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HomeMy Public PortalAbout05/12/1995MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Alan I. Armour James E. Cross Joan K. Orthwein A. Curtis True, M.D. May 4, 1995 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION/ BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 12, 1995, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. VA" D1 kN I Oil I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of April 7, 1995. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements A. Regular Meeting to be held on June 9, 1995 at 9:00 A.M. VII. PUBLIC HEARING -Board of Adjustment (Continued from March 10, 1995 and April 7, 1995) A. Terence Cudmore, as agent for Robert & Alva Craft, contract purchasers of a parcel of land with 100' frontage on State Road AlA that is presently owned by William & Gail Bradbury, and located at 1357 N. Ocean Blvd., legally described as the north 101' of parts of Lots 4 & 5, Block D, Revised Plat of Blocks D & E of Palm Beach Shores Acres subdivision. 1. AIA VEGETATIVE DISTURBANCE PERMIT -TO permit construction of a driveway entrance onto the property from State Road AlA. VIII. Reports. A. Town Manager 1. Bi- monthly water report 2. Update on Intracoastal Water Line Crossing (J 3. Quasi - Judicial Development Review Process a. Applications b. Notice C. Review Standards d. Staff Report e. Site Visits f. Use of, and Advise from, Outside Professionals g. Public Hearings (1) Swearing -in (2) Presentations by Applicant (3) Comments by staff (4) Comments by Outside Professionals (5) Public Comment (G) Final Remarks by Applicant (7) Executive Session (8) Cross - examination (9) Role of the Chair h. Fact Finding i. Motions B. Town Attorney C. Architectural Review and Planning Board 1. Regular Meeting to be held on May 24, 1995 D. Finance Director 1. Finance Report for March, 1995 2. Finance Report for April, 1995 E. Police Report for April, 1995 F. Construction in Progress in April, 1995 May 4, 1995 AGENDA CONTINUED ^ IX. Items for Commission Action. A. Co- hosting the June Palm Beach County Municipal League Meeting B. Appointment of 1 member to the Architectural Review and Planning Board C. Ordinances 1. #95/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY FLORIDA, PURSUANT TO CHAPTER 163.3161, ET SEQ., FLORIDA STATUTES, ADOPTING CERTAIN AMENDMENTS TO THE TOWN OF GULF STREAM COMPREHENSIVE PLAN ADOPTED JULY 7, 1989, AS AMENDED, BY AMENDING THE FUTURE LAND USE ELEMENT BY INCLUDING A SUPLEMENT TO THE TEXT OF THE ELEMENT TO IDENTIFY CERTAIN PROPERTIES IN THE TOWN OWNED BY THE FLORIDA INLAND NAVIGATION DISTRICT AS MATERIALS MANAGEMENT AREAS; TO REVISE THE PUBLIC "P" FUTURE LAND USE CATEGORY TO INCLUDE MATERIALS MANAGEMENT AREAS AS A PERMITTED USE; AND SO AS TO INCORPORATE THE TOWN OF GULF STREAM DESIGN MANUAL AND THE FINDINGS AND GOALS OF THE 1994 COMMUNITY CHARACTER SURVEY IN THE LAND USE ELEMENT; FURTHER TO AMEND THE FUTURE LAND USE MAP TO ASSIGN THE PUBLIC "P" FUTURE LAND USE CATEGORY TO CERTAIN PROPERTIES OWNED BY FIND; AND SO AS TO REVISE THE GOALS, OBJECTIVES AND POLICIES SECTION OF THE FUTURE LAND USE ELEMENT TO REFLECT THE ITEMS ADDRESSED IN THE SUPPLEMENT. (1st reading) 2. #95/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAI ZONING ORDINANCE OF THE TOWN, ORDINANCE NO. 92/2, AS AMENDED, SO AS TO REZONE TWO PARCELS OF LAND OWNED BY THE FLORIDA INLAND NAVIGATION DISTRICT KNOWN AS MSA 640 AND 640A AND MSA 641A TO "P" PUBLIC FACILITIES DISTRICT; FURTHER AMEND- ING THE CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE VI, DISTRICT REGULATIONS, AT DIVISION 6, PUBLIC FACILITIES DISTRICT, SECTION 66 -292, PERMITTED USES, TO INCLUDE DREDGED MATERIALS MANAGEMENT AREAS AND ASSOCIATED ANCILLARY USES INCLUDING, BUT NOT LIMITED TO, PASSIVE PARKS AS PERMITTED USES. (1st reading) D. Resolutions 1. #95 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, IN SUPPORT OF LEGISLATION PENDING BEFORE THE U.S. CONGRESS TO REFORM THE SAFE DRINKING WATER AC4 2• #95 -7; A RESOLUTION OF APPRECIATION TO KATHLEEN S. WALLACE FROM THE TOWN