11, the word "fascia" be included in the paragraph entitled Trim Color and that the words quoins, and keystones be removed from the paragraph entitled Accent Color. There were no objections to these suggestions. With regard to the section Predominant Architectural Styles, Mrs. Wallace suggested that "multi- colored cornice bands'be deleted under the Preferred section and the words "except for doors" be added after "red" under the Prohibited section on page VII -8. Also, she requested the words "or accent" be added at the end of the fourth item under the Prohibited section. There were no objections to any of these suggestions. Commissioner Wallace moved that the four pages regulating color be adopted as amended herein along with the color charts as presented. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE and Mayor Koch; AYE. Commissioner Wallace once again congratulated the Task Force and those in- volved with the production of the Design Manual and asked that in the near future, work begin to prepare an ordinance to provide construction impact controls. Town Commission - Public Hearing January 13, 1995 page 4 D. Various minor amendments to the Design Manual. This item was considered earlier on the agenda. E. Amendments to the Official Zoning Map to reflect the New Single Family Zoning Districts as described in the Design Manual. Commissioner True moved and Commissioner Wallace seconded that the amendments to the Official Zoning Map be made to conform to the Single Family Zoning Districts described in the Design Manual that was adopted earlier in the meeting. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. F. Amending powers and duties of the Town Commission, Local Planning Agency, Board of Adjustment, Architectural Review and Planning Board and the Planning & Building Administrator. Town Manager Harrington reported that the only question that has been raised with regard to the proposed amendments covered in agenda items F. through J. were the term limits for the members of the ARPB. He explained that the current provisions are that members may serve only two consecutive terms on the ARPB and this was carried forward to the provisions being considered at this time. Mayor Koch believed it unnecessary to have term limits as the members are appointed for three year terms and changes could be made at this time if it was felt to be necessary. Commissioners Cross and Armour believed that a periodic change in membership is desireable as it would tend to bring new ideas to the body. Commissioner Wallace agreed that change is good but felt that it would be a benefit to have this board, that h'as been involved with the development of the Design Manual, to continue to serve as the ARPB through the implementation of the new Manual. Commissioners Cross and Armour were in agreement on that point. Commissioner True moved and Commissioner Wallace seconded that the term limits for the ARPB be established at three consecutive three -year terms. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. G. Amendment to Architectural /Site Plan Review Standards and Approval Processes. H. Recodification of Variance Standards & Procedures. I. Amendments to Special Exception Standards & Processes. J. Amending the Appeals Process. Commissioner Wallace moved and Commissioner True seconded that items F. through J. be approved as amended with the three consecutive term limits for the ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Attorney Randolph returned to the matter of Home Occupations and advised that i he, eli,eved.thel amendment that had been adopted earlier in the meeting would end up being less restrictive than what is expected to be considered at the public hearing on January 30, 1995 and he thought the Commission might want to reconsider that matter. Commissioner Wallace moved and Commissioner Armour seconded that the motion regarding Home Occupations be reconsidered. