HomeMy Public PortalAbout03/10/2000March 3, 2000
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, MARCH 10, 2000 AT 9:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of February 11, 2000.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. Regular Meeting & Public Hearing 4 -14 -00 at 9 A.M.
2. Regular Meeting & Public Hearing 5 -12 -00 at 9 A.M.
3. Regular Meeting & Public Hearing 6 -2 -00 at 9 A.M.
4. Regular Meeting & Public Hearing 7 -27 -00 at 9 A.M.
5. Regular Meeting & Public Hearing 8 -11 -00 at 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by David Van Dinter, the owner of
property located at 960 Emerald Row, Gulf Stream, Florida,
which is legally described as Lot 59 Place Au Soleil
Subdivision.
a. VARIANCE to permit installation of a boat lift that
exceeds 500# lifting capacity and will not be attached
to a sea wall.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a 24'x5' wooden dock and installation
of a 25,000 lb., four -motor aluminum cradle boatlift
supported by 8 pilings.
VIII. Reports.
A. Town Engineer
1. Cost estimate for aerials for topographic map(s)
2. Cost estimate for study of Golfview /Polo area
B. Town Manager
1. Metricom request RE: Installation- transmitting equipment
2. March flyer to residents
3. Generator Location for the lift station near Town Hall
C. Town Attorney
D. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting & Public Hearing 3- 23 -00, 8:30 A.M.
b. Regular Meeting & Public Hearing 4- 27 -00, 8:30 A.M.
c. Regular Meeting & Public Hearing 5- 25 -00, 8:30 A.M.
d. Regular Meeting & Public Hearing 6- 22 -00, 8:30 A.M.
e. Regular Meeting & Public Hearing 7- 26 -00, 8:30 A.M.
E. Finance Director
1. Financial Report for February 2000
F. Police Chief
1. Activity for February 2000
AGENDA CONTINUED
Page 2
IX. Recess for the meeting of the Land Development Regulation Commis.
X. Meeting of the Land Development Regulation Commission.
A. Review of Ordinance 00 /1 for consistency with Comprehensive
Plan and recommendations to the Town Commission
07 B. Adjournment
XI. Reconvene Meeting of the Town Commission.
XII. Items for Commission Action.
A. ORDINANCE NO. 00 /1; AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE TOWN OF GULF STREAM AT
CHAPTER 42 RELATING TO BUILDING AND BUILDING REGULATIONS TO
ADD NEW SECTIONS ADDRESSING CONSTRUCTION ABANDONMENT AND
DRIVEWAY PERMITS; CHAPTER 44 RELATING TO CONCURRENCY
MANAGEMENT BY REPEALING SECTION 44 -34, ANNUAL CONCURRENCY
REPORT; CHAPTER 58 RELATING TO PLANNING AND DEVELOPMENT,
ARTICLE VI, "LAND CLEARING ", SECTION 58 -137 "EXEMPTIONS ",
SECTION 58 -138 "PERMIT REQUIRED", SECTION 58 -140 "APPLICATION
FEE "; CHAPTER 62 RELATING TO SUBDIVISIONS, SECTION 62 -6
"ALIGNMENT OF STREETS, PROVISIONS FOR UTILITIES ", SECTION 62 -9
"FEES "; CHAPTER 66, ARTICLE I, SECTION 66 -1 "DEFINITIONS ";
CHAPTER 66, ARTICLE V, "SITE PLANS ", DIVISION 2,
"ARCHITECTURAL /SITE PLAN REVIEW - LEVELS 1, 2 AND 311, SECTION
66 -141 "APPLICABILITY "; CHAPTER 66, ARTICLE VI, DISTRICT