COMMISSION OF THE TOWN OF GULF STREAM. E. Items by Mayor and Commissioners. X. Correspondence. A. Resolution #95 -208 Supporting and Recommending that the Florida Legislature enact a similar law to the "Congressional Account- ability Act of 1995" passed by the United States Congress in order to subject the Fla. Legislature to the same laws that it imposes on other persons or entities. -Town of Hypoluxo B. Resolution #28 -95 objecting to any recommendation to eliminate the Urban Forester Program that is administered through the Dept. of Agriculture and Consumer Services, within the Div. of Forestry, resulting in the elimination of all Urban Foresters statewide. -City of Lake Worth XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS - SION /BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COM- MISSION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 12, 1995, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II. C , III. Mayor Koch called the meeting to order at 9:00 A.M. Pledge of Allegiance. Former Commissioner Kathleen S. Wallace was asked to lead the Pledge of Allegiance and she did so. Roll Call. Present and participating: Also present & participating: William F. Koch, Alan I. Armour James E. Cross Joan K. Orthwein A. Curtis True, M Jr. Mayor Vice Mayor Commissioner Commissioner .D. Commissioner E. Scott Harrington John Randolph Rita Taylor William Gwynn Robert Schultz William Lynch Tom Field Town Manager Town Attorney Town Clerk Finance Director Police Chief Pres. Place AuSoleil Assoc, Agent for Mr. Craft At this point, Mayor Koch asked Former Commissioner Kathleen S. Wallace to step forward. He then directed that the Town Clerk read Resolution No. 95 -7, A Resolution of Appreciation to Kathleen S. Wallace from the Town Commission of the Town of Gulf Stream. Commissioner Armour moved and Commissioner Cross seconded that Resolution No. 95 -7 be adopted. Roll Call: Comm. Orthwein, AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mayor Koch then presented Mrs. Wallace with a silver plaque which displayed the substance of the resolution and was signed by the Mayor and each member of the Commission. Mrs. Wallace expressed her confidence in those responsible for the Town and it's operation, and added that being on the Town Commission had been a gratifying and pleasureable experience. IV. Minutes of the Regular Meeting of April 7, 1995. Commissioner Armour moved and Commissioner Cross seconded that the minutes of April 7, 1995 be approved as circulated and all voted AYE. V. t of agenda items. Mayor Koch asked that Item VIII.D., Finance Director's Report, be heard first under VIII., Reports. There were no objections. C VI. Announcements. A. Regular Meeting to be held on June 9, 1995 at 9:00 A.M. Mayor Koch made this announcement. Town Manager Harrington suggested that the July, 1995 meeting be held on July 21, 1995 rather than the regular date of July 14, 1995 in order to give more time to the preparation of the proposed 1995 -1996 budget which will be presented at that meeting. All were agreeable to this date. Regular Meeting & Public Hearing Town Commission -May 12, 1995 page 2 VII. PUBLIC HEARING -Board of Adjustment (Continued from March 10 1995 and April 7, 1995) A. Terence Cudmore, as agent for Robert & Alva Craft, contract purchasers of a parcel of land with 100' frontage on State Road AlA that is presently owned by William & Gail Bradbury, and located at 1357 N. Ocean Blvd., legally described as the north 101' of parts of Lots 4 & 5, Block D, Revised Plat of Blocks D & E of Palm Beach Shores Acres subdivision. 