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HomeMy Public PortalAbout10/18/1996PUBLIC HEARING CHANGE OF MEETING DATE NOTICE IS HEREBY GIVEN that the Public Hearing that was originally scheduled for October 11, 1996 at 9:00 A.M. has been rescheduled and will be held on October 18, 1996 at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida. At this Public Hearing, two Applications for Development Approval submitted by H. Frank Lahage & Associates, Inc., as Agent for Mr. & Mrs. Paul Malnove, owners of the property located at 1535 N. Ocean Blvd., Gulf Stream, Florida shall be considered by the Town Commission. The details of this proposed project were listed in the Notice of Application for Development Approval dated September 11, 1996. Complete application materials are 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 PARTIES INTERESTED IN THIS MATTER may appear before the Town Commission on Friday, October 18, 1996 at 9:00 A.M. in the Commission Chambers of the Town Hall and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE Town COMMISSION WITH RESPECT 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. Dated: October 4, 1996 TOWN OF GULF STREAM, FLORIDA October 11, 1996 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Joan K. Orthwein A. Curtis True, M.D. REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 18, 1996, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM FLORIDA 33483. AGENDA Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. September 4, 1996 1. Regular Meeting 2. Public Hearing (budget) B. September 20, 1996 1. S.Aecial Meeting 2. Public Hearing (budget) V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meeting & Public Hearing - November 8, 1996 at 9 A.M. B. Regular Meeting &Public Hearing - December 13, 1996 at 9 A.M. C. Regular Meeting & Public Hearing- January 10, 1996 at 9 A.M. VIl. PUBLIC HEARING -Board of Adjustment. A. Applications for Development Approval 1. H. Frank Lahage & Associates, Inc., as agents for Mr. & Mrs. Paul Malnove, owners of the property located at 1535 N. Ocean Blvd., Gulf Stream, Florida, legally described as the N 200' of the S 268' of Govt. Lot 1 east of Ocean Blvd., Section 10, Township 46 South, Range 43 East. a. SUBDIVISION REVIEW -To permit the parcel to be divided into two lots of approximately 100 ft. frontage each. b. LAND CLEARING PERMIT -To permit clearing of the north 100' to permit construction of a single family dwelling. c. AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration of the vegetation and driveway entrance within the 50' Historic Corridor adjacent to AlA. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit construction of a 2- story, single family dwelling and accessory structures on the north 100' of the property 2. H. Frank Lahage & Associates,•Inc. as agents for Mr. & Mrs. Paul Malnove, owners of the property located at 1535 N. Ocean Blvd., Gulf Stream, Florida, legally described as the S 100' of the N 200' of the S 268' of Govt. Lot 1, east of Ocean Blvd., Section 10, Township 46 South, Range 43 East. a. LAND CLEARING PERMIT -'m permit clearing of the south 100' to prepare the vacant lot for future use for construction of a single family dwelling. b. AlA VEGETATIVE DISTURBANCE PERMIT -TO permit alteration of the vegetation within the 50' Historic Corridor adjacent to AlA in preparation for the future construct- ion of a single family dwelling on the south 1001. October 11, 1996 AGENDA CONTINUED 1 VIII. Reports. A. Town Manager B. Town Attorney C. Town Engineer 1. Polo Drive Drainage D. Architectural Review & P 1. Future Meeting Dates a. October 30, 1996 b. November 26, 199 C. December 17, 199 E. Finance Director 1. Financial Report for 2. Bi- monthly water con F. Police Chief 1. Activity for Septemb G. Construction in progress 1. August, 1996 2. September, 1996 IX. Items for Commission Action. A. Resolution No. 96 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR OF THE TOWN OF GULF STREAM, OR HIS DESIGNEE, TO ACT AS THE ADMINISTRATORS) FOR FUNDS OF THE TOWN OF GULF STREAM HELD AT THE STATE BOARD OF ADMINISTRATION; PROVIDING AN EFFECTIVE DATE. B. Items by Mayor and Commissioners X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION 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. lanning Board at B:30 A.M. (Wednesday) 6 at 8 :30 A.M. (Tuesday) 6 at 8:30 A.M. (Tuesday) September, 1996 sumption er, 1996 A. Resolution No. 96 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR OF THE TOWN OF GULF STREAM, OR HIS DESIGNEE, TO ACT AS THE ADMINISTRATORS) FOR FUNDS OF THE TOWN OF GULF STREAM HELD AT THE STATE BOARD OF ADMINISTRATION; PROVIDING AN EFFECTIVE DATE. B. Items by Mayor and Commissioners X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION 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. r MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 18, 1996, AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. II. III IV. Call to Order. Mayor Koch called the meeting to order at 9:00 A.M. Pledge of Allegiance. Vice Mayor Armour led the Pledge of Allegiance. Roll Call. Present and Participating Also Present and Participating William F. Koch, Jr. Alan I. Armour James E. Cross Joan S. Orthwein A. Curtis True, M.D. E. Scott Harrington Scott Hawkins William Thrasher Robert Schultz Jack Conway Guy Flora Jerry David Jay Foy Sammy Winston Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Finance Director Police Chief Architect for Malnoves Agent for Malnoves Shalloway, Foy et. al. Shalloway, Foy et. al. Town Resident (Budget) held September 20, 1996. Commissioner Cross moved and Commissioner True seconded that all of the minutes be