REGULATIONS, DIVISION 3, "RM MULTIPLE - FAMILY RESIDENTIAL
DISTRICT ", SECTION 66 -235 "SIDE YARD REQUIRED "; CHAPTER 66,
ARTICLE VII, "NORTH OCEAN BOULEVARD OVERLAY DISTRICT ", SECTION
66 -325 "MITIGATION ", ADDING A NEW SECTION 66 -330 "RECREATIONAL
USES "; CHAPTER 66, ARTICLE VIII, SUPPLEMENTARY DISTRICT
REGULATIONS, DIVISION 2, "ACCESSORY STRUCTURES AND
RECREATIONAL FACILITIES, SECTION 66 -367 "SWIMMING POOLS ",
SECTION 66 -369 "DOCKS "; CHAPTER 66, ARTICLE VIII,
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 5, "PARKING ",
SECTION 66 -416, "PARKING OF RECREATIONAL EQUIPMENT OR
COMMERCIAL VEHICLES ", DIVISION 6, "SETBACKS ", SECTION 66 -431
"STATE ROAD AlA "; CHAPTER 70, SO AS TO MODIFY ALL REFERENCES
TO "FRINGE" OR "RS -F" IN CHAPTER 70 AND IN THE APPENDICES TO
�y "NORTH /SOUTH" AND "N /S" RESPECTIVELY; CHAPTER 70, RELATING TO
THE DESIGN MANUAL, ARTICLE II "SINGLE- FAMILY DISTRICTS ",
SECTION 70 -27 "DISTRICT DESCRIPTIONS "; CHAPTER 70, ARTICLE IV,
"SITE DEVELOPMENT REGULATIONS ", SECTION 70 -68 "LOT SIZE AND
DIMENSIONAL REQUIREMENTS ", SECTION 70 -70 "FLOOR AREA
CALCULATION ", SECTION 70 -74 "SETBACKS ", SECTION 70 -75
"SPECIAL EXCEPTION SETBACKS ", SECTION 70 -77 "FIRST FLOOR
ELEVATION "; CHAPTER 70, ARTICLE V, "AREAWIDE STANDARDS ",
DIVISION 1, "GENERAL ARCHITECTURAL STANDARDS ", SECTION 70 -98
"BUILDING FORM ", SECTION 70 -99 "ROOF DESIGN, SLOPE AND
MATERIALS ", SECTION 70 -100 "ROOF AND EAVE HEIGHTS ", SECTION
70 -101 "WINDOWS ", SECTION 70 -102 "SHUTTERS ", SECTION 70 -103
"ENTRANCES ", SECTION 70 -104 "EXTERIOR MATERIAL ", SECTION 70-
_. 105 "GARAGES AND ACCESSORY BUILDINGS ", SECTION 70 -106 "COLOR ",
SECTION 70 -107 "ADDITIONS AND REHABILITATIONS "; CHAPTER 70,
ARTICLE V, "AREAWIDE STANDARDS ", DIVISION 3, "GENERAL
LANDSCAPE STANDARDS ", SECTION 70 -148 "PRINCIPLES "; CHAPTER 70,
ARTICLE VI, "DISTRICT STANDARDS ", SECTION 70 -187 "TABLE OF
DISTRICT STANDARDS "; CHAPTER 70, ARTICLE VII, "PREDOMINATE
ARCHITECTURAL STYLES ", DIVISION I, SECTION 70 -208 "PROPERTY
SURVEY "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 2, "SPANISH MEDITERRANEAN REVIVAL STYLE
ARCHITECTURAL STANDARDS ", SECTION 70 -221 "EXTERIOR MATERIALS,
COLORS "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 3, "GULF STREAM BERMUDA STYLE ", SECTION 70-
238 "ROOFS ", SECTION 70 -239 "WINDOWS ", SECTION 70 -240
"SHUTTERS ", SECTION 70 -241 "ENTRANCES ", SECTION 70 -242
"EXTERIOR MATERIALS, COLORS ", SECTION 70 -243 "OTHER FEATURES ";
AGENDA CONTINUED
Page 3
CHAPTER 70, ARTICLE VIII, "SUPPLEMENTAL DEVELOPMENT
REGULATIONS ", SECTION 70 -269 "MAILBOXES "; CHAPTER 70, ARTICLE
IX, "APPENDIX ", SECTION 70 -298 "HISTORIC SURVEY "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (Second reading & Adoption)
B. Architectural Review and Planning Board Appointments
C' 1. Three appointments - Regular Members -3 year term each
2. Two appointments - Alternate Members -3 year term each
c. Items by Mayor and Commissioners.
