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HomeMy Public PortalAbout04/18/1997April 11, 1997 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Joan K. Orthwein Robert W. Hopkins II REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, April 18, 1997 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. REVISED AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes A. Regular Meeting & Public Hearing of March 14, 1997 B. Certification of Election Meeting of March 14, 1997 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings, Public Hearings and Workshops 1. Regular Meeting /Public Hearing May 9, 1997 at 9 A.M. 2. Joint Workshop with ARPB May 14, 1997 at 8:30 A.M. 3. Special Joint Meeting with Historic Highway Committee May 21, 1997 at 8:30 A.M. 4. Regular Meeting /Public Hearing June 13, 1997 at 9 A.M. 5. Regular Meeting /Public Hearing July 18, 1997 at 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. (Continued from 3- 14 -97) An application submitted by Mark Marsh, Digby Bridges, Marsh and Associates, as agent for Harry & Deborah Sergeant, owners of the property located at 1420 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lots 11, 11A and 12, McLouth Subdivision. a. SUBDIVISION -To permit the separation of this parcel into two parcels of 40,900 square feet and 52,111 square feet of effective lot area. b. LAND CLEARING PERMIT -To permit the removal and /or relocation of existing significant vegetation and to add fill. C. VARIANCE -To permit a zero foot setback in the required 15 foot east side yard setback for the construction of a dock. d. VARIANCE -To permit an existing non - conforming minor accessory structure to remain in the absence of a primary structure. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -TO permit the demolition of the existing home and the construction of a new 2 -story single family dwelling of 12,801 sq. ft. 2. (Continued from 3- 14 -97) An application submitted by Mark Marsh, Digby Bridges, Marsh & Associates, as agent for Dan Sargeant, owner of the property located at 1414 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lot 12, McLouth Subdivision. a. LAND CLEARING PERMIT -TO permit the removal and /or relocation of significant vegetation and to add fill. b. VARIANCE -TO permit a zero foot setback in the required 15 foot west side yard setback for construction of a dock. C. VARIANCE -TO exclude 300 square feet of roof project- ions from the maximum floor area calculation. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW- To permit con- struction of a new 2 -story single family dwelling consisting of 10,689 square feet. VIII. Reports. A. Town Manager B. Town Attorney 1. Request to exempt the Gulf Stream School from the Sewer System Master Declaration of Covenants and Restrictions. C. Architectural Review & Planning Board 1. Meeting Dates a. Special Meeting - 5/1/97 at 8:30 A.M. b. Joint Workshop Meeting with Town Commission - 5/14/97 at 8:30 A.M. C. Regular Meeting & Public Hearing - 5/28/97 at 8:30 A.M. d. Regular Meeting & Public Hearing- 6/25/97 at 8:30 A.M. D. Finance Director 1. Financial Report for March, 1997 2. Bi- monthly water consumption E. Police Chief 1. Activity Report for March, 1997 F. Construction in Progress in March, 1997 IX. Items for Commission Action. A. Appointments for the Architectural Review & Planning Board 1. Three regular members for a 3 year term each 2. One alternate member for a 3 year term B. Request to waive the Water Connection Charge for Gulf Stream School - Gator Engineering C. ORDINANCE NO. 97 -1: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES, ZONING, AT SECTION 66- 62, BOARD MEMBERSHIP, PARAGRAPH (B), SO AS TO INCREASE THE NUMBER OF ALTERNATE MEMBERS OF THE ARCHITECTURAL REVIEW AND PLANNING BOARD FROM TWO TO THREE. (First Reading) D. Items by Commissioners X. Correspondence. A. Request for a Resolution objecting to Special Act Legislation to permit the abolishment of a municipal government without study, consent or concurrence of the municipality. -City of Port Richey B. Resolutions from the City of Lake Worth 1. No. 18 -97; Supporting legislation expanding the use of the Sewage Treatment Revolving Fund to include stormwater management facilities. 2. No. 19 -97; Opposing expenditures of public monies for the study and development of a high speed rail transportation system. XI. Public. XI I . 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. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 18, 1997 AT 9:00 A.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 9:00 A.M. Ii. Pledge of Allegiance. Vice Mayor Armour led the pledge of allegiance. III. Roll Call. CPresent and Participating: Also Present and Participating: IV. William F. Koch, Jr. Alan I. Armour James E. Cross Robert W. Hopkins II Joan K. Orthwein E. Scott Harrington John Randolph Rita Taylor William Thrasher Robert Schultz Mark Marsh John Immer William Rafferty, Jr Henry Skokowski Greg Ruhl Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Finance Director Police Chief Agent for Sargeant Attorney for Sargeant Attorney for Sargeant Consultant -Urban Design Engineer -G.S. School A. Regular Meeting & Public Hearing of March 14, 1997 Commissioner Armour moved and Commissioner Cross seconded that the minutes of the Regular Meeting /Public Hearing of March 14, 1997 be approved as circulated and all voted AYE at roll call. B. Certification of Election Meeting of March 14, 1997 Commissioner Armour moved that the Certification of Election minutes of the meeting on March 14, 1997 be approved as circulated and the motion was seconded by Commissioner Cross with all voting AYE. V. Additions. withdrawals, deferrals. arrangement of agenda items. Town Manager Harrington asked that Item VIII.B.l. under Town Attorney Reports be withdrawn and there were no objections to this request. VI. Announcements. A. Regular Meetings, Public Hearings and Workshops 1. Regular Meeting /Public Hearing May 9, 1997 at 9 A.M. �l 2. Joint Workshop with ARPB May 14, 1997 at 8:30 A.M. 3. Special Joint Meeting with Historic Highway Committee May 21, 1997 at 8:30 A.M. 4. Regular Meeting /Public Hearing June 13, 1997 at 9 A.M. S. Regular Meeting /Public Hearing July 18, 1997 at 9 A.M. These announcements were made by Mayor Koch. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 2 VII. PUBLIC HEARING. A. Applications for Development Approval Mayor Koch declared a voting conflict in that the real estate firm with which he is associated participated in the sale of the property that is now owned by Harry, Deborah and Dan Sargeant. He then passed the gavel to Vice Mayor Armour who accepted same. Attorney John Immer challenged the Mayor's declaration based on the fact that the sale had been completed and he believed Mayor Koch no longer had an interest in this matter. Mayor Koch advised that for more than 30 years he had not participated in matters that came before the Commission if his firm had been involved in business transactions with the applicants and that this is his established policy. Vice Mayor Armour advised that both of these projects will be presented and discussed simultaneously but action will be taken on each house, one at a time, and that each house requires multiple actions. He then asked Attorney Randolph to review the Quasi - Judicial Procedures. Attorney Randolph briefly reviewed the Quasi- Judicial Procedures and closed by advising that comments from the public and others should be relevant to the applications and not personal in nature. Vice Mayor Armour asked for all of those persons in the audience who wished to be heard in regard to any matter included in the Public Hearing to please stand and receive the Oath. Margaret Hupfel, Cynthia Neeves, Donald McGraw, Dan Sargeant, Mark Marsh, Attorney John Immer and Henry Skokowski received the Oath as administered by the Town Clerk. She then introduced the items for Public Hearing. Vice Mayor Armour then asked that each Commissioner disclose any Ex Parts Communications. commissioner Orthwein stated she had no communications with anyone from the public, or with the applicants, regarding these matters and had not visited the site. She further stated that her decision would be based only on the testimony and evidence presented at this meeting. Commissioner Cross advised that he had no Ex Parts Communications to report and had not visited the site. He stated that his decision would only be based on the testimony and evidence presented at this hearing. Commissioner Hopkins stated he had no Ex Parts Communications to disclose and had visited the site at various times, some of which were social occasions in the past. He went on to state that his decision would be based only on the testimony and evidence presented at this meeting. Vice Mayor Armour advised that he had not spoken to anyone about these matters and had visited the site by land and by boat with his very young grandson accompanying him. The Vice Mayor then directed that the following procedure would be used: 1) A presentation by the applicant; 2) Staff comments; 3) A presentation by the Town's consultant; 4) Public Comment; 5) Rebuttal and summation by the applicant; 6) Public Hearing will be closed and the Commission will hold an executive session; 7) Decisions will be rendered by the Commission on each item, on each application, by a separate vote on each. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 3 1. (Continued from 3- 14 -97) An application submitted by Mark Marsh of Digby Bridges, Marsh and Associates, as agent for Harry & Deborah Sargeant, owners of the property located at 1420 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lots 11, 11A and 12, McLouth Subdivision. 2. (Continued from 3- 14 -97) An application submitted by Mark Marsh of Digby Bridges, Marsh & Associates, as agent for Dan Sargeant, owner of the property located at 1414 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lot 12, McLouth Subdivision. Mark Marsh, Agent for Mr. & Mrs. Harry Sargeant and Dan Sargeant, was recognized and began by introducing Deborah Sergeant, Dan Sargeant and Madelyn. He gave a brief history regarding the projects and he stated that Mr. & Mrs. Harry Sargeant had visited Italy and had taken pictures of various structures there, as well as structures in south Florida, and had their hearts set on a Mediterranean style dwelling. When meeting with Mr. Harrington regarding a proposed design, they were advised that the design would not blend with the neighborhood. As a result, many of the design features were changed to create what has been described as a Venetian Mediterranean, a much softer style. He acknowledged that Mr. Harrington had suggested some of the changes such as the roof design. Mr. Marsh said that after several meetings with Mr. Harrington, he and the owners believed they had captured the spirit and letter of the Design Manual and that Mr. Harrington had stated that they could not be refused if they met the provisions in the Manual. He added that the owners were very disappointed that their projects were not recommended for approval by the ARPB. Mr. Marsh believed that the designs have the Mediterranean flair that was desired, but subtly. He noted that the Design Manual did not prohibit Mediterranean, or even discourage it in the Ocean West District. However, he pointed out that a Mediterranean design had been permitted recently in the Core District in which Mediterranean styles are prohibited. He then displayed a master site plan of Lots 11 and 12, McLouth subdivision, and a Plat of the McLouth subdivision showing what maximum size dwellings could be placed on each of the lots in the subdivision. Mr. Marsh made the point that while many of the existing homes are not constructed to the maximum size permitted, redevelopment of the lots most likely would result in much larger homes such as those being proposed for Lots 11 and 12. Mr. Marsh then circulated photographs of existing houses in McLouth Subdivision and advised that there are 4 different styles existing at this time that are not Bermuda. Vice Mayor Armour called a recess