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HomeMy Public PortalAbout10/27/2000October 20, 2000 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch O REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 27, 2000 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. Ereffirk MIT, I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes A. Regular Meeting of 9 -13 -00 B. Public Hearing (Tentative Budget) of 9 -13 -00 C. Public Hearing (Final Budget Adoption) of 9 -26 -00 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. VII 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 11 -9 -00 @ 9 A.M. 12 -8 -00 @ 9 A.M. 1 -12 -01 @ 9 A.M. 2 -9 -01 @ 9 A.M. 3 -9 -01 @ 9 A.M. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Rustem Kupi, as Agent for Tracy Scala, owner of the property located at 3421 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as part of Lot 5 and Part of Lot 6, Gulf Stream Ocean Tracts Subdivision, for approval of the following: a. NORTH OCEAN BLVD. OVERLAY PERMIT to relocate the driveway and plant material, and install entry gate. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to demolish the existing structures and construct a two -story Anglo- Caribbean style home consisting of 9,934 square feet which includes two garages with living area on the second story. 2. An application submitted by Jay Colestock, as Agent for M & H Developers of Palm Beach, Inc., the owners of property located at 3251 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 2 and part of Lot 1, Gulf Stream Properties Subdivision, for approval of the following: a. SPECIAL EXCEPTION to exceed the Floor Area Ratio by 218 square feet for un- enclosed porch area. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a one -story Bermuda style single family home consisting of 6,105 square feet. 3. An application submitted by Peter Ince /Randall Stofft, as agents for Barry & Pamela Goodman, the owners of property located at 3603 N. Ocean Blvd., Gulf Stream, Florida, legally described in metes and bounds in Lot 8, Gulf Stream Ocean Tracts Subdivision, for approval of the following: AGENDA CONTINUED Page 2 a. SPECIAL EXCEPTION to allow construction of a dune walkover and addition of sand, 3' in depth, to cover existing rock east of the 1978 Coastal Construction Control Line. B. Items related to previous approvals. 1. Diamond Elevation Revision -eave height 2216" to 24' VIII. Reports. A. Town Manager 1. New flood (F.I.R.M.) maps proposed 2. Drainage Update a. Van Lennep -final cost b. Rogers connection -full permit required c. Diamond outfall -15" vs. 24" d. Crocker outfall & alternate pump location B. Town Attorney C. Architectural Review & Planning Board 1. Recommendations to Town Commission a. Code Amendment related to eave heights b. Declaration of Zoning in Progress 2. Meeting Dates a. Regular Meeting & Public Hearing, 11 -16 -00 @ 8:30 A.M. b. Regular Meeting & Public Hearing, 12 -21 -00 @ 8:30 A.M. c. Regular Meeting & Public Hearing, 1 -25 -01 @ 8:30 A.M. d. Regular Meeting & Public Hearing, 2 -22 -01 @ 8:30 A.M. D. Finance Director 1. Financial Report for September 2000 2. Water Usage as of September 2000 E. Police Chief 1. Activity for September 2000 IX. Items for Commission Action. A. ARPB Appointment for a full member position B. RESOLUTION NO. 000 -3; A resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, adopting the Unified Local Mitigation Strategy by the Town of Gulf Stream; providing for a severance clause; and providing for an effective date. C. Items by Mayor and Commissioners. O 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. 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, OCTOBER 27, 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 9:00 A.M. II. Pledge of Allegiance. Mayor Koch led the Pledge of Allegiance. 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 Garrison Town Manager William Thrasher Assistant Town Mgr. Gary Ward Police Chief Yvonne Manboard Deputy Clerk Timothy Diamond Agent- Delray Ocean Estate Jay Colestock Agent for M & H Devel. Randall Stofft Architect Peter Ince Architect Rustem Kupi Agent for Tracy Scala Dr. Luke Resident IV. Minutes. A. Regular Meeting of 9 -13 -00 Commissioner Devitt moved and Commissioner Lynch seconded that the minutes are approved as circulated. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. B. Public Hearing (Tentative Budget) of 9 -13 -00 Commissioner Orthwein moved and Commissioner Lynch seconded that the minutes are approved as circulated. All voted AYE at Roll Call. C. Public Hearing (Final Budget Adoption) of 9 -26 -00 Commissioner Orthwein moved and Commissioner Lynch seconded that the minutes are approved as circulated. All voted AYE at Roll Call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. IJ VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 11 -9 -00 @ 9 A.M. 2. Regular Meeting & Public Hearing 12 -8 -00 @ 9 A.M. 3. Regular Meeting & Public Hearing 1 -12 -01 @ 9 A.M. 4. Regular Meeting & Public Hearing 2 -9 -01 @ 9 A.M. 5. Regular Meeting & Public Hearing 3 -9 -01 @ 9 A.M. Mayor Koch announced these meeting dates. Minutes of the Regular Meeting and Public Hearing Page 2 Town Commission - October 27, 2000 VII. PUBLIC HEARING. Mayor Koch asked that all persons who intended to speak please stand to take the oath. The Deputy Clerk administered the oath to Randall Stofft, Peter Ince, Jay Colestock, Rustem Kupi, Timothy Diamond, Dr. Luke. There were no ex -parte communications declared by the Commissioners. A. Applications for Development Approval /� 1. An application submitted by Rustem Kupi, as Agent 0 for Tracy Scala, owner of the property located at 3421 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as part of Lot 5 and Part of Lot 6, Gulf Stream Ocean Tracts Subdivision, for approval of the following: Rustem Kupi, agent for Mr. Scala displayed a color rendering and explained that the proposed improvements include a two -story Anglo- Caribbean design with a two -car garage on the north side, two pools nestled between the house with the entry through a courtyard that will have a large specimen tree in the center. Mrs. Garrison inquired of Mr. Kupi if the owners were proposing any improvements seaward of the 1978 CCCL. If so, they will need to apply for a Special Exception. Mr. Kupi stated there were no plans at the moment. Mayor Koch asked the Board if they had any questions and what was the Architectural Review and Planning Board decision. Town Manager Garrison informed the Board that the ARPB recommended approval of the design due to the fact that it is consistent with Design Manual. a. NORTH OCEAN BLVD. OVERLAY PERMIT to relocate the driveway and plant material, and install entry gate. Commissioner Devitt moved and Commissioner Lynch seconded that the NORTH OCEAN BLVD. OVERLAY PERMIT be approved based on a finding that it is consistent with the Design Manual and the AlA Landscape Enhancement Project. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to demolish the existing structures and construct a two -story Anglo- Caribbean style home consisting of 9,934 square feet which includes two garages with living area on the second story. 1.Commissioner Orthwein moved and Commissioner Lynch seconded that the LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW be approved based on a finding that all applicable code requirements have been met, subject to the following: 1) The Building color shall be consistent with the guidelines in the Design Manual. Use of different paint colors to create a half elevation treatment is prohibited. 2) Drainage plans prepared by a registered engineer shall be submitted prior to building permit, demonstrating no adverse impact to adjacent properties. Minutes of the Regular Meeting and Public Hearing Page 3 Town Commission- October 27, 2000 C) 3) Regarding the Perimeter wall: (a) The perimeter wall shall be limited to a maximum height of eight feet, except the section located within 15 feet of the 1978 CCCL shall be limited to a maximum height of 4 feet. All measurements shall be taken from the lowest grade adjacent to the wall. (b) No solid continuous exposed walls are permitted. (c) Both sides of the wall shall be finished with stucco and painted. �1 (d) Additionally, the applicant is asked to coordinate the wall installation and exterior finishing and color with the adjacent property owners. 4) The Construction Traffic Management Plan submitted with the application shall be followed during construction. 5) Prior to issuance of a certificate of occupancy, the property owner shall file a Maintenance and Removal Covenant that requires the property owner to provide perpetual maintenance of the landscape materials proposed in the AlA Right -of -Way. 6) A Copy of the DEP approved construction drawings shall be provided to the Town as soon as they are issued. Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. 2. An application submitted by Jay Colestock, as Agent for M & H Developers of Palm Beach, Inc., the owners of property located at 3251 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 2 and part of Lot 1, Gulf Stream Properties Subdivision, for approval of the following: Mr. Colestock, agent for M & H developers displayed a color rendering and explained that the proposed improvement is for a one -story 6,015 Gulf Stream Bermuda style home with a swimming pool. A light mustard yellow color with white trim and dark green shutters is shown in the rendering. Mayor Koch asked if any of the Board members had any question. Commissioner Devitt inquired as to the type of driveway material that will be used. Mr. Colestock stated that a terra cotta color brick paver will be used. Mrs. Garrison complimented