XIII. Public.
XIV. 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
0
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 10, 2000 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 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and William F. Koch, Jr. Mayor
Participating: Joan K. Orthwein Vice Mayor
Fred B. Devitt III Commissioner
Robert W. Hopkins II Commissioner
William A. Lynch Commissioner
Also Present and
Participating
Kristin K. Garrison
John Randolph
Rita Taylor
William Thrasher
Robert Schultz
David Mathews
Barbara Crocker
Marda Zimring
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Engineer
G.S. School Rep.
Metricom Rep.
IV. Minutes of the Regular Meeting of February 11, 2000. Commissioner
Orthwein moved and Commissioner Devitt seconded that the minutes
be approved as circulated and all voted AYE at Roll Call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Manager requested to add a report from the Gulf Stream
School on Storm Drainage Improvement funding and suggested that it be
heard next on the agenda. She further requested that the Engineer's
Report, Item VIII.A. 1. & 2., be heard following the report from the
School. As the last change, she requested to add as Item XII.D.,
Consideration of Acceptance of County Road Maintenance. There were no
objections to the changes as requested.
Mayor Koch asked that the engineer, Mr. Mathews, present his report
first, after it was noticed that Mrs. Crocker, representing the school,
had not yet arrived.
C) Mr. Mathews reminded that he had been directed to prepare cost estimates
for a Topographical Survey of the Town, broken down into three separate
areas. He reported that he is presenting three options; a conventional
survey, an aerial survey and an aerial survey with black and white
photos. A written explanation of each, along with a price comparison,
was distributed.
The Commissioners were in agreement that the Core Area is the section
with the most serious drainage problems and the Topographical Map would
be most helpful. They further agreed that this area, identified by Mr.
AGENDA CONTINUED
Page 2
Mathews as Area III, should be done as soon as possible and the other
areas could be considered at a later time.
Commissioner Orthwein moved that an Aerial Survey with Black & White
Photos be authorized for Area III at a cost of $13,723.00, and that
these funds be taken from the Unappropriated Funds. The motion was
Qseconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
Mr. Mathews then called attention to the Preliminary Cost Opinion with
regard to construction of drainage improvements in the area of 2943 Polo
Drive. He pointed out that the storm run -off between Middle Road and
Golfview Drive from AlA to Polo Drive collects at the lowest point,
which is 2943 Polo Drive. The estimated cost is $56,137, which does not
include construction administration fees. Mr. Mathews pointed out that
it would be necessary to obtain an easement between lots 13 & 14 in Gulf
Stream Cove Subdivision and utilize the existing easement between lots
21 & 22 in Gulf Stream Cove, which he had originally thought to be
between Lots 20 & 21. He noted that the estimate would be reduced with
the preparation of the Topographical Map and the easement being between
lots 21 & 22. In closing Mr. Mathews pointed out that it would be
necessary to re -grade the alley at the rear of the properties, and that
the property owner at 2943 would also need to re -grade their backyard to
slope in the direction of the proposed catch basin in the alley in order
for the project to be successful.
Commissioner Hopkins questioned how the run -off from AlA is handled.
The engineer advised that this must be taken into consideration as
development occurs along AlA, adding that other municipalities have
tried to get DOT to share in the cost but have had no success.
Mayor Koch, noting the high cost of the project, believed that there
should be a cost sharing between the Town and all properties that
contribute storm run -off in this area.
Commissioner Orthwein suggested that no action be taken until the
Topographical Survey is available, and that this proposed solution be
reviewed at that time. The other members of the Commission were in
agreement with this suggestion.
ONoting that Mrs. Crocker had arrived, Town Manager Garrison reported
that at the meeting held by the Trustees of the Gulf Stream School
Thursday evening, the matter of storm drainage improvements was
considered. She was pleased to report that the school is willing to
join with the Town in the project and authorized an expenditure to match
that authorized by the Town, 50% of the cost of the project, up to
$10,500.
The Commission thanked the representatives of the school for joining
with the Town in funding the improvements.