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Armour stated that he believed the Town should provide for some work to be done in the home to keep up with the trend resulting from the advanced technology of today. He hoped this could be done without providing too much latitude for home occupations. Town Commission - Public Hearing January 13, 1995 page 5 Commissioner True moved,that on first reading, Home Occupations be prohibited with the understanding that a less restrictive provision regarding Home Occupations will be presented by the staff for consideration at the Public Hearing for second reading on January 30, 1995. The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AY1 IV. ORDINANCE NO. 95/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66 OF THE TOWN CODE OF ORDINANCES RELATING TO ZONING BY AMENDING ARTICLE II AND ARTICLE III THEREOF RELATING TO ARCHITECTURAL REVIEW AND PLANNING BOARD AND BOARD OF ADJUSTMENT, RESPECTIVELY, RESCINDING SAID ARTICLES IN THEIR ENTIRETY AND BY CREATING A NEW ARTICLE II.1 RELATING TO THE TOWN COMMISSION, SPECIFYING POWERS AND DUTIES AND PROCEDURES FOR VOTING; BY CREATING A NEW ARTICLE I1.2 RELATING TO THE LOCAL PLANNING AGENCY, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE, PROCEDURES FOR MEETINGS, ETC.; BY CREATING A NEW ARTICLE 22.3 RELATING TO BOARD OF ADJUSTMENT, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE; PROCEDURES FOR MEETINGS, COMPENSATION, ETC.; BY CREATING A NEW ARTICLE 22.4 RELATING TO ARCHITECTURAL REVIEW AND PLANNING BOARD, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE PROCEDURES FOR MEETINGS, COMPENSATION, ETC.; BY CREATING A NEW ARTICLE 22.5 RELATING TO PLANNING AND BUILDING ADMINISTRATOR'S POWERS AND DUTIES; BY AMENDING ARTICLE V, SITE PLANS, BY RECINDING SAID ARTICLE IN ITS ENTIRETY AND CREATING A NEW ARTICLE V.1 RELATING TO ARCHITECT- URAL /SITE PLAN REVIEW - LEVELS 1, 2 AND 3, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITY, STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING AP- PLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, REVISIONS, ETC.; BY CREATING A NEW ARTICLE V.2 RELATING TO VARIANCES, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, VARIANCE REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITIES, VARIANCE STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, ETC.; BY CREATING A NEW ARTICLE V.3 RELATING TO SPECIAL EXCEPTIONS, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, SPECIAL EXCEPTION REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITIES, SPECIAL EXCEPTION STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, ETC.; BY CREATING A NEW ARTICLE V.4 RELATING TO APPEALS, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, APPEAL REVIEW AUTHORITY, ACTION BY REVIEW AUTHORITY, APPEAL STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, MISREPRESENTATION, ETC.; BY AMENDING ARTICLE VI DISTRICT REGULATIONS AT DIVISION 2, RS SINGLE - FAMILY RESIDENTIAL DISTRICT, BY RESCINDING SAID DIVISION IN ITS ENTIRETY AND CREATING A NEW DIVISION 2, BY ADOPTING THE GULF STREAM DESIGN MANUAL WHICH ESTABLISHES FIVE SINGLE- FAMILY DISTRICTS, ALL REGULATIONS RELATING TO SAID DISTRICTS BEING ENCOMPASSED IN FULL WITHIN THE DESIGN MANUAL, HEREBY ADOPTING ARTICLES I THROUGH IX THEREOF NOT TO INCLUDE THE APPENDICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (lst reading) Town Commission- Public Hearing page 6 January 13, 1995 Commissioner True moved and Commissioner Wallace seconded that Ordinance No. 95/1 be adopted as amended on first reading. There was no public comment. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Adjournment. Mayor Koch adjourned the meeting at 7 P.M. /?I - �' caq bk_' Rita L. TaylorU Town Clerk NOTICE OF ZONING CHANGE THE TOWN OF GULF STREAM, FLORIDA, proposes to rezone the land and to modify zoning regulations within the areas shown in the map in this advertisement 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. 92 -2, as amended by Ordinance No. 92 -9. The proposed rezoning and the modification of zoning regulations consist of amendments summarized as follows: CERTAIN AMENDMENTS BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN NO. 92 -2, AS AMENDED BY ORDINANCE NO. 92 -09, CREATING FIVE (5) SEPARATE SINGLE FAMILY ZONING DISTRICTS; PROVIDING FOR THE ADOPTION OF A DESIGN MANUAL FOR DEVELOPMENT WITHIN THE DISTRICTS; PROVIDING FOR COMPLIANCE WITH THE TOWN'S COMPREHENSIVE PLAN; ESTABLISH- ING THE POWERS AND DUTIES OF THE TOWN COMMISSION, LOCAL PLANNING AGENCY, BOARD OF ADJUSTMENT, ARCHITECTURAL REVIEW AND PLANNING BOARD AND PLANNING AND BUILDING ADMINISTRATOR; SETTING FORTH APPLICATION PROCEDURES AND STANDARDS FOR THE APPROPRIATE REVIEW AUTHORITIES FOR LEVELS 1, 2, AND 3 ARCHITECTURAL /SITE PLAN REVIEW, VARIANCES, SPECIAL EXCEPTIONS AND APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. 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 AMENDMENTS ON THE 13TH DAY OF JANUARY, 1995, AT THE HOUR OF 5:01 P.M., AND ON THE 30th DAY OF JANUARY, 1995, IMMEDIATELY FOLLOWING THE MEETING OF THE LOCAL PLANNING AGENCY THAT IS TO BE HELD AT 5:01 P.M., IN THE COMMISSION CHAMBERS IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33483. The proposed amendments and supporting material noticed herein are on file in the Office of The Town Clerk located at 100 Sea Road, Gulf Stream, Florida and may be inspected during regular business hours which generally include non - holiday weekdays from 9:OO A.M. to 4:00 P.M. All persons intersted in or affected by said matters may appear before the Town Commission at the times 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, 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 based. PLEASE GOVERN YOURSELVES ACCORDINGLY. PUBLISH: January 6, 1995 TOWN OF GULF STREAM, FLORIDA January 25, 1995 Rita L. Taylor,UTown Clerk c m r m m 4 4 w a as G G w w N O1 to . H H• �D N � a H H --,� O W `lz 1. �. r r. j H G, w �c 0 M 0 � (H O F yMy a m o it H Dy a CL IT 0 n c 0 a G a ^1 O i a G X C- X'Z a C. f 0 0 a 0. C v n Q 0 CL m o^ m IT IT i N Ln 4 w 0 G a H K ko LTI ° w 0 n" 0 5 I CL aa�a a < So0;w°ae..n, c °30 ^C•VPw b w a o a o w 5 5 ° n C 0. 0. '•`� C.Y 7 0 0 0. n w o ° ro -1, o p w 0 0. C 0. 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H N N m m m tl m ■ ■ ■ O 00 W �i C NOTICE OF CHANGE OF LAND USE TO THE CITIZENS OF THE TOWN OF GULF STREAM, TO ALL PARTIES IN INTEREST AND TO ALL WHOM IT MAY CONCERN: The Town of Gulf Stream proposes to make the following amendments to the Future Land Use Element of the Comprehensive Plan: 1) Include as a supplement to the teXt of the element: a. an identification of properties in the Town owned by the Florida Inland Navigation District (FIND) and a general description of their proposed use as Materials Management Areas; b. a revision to the Public "P" Future Land Use Category to include Materials Management Areas as a permitted use; and c. the incorporation of the Gulf Stream Design Manual and the generalized findings and goals of the 1994 community character survey and Gulf STream Design Manual 2) Amend the Future Land Use Map to assign the Public "P" Future Land Use Category to certain properties owned by FIND. 3) .Completely revise the Goals, Objectives and Policies section of the element to reflect the items addressed in the supplement and to provide a general update of the section. Information regarding the proposed amendments is on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida and may be reviewed