at 9:50 A.M. and the meeting reconvened at 9:57 A.M. At this point, Mr. Marsh displayed a site plan (page A1.1) in color of the proposed homes of Mr. & Mrs. Harry Sargeant and Dan Sargeant, and pointed out that the setbacks shown for both properties are an average of 20$ greater than the Code requires and both are set back a considerable distance from the pavement of the private road. He stated ` that both homes are placed in such a location so as to take advantage of the view of the golf course on one side and the water on the other. Mr. Marsh advised that the driveways would be constructed of Chicago brick and that the existing significant vegetation throughout both properties would be either saved or relocated and additional vegetation would be added as is shown on the landscape plans. He added that landscape plans for Lots 11 and 12 have been designed together and he questioned if it would be possible, when installing the mandatory fencing to protect the swimming pools, to not have a fence on the common property line between Lots 11 and 12 which will give the appearance of one vast lawn. He was advised that this would be addressed later in the meeting. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 4 Mr. Marsh then displayed a color prospective of the front and back of the proposed home of Mr. & Mrs. Harry Sargeant, and a color floor plan (page A2.1). He pointed out that the design is a formal, well balanced Venetian Mediterranean style with the massing centralized and the roof eaves in one line with the roof pitch being 4/12. He noted that the garage is connected to the house by a breezeway and that the exterior color would be a very pale beigh or off -white with the roof material to be hand made clay tile for a natural appearance. Mr. Marsh then distributed 7 color photographs and a sheet containing three additional photos of homes in other areas to show the different the roofs. Vice Mayor Armour asked how much distance there was to the house on the west side and how far the hedge extended between these properties. He was advised that there is approximately 77 feet between dwellings and that the hedge would go beyond the swimming pool. The Vice Mayor then ask if there will be a variation in the color of the roof and was advised that it will be a soft mixed terra cotta, but not a bright orange. Commissioner Orthwein, noting that roofs in this subdivision all have flat roof tile, asked if they had considered a flat tile. Mr. Marsh stated that they had looked at this but that it did not work to give the structure an aged look. Commissioner Orthwein then asked if other types of roofs hand been investigated to which Mr. Marsh replied that the hand made clay tile was a prime desire of Mr. & Mrs. Sargent and they found no other. Commissioner Orthwein asked Mr. Marsh to explain how he felt that barrel tile fits in this neighborhood. Mr. Marsh stated that it is not prohibited in this District and it promotes the elegance of the structure. Commissioner Hopkins asked if Venetian Mediterranean is a legitimate style of architecture or a term created to fit the style of these homes. Mr. Marsh advised that features of these proposed structures are seen in the Fatio architecture which is a lighter style, and he believed that the Venetian Mediterranean reference is applicable in this instance. Commissioner Hopkins then asked Mr. Marsh if he felt that this lighter style is what makes these structures compatible in the neighborhood and Mr. Marsh replied yes. Commissioner Hopkins remarked that the site plans do not provide for much privacy at the rear of the home and Mr. Marsh stated that it was planned so in order to take advantage of the view of the basin. Mr. Marsh next displayed a color prospective of the front and rear of the proposed home for Dan Sargeant along with a floor plan in color (Page A2.1 & A2.2). He pointed out that this design is more informal than that of Mr. & Mrs. Harry Sargeant. He noted that a balance had been achieved across the front of the home and that a structure has been created that will not be like the other house. While there is a formal entry, it is not reflected on the exterior, he said. Mr. Marsh explained that there is a solid roof linking the accessory structures to the home which adds to the total square footage of the project, resulting in having to request a Special Exception to exceed the maximum square footage permitted b y approximately 300 square feet. Mr. Marsh pointed out that the roof has a 4/12 pitch, as does that of Mr. & Mrs. Harry Sargeant, while other roofs in the area are much higher. He explained that this was done in order to minimize the impact of the roofs, making them a secondary feature, thus making the structures more compatible with other structures in the neighborhood. He closed the presentation by pointing out that there are no contrasting elements and decoration. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 5 Mrs. Orthwein asked if there was a way to work within the FAR and avoid having to request a Special Exception. Mr. Marsh stated extra square footage was needed for a covered patio and the architecture would be ruined if it were to be removed. He also pointed out that some of the space was consumed by having a 2 story living room. Mr. Harrington asked if the landscaping is shown correctly on the perspective and Mr. Marsh advised that it was, with the exception of a large specimen tree that will be planted inside the circle of the driveway. Mr. Henry Skokowski, Consultant to the Town, asked Mr. Marsh if he had understood correctly, that they are creating different styles between the two houses. Mr. Marsh stated that the houses are variations of the same style. Attorney John G. Immer of Kelley Drye & Warren, 201 S. Biscayne Blvd. 2400 Miami Center, Miami, FL 33131, representing Mr. & Mrs. Harry Sargeant and Mr. Daniel Sergeant, stated that his comments are directed jointly to both applications #97 -02 and #97 -03 and that he is adopting the previous testimony of Mr. Marsh made at this hearing. He