AGENDA CONTINUED
Page 3
Mrs. Crocker was recognized and expressed, on behalf of the school,
their appreciation for having been given the opportunity to participate
in the storm drainage improvements. She requested that it be made a
part of the record that the school had complied with all drainage
requirements in connection with the recent improvements to the school as
well as all provisions in the Developer's Agreement.
QMr. Thrasher reminded that the proposed improvements are not expected to
completely correct the storm drainage problems in the area, only to
improve them.
Mrs. Crocker acknowledged that this is understood.
Mayor Koch asked how many students are enrolled in the school and was
advised there are 240, which includes full time and part time students.
VI. Announcements.
A. Regular Mee
1. Regular
2. Regular
3. Regular
4. Regular
5. Regular
tings and Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Hearings
Hearing
Hearing
Hearing
Hearing
Hearing
Mayor Koch called attention the meeting dates listed above and asked if
anyone has a conflict.
4 -14 -00 at 9 A.M.
5 -12 -00 at 9 A.M.
6 -2 -00 at 9 A.M.
7 -27 -00 at 9 A.M.
B -11 -00 at 9 A.M.
Commissioner Lynch advised that he would be unable to attend the August
11th meeting.
VII. PUBLIC HEARING.
A. Applications for Development Approval
Town Manager Garrison noted that no one is present to represent the
applicant and questioned if the Commission would prefer to defer this
matter to another meeting or consider the application at this time.
Attorney Randolph advised that if consideration is to be given now, the
quasi - judicial procedures must be followed. He noted that with no one
in attendance, there would be no oath administered.
The Commissioners agreed that the application would be heard at this
Omeeting as had been advertised.
Commissioner Lynch advised he had ex -parte communications with Muriel
Anderson and Rob Dittman in regard to this project.
Mayor Koch directed the Town Clerk to read the request and to present
the recommendations of the Architectural Review and Planning Board.
1. An application submitted by David Van Dinter, the owner of
property located at 960 Emerald Row, Gulf Stream, Florida,
which is legally described as Lot 59 Place Au Soleil
Subdivision.
AGENDA CONTINUED
Page 4
a. VARIANCE to permit installation of a boat lift that
exceeds 500# lifting capacity and will not be attached
to a sea wall.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of a 24'x5' wooden dock and installation
of a 25,000 lb., four -motor aluminum cradle boatlift
supported by 6 pilings.
Following the introduction of the application, The Town Clerk read the
recommendations of the Architectural Review and Planning Board from the
minutes of their Public Hearing at which this matter was considered. In
summary, the recommendations were as follows: 1) Denial of the variance
since the applicant stated that he would not accept a restrictive
covenant as recommended in the staff report, 2) That the Town Commission
explore the possibility of a future code change regarding the size of
boats and boat lifts, 3) Denial of approval the Level 3 Architectural/
Site Plan Review in that denial of the variance request was recommended.
Town Manager Garrison advised that the applicant had expressed a
willingness to comply with the staff recommendations regarding the size
of the boat and boat lift but would not accept the covenant that would
be necessary to enforce the restrictions.
Commissioner Devitt moved to uphold the decision of the Planning Board
and consistent with Section 66 -154, specifically Paragraph 4, in that
the portion submitted does not deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and he did not
see an undue hardship on the applicant by denying this request. The
motion was seconded by Commissioner Orthwein. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
Commissioner Orthwein moved and Commissioner Hopkins seconded to deny
the Level 3 Architectural /Site Plan Review. Roll Call: Comm. Orthwein;
AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor
Koch; AYE.
With regard to the recommendation from the ARPB that consideration be
given to the possibility of a future code change in relation to
controlling the size of boats, the Commissioners agreed that this should
be considered at such time as there are other code changes under study,
Orecognizing that a code change has just taken place.
VIII. Reports.
A. Town Engineer
1. Cost estimate for aerials for topographic map(s)
2. Cost estimate for study of Golfview /Polo area
These items were considered earlier in the meeting.
B. Town Manager
1. Metricom request RE: Installation- transmitting equipment
Town Manager Garrison explained that she had recently been contacted by
Marda Zimring in regard to the installation of wireless transmitting
AGENDA CONTINUED
Page 5
equipment in Gulf Stream, and she had asked Ms. Zimring to make a brief
presentation directly to the Commission.