during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. A PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENTS WILL BE HELD BY THE TOWN COMMISSION ON JANUARY 30, 1995, IMMEDIATELY FOLLOWING THE MEETING OF THE LOCAL PLANNING AGENCY THAT IS TO BE HELD AT 5:01 P.M., IN THE COMMISSION CHAMBERS IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33483. PLEASE TAKE NOTICE AND BE ADVISED, all persons interested in these matters 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 this meeting, that person will need a record of the proceedings, and for such purpose, 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 based. Publish: January 22, 1995 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, own Clerk M 51 O 0. 0 C 0 a CL C N CL rt c 0 a �• o `G iCL a -C C C Xz_n0` -i'r rho O < TCR d ro G4C) cr M $ A O m 7 rn a > CL � N a N n w w °a a ) ° a c 7 0 c O- c C ° ^ ju as ? < "n N C �'• C °ag' 3 m N w j G ai L °y o n W n w w? 7 e N a o rs n w 0. o m a a° e n C w a o o � n O V a• G ° to w cr 'w+ � 3 n f) O^ a n n C 0 .0 aO a. N ' . 0 .N'. a m b o C W y a C E N o S ao b y ro �. n .0 CL O. 1�1• � rn `° w a •n, � b n so to P) '0 0 b rn n n `+ °• ^ °. a w 0 5 0. 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CD �' Z. o_ 0_ CD 3 ° o ° � N PUBLIC HEARING NOTICE OF CHANGE OF LAND USE NOTICE IS HEREBY GIVEN that the Local Planning Agency of the Town of Gulf Stream, Florida will hold a public hearing on Monday, January 30, 1995, at 5:01 P.M., in the Commission Chambers in the Town Hall, 100 Sea Road, Gulf Stream, Florida for the purpose of making a recommendation to the Town Commission with regard to the following proposed amendments to the Future Land Use Element of the Comprehensive Plan: 1) Include as a supplement to the test of the element: a. an identification of properties in the Town owned by the Florida Inland Navigation District (FIND) and a general description of their proposed use as Materials Management Areas; b. a revision to the Public "P" Future Land Use Category to include Materials Management Areas as a permitted use; and C. the incorporation of the Gulf Stream Design Manual and the generalized findings and goals of the 1994 community character survey and Gulf Stream Design Manual 2) Amend the Future Land Use Map to assign the Public "P" Future Land Use Category to certain properties owned by FIND. 3) Completely revise the Goals, Objectives and Policies section of the element to reflect the items addressed in the supplement and to provide a general update of the section. Information regarding the proposed amendments is on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida and may be reviewed during regular business hours which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. All persons interested in these matters may appear before the Local Planning Agency at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE LOCAL PLANNING AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THE 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. Dated: January 15, 1995 TOWN OF GULF STREAM Publish: Palm Beach Post ;� Dates of Publication: January 18, 1995 /` F / January 24, 1995 Rita L. Taylor, Town Clerk C; THE PALM BEACH. POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared rhri fs Ril l 'I who on oath says that she /he is Class Sales Mqr of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a Not ice in the matter of Public Hearing in the the issues - -- Court, was published in said newspaper in January 20, 24, 1995 A133ant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year neext preceding the first publication of the attached copy of advertisement; and afflant further says that she /he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sai ws/j paper. I Ay\ vnD Sworn to and subscribed before me this d f���D. 19 -9.5— 1 i I