further requested that the findings and recommendations of the Zoning Official, Scott Harrington, on both applications, and the minutes of the ARPB Meeting of February 24, 1997, be included in the record. He pointed out that Mr. Harrington had participated in the development of the Design Manual and has found that both of these projects are minimally consistent with the Zoning Code and the provisions of the Design Manual which is a part thereof. Mr. Immer added that these findings were supported by Mr. Marsh at this hearing and at that held by the ARPB, and that no testimony had been presented at either meeting to contradict these findings. Attorney Immer pointed out that the only comments were that these were great projects but were not compatible with the neighborhood. He added that 64% of the persons who reside in the McLouth Subdivision have not entered any objections. Mr. Immer believed that since Mediterranean architecture is neither discouraged nor prohibited in the Ocean West District, these applications should be approved. He asked that the Commission ignore the findings of the ARPB inasmuch as they had no evidence to contradict the testimony of expert witnesses. Vice Mayor Armour asked for comment from the Staff. Town Manager Harrington advised that his remarks would be brief. Mr. Harrington stated that he had no intention of debating with Mr. Marsh about what was said in previous meetings with him but went on record to advise that he tells all applicants that they must meet all provisions of the Zoning Code if they expect to receive approvals, and that he reviews projects and arrives at findings based on the several criteria in the Code. He pointed out that the Design Manual is only one portion of the Zoning Code. Mr. Harrington wanted judgment to be made on what is in the written record, the application material, and what is said at this meeting, not on hearsay. With regard to the project of Mr. & Mrs. Harry Sargeant, Mr. Harrington advised that there is an existing dwelling on the property that the applicant proposes to demolish. He further advised that there is also a small shed that the applicant had asked to retain, filing a variance request to do so with the application. However, the applicant has determined the shed is of no value and has asked to withdraw the variance request, he said. Mr. Harrington pointed out that the existing dwelling was constructed across the lot line between Lots 11 and 12, thus combining the 2 lots into one. The applicant is now asking to subdivide the property into the original two lots. Mr. Harrington briefly reviewed his report regarding the proposed two -story home, noting that Mr. Marsh had presented this in detail. He acknowledged that little fill will be needed in that the lot has been previously developed. Town Manager Harrington pointed out that the application for development also included a request for a variance Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 6 to extend the dock the full width of the property but that the applicant has requested to withdraw the variance application. Mr. Harrington's recommendations on the various items included in Application #97 -02 are as follows: a.) Recommended approval of a two -lot Subdivision as requested, based on a finding that the plans and documents submitted by the applicant meet all applicable Subdivision Review Standards. b.) Recommended approval of a Land clearing Permit with the condition that all remaining or relocated vegetation shall be adequately protected during construction. c.)Recommended that the applicant's request to withdraw the Variance request that would permit the accessory shed to remain in the absence of a primary structure be granted without prejudice. d.) Recommended a withdrawal without prejudice for the requested side setback Variance for the dock. e.) Recommended approval of a Level 3 Architectural /Site Plan Review based on a finding that the plans and documents submitted by the applicant are minimally consistent with all applicable review criteria with the conditions that the walls of the house shall be of a color and tone similar to those used on other structures within the McLouth subdivision, and that the length of the dock shall be reduced to 80 feet or less. Mr. Harrington, in reviewing the proposed project of Mr. Dan Sargeant, pointed out that this project and that of Harry Sargeant are being done simultaneously, and because the owners are related, the site designs and landscaping have been jointly developed. Mr. Harrington observed that this home lacks strong symmetry and simple block design and more closely resembles the Spanish- Mediterranean design than the other home. He noted that Mr. Marsh had previously presented detail on this project. The Town Manager advised that a Variance had been requested to permit a dock to be constructed the full width of the lot but a request to withdraw the application had been received. Mr. Harrington then pointed out that a Variance had also been requested to exclude 300 square feet of roof projections from the maximum floor area calculation. He explained that this request would become a Special Exception if the request to withdraw the Variance Application is granted. Mr. Harrington's recommendations on the various items included in Application #97 -03 are as follows: a.) Recommended approval of a Land Clearing Permit based on a finding that the plans and documents submitted by the applicant meet all applicable permitting standards with the condition that all remaining or relocated vegetation shall be adequately protected during construction. b.) Recommended a withdrawal without prejudice for the requested side setback Variance for the dock. c.) Recommended approval of a Special Exception to permit the covered patio and walkway areas to exceed the maximum permitted floor area by 300 square feet, based on the plans and documents submitted by the applicant and a finding that the proposed improvements meet all applicable specific and general Special Exception review standards, with the condition