Marda Zimring was recognized by Mayor Koch. She began by advising that
this equipment is for the purpose of providing wireless access to the
Internet for lap top computers, with the lap top being connected to a
piece of equipment similar to a modem. In addition, another piece of
Oequipment, about the size of a shoebox, is attached to the streetlights
or utility poles. She explained that to render proper service, 7 such
street light installations are required within each square mile of the
Town. Ms. Zimring, after displaying the piece of equipment that
attaches to the streetlights, advised that Metricom is requesting
approval from the Town to install this equipment. She advised they are
agreeable to a Franchise Agreement or a non - exclusive Right -of -Way Use
Agreement, and that they pay an annual fee of $60 per pole if it is a
municipal facility. Ms. Zimring closed by advising that Metricom is now
in negotiations with 20 municipalities in Palm Beach County for this
type of installation but none have signed agreements as yet.
Mayor Koch asked if the modem must be purchased from Metricom and the
answer was yes, the cost being $250 and that an additional fee of
approximately $30 per month is charged to the consumer.
Commissioner Hopkins asked for the names of any competitors and was
advised that there are none at this time as this is a very new
technology and Metricom is trying to get established before there is
other competition.
Commissioner Devitt asked if Metricom has locations selected and was
advised that they have made some preliminary selections but that the
Town would have a final say on all locations.
Mayor Koch asked what amount could be expected from franchise revenue
and was advised the standard fee is 1% of the revenue generated within
the Town. He then suggested that the Town take a "wait and see"
position, until other Towns have had an opportunity to arrive at a
decision regarding this matter. All Commissioners were in agreement
with this suggestion.
Town Manager Garrison indicated that other cities were in the process of
Cadopting a right -of -way Use Ordinance in order to address requests such
as this one.
Attorney Randolph advised Federal Laws are governing this industry and
they are changing rapidly in an effort to keep up with this new
technology. He recommended that the Town seriously consider having
legislation in place to control the rights -of -way.
2. March flyer to residents
The Town Manager called attention to the draft of the flyer in the
agenda packet that addresses only two items, Census 2000 participation
and update on the drainage engineering studies. She asked approval for
this mailing, adding that it would be updated to include action taken at
AGENDA CONTINUED
Page 6
this meeting with regard to the engineering studies. The Commission
directed that the flyer be sent.
3. Generator Location for the lift station near Town Hall
Mrs. Garrison stated that she had not received a final proposal on the
matter but it seemed certain that the generator would be placed on the
existing concrete slab in back of the dumpster. She further stated that
she is expecting to hear from the contractor with the cost for enclosing
the area with a screening fence, including an option to include the
dumpster within the screening.
The Commission urged the Association to move forward with the permanent
placement of the generator prior to Hurricane season.
C. Town Attorney
There was no report from the Town Attorney.
D. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting & Public Hearing 3- 23 -00, 8:30 A.M.
b. Regular Meeting & Public Hearing 4- 27 -00, 6:30 A.M.
c. Regular Meeting & Public Hearing 5- 25 -00, 8:30 A.M.
d. Regular Meeting & Public Hearing 6- 22 -00, 8:30 A.M.
e. Regular Meeting & Public Hearing 7- 26 -00, 8:30 A.M.
Mayor Koch called attention to these meeting dates.
E. Finance Director
1. Financial Report for February 2000
William Thrasher, Finance Director advised that there is nothing out of
the ordinary in the report for this month.
Commissioner Lynch moved and Commissioner Hopkins seconded that the
report be approved as submitted. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
F. Police Chief
1. Activity for February 2000
Chief Schultz presented a report on the police activity for February
2000 and added that 4 officers had taken a few of their accumulated
vacation days and that Detective Haseley had attended a burglary
intelligence meeting at the Palm Beach County Sheriffs Office. He
further reported that the Florida Department of Law Enforcement
Inspector has reviewed all records pertaining the employment of Gulf
Stream's newest officer and found the Department to be 100% in
compliance with state standards and training guidelines.