1. AlA VEGETATIVE DISTURBANCE PERMIT -To permit construction of a driveway entrance onto the property from State Road AlA. Inasmuch as there was no representative present, Mayor Koch directed that action on this matter be delayed until later in the meeting when it is expected that a representative will be present. VIII. Reports. D. Finance Director 1. Finance Report for March, 1995 William Gwynn, Finance Director,advised that 90% of the ad valorem tax receipts has been received and that the $7,446.31 shown as revenue from the Half Cent Sales Tax represents 2 months. He pointed out that when comparing the revenue received and the expenditures made with the budgeted amounts, there is reflected an excess of $60,541 in favor of the Town. 2. Finance Report for April, 1995 Mr. Gwynn stated that this report reflects 93.2% of the ad valorem tax money has been received and that money is now being transferred from the invested funds to help cover operating expenses as is expected each year. He added that the Monthly Budget Projection shows a cushion of $38,530 at the end of April, 1995. Commissioner Armour moved and Commissioner True seconded that the Financial Report for March, 1995 and the Financial Report for April, 1995 be approved as presented. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. A. Town Manager 1. Bi- monthly water report Mr. Harrington was pleased to report that due to there being a fair amount of rain the past few months, and the implementation of the new rate schedule, water consumption is at a 6 year low. He stated that if this continues, it may impact the budget for 1995 -1996 making it possible to lower the Water Fund Budget from $509,000 to approximately $500,OOOor less C 2. Update on Intracoastal Water Line Crossing Town Manager Harrington advised that the first boring contractor had walked off the job and a second was hired at once by the contractor with whom the Town contracted for the work. He went on to advise that the second contractor encountered a considerable amount of very hard rock;in the center of the waterway and it has taken three weeks for them to complete the boring and insert the pipe. Mr. Harrington said that the connections are in the process of being finished and the line should be back in service by early next week. He added that water is currently being supplied by the City of Boynton Beach through an existing connection the Town has for emergency situations. Mr. Harrington thanked Mr. Von Essen, Mr. Gilmore and the Gulf Stream Golf Club for their patience and understanding during this construction period, since their properties have been impacted greatly during this construction period. Regular Meeting & Public Hearing Town Commission -May 12, 1995 page 3 3. Quasi - Judicial Development Review Process a. Applications. Town Manager Harrington distributed copies of the Development Application that is currently being used and explained that he will be upgrading it to incorporate the new review standards in the Design Manual. He went on explain that the review standards are formatted in the application as questions for the applicant to address, placing the burden of proof on the applicant at the beginning of the process. Mr. Harrington then explained each section of the application, adding that some of it will most likely not be distributed to the Board as it is intended for staff reference in processing the application. b. Notice Mr. Harrington stated that in all types of the development approval process, some type of notice is required. He added that the number of property owners receiving notification of the application will vary with the level of review. C. Review Standards The Town Manager called attention to the review standards that are listed in Section 66 -144 (b) of the Code of Ordinances, and pointed out that the applications must be consistent with all of these standards. He advised that the first eight are more or less cut and dried and then reviewed each of the remaining standards in detail. Mr. Harrington then advised that the variance procedure and standards have not changed, remind- ing that it is very difficult to justify a variance in that the applicant must prove that the property is unique from any others and that there exists a genuine hardship. With that explained, he referred to the sections on Special Exceptions and pointed out that in granting a Special Exception as opposed to a Variance, the mattersof uniqueness and hardship are not a consideration but it is necessary that the Special Exception meet all 9 standards