that prior to the issuance of a certificate of occupancy, the applicant shall record a deed restriction that prohibits the future enclosure of any portion of the 1,155 square feet of covered patio /walkway area or the increasing of the gross floor area beyond 11,080 square feet. d.) Recommended approval of a Level 3 Architectural /Site Plan Review based on a finding that the plans and documents submitted by the applicant are minimally consistent with all applicable review criteria with the conditions that prior to the issuance of a certificate of occupancy, the applicant shall record a deed restriction that prohibits the future enclosure of any portion of the 1,155 square feet of covered patio /walkway area or the increasing of the gross floor area beyond 11,080 square feet, and that the walls of the house shall be of a color and tone similar to those used on other structures within the McLouth subdivision, but shall not be identical to the home proposed for Lot 11. Vice Mayor Armour then asked Henry Skokowski of Urban Design Studios to make his presentation. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 7 Mr. Skokowski advised that he has a 5 year degree in architecture from the University of Illinois, a Masters Degree in urban design, and that he has been in professional practice for 23 years, 20 of which in his own company, Urban Design Studio. Mr. Skokowski further advised that he was the principal author of the Design Manual but is appearing at this time as the Town's Consultant for the purpose of rendering an opinion as to whether these projects comply with the provisions found in Section 66 -144 Paragraph (b) Sub Paragraph (10) of the Zoning Code. Mr. Skokowski stated that Sub 'ter Paragraph 10 provides that the character, design, architectural style, form, mass, scale, and the location and use of exterior architectural elements, exterior materials, and exterior colors of proposed structures and improvements shall meet 6 specific standards. Mr. Skokowski felt that they do comply with all except one, that being, "Consistency with Surrounding Off -Site Structures. Proposed structures and improvements shall be designed and utilize architectural forms, elements and materials in a manner consistent with, but not identical to, existing or proposed off -site structures in the surrounding area." He advised that he looks at various elements of design when forming an opinion. Some of these were the flat white cement tile vs. barrel tile; arched window openings vs. square; 2 story construction vs. existing 1 story; ornate elements vs. no elements on Bermuda; arched entry areas and exposed rafter tails on the proposed structures; shutters on the Bermuda style; short vs. large overhang; smooth vs. rough stucco finishes; and peaked roofs on the Bermuda style. Mr. Skokowski closed his presentation by displaying a graphic with pictures of many of the homes in the McLouth Subdivision to show that with the exception of one home, which was under construction at the time the Design Manual was in preparation, the homes met the provisions in Section 66 -144 of the Zoning Code. Attorney Immer remarked that he did not see the home directly east of these projects displayed on the graphic. He noted that this house was of no particular design style and is in the McLouth Subdivision. Attorney William Rafferty, Jr. of Kelley Drys & Warren, 201 S. Biscayne Blvd., 2400 Miami Center, Miami, Florida was recognized and came forward to receive the Oath as administered by the Town Clerk. Attorney Rafferty pointed out that there are 5 Design Districts and the McLouth subdivision is a part of one of them. He believed that by considering only the properties in McLouth subdivision rather than all of Ocean West, an additional Design District has been created. He believed this to be misleading to the reader of the Manual. Mr. Rafferty asked Mr. Skokowski if he was aware of additional provisions when he was preparing the Manual and he replied that he was aware that there are many other provisions in the Land Development Code but was not particularly aware.of what he has reviewed today as he had never been asked to give an opinion on these sections of the Land Development Code. Mr. Rafferty asked Mr. Skokowski if he considered the Design Manual as a guide to development and Mr. Skokowski replied that he did. Town Manager Harrington, in rebuttal, advised that there are references in the Design Manual in Article 9, Sub- Section B, Tables 1 and 2 that make reference to Section 66- 144 in the Land Development Code. Vice Mayor Armour asked if there were any more questions or comments from the public and there were none. At this point the Town Clerk read correspondence from members of the public into the record. Letters from John Brittingham, 1410 N. Ocean Blvd, and Patricia Jones, 1430 N. Ocean Blvd. supported approval of these two projects and letters from Joseph McCarthy, 1314 N. Ocean Blvd. and James Neeves,1304 N. Ocean Blvd. opposed approval of the projects. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 8 Vice Mayor Armour felt that the reason for developing the Design Manual should be a part of the record. He read from the Introduction of the Manual; "The established residential patterns are now being threatened by a phenomenon known as "mansionization ", which is affecting older communities with rapidly escalating property values. Mansionization is characterized by existing structures being demolished to make room for larger, more elaborate houses, and has the potential to destroy the unique character and scale of Gulf Stream. The desire to maintain the unique residential character of the town led to adoption of this Gulf Stream Design Manual." 