Mayor Koch complimented the Chief on the caliber of personnel he has
hired, noting the problems other towns are experiencing along these
lines.
IX. Recess for the meeting of the Land Development Regulation Commis.
Commissioner Lynch moved and Commissioner Orthwein seconded to
recess the meeting until such time as the Land Development Regulation
Commission has held their meeting. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch;
AYE. The Mayor recessed the meeting at 10:00 A.M.
AGENDA CONTINUED
Page 7
X. Meeting of the Land Development Regulation Commission.
A. Review of Ordinance 00 /1 for consistency with Comprehensive
Plan and recommendations to the Town Commission
Mayor Koch called the meeting to order at 10:00 A.M.
Town Manager Garrison explained that the Land Development Regulation
Commission is charged with reviewing proposed changes in the Code that
0 involve land use in order to determine if those changes are consistent
with the Comprehensive Plan. She further explained that the changes
proposed in Ordinance No. 00 -1 do involve land use.
Commissioner Lynch moved that Ordinance No. 00 /1 be found to be
consistent with the Comprehensive Plan and the motion was seconded by
Commissioner Devitt. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE,
Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
B. Adjournment
Commissioner Devitt moved and Comm. Orthwein seconded that the meeting
be adjourned. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm.
Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch.
XI.
Commissioner
Comm. Devitt;
=_ne Meeting of the Town
to reconvene the m
Lynch seconded the
AYE, Comm. Lynch;
Commission. Commissioner Orthwein
of the Town Commission and
motion. Roll Call: Comm. Orthwein; AYE,
AYE, and Mayor Koch; AYE.
XII. Items for Commission Action.
A. ORDINANCE NO. 00 /1; AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE TOWN OF GULF STREAM AT
CHAPTER 42 RELATING TO BUILDING AND BUILDING REGULATIONS TO
ADD NEW SECTIONS ADDRESSING CONSTRUCTION ABANDONMENT AND
DRIVEWAY PERMITS; CHAPTER 44 RELATING TO CONCURRENCY
MANAGEMENT BY REPEALING SECTION 44 -34, ANNUAL CONCURRENCY
REPORT; CHAPTER 58 RELATING TO PLANNING AND DEVELOPMENT,
ARTICLE VI, "LAND CLEARING ", SECTION 58 -137 "EXEMPTIONS ",
SECTION 58 -138 "PERMIT REQUIRED", SECTION 58 -140 "APPLICATION
FEE "; CHAPTER 62 RELATING TO SUBDIVISIONS, SECTION 62 -6
"ALIGNMENT OF STREETS, PROVISIONS FOR UTILITIES ", SECTION 62 -9
"FEES "; CHAPTER 66, ARTICLE I, SECTION 66 -1 "DEFINITIONS ";
CHAPTER 66, ARTICLE V, "SITE PLANS ", DIVISION 2,
O "ARCHITECTURAL /SITE PLAN REVIEW - LEVELS 1, 2 AND 311, SECTION
66 -141 "APPLICABILITY "; CHAPTER 66, ARTICLE VI, DISTRICT
REGULATIONS, DIVISION 3, "RM MULTIPLE - FAMILY RESIDENTIAL
DISTRICT ", SECTION 66 -235 "SIDE YARD REQUIRED "; CHAPTER 66,
ARTICLE VII, "NORTH OCEAN BOULEVARD OVERLAY DISTRICT ", SECTION
66 -325 "MITIGATION ", ADDING A NEW SECTION 66 -330 "RECREATIONAL
USES "; CHAPTER 66, ARTICLE VIII, SUPPLEMENTARY DISTRICT
REGULATIONS, DIVISION 2, "ACCESSORY STRUCTURES AND
RECREATIONAL FACILITIES, SECTION 66 -367 "SWIMMING POOLS ",