as set out in the Code of Laws and Ordinances as well as those standards both general and specific that are found in the Design Manual, a total of 25 standards altogether. He emphasized that these 25 standards are all that can be considered in deciding the matter of a Special Exception Application, and that when making a motion for or against granting the same, the standard /s should be cited, speaking in the language of the Code. Mr. Harrington then explained that design standards contained in the Design Manual ate either mandatory or discretionary, with the terms "Preferred" and "Discouraged" being discretionary. He pointed out that it clearly states that incorporating preferred items into a design increases the probability of, but does not assure, project approval, and incorporating discouraged items into a design decreases the probability of project approval and may result in project denial. He stated that when reviewing a project containing "Discouraged" items, it should be remembered that the code is saying that these items are bad and as such, the burden is on the applicant to show how these "bad" items are acceptable when they are incorporated into the design that is being reviewed. He closed on the item of Review Standards by advising that compliance is mandatory for project approval where "Required" items are involved and the use of "Prohibited" elements mandates project denial. Regular Meeting & Public Hearing Town Commission -May 12, 1995 page 4 d. Staff •Report Town Manager Harrington advised that he will address which standards are not met,and why they are not met, in his staff reports. He further advised that he will make a recommendation in each report, and cite which standard /s influenced his recommendation. He emphasized that the Board should not feel obligated to follow his recommendations as information brought forth at the hearing may offer a different prospective. q. Site visits In view of the quasi - judicial nature of the Board, Mr. Harrington advised that there should be no independent fact gathering by individual members as this should be done when sitting as a body in the public hearing. He stated that if an individual member wanted anything in relation to the application, they should contact him and not discuss the project with the applicant or anyone else. He advised that if it was felt to be necessary to visit the site, it must be done as a body in session. f. Use o£, and Advise from, Outside Professionals Mr. Harrington stated that Mr. Skokowski will most likely be called upon to assist with interpretation of the Design Manual as it relates to a specific project. He advised that this may either be in the form of having him appear at the hearing or having a written report from him to present at the hearing. Mr. Harrington reminded Mr. Skokowski would be commenting only with regard to how the project complies with the Design Manual and he should not be questioned about any thing that is contained in the rest of the Code of Ordinances. The same would apply to other professionals that may be involved. g. Public Hearings (1) Swearing -in Mr. Harrington advised that the Town Clerk would swear in all witnesses that would appear at the hearings and'that it would be done in a group prior to presentation of the project. (2) Presentations by Applicant The Town Manager stated that the applicant should present his project and exhibits at the beginning. (3) Comments by staff Mr. Harrington stated that he would verbally present a summary of his report which will have been delivered to board members with their agenda packets. (4) Comments by Outside Professionals The Town Manager then advised that if an outside professional is involved, their remarks should be received at this time, following his report. He once again mentioned that professionals should only be questioned in their area of expertise. (5) Public Comment Town Manager Harrington reminded that these are public hearings and as such, the public must be offered an opportunity to be heard and ask questions. (6) Final Remarks by Applicant