1 He stated that in 1994 residents came to commission meetings demanding that no more approvals be given for homes that were not compatible with existing homes in the area. The Design Manual was prepared and adopted to accomplish this, he said. The Vice Mayor added that the Manual was just a beginning to gain more control over the architecture being brought into the Town. Commissioner Hopkins moved and Commissioner Orthwein seconded the motion to close the Public Hearing and go into executive session. All voted AYE at roll call. Commissioner Orthwein remarked that these are both lovely homes but she is in agreement with the ARPB recommendation based on the testimony given by Mr. Skokowski. She added that she understood that the ARPB had attempted to arrive at a compromise but that the applicant had been unwilling to alter any of the design. Commissioner Cross commented that the homes are well designed and he felt they were far enough away from the existing homes so as to blend with the neighborhood. He remarked that he did not believe the Code intended that homes look as if they had come from cookie cutters. Commissioner Hopkins stated that he had spent a lot of time reviewing the material. He then questioned if Venetian - Mediterranean is listed as prohibited and was advised that it is not listed as such. Commissioner Hopkins advised that he agreed with Commissioner Orthwein but would tend to approve the projects since the style is not prohibited. Vice Mayor Armour stated that he looked at these projects as a part of Ocean West District and feels they are minimally consistent. He believed they will fit in the neighborhood when landscaped. There being no further discussion, Vice Mayor Armour called for motions on each item of each application. The action taken was as follows: 1. An application submitted by Mark Marsh of Digby Bridges, Marsh and Associates, as agent for Harry & Deborah Sargeant, owners of the property located at 1420 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lots 11, 11A and 12, McLOUth Subdivision. a. SUBDIVISION -TO permit the separation of this parcel into two parcels of 40,900 square feet and 52,111 square feet of effective lot area. Commissioner Orthwein moved to approve the two -lot Subdivision as requested, based on a finding that the plans and documents submitted by the applicant meet all applicable Subdivision Review standards. Commissioner Hopkins seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Vice Mayor Armour; AYE. b. LAND CLEARING PERMIT -TO permit the removal and /or relocation of existing significant vegetation and to add fill. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 9 Commissioner Hopkins moved and Commissioner Orthwein seconded that a Land Clearing Permit be granted based on a finding that the plans and documents submitted by the applicant meet all applicable permitting standards with the condition that all remaining or relocated vegetation shall be adequately protected during construction. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Vice Mayor Armour; AYE. C. VARIANCE -To permit a zero foot setback in the required 15 foot C') east side yard setback for the construction of a dock. Noting the applicants requested to have this Variance Application withdrawn, Commissioner Hopkins moved and Commissioner Orthwein seconded that a withdrawal without prejudice be granted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Vice Mayor Armour; AYE. d. VARIANCE -TO permit an existing non- conforming minor accessory structure to remain in the absence of a primary structure. Inasmuch as the applicant had requested to withdraw this Variance Request, Commissioner Hopkins moved that a withdrawal without prejudice be granted and the motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Vice Mayor Armour; AYE. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the demolition of the existing home and the construction of a new 2 -story single family dwelling of 12,801 sq. ft. Commissioner Hopkins moved that the site plan be approved as amended with the deletion of the fence on the common property line between Lots 11 and 12, based on a finding that the plans and documents submitted by the applicant are minimally consistent with all applicable review criteria with the following conditions: 1) The remainder of the fencing shall meet all other requirements; 2) The walls of the house shall be of a color and tone similar to those used on other structures within the McLouth subdivision; 3) The length of the dock shall be reduced to 80 feet or less. The motion was seconded by Commissioner Cross. Roll Call: Commissioner Orthwein once again stated that this is a lovely home but she is voting NAY in that she agreed with the ARPB, that it does not fit into this neighborhood, based on the testimony of Mr. Skokowski. Comm. Cross; AYE, Comm. Hopkins; AYE, Vice Mayor Armour; AYE. 2. (Continued from 3- 14 -97) An application submitted by Mark Marsh, Digby Bridges, Marsh & Associates, as agent for Dan Sergeant, owner of the property located at 1414 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lot 12, McLouth Subdivision. a. LAND CLEARING PERMIT -TO permit the removal and /or relocation of significant vegetation and to add fill. Commissioner Hopkins moved and Commissioner Orthwein seconded to approve a Land Clearing Permit based on a finding that the plans and documents submitted by the applicant meet all applicable permitting standards with the condition that all remaining or relocated vegetation shall be adequately protected during construction. ` ) Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Vice Mayor Armour; AYE b. VARIANCE -TO permit a zero foot setback in the required 15 foot west side yard setback for construction of a dock. In as much as the applicant had requested to have this Variance Application withdrawn from the agenda, Commissioner Hopkins moved and Commissioner Cross seconded to approve the withdrawal of the item without prejudice. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Vice Mayor Armour; AYE. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 10 C. VARIANCE -TO exclude 300 square feet of roof project- ions from the maximum floor area calculation. Vice Mayor Armour reminded that this request now becomes a request for a Special Exception in that the other Variance request was withdrawn, as had been previously discussed. Commissioner Hopkins moved that the Special Exception to permit the covered patio and walkway areas to exceed the maximum permitted floor area by 300 square feet be approved, based on the plans and documents submitted by the applicant and a finding that the proposed improvements meet all applicable specific and general Special Exception review standards, with the condition that prior to the issuance of a certificate of occupancy, the applicant shall record a deed restriction that prohibits the future enclosure of any portion of the 1,155 square feet of covered patio /walkway area or the increasing of the gross floor area beyond 11,080 square feet. The motion was seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Vice Mayor Armour; AYE. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -TO permit con- struction of a new 2 -story single family dwelling consisting of 10,689 square feet. Commissioner Hopkins moved that the site plan be approved as amended by deleting the fencing on the common property line between Lots 11 and 12, based on a finding that the plans and documents submitted by the applicant are minimally consistent with all applicable review criteria with the following conditions: 1) The remaining fencing shall meet all requirements; 2) Prior to the issuance of a certificate of occupancy, the applicant shall record a deed restriction that prohibits the future enclosure of any portion of the 1,155 square feet of covered patio /walkway area or the increasing of the gross floor area beyond 11,080 square feet. 3) The walls of the house shall be of a color and tone similar to those used on other structures within the McLOUth subdivision, but shall not be identical to the home proposed for Lot 11. Vice Mayor Armour returned the gavel to Mayor Koch. Commissioner Cross left the meeting and a five minute recess was declared. VIII. Reports, A. Town Manager There was no report from the Town Manager. B. Town Attorney 1. Request to exempt the Gulf Stream School from the Sewer System Master Declaration of Covenants and Restrictions. This item was withdrawn from the agenda. C. Architectural Review & Planning Board 1. Meeting Dates _ a. Special Meeting - 5/1/97 at 8:30 A.M. 1 b. Joint Workshop Meeting with Town Commission- 5/14/97 at 8:30 A.M. C. Regular Meeting & Public Hearing - 5/28/97 at 8:30 A.M. d. Regular Meeting & Public Hearing- 6/25/97 at 8:30 A.M. These meetings were announced by Mayor Koch. D. Finance Director 1. Financial Report for March, 1997 Mr. Thrasher reported the cash balance at the end of Marsh, 1997 was $74,925, and pointed out that $41,071 was received in Ad Valorem Taxes. He further reported that Invested Funds now total $752,725 with $634.969 being in the General Fund. Mr. Thrasher then reported a year -to -date Net Revenue Deficit of $13,337 as opposed to an estimated deficit for the same period of $44,813 and year -to -date Net Revenue of Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 11 $53,023 in the Water Fund. Commissioner Orthwein moved and Commissioner Hopkins seconded that the report be accepted as presented and all voted AYE at roll call. 2. Bi- monthly water consumption Mr. Thrasher presented the Bi- monthly water consumption report which revealed there to be a reduction of 3.80* usage from the previous year and a 22.711 reduction from the base year. E. Police Chief 1. Activity Report for March, 1997 Chief Schultz called attention to the report that was distributed in the packet and noted that Det. Sindone had attended a criminal intelligence meeting at the office of the Sheriff, Chief Schultz attended the annual association meeting held by the Place Au Soleil Association and the Palm Beach County Chief's business meeting. He further reported that a representative from the Department of Juvenile Justice inspected the Gulf Stream Police Department jail facilities and has issued a report. F. Construction in Progress in March, 1997 This report was not available for the meeting and will be included on the agenda for the May, 1997 meeting. IX. Items for Commission Action. A. Appointments for the Architectural Review & Planning Board Mayor Koch advised that the -three year terms for regular members Fred Devitt III, Howard E.N. Wilson and Susan Souder have expired along with that of alternate member Bettina Smith. He called attention to a letter from Mrs. Souder advising that she did not want to be considered for re- appointment. The Town Clerk advised that she had spoken to Mrs. Souder and determined that she would be available through the month of May, 1997 if the Commission so desired. The Commissioners unanimously agreed that they would appreciate Mrs. Souder continuing through May in order to give them time to make known to the residents that there is a vacancy to fill on the ARPB. Town Manager Harrington was directed to include this information in the next issue of "Currents" which is expected to be mailed within two weeks. 1. Three regular members for a 3 -year term each 2. One alternate member for a 3 -year term Commissioner Armour moved and Commissioner Orthwein seconded that Fred Devitt III, Howard E.N. Wilson and Susanna Souder be re- appointed as regular members and that Bettina Smith be re- appointed as an alternate member on the ARPB for 3 -year terms each. Roll Call: Comm. Orthwein; AYE, Comm. Armour; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Request to waive the Water Connection Charge for Gulf Stream School - Gator Engineering Town Manager Harrington explained that Mr. Greg Ruhl, on behalf of the Gulf Stream School, is requesting that the Town waive the connection charges for the fire sprinkler system in the school. He cites letters from the Cities of Boynton Beach and Delray Beach advising that they do not require fees for fire sprinkler connections. The capital connection charge for this would be $26,500 under the current rate structure. Mr. Harrington advised that the school has offered to pay $500 to off -set the cost to the Town for plan review and inspections but that he has an estimated cost of $5,800 plus an administrative fee of $580 for a total of $6,380.00. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 12 Mr. Ruhl was recognized and advised that they have just learned, after receiving a report from the Delray Beach Fire Department, that it may not be necessary to install a separate line for the fire suppression system. He added that they had not had an opportunity to verify this but if this is in fact true, they would not be installing the connection in question. Commissioner Armour moved that the capital connection cost for the fire sprinkler connection be waived but that Gulf Stream School would be responsible for reimbursing the Town for all out of pocket expense except the administrative fees. Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Commissioner Armour; AYE, Commissioner Hopkins; AYE and Mayor Koch; AYE. C. ORDINANCE NO. 97 -1: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES, ZONING, AT SECTION 66- 62, BOARD MEMBERSHIP, PARAGRAPH (B), SO AS TO INCREASE THE NUMBER OF ALTERNATE MEMBERS OF THE ARCHITECTURAL REVIEW AND PLANNING BOARD FROM TWO TO THREE. (First Reading) Mayor Koch stated that he was not in favor of increasing the size of the ARPB as the Town encourages the Alternate Members to attend the meeting even if they are not participating in order to have some continuity. He believed that if there were more members to call on to fill in, members would be more likely to be absent and continuity would be lost. Commissioner Hopkins advised that he had originally been in favor of this but in giving thought to the matter since the March meeting, he was inclined to agree with Mayor Koch. Commissioner Hopkins moved that Ordinance No. 97 -1 not be adopted on first reading and the motion was seconded by Comm. Armour with all voting AYE at roll call. D. Items by Commissioners Commissioner Orthwein expressed a concern that the Commission is not showing support for the ARPB in their recommendations. Attorney Randolph explained that the ARPB is established to act in an advisory capacity to the Town Commission. He observed that if the Commission is to rubber stamp the recommendations of the ARPB, then the ARPB may as well have the final authority and the Commission would not be involved. X. Correspondence, A. Request for a Resolution objecting to Special Act Legislation to permit the abolishment of a municipal government without study, consent or concurrence of the municipality. -City of Port Richey The Commissioners believed this to be an attempt to eliminate small cities and they directed that a letter of support for the City of Port Richey be sent as there would not be time to prepare a resolution and adopt it before action on the matter would be taken by the State Legislature. B. Resolutions from the City of Lake Worth 1. No. 18 -97; Supporting legislation expanding the use of the Sewage Treatment Revolving Fund to include stormwater management facilities. 2. No. 19 -97; Opposing expenditures of public monies for the study and development of a high speed rail transportation system. These resolutions were made a part of the record. Regular Meeting & Public Hearing Town Commission -April 18, 1997 page 13 XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 1:10 P.M. following a motion to do so made by Commissioner Armour that was seconded by Commissioner Hopkins with all voting in the affirmative. Rita L. Taylor, own Clerk FORM 8B MEMORANDUM OF VOTING CONFLIU1 r� COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I \�1 \ \(I IIN \I \wit MIUUII NAMI \ \ \II(1P IR1 .1a17.(YIIIN('ll_CY)MMItitiIU \, At 'I HEIR I I IOR(1111Ai I III KOCH, WILLIAM F., JR. Town uommission 1HI NtIARI1.l'OUNC14 (YIMMISNII)N. AL'1H❑N171' ORCOMMI I%o U1n81 N 11101 1 SI'RVF IS A IINII Oh. 545 Golfview Drive Ck(6111 ❑ COUNTY ❑ o1HERLOCAt.AOFN(1 71-IN COVNII NASII Mt nn nl('AI. Sl1RDIVISION. Gulf Stream Florida 33483 Town of Gulf Stream O% n Ilit 11 %011 M/'l'I' RR I' 7 My I•osnloN Lc IX ELEC'f1VE ❑ API.OIC7 nr WHO MUST FILE FORM 8B This fern; I• for use b\' ail) person wring at the county, cir, or Mile: local level of government on an a; p o111teU P' l ,:Icd board. council. commission. authority, or committee. It applie, equally to members of advisory and non-advisory bodic. 1(!:,• arc presented 1\ith a voting conflict of interest under Section 112.3143, Florida Statutes. )'our responsibilities under the Ian when faced with a measure in which you have a conflict of interest n ill vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this farm before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count\, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure, to his special private gain. Each local officer also is prohibited from knowingly voting on a measure Which inure, to the special gain of a prncipal lother than a gmernment agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure or. which you are abstaining from voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: 1 person holding appointive county. municipal, or other local public office MUST ABSTAIN from \oting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person ho!ding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written comnnurcation, a hcther made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE XIEETING AT WHICH THE VOTE WILL BE TAKEN: • lbu should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. •'rh• fnrm should be read ❑ublicly at the meeting.prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. William F. Koch, Jr. , hereby disclose that on April 18, 1997 , 19 (a) A measure came or will come before my agency which (check one) x mxocttxxwx3oxwxb4xat=A1t!RX'XX involved a former client inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: An application for Development Sargeant came before the Town of which I am Mayor. The real was involved in the sale of the 4 -18 -97 Date Filed of property owned by Harry and Dan Commission of the Town of Gulf Stream, estate firm with which I am associated property. 13ignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.