SECTION 66 -369 "DOCKS "; CHAPTER 66, ARTICLE VIII,
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 5, "PARKING ",
SECTION 66 -416, "PARKING OF RECREATIONAL EQUIPMENT OR
AGENDA CONTINUED
Page 8
COMMERCIAL VEHICLES ", DIVISION 6, "SETBACKS ", SECTION 66 -431
"STATE ROAD AlA "; CHAPTER 70, SO AS TO MODIFY ALL REFERENCES
TO "FRINGE" OR "RS -F" IN CHAPTER 70 AND IN THE APPENDICES TO
"NORTH /SOUTH" AND "N /S" RESPECTIVELY; CHAPTER 70, RELATING TO
THE DESIGN MANUAL, ARTICLE II "SINGLE- FAMILY DISTRICTS ",
SECTION 70 -27 "DISTRICT DESCRIPTIONS "; CHAPTER 70, ARTICLE IV,
Q "SITE DEVELOPMENT REGULATIONS ", SECTION 70 -68 "LOT SIZE AND
DIMENSIONAL REQUIREMENTS ", SECTION 70 -70 "FLOOR AREA
CALCULATION ", SECTION 70 -74 "SETBACKS ", SECTION 70 -75
"SPECIAL EXCEPTION SETBACKS ", SECTION 70 -77 "FIRST FLOOR
ELEVATION "; CHAPTER 70, ARTICLE V, "AREAWIDE STANDARDS ",
DIVISION 1, "GENERAL ARCHITECTURAL STANDARDS ", SECTION 70 -98
"BUILDING FORM ", SECTION 70 -99 "ROOF DESIGN, SLOPE AND
MATERIALS ", SECTION 70 -100 "ROOF AND EAVE HEIGHTS ", SECTION
70 -101 "WINDOWS ", SECTION 70 -102 "SHUTTERS ", SECTION 70 -103
"ENTRANCES ", SECTION 70 -104 "EXTERIOR MATERIAL ", SECTION 70-
105 "GARAGES AND ACCESSORY BUILDINGS ", SECTION 70 -106 "COLOR ",
SECTION 70 -107 "ADDITIONS AND REHABILITATIONS "; CHAPTER 70,
ARTICLE V, "AREAWIDE STANDARDS ", DIVISION 3, "GENERAL
LANDSCAPE STANDARDS ", SECTION 70 -148 "PRINCIPLES "; CHAPTER 70,
ARTICLE VI, "DISTRICT STANDARDS ", SECTION 70 -187 "TABLE OF
DISTRICT STANDARDS "; CHAPTER 70, ARTICLE VII, "PREDOMINATE
ARCHITECTURAL STYLES ", DIVISION I, SECTION 70 -208 "PROPERTY
SURVEY "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 2, "SPANISH MEDITERRANEAN REVIVAL STYLE
ARCHITECTURAL STANDARDS ", SECTION 70 -221 "EXTERIOR MATERIALS,
COLORS "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 3, "GULF STREAM BERMUDA STYLE ", SECTION 70-
238 "ROOFS ", SECTION 70 -239 "WINDOWS ", SECTION 70 -240
"SHUTTERS ", SECTION 70 -241 "ENTRANCES ", SECTION 70 -242
"EXTERIOR MATERIALS, COLORS ", SECTION 70 -243 "OTHER FEATURES ";
CHAPTER 70, ARTICLE VIII, "SUPPLEMENTAL DEVELOPMENT
REGULATIONS ", SECTION 70 -269 "MAILBOXES "; CHAPTER 70, ARTICLE
IX, "APPENDIX ", SECTION 70 -298 "HISTORIC SURVEY "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (Second reading & Adoption)
The Town Clerk read Ordinance No. 00 /1 by title and announced that it
has been properly advertised for adoption at this time.
OCommissioner Orthwein moved and Commissioner Lynch seconded the adoption
of Ordinance No. 00 /1. There was no comment from the public. Roll
Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
B. Architectural Review and Planning Board Appointments
Town Manager Garrison explained that four of the members of the ARPB
whose terms are expiring have acknowledged that they are willing to
serve another term. She advised that Marjorie McGraw, an Alternate
Member, does not feel she will be available for meetings this next year
as she has other commitments. However, Mrs. McGraw advised she would
like to be considered for the position once again at a later time.