approved as circulated and all voted AYE. V. Additions withdrawals deferrals arrangement of agenda items. Town Manager Harrington requested the Commission hear Item VIII.C.1., Engineer's Report on Polo Drive Drainage, immediately after the public hearing for the applications for development approval. There was no opposition to this request. VI. Announcements. A. Meeting Dates 1. Regular Meeting /Public Hearing - November 81 1996, at 9 A.M. 2. Regular Meeting /Public Hearing - December 13, 1996, at 9 A.M. 3. Regular Meeting /Public Hearing- January 17, 1997, at 9 A.M. These dates were confirmed by the Commission after it was agreed to move the date of the January meeting to the third Friday as requested by Mr. Harrington. VII. Public Hearing -Board of Adjustment. A. Applications for Development Approval. REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION October 18, 1996 page 2 1. H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul Malnove, owners of the property located at 1535 North Ocean Blvd., Gulf Stream, Florida, legally described as the north 200' of the south 268' of Government Lot 1 east of Ocean Blvd., Section 10, Township 46 South, Range 43 East. Mayor Koch asked all of those wishing to speak on any of the development C applications to be heard at this public hearing to stand and be sworn, whereupon Attorney Hawkins administered the oath to Jack Conway and Guy Flora. Mayor Koch declared a conflict concerning the subject application in as much as his realty firm was involved in the sale of the property to the Malnoves. Vice Mayor Armour then took the gavel. Jack Conway presented plans for the proposed residence noting its Spanish- Mediterranean style. He stated the home will have about 8,000 square feet under air and a total of 10,230 square feet under roof. In reviewing the front elevation, Mr. Conway noted that the Architectural Review and Planning Board (ARPB) had requested several changes be made. These included: the use of one type of dental molding on the eaves instead of two as originally proposed; the removal of the cross - hatching on the front wall to the right of the front door; the removal of the crest on the rear elevation; and the use of one column instead of two around the garage windows. He then showed the original colored perspective of the house and a revised front elevation showing the changes. He closed his presentation by noting that the proposed home met all of the standards in the Design Manual and the home was within the allowable floor area ratio. Commissioner True stated he believed the front elevation was too complex and busy and needed to be simplified. Further, he felt the home was too large and took up too much of the lot area. He then suggested that consideration of the application be deferred to permit the architect to revisit the elevation and size of home with his client. Mr. Conway stated that the complexity of the front elevation already had been reduced by the ARPB and that he had made all of the requested changes. He also stated that the Spanish- Mediterranean style was an eclectic style that traditionally incorporated a number of design details and finishes. Mr. Conway also pointed out that the size of the home was within the limits permitted by the Design Manual. Commissioner Cross stated that he too found the elevation, as revised, to be overly complex, but that he did not believe the Commission had the ability to deny it or require changes because nothing about the design or size is prohibited by the Design Manual or Land Development Code. Commissioner True stated he believes the design and size are counter to the intent of the Design Manual, which is to encourage high quality, understated homes. He stated further that it is the job of the Commission to do what's best for Gulf Stream and, accordingly, he felt the design should be changed and the size reduced. REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION page 3 October 18, 1996 The Commission called upon Mr. Harrington to review his report. Mr. Harrington stated that he and Mr. Skowkowski of Urban Design Studio found the design, as originally proposed, to be minimally consistent with the standards in the Design Manual. He pointed out, though, that they too had some concerns about the complexity of the front elevation and suggested the applicant and Board address this issue. He further stated that the revised elevation included all of the changes requested by the ARPB. Mr. Harrington also noted that the application requires several different approvals including a subdivision, land clearing permit and North Ocean Boulevard Landscape Disturbance Permit. He called attention to his report wherein he found that each of the requests met the standards. a. SUBDIVISION REVIEW -To permit the parcel to be divided into two lots of approximately 100' of frontage each. Mr. Harrington noted that he recommended that the applicant dedicate the front 30 feet from each proposed lot for right -of -way for North Ocean Boulevard. Because this property was never platted, the dedication has never been made, he said. Hearing no comments from the public, Commissioner Orthwein moved, and Commissioner Cross seconded, that a two -lot subdivision be approved as recommended by the ARPB, which recommendation includes the dedication of right -of -way for North Ocean Boulevard. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE. b. LAND CLEARING PERMIT -To permit clearing of the north 100' to permit construction of a single family dwelling. Vice Mayor Armour asked for comments from the public and there were none. Commissioner Cross moved, and Commissioner Orthwein seconded, that a Land Clearing Permit be approved as recommended by the ARPB, which recommendation includes conditions that the saved and relocated plant materials be protected during construction and that an engineer attest to the drainage system prior to the issuance of a Certificate of Occupancy. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE. c. AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration of the vegetation and driveway entrance within the 50' historic corridor adjacent to AlA. Mr. Harrington pointed out that the ARPB recommended the gate design be deleted from this request due to its complexity. Mr. Conway concurred stating that if his client still wanted a gate, he would return at a later date with a revised design. Hearing no comments from the public, Commissioner Orthwein moved, and Commissioner Cross seconded, that an AlA Vegetative Disturbance Permit for the landscaping, wall and driveway be approved as recommended by the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit construction of a 2- story, single family dwelling and accessory structures on the north 100' of the property. Commissioner True reiterated his concerns and objections to the complexity of the front elevation and again suggested that action on the plans be deferred. Commissioner Orthwein asked Mr. Conway if he could convey to the owners the Commission's desire for a simplified elevation. REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION October 18, 1996 page 4 Mr. Conway replied that he would be happy to discuss the Commission's comments with the Malnoves, but he did not know what their response would be. However, he stated that perhaps the pop -up windows in the garage could be eliminated. Beyond that, he continued, the form of the building is a rather simple block structure. Commissioner Orthwein agreed adding that she definitely did not want all of the detail eliminated, just some of the complexity reduced. CThere was no additional comment from the public. Commissioner Cross moved, and Commissioner Orthwein seconded, that a Level 3 Architectural/ Site Plan Review be approved, given that the plans, as revised and presented at the hearing, are in keeping with the Design Manual with no basis for denial, but that Commission informally requests that the owner examine the front elevation for simplification. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; NAY, Vice Mayor Armour; AYE. Commissioner Orthwein stated again that detail was very important and that the Commission was not asking that it be removed entirely, just cleaned up a bit. 2. H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul Malnove, owners of the property located at 1535 North Ocean Blvd., Gulf Stream, Florida, legally described as the south 100' of the north 200' of the south 268' of Government Lot 1 east of Ocean Blvd., Section 10, Township 46 South, Range 43 East. Mr. Harrington reviewed the requests stating that the applicant wished to begin clearing both lots simultaneously in anticipation of a new home being proposed for the south lot. Although an application for a home on the south lot is not being considered at this meeting, an application has been submitted which will likely reach the Commission some time in December. There was no comment from the public. a.LAND CLEARING PERMIT -To permit clearing of the south 100' to prepare the vacant lot for future use for construction of a single family dwelling. Commissioner Orthwein moved, and Commissioner Cross seconded, that a Land Clearing Permit be approved as recommended by the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE. b.AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration of the vegetation within the 50' historic corridor adjacent to AlA in preparation for the future construction of a single family dwelling on the south 1001. Mr. Harrington pointed out that only brush would be removed and that no Australian pines were involved. Commissioner Orthwein moved, and Commissioner Cross seconded, that an AlA Vegetative Disturbance Permit be approved as recommended by the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch. VIII. Reports. C. Engineer REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION October 18, 1996 page 5 1.Polo Drive Drainage As agreed earlier in the meeting, the Commission heard the Engineer's report at this time. Jerry David, Associate with Shalloway, Foy, Raymand & Newell Associates, Inc., stated that the report distributed to the Commission prior to meeting provides a breakdown of the construction costs involved for the C installation of two, 20 cubic feet per second (CFS) pumps at the western end of the southernmost lake on the Little Club property. Mr. David then distributed a list of estimates of non - construction costs such as engineering, survey work and construction management. Together, these would add another $35,000 to $55,000 to the cost of the project. Mayor Koch noted that the proposed design requires pipes be located on private property for which the Town currently does not have easements. Mr. David said that was correct and that no estimate of the costs to acquire the easements, if any, had been made. Mr. Harrington pointed out that one of the property owners was the Little Club who would benefit from the project and would probably give the easement in lieu of money to pay part of the cost. Likewise, he continued, the other property is vacant but a house likely will be proposed soon requiring approval from the Town. At that time, the Town would have an opportunity to discuss the easement with the property owner. Mayor Koch stated that as a last resort, the Town may have to buy the easement