The applicant should be given an opportunity for final comment as there may have been information and comment from those present, Mr. Harrington said. (7) Executive Session Mr. Harrington advised that the Board should announce and hold an executive session at this point during which only discussion would be held between the members of the Board and staff with comment from the applicant and public having been cut -off. (8) Cross - examination Prior to the executive session, an opportunity for cross examination from both sides with the applicant being given the last word, Mr. Harrington said. Regular Meeting & Public Hearing Town Commission -May 12, 1995 page 5 (9) Role of the Chair Town Manager Harrington pointed out that often the applicant /s or persons from the public will branch off the matter at hand and into something that is irrelevant. He suggested that the Chair should cut -off irrelevant remarks and comment so that this would not be construed to have been given any consideration when making a decision. Ch. Fact Finding Mr. Harrington stated that in rendering a decision, the reason for the decision must be given and it should be tied to the language of the code, not just a statement that the project does not meet the provisions code, but in what way does it not meet what standard. This holds true also in approving a project, he said. i. Motions Mr. Harrington advised that his recommendation will be in the form of a motion that contains a finding of fact. He once again emphasized that all motions that are made should make reference as to which standards apply, and that while his recommendation will contain a finding of fact, the Commission is not bound by this. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review and Planning Board 1. Regular Meeting to be held on May 24, 1995 This announcement was made by Town Manager Harrington. D. Finance Director This item was heard earlier on the agenda. At this point in the meeting, it was noted that a representative for Mr. Craft had arrived and Mayor Koch directed that Item VII., PUBLIC HEARING, be held at this time. Mr. Tom Field, representing Terence Cudmore, the agent for Mr. & Mrs. Robert Craft, was sworn in by the Town Clerk. Mr. Harrington briefly reviewed the history on this request for an AlA Vegetative Disturbance Permit for the property at 1357 N. Ocean Blvd. that is under development, the site plan for which having been approved at a previous meeting. Mr. Field stated that there had been some question about the fence that had been planned for the property line along AlA in that it did not fit in with the surrounding area. He advised that the fence has been deleted on the new plan and that while they are requesting permission to install the gates as shown on the drawing, it was not certain that gates would be used, or at least not at this time. Commissioner True asked if the Australian pine that is shown on the property would remain and was assured by Mr. Field that there would be no Australian pine removed. Commissioner Armour moved that the AlA Vegetative Disturbance Permit be granted as requested as the project is consistent with all applicable standards set out in Chapter 66, Article VII. of the Zoning Code, based on the materials submitted by the applicant. Commissioner True seconded the motion. There being no comment from the public, either during the discussion or at this time, Roll Call is as follows: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mayor Koch directed that the remainder of the meeting will follow the order of the agenda. Regular Meeting & Public Hearing Town Commission -May 12, 1995 page 6 E. Police Report for April, 1995 Chief Robert Schultz presented his department's monthly statistics and added that two new Ford police cars arrived in April and are in the process of being prepared for service as marked units. Commissioner Armour moved to accept the report, seconded by Commissioner Orthwein and all voted in the affirmative. C F. Construction in Progress in April, 1995 The report reflected that there was $8,100,125 