AGENDA CONTINUED
Page 9
1. Three appointments - Regular Members -3 year term each
2. Two appointments - Alternate Members -3 year term each
Commissioner Lynch moved and Commissioner Orthwein seconded that Muriel
Anderson, Douglas Hornberger and Perry O'Neal be re- appointed as Regular
Members of the ARPB, and that Charles Frankel be re- appointed as an
Alternate Member of the ARPB, all terms being for a 3 year period. Roll
Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
Mayor Koch asked if there were any nominations to fill the second
Alternate position.
Commissioner Orthwein suggested that Cynthia Neeves be considered, but
added that she did not know if she would be willing to serve. The
Commissioner noted that Mrs. Neeves has served as Chairman of the
Historic Highway Committee and taken an interest in the town and its
development. The Mayor and other Commissioners were pleased with this
suggestion and Mayor Koch advised that he would contact Mrs. Neeves to
determine if she would accept an appointment.
C. Items by Mayor and Commissioners.
Mayor Koch noted that the Town has recently been requiring approval of
design from various Homeowner Associations when applications for
development approval are considered by the Town. The Mayor pointed out
that the Town cannot legally enforce deed restrictions and he believed
Town approval should not be conditioned on the applicant meeting deed
restrictions. Commissioner Devitt concurred with the Mayor, as did the
other Commissioners. Commissioner Devitt moved and Commissioner
Orthwein seconded that it be a Town Policy that Homeowner Association
approval shall not be a part of development approvals. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
The Town Manager explained that it had been a courtesy to the
Associations to have them be informed as to what is planned for their
areas and receive their input. She further explained that the
Associations generally defer to the Town where design is concerned
D. Consideration of Acceptance of County Road Maintenance
Town Manager Garrison advised that at the direction of Mayor Koch, Mr.
Thrasher had contacted Palm Beach County with regard to their re- paving
County Road. She further advised that even though the County had sent a
OResolution to the Town many years ago handing County Road to the Town,
the Town had never accepted it. Upon checking their records, Palm Beach
County acknowledged this to be true and are now offering to re -pave
County one more time if the Town will accept future maintenance
responsibilities.
It was noted that there are drainage problems with County Road and the
Commission was reluctant to agree to acceptance of the road at this
time. It was felt that the County should share in any future drainage
improvements since properties in their jurisdiction contribute
considerably to the drainage problems.
AGENDA CONTINUED
Page 10
The Town Clerk advised that Mr. Harrington had approached the County
about sharing drainage improvement costs several years previous and did
have a commitment from them. She further advised that the plan fell
apart when St. Andrews would not agree to using the area in front of
their property abutting AlA as a soaking area for the runoff.
OThe Commission directed the staff to review the file on this past effort
and pursue the matter with St. Andrews. It was agreed that acceptance
of County Road would be considered at a later time.
XIII. Public. There was no comment from the public.
XIV. Adjournment. Mayor Koch adjourned the meeting at 10:20 A.M.
following a motion to do so made by Commissioner Lynch that was
seconded by Commissioner Devitt with all voting in the affirmative.
Rita L. Taylor, Tow Clerk
O
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on March 23, 2000 at
8:30 A.M., and the Town Commission will hold a Public Hearing on April 14,
2000 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea
Road, Gulf Stream, Florida, at which the following will be considered:
An application submitted by John Marino, owner of the property located
at 2582 Avenue Au Soleil, Gulf Stream, Florida, which is legally
described as Lot 29, Place Au Soleil Subdivision, for a Level 3
Architectural /Site Plan Review, to permit the construction of a one-
story single family dwelling, with some Mediterranean features, and
consisting of 4,283 square feet.
The Architectural Review and Planning Board shall make a recommendation to
the Town Commission, and the Town Commission shall make a final decision
regarding the subject application at the meetings noticed above. These
meetings may be adjourned from time to time and place to place as may be
necessary to hear all parties and evidence.
The complete application materials are on file in the Office of the Town
Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, 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 THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of the Town
of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS 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.
TOWN OF GULF STREAM, FLORIDA
Dated: March 10, 2000 ?"iAxy� /J
Rita L. Taylor, T wn Clerk