O,'N,� �M. McLinton. Notary Public OF I'LDR1DA icy, IN C '1 t< ^41,43!7 Personally k'n' 1 %116V p d ldentiffeation Type of Identification Produced NO. 838813 PUBLIC HEARING NOTICE OF CHANGE OF LAND USE NOTICE IS HEREBY GIVEN that [ha Local Planning Agency 01 lha Town of Gulf Stream, Flor- ida will hold a public hearing on Monday, January 30, 1995, At S:01 P.M., In the Commis- Won Chambers In the Town Hell, 100 Be. Rcad, Gulf streem, Florida for the our. Puss of making a recommen- deU.n to the Town Commia- slon with regard to the fallowing Plopo..d amend. ments to the Future Land Use Element of the Comprehensive Plan; 1) Include n A supplement to the test of the element: a. an Identification of proper. ties In the Town owned by the Florida Inland Navigation Dis- trict (FIND) and A general de- scription of their proposed use A. Materiels Management Areas; b. A revision to the Public "P" Future Land Use Category to Include Materiels Management Ana. as a permitted use; and c. the Incorporation of the Gulf Stream Design Manuel and the g.narall.ad findings ono goals of the 1994 commu. nity character survey and Gull Stream Design Manual 2) Amend the Future Land Us. Map to assign the Public "P" Future Land Use Category to ceAsin properties owned by FIND. 3) Completely revise the Goals, Objectives and Policies .action of the element to a- Ilecl the Items addressed In the supplement end to provide e general update of the .ac- tion. Information regarding the pro - Posed amendments 1. on file In the Office of the Town Clark located at 100 Sea Road, Gull Stream, Florida and may be reviewed during regu- lar business hours which gen. erally Include non- hollday weekday. from 9:00 A.M. l0 4:00 P.M. All parsons Interested In these matters may appear before the Local Planning Agency at the lima and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE LO- CAL PLANNING AGENCY WITH RESEPCT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PRO- CEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO IN- SURE THAT A VERBATIM RE- CORD OF THE PROCEEDINGS IS MADE, WHICH RECORD IN- CLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 288.0105, F.S.S. Dated: January 15, 1995 TOWN OF GULF STREAM RIW L. Taylor, Town Clark PUB: The Palm Beach Post January 20, 24, 1995 PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Monday, January 30, 1995, immediately following the meeting of the Local Planning Agency that is to be held at 5:01 P.M., in the Commission Chambers in the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483,will have on the agenda the adoption of the following: ORDINANCE NO. 95/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66 OF THE TOWN CODE OF ORDINANCES RELATING TO ZONING BY AMENDING ARTICLE I.T.. AND ARTICLE III THEREOF RELATING TO ARCHITECTURAL REVIEW AND PLANNING BOARD AND BOARD OF ADJUSTMENT, RESPECTIVELY, RESCINDING SAID ARTICLES IN THEIR ENTIRETY AND BY CREATING A NEW ARTICLE II.1 RELATING TO THE TOWN COMMISSION, SPECIFYING POWERS AND DUTIES AND PROCEDURES FOR VOTING; BY CREATING A NEW ARTICLE II.2 RELATING TO THE LOCAL PLANNING AGENCY, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE, PROCEDURES FOR MEETINGS, ETC.; BY CREATING A NEW ARTICLE II.3 RELATING TO BOARD OF ADJUSTMENT, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE, PROCEDURES FOR MEETINGS, COMPENSATION, ETC.; BY CREATING A NEW ARTICLE II.4 RELATING TO ARCHITECTURAL REVIEW AND PLANNING BOARD, SPECIFYING POWERS AND DUTIES, BOARD MEMBERSHIP, OFFICERS, QUORUM REQUIREMENTS AND RULES OF PROCEDURE PROCEDURES FOR MEETINGS, COMPENSATION, ETC.; BY CREATING A NEW ARTICLE II.5 RELATING TO PLANNING AND BUILDING ADMINISTRATOR'S POWERS AND DUTIES; BY AMENDING ARTICLE V, SITE PLANS, BY RECINDING SAID ARTICLE IN ITS ENTIRETY AND CREATING A NEW ARTICLE V.1 RELATING TO ARCHITECT- URAL /SITE PLAN REVIEW - LEVELS 1, 2 AND 3, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITY, STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING AP- PLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, REVISIONS, ETC.; BY CREATING A NEW ARTICLE V.2 RELATING TO VARIANCES, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, VARIANCE REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITIES, VARIANCE STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, ETC.; BY CREATING A NEW ARTICLE V.3 RELATING TO SPECIAL EXCEPTIONS, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, SPECIAL EXCEPTION REVIEW AUTHORITIES, ACTION BY REVIEW AUTHORITIES, SPECIAL EXCEPTION STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, PROVISIONS FOR VIOLATION OF CONDITION OF APPROVAL, MISREPRESENTATION, ETC.; BY CREATING A NEW ARTICLE V.4 RELATING TO APPEALS, SPECIFYING PURPOSE AND INTENT, APPLICABILITY, APPEAL REVIEW AUTHORITY, ACTION BY REVIEW AUTHORITY, APPEAL STANDARDS, PROCEDURES FOR SUBMITTING AND PROCESSING APPLICATIONS, MISREPRESENTATION, ETC.; BY AMENDING ARTICLE VI DISTRICT REGULATIONS AT DIVISION 2, RS SINGLE - FAMILY RESIDENTIAL DISTRICT, BY RESCINDING SAID DIVISION IN ITS ENTIRETY AND CREATING A NEW DIVISION 2, BY ADOPTING THE GULF STREAM DESIGN MANUAL WHICH ESTABLISHES FIVE SINGLE - FAMILY DISTRICTS, ALL REGULATIONS RELATING TO SAID DISTRICTS BEING ENCOMPASSED IN FULL WITHIN THE DESIGN MANUAL, HEREBY ADOPTING ARTICLES I THROUGH IX THEREOF NOT TO INCLUDE THE APPENDICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public in the office of the Town Clerk in Town Hall, 100 Sea Road, Gulf Stream, Florida. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS- SION WITH RESPECT TO ANY MATTER CONSIDERED AT THE 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. Dated: January 16, 1995 TOWN OF GULF STREAM Publish: Palm Beach Post Date of Publication: January 20, 1995 Rita L. Taylor 'Vlown Clerk Florida; that the attached copy of advertising, being a Notice in the matter of Public Hearing in the - -- Court, was published in said newspaper in the Issues of January 20, 1995 11.2 RELATING TO THE LI ARiant further says that the said The Post is a newspaper published at West Palm Beach, L NNING AGENCY So U' in said Palm Beach County, Florida, and that the said newspaper has heretofore been cEOns, pE BEIISHIP I continuously published In said Palm Beach County. Florida, daily and Sunday and has been r".EED "uHEANPHOCEUURes� entered as second class mail matter at the post otliee in West Palm Beach, in said Palm Beach INC nl "New AR .; By c�i County, Florida, for a period of one year next preceding the first publication of the attached JILT! T, BOA SPECIFI copy of advertisement; and affiant further says that she /he has neither paid nor promised MEMBEBSHIp, DUTIES. any person, firm or corporation any discount, rebate, commission or refund for the purpose POND° NLES EPNOCEi of securing this advertisement for publication in the said-newspaper. IP G/g.ED RES Foq ME COMPENSATIO ETC.; BY CREATING A N ARTICLE 11.4 RELATING ARCHITECTUHAL REVIEW A PLANNING BOARD, SPECI ---CAM IHG POWERS AHD DUTI BOARD MEMBERSHIP, Of CERS, pUORUM REGUII Sworn to and subscribed before m&this VENTS ANO PULES OF Pf �..y�day Of A.D- 199 5— " MEETINGSP ENS COMP F OFFICIAL NOTARY SEAL ETC.; BY CREATING A HI AA' / PLANNING IANB BOILBIING q BETTS D CULL iN MINISTflgTOfl'S POWERS At NOTARY PUBLIC STATE OF FLORIDA Bette D. Cullen, Notary Public DUTIES; BY AMENDING AR' COMMISSION NO. CC416773 CLE V, SITE PLANS, BY R MY COMMISSION EXP. DEC. 14,1998 CIN 1 T SAID pgTICLE IN Il ENTIRETY pryp CgEL IN 1 NEW ARTICLE V.1 RELATIN Personally ]mown _ or uced Identification To ARCNricr- .,,.... ._._ Type of Identification Produced W. V.3 Dr. BY AP- The proposed ordinance no- ticed here to avallable