Mr. Colestock on his work and informed him if he decided to change the present color of light mustard yellow to something else, he should contact the Town. a. SPECIAL EXCEPTION to exceed the Floor Area Ratio by 218 square feet for un- enclosed porch area. Commissioner Lynch moved and Commissioner Devitt seconded that the SPECIAL EXCEPTION be approved subject to the following condition: 1) Prior to the issuance of a certificate of occupancy, the owner shall record a deed restriction requiring that 654 s.f. of the rear porch area shall forever remain unenclosed as long as the structure exists. Roll Call: Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Commissioner Devitt; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit the Jconstruction of a one -story Bermuda style single family home consisting of 6,105 square feet. Minutes of the Regular Meeting and Public Hearing Page 4 Town Commission - October 27, 2000 OCommissioner Lynch moved and Commissioner Devitt seconded that the LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW be approved based on a finding that the proposed home is consistent with applicable review standards, with the following conditions: 1) Site grading shall be constructed according to the approved drainage plan. Any replacement driveway shall be designed to include a swale, to prevent run -off drainage onto the road and to facilitate the free flow of drainage across the front of the property. 2) The Construction Traffic Management Plan submitted with the application shall be followed during construction. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. 3. An application submitted by Peter Ince /Randall Stofft, as agents for Barry & Pamela Goodman, the owners of property located at 3603 N. Ocean Blvd., Gulf Stream, Florida, legally described in metes and bounds in Lot 8, Gulf Stream Ocean Tracts Subdivision, for approval of the following: Mr. Stofft explained that they are trying to create an unobtrusive beach walkway. The project has approval from the state and the Department of Environment Protection. In an effort to appease the neighbors to the north the owners changed the plan to reflect a single rail with no crossbars, and move a couple of feet off the property line. Mrs. Garrison informed the Board that the improvement had been recommended for approval at the 10 -26 -00 ARPB meeting. a. SPECIAL EXCEPTION to allow construction of a dune walkover and addition of sand, 3' in depth, to cover existing rock east of the 1978 Coastal Construction Control Line. Commissioner Orthwein moved and Commissioner Lynch seconded that the SPECIAL EXCEPTION be approved subjected to the following conditions: 1) The walkover shall be constructed to minimize its height, bulk and visual impact as much as possible. In order to accomplish this: (a) No cross members will be used (internal braces are acceptable) (b) No treads will be placed on the level top of the seawall. (c) Stair height shall not exceed 13" above grade. (d) Railing height not to exceed 36" above grade. (e) A single rail will be placed on the south side only. The rail will be eliminated if not required for safety purposes. 'f Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. B. Items related to previous approvals. 1. Diamond Elevation Revision -eave height 2216" to 24' Town Manager Garrison explained that Mr. Diamond has had previous Site Plan Review approval and he is requesting an approval for revision of the eave height from 2216" to 241. The ARPB recommend approval on -� 10- 26 -00. Minutes of the Regular Meeting and Public Hearing Page 5 Town Commission- October 27, 2000 C, Commissioner Lynch moved and Commissioner Hopkins seconded to approve the elevations with a 24' second story eave height and an 111611 one story eave height, and the second story eave height increase from 221611 (as originally approved) to 24''. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. O VIII. Reports. A. Town Manager 1. New flood (F.I.R.M.) maps proposed Mrs. Garrison informed the Board that FEMA is proposing to change the FIRM maps. Changes are proposed in the reference datum from NGVD to NAVD. This change, she stated, will have a significant impact on the flood elevation in town and on application of the building permit process. She advised that she will continue to monitor the changes. 2. Drainage Update a. Van Lennep -final cost Mrs. Garrison informed the Board that the final cost of the catch basin installation at 2950 Polo Drive was $44,683.58. b. Rogers connection -full permit required Town Manager asked the Board for direction and permission to commence Phase III of the "south town area" drainage project. This would include installation of a catch basin on Gulf Stream Road, connecting to the pipe installed on 2930 Gulf Stream Road, and installing a catch basin in the Town's alley between Gulf Stream