worth of construction in progress in the month of April, 1995. IX. Items for Commission Action. A. Co- hosting the June Palm Beach County Municipal League Meeting Town Manager Harrington advised that the Town has not hosted a meeting since early in 1993. He advised that the Town Manager in Ocean Ridge had asked if Gulf Stream would be interested in Co- hosting the June meeting with Ocean Ridge. Mr. Harrington stated that the last meeting the Town co- hosted was held in the Bethesda Hospital Conference Room and the cost had been approximately $500.00 for each town. Commissioner Armour moved and Commissioner Orthwein seconded that the Town of Gulf Stream co -host the June 24, 1995 Municipal League Meeting with Ocean Ridge. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Appointment of 1 member to the Architectural Review and Planning Board During the discussion, the Commissioners agreed that an Alternate member should be moved into a regular member status and the new member on the board would be the alternate. Commissioner Orthwein nominated Sara Winston as a Regular Member of the ARPB. There were no other nominations and Commissioner Cross moved and Commissioner Armour seconded that the nominations be closed and one un- animous ballot be cast for Mrs. Winston. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Orthwein called attention to a letter from Bettina Smith, 1122 N. Ocean Boulevard, expressing interest in serving on the ARPB and thennominated Mrs. Smith as an Alternate Member of the ARPB. The members of the Commission indicated that they were acquainted with Mrs. Smith and felt she was a good choice. Commissioner True moved and Commissioner Armour seconded that the nominations be closed and that one unanimous ballot be cast for Mrs. Smith to serve as an Alternate Member of the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. ordinances 1. #95/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY FLORIDA, PURSUANT TO CHAPTER 163.3161, ET SEQ., FLORIDA STATUTES, ADOPTING CERTAIN AMENDMENTS TO THE TOWN OF GULF STREAM COMPREHENSIVE PLAN LAND USE ELEMENT BY INCLUDING A SUPPLEMENT TO THE TEXT OF THE ELEMENT TO IDENTIFY CERTAIN PROPERTIES IN THE TOWN OWNED BY THE FLORIDA INLAND NAVIGATION DISTRICT AS MATERIALS MANAGEMENT AREAS; TO REVISE THE PUBLIC "P" FUTURE LAND USE CATEGORY TO INCLUDE MATERIALS MANAGEMENT AREAS AS A PERMITTED USE; AND SO AS TO INCORPORATE THE TOWN OF GULF STREAM DESIGN MANUAL AND THE FINDINGS AND GOALS OF THE 1994 COMMUNITY CHARACTER SURVEY IN THE LAND USE ELEMENT; Regular Meeting & Public Hearing Town Commission -May 12, 1995 page 7 FURTHER TO AMEND THE FUTURE LAND USE MAP TO ASSIGN THE PUBLIC "P" FUTURE LAND USE CATEGORY TO CERTAIN PROPERTIES OWNED BY FIND; AND SO AS TO REVISE THE GOALS, OBJECTIVES AND POLICIES SECTION OF THE FUTURE LAND USE ELEMENT TO REFLECT THE ITEMS ADDRESSED IN THE SUPPLEMENT. (1st reading) Mayor Koch asked for public comment and William Lynch, 945 Emerald Row, Gulf Stream, Florida stated he was very much in favor of this. Commissioner Armour moved that Ordinance #95/2 be adopted on first reading. The motion was seconded by Commissioner True. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. #95/3; 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. 92/2, AS AMENDED, SO AS TO REZONE TWO PARCELS OF LAND OWNED BY THE FLORIDA INLAND NAVIGATION DISTRICT KNOWN AS MSA 640 AND 640A AND MSA 641A TO "P" PUBLIC FACILITIES DISTRICT; FURTHER AMENDING THE CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE VI, DISTRICT REGULATIONS, AT DIVISION 6, PUBLIC FACILITIES DISTRICT, SECTION 66 -292, PERMITTED USES, TO INCLUDE DREDGED MATERIALS MANAGEMENT AREAS AND ASSOCIATED ANCILLARY USES INCLUDING, BUT NOT LIMITED TO, PASSIVE PARKS AS PERMITTED USES. (1st reading) Once again Mayor Koch asked for public comment and Mr. Lynch voiced his approval once again. Commissioner Armour moved and Commissioner True seconded that Ordinance #95/3 be adopted on first reading. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Resolutions 1. #95 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, IN SUPPORT OF LEGISLATION PENDING BEFORE THE U.S. CONGRESS TO REFORM THE SAFE DRINKING WATER ACT. Commissioner Armour moved and Commissioner True seconded that Resolution #95 -6 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. #95 -7; A RESOLUTION OF APPRECIATION TO KATHLEEN S. WALLACE FROM THE TOWN COMMISSION OF THE TOWN OF GULF STREAM. This matter was concluded earlier on the agenda. X. Correspondence A. Resolution #95 -208 Supporting & Recommending that the Florida Legislature enact a similar law to the "Congressional Account- ability Act of 1995" passed by the United States Congress in order to subject the Fla. Legislature to the same laws that it imposes on other persons or entities. -Town of Hypoluxo. This was made a part of the record. B. Resolution #28 -95 objecting to any recommendation to eliminate the Urban Forester Program that is administered through the Dept. of Agriculture and Consumer Services, within the Div. of Forestry, resulting in the elimination of all Urban Foresters statewide. -City of Lake Worth. This was made a part of the record. Regular Meeting & Public Hearing Town Commission -May 12, 1995 page 9 Mayor Koch advised that he had received a letter from Palm Beach County Commissioner Mary McCarty in which it was requested that a date be set for a workshop meeting with the Commission and Comm. McCarty. The Town Manager was directed to contact the Commissioner and arrange for her to appear at the end of the June, 1995 Regular Meeting. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:30 A.M. Pz K r �/W L Rita L. Taylor, Trn Clerk U 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 Friday, June 9, 1995 at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 95/2: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PURSUANT TO CHAPTER 163. 3161,, ET SEQ., FLORIDA STATUTES, ADOPTING CERTAIN AMENDMENTS TO THE TOWN OF GULF STREAM COMPREHENSIVE PLAN ADOPTED JULY 7, 1989, AS AMENDED, BY AMENDING THE FUTURE LAND USE ELEMENT BY INCLUDING A SUP- PLEMENT TO THE TEXT OF THE ELEMENT TO IDENTIFY CERTAIN PROPERTIES IN THE TOWN OWNED BY THE FLORIDA INLAND NAVIGATION DISTRICT AS MATERIALS MANAGEMENT AREAS; TO REVISE THE PUBLIC "P" FUTURE LAND USE CATEGORY TO INCLUDE MATERIALS MANAGEMENT AREAS AS A PERMITTED USE; AND SO AS TO INCORPORATE THE TOWN OF GULF STREAM DESIGN MANUAL AND THE FINDINGS AND GOALS OF THE 1994 COMMUNITY CHARACTER SURVEY IN THE LAND USE ELEMENT; FURTHER TO AMEND THE FUTURE LAND USE MAP TO ASSIGN THE PUBLIC "P" FUTURE LAND USE CATEGORY TO CERTAIN PROPERTIES OWNED BY FIND; AND SO AS TO REVISE THE GOALS, OBJECTIVES AND POLICIES SECTION OF THE FUTURE LAND USE ELEMENT TO REFLECT THE ITEMS ADDRESSED IN THE SUPPLEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. and ORDINANCE NO. 95/3: 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. 92/2, AS AMENDED SO AS TO REZONE TWO PARCELS OF LAND OWNED BY THE FLORIDA INLAND NAVIGATION DISTRICT KNOWN AS MSA 640 AND 640A AND MSA 641A TO "P" PUBLIC FACILITIES DISTRICT; FURTHER AMENDING THE CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE VI, DISTRICT REGULATIONS, AT DIVISION 6, PUBLIC FACILITIES DISTRICT, SECTION 66 -292, PERMITTED USES, TO INCLUDE DREDGED MATERIALS MANAGEMENT AREAS AND ASSOCIATED ANCILLARY USES INCLUDING, BUT NOT LIMITED TO, PASSIVE PARKS AS PERMITTED USES; 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPORSE, MAY NEED TO INSURE THAT A VERBATIM TRANSCRIPT 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: May 12, 1995 Publish: Palm Beach Post Date of Publication: May 29, 1995 TOWN OF GUTyj' STREAMRIDA Rita L. Tay o , .' wn er c e YMHKS AS PERMITTED ES; PROVIDING FOR BEV. kBILITY; PROVIDING FOR 'EAL OF ORDINANCES IN NFLICT; PROVIDING FOR DIFICATION; PROVIDING EFFECTIVE DATE. Proposed ordinance no- d here Is available to the no in the Office of the In Clark In Town Hall, 100 Road, Gull Stream, Fluff. 