to the Public In the office of the Town Clark In Town Hell, loo Sea Read, Gulf Stream, Florl- An ry SEEK TO APPEAL DECISION MADE BY THE MISSION WITH RESPECT ANY MATTER CONSIDEREI THE PUBLIC HEARING, ; PARTY WILL NEED p qEC OF THE PHOCEE01NG5, 'Ofl SUCH PURPOSE, /EEO TO INSURE THA1 /EgBATIM flECORO OF 'ROCEED INGS IS MA YHICH RECORD INCLUI 'HE TESTIMONY AND IENCE DPOH WHICH THE 'SAL IS TO BE BASED. gated: January to, 1995 OWN OF GULF STREAM Its L. Tethe, ' Town Clark US : TAa Pelm Beach Poet :5 IN I BE. NO. 838814 PUBLIC HEARING THE PALM BEACH POST the TTown Commbabin ,,or the Town pr Galf Stream, FI9Hda, Published Daily and Sunday at A public hearing to be half on Monday, January 30, 1995, January West Palm Beach, Palm Beach County, Florida the mitin9 tof the Agency that Is to be held at 5:01 P.M., In the Commlaslon In PROOF OF PUBLICATION 100 Be- Read, C Gulf Stream,' STATE OF FLORIDA Florida 33083, will heva on the agenda the Adoption of the following: COUNTY OF PALM BEACH ORDINANCE NO. 95:'1: AN OR. D OF THE TOWN COM- MISSION OF THE TOWN OF ? "FLOPIDA, Before the undersigned authority personally appeared Chris Bull COUNTY AyEND- ING Class Sales m r who on oath says that she /he is 4 of The Palm Beach Post, CHAPTER 88 OF THE RELATINGB TOF ZON NG ES AMENDING ARTICLE II a ally and Sunday newspaper published at West Palm Beach in Palm Beach County, ARTICLE III THEREOF RELAT- T ERE LA - IN TO AgCHITECTURAL RE. Florida; that the attached copy of advertising, being a Notice in the matter of Public Hearing in the - -- Court, was published in said newspaper in the Issues of January 20, 1995 11.2 RELATING TO THE LI ARiant further says that the said The Post is a newspaper published at West Palm Beach, L NNING AGENCY So U' in said Palm Beach County, Florida, and that the said newspaper has heretofore been cEOns, pE BEIISHIP I continuously published In said Palm Beach County. Florida, daily and Sunday and has been r".EED "uHEANPHOCEUURes� entered as second class mail matter at the post otliee in West Palm Beach, in said Palm Beach INC nl "New AR .; By c�i County, Florida, for a period of one year next preceding the first publication of the attached JILT! T, BOA SPECIFI copy of advertisement; and affiant further says that she /he has neither paid nor promised MEMBEBSHIp, DUTIES. any person, firm or corporation any discount, rebate, commission or refund for the purpose POND° NLES EPNOCEi of securing this advertisement for publication in the said-newspaper. IP G/g.ED RES Foq ME COMPENSATIO ETC.; BY CREATING A N ARTICLE 11.4 RELATING ARCHITECTUHAL REVIEW A PLANNING BOARD, SPECI ---CAM IHG POWERS AHD DUTI BOARD MEMBERSHIP, Of CERS, pUORUM REGUII Sworn to and subscribed before m&this VENTS ANO PULES OF Pf �..y�day Of A.D- 199 5— " MEETINGSP ENS COMP F OFFICIAL NOTARY SEAL ETC.; BY CREATING A HI AA' / PLANNING IANB BOILBIING q BETTS D CULL iN MINISTflgTOfl'S POWERS At NOTARY PUBLIC STATE OF FLORIDA Bette D. Cullen, Notary Public DUTIES; BY AMENDING AR' COMMISSION NO. CC416773 CLE V, SITE PLANS, BY R MY COMMISSION EXP. DEC. 14,1998 CIN 1 T SAID pgTICLE IN Il ENTIRETY pryp CgEL IN 1 NEW ARTICLE V.1 RELATIN Personally ]mown _ or uced Identification To ARCNricr- .,,.... ._._ Type of Identification Produced W. V.3 Dr. BY AP- The proposed ordinance no- ticed here to avallable to the Public In the office of the Town Clark In Town Hell, loo Sea Read, Gulf Stream, Florl- An ry SEEK TO APPEAL DECISION MADE BY THE MISSION WITH RESPECT ANY MATTER CONSIDEREI THE PUBLIC HEARING, ; PARTY WILL NEED p qEC OF THE PHOCEE01NG5, 'Ofl SUCH PURPOSE, /EEO TO INSURE THA1 /EgBATIM flECORO OF 'ROCEED INGS IS MA YHICH RECORD INCLUI 'HE TESTIMONY AND IENCE DPOH WHICH THE 'SAL IS TO BE BASED. gated: January to, 1995 OWN OF GULF STREAM Its L. Tethe, ' Town Clark US : TAa Pelm Beach Poet :5 IN I BE.