or condemn it, both of which could be very expensive. Mayor Koch also stated that the proposed project would not address the small areas of standing water on the street as some people in the area believe. Mr. Foy agreed. Mr. Harrington reviewed his memo to the Commission in which he questioned the need for two pumps instead of one. Mr. Foy answered that the cost difference was rather marginal given that cost of one pump alone was already more than $250,000. Mr. Foy also pointed out that even two pumps would not fully eliminate the flooding, they would only reduce the depth and duration as indicated on the bar charts attached to Mr. David's report. Commissioner Orthwein asked about maintenance costs. Mr. Foy stated that these had not been addressed but certainly would need to be. Mayor Koch pointed out that the pumps would be located right behind two homes and may be noisy and unattractive. Mr. David said that the pumps would be similar in appearance to those on the north end of the Little ` Club. They would make noise only when they ran, which would be very infrequently, and they could be screened with landscaping, he said. Mr. Foy said that the real issue was, is it worth the expense to reduce flooding by 6 hours for the 3 -year storm? Mayor Koch answered no as did Sammy Winston, a resident on Old School Road. Mrs. Winston did express a concern over accessibility by emergency vehicles during the floods but felt the cost did not justify the small benefit, particularly given that the flooding occurs very rarely. Commissioner Armour also expressed REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION page 6 October 18, 1996 doubts noting that the project was not a complete fix for the flooding and did nothing to diminish the small puddles. Mayor Koch suggested Mr. Harrington present the project at the Civic Association's board meeting later this month to ascertain the opinions of those living in the area. Mayor Koch emphasized that the Town could not pay for this improvement and that those living in the affected drainage basins would have to bear most of the expense. Mr. Harrington agreed to do this. A. Town Manager Mr. Harrington had no report. B. Town Attorney Assistant Town Attorney Hawkins had no report. Mr. Armour inquired as to whether speed bumps were legal. Mr. Hawkins responded that he has seen them used in residential areas but did not know whether the streets were public or private and that he would have to research the issue. Mr. Harrington said Mr. David had recently completed a speed bump project for another community and he would get some information from him. D. Architectural Review and Planning Board 1.Future Meeting Dates a. October 30, 1996, at 8:30 A.M. b. November 26, 1996, at 8:30 A.M. c. December 17, 1996, at 8:30 A.M. These announcements were made by Town Manger Harrington. Mr. Harrington also stated that the Gulf Stream School had withdrawn their request to change roof material and that the request would not be coming forward to the Commission. E. Finance Director 1.Finance Report for September 1996 Mr. Thrasher stated that $125,000 had been transferred from invested funds to the operating fund. He noted that the activity report does not tie into the budget report as the budget report included end -of -year, non -cash adjustments. Both the operating fund and water fund had positive variances for the year, he said. 2.Bi- monthly water consumption Water use for the 1996 fiscal year was up about 4.5% over the previous year but about 25% less than the base comparison year of 1989, according to Mr. Thrasher. F. Police Chief 1. Report on activity for September 1996 Chief Schultz reviewed his report, noting that four of the seven criminal investigations lead to arrests. IX. Items for Commission Action. A. Resolution No. 96 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR OF THE TOWN OF GULF STREAM, OR HIS DESIGNEE, TO ACT AS THE ADMINISTRATORS) FOR THE FUNDS OF THE TOWN OF GULF STREAM HELD AT THE STATE BOARD OF ADMINISTRATION; PROVIDING AN EFFECTIVE DATE. Mr. Harrington read the resolution by title. Mr. Thrasher reminded the Commission of their discussions at the previous meeting and their desire to participate in the state invested funds program. This resolution, he REGULAR MEETING /PUBLIC HEARING -TOWN COMMISSION page 7 October 18, 1996 said, was a requirement to join the program. Commissioner Armour moved, and Commissioner Orthwein seconded, that Resolution No. 96 -15 be adopted as presented. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, Vice Mayor Armour; AYE, Mayor Koch; AYE. B. Items by Mayor and Commissioners Vice Mayor Armour asked Mr. Harrington about the status of the school concurrency program. Mr. Harrington replied that the County Commission, School Board and Municipal League held a joint meeting to discuss their various positions on the issue but could not come to agreement. The groups decided to have their lawyers and appropriate staff continue to meet to hammer out an agreement every one could live with. According to Mr. Harrington, those meetings are continuing but may be approaching an impasse whereupon the elected officials will have try to work out a deal themselves. In any case, time is running out to put the issue on the March ballot. The County Commission is scheduled to meet in early November to finally decide whether the issue is ready for referendum. X. Public. There was no comment from the public. XI. Adiournment. Mayor Koch adjourned the meeting at 10:50 A.M. on a motion to do so by Commissioner Orthwein which was seconded by Commissioner Cross with all voting in the affirmative. .Agbot-f-ATarringbon, Town Manager