'ULD ANY INTERESTED TY SEEK TO APPEAL ANY ISION MADE BY THE IN COMMISSION WITH RE. CT TO ANY MATTER CON :RED AT THE PUBLIC RING, SAID PARTY WILL 0 A RECORD OF THE PRO. DINGS, AND FOR SUCH 'OSE, MAY NEED TO IN- . THAT A VERBATIM (SCRIPT OF THE PRI )INGS IS MADE, WHICH )RD INCLUDES THE TES - NY AND EVIDENCE UPN '.H THE APPEAL IS TO BE ID. 288.0105, F.S.S. 1: MeY 12, IBBS V OF GULF STREAM, FDA to L TaYlar, Town Clark Th. Palm Beach Poet THE PALM BEACH POST NOTICE SNEBEBY, G that the Town Cammbslon of the Town Published Daily and Sunday of Gull been' F.1 adde, B1 a peb11c ^Bering to hem West Palm Beach, Palm Beach County, Florida g:oo A.M�, in the % 1!gisian Chambers of the town Hall, 1DO Sea Aced, Gut, Stream, PROOF OF PUBLICATION Florida, will have on the agan- If the adoption of the mecw. STATE OF FLORIDA ORDINANCE NO. 95,2- AN OR. DINANCE OF THE TOWN COM. MISSION OF THE TOWN OF C COUNTY OF PALM BEACH GULF STREAM, FLORIDA, pOpS H PALM BEACH COUNTY, FLO , ANT TO CHAPTER 183. 3181, Before the undersigned authority personally appeared Chris Bull ET SEC., FLORIDA STATUTES, ADOPTING CERTAIN AMEND - who on oath says that she /he is Class Sales Mqr MENTS TO THE TOWN GF GULF STREAM W of The Palm Beach Post, SIVE P ADOPTED JULY a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, As AMENDED FUTUAE'LAND BV AMENING THE USE ELEMENT Florida; that the attached copy of Vvyli$ing, befnE $ Notice - r rid �- BY INCLUDING A SUPPLEMENT TO THE TEXT OF THE FY ERTAINMPROPERT finance 9 j In the matter of ESN IN THE TOWN OWNED BY THE FLORIDA INLAND NAVIGATION In the Court, was published in said er news a in P P DISTRICT AS MATERIALS MANAGEMENT AREAS; TO RE- the issues of May 29, 1995 VISE THE PUBLIC P" FU. TURE LAND USE CATEGORY TO INCLUDE MATERIALS MAN- AGEMENT AREAS AS A PER. Atliant further says that the said The Post IS a newspaper published at West Palm Beach, MITTED AND SO AS To INCORPORATE THE TOWN OF in said Palm Beach County, Florida, and that the said newspaper has heretofore been GULF STREAM DESIGN MAN- UAL AND THE FINDINGS AND continuously published in said Palm Beach County, Florida, dally and Sunday and has been GOALS TER ELEMENT; entered as second class.nail matter at the post office in West Palm Beach, in said Palm Beach THE LANDA FURTHER TO AMEND Florida, for a period of one year next preceding the first publication of the attached PUBLIC copy of advertisement; and afliant further says that she /he has neither paid nor promised TURN LANG USS CATEGORY TO CERTAIN OWNED any person, firer or corporation any discount, rebate, commission or refund for the purpose BY F N0; AND STIES TO R IIS E GOALS of securing this advertisement for publication in the d newspaper. V AND CI S SEG FUT THEN ELEMENT REF AND THE ITEMS ADDRESSED IN THE SUPPLEMENT; PROVID- ING FOR SEVERABILITY; PRO. VIDING FOR THE REPEAL OF u ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE Sworn to and subscribed before me this 3 1 da of Y A.D. 19 9 5 DATE. and ORDINANCE OFFICIAL NOTARY S SAL NO, 95, 3: AN ON. DINANCE OF THE TOWN COM- KAREN M MCLINTON MISSION OF THE TOWN OF GULF STREAM, PALM BEACH NOTARY PUBLIC STATE OF FLORIDA Karen M. McLinton, Notary Pub is �oMMIhS(ON NO. cczauieo COUNTY, FLORIDA, AMEND - OR THE OFFICIAL ZONING ORDINANCE OF THE TOWN, 1_ %.'Y COMMISSION FXP. NOV. 15 1996 ORDINANCE NS O RE AS AS TO REZONE TWO Personally known XX or Produced Identification PA CE TWO PARCELS OF LAND OWNED BY THE FLORIDA LAND NAVIGATION DISTRICT Type of Identification Produced KNOWN AS FA MST MIA TO "— PUBLIC FACILITIFS nwTmn.. I e YMHKS AS PERMITTED ES; PROVIDING FOR BEV. kBILITY; PROVIDING FOR 'EAL OF ORDINANCES IN NFLICT; PROVIDING FOR DIFICATION; PROVIDING EFFECTIVE DATE. Proposed ordinance no- d here Is available to the no in the Office of the In Clark In Town Hall, 100 Road, Gull Stream, Fluff. 'ULD ANY INTERESTED TY SEEK TO APPEAL ANY ISION MADE BY THE IN COMMISSION WITH RE. CT TO ANY MATTER CON :RED AT THE PUBLIC RING, SAID PARTY WILL 0 A RECORD OF THE PRO. DINGS, AND FOR SUCH 'OSE, MAY NEED TO IN- . THAT A VERBATIM (SCRIPT OF THE PRI )INGS IS MADE, WHICH )RD INCLUDES THE TES - NY AND EVIDENCE UPN '.H THE APPEAL IS TO BE ID. 288.0105, F.S.S. 1: MeY 12, IBBS V OF GULF STREAM, FDA to L TaYlar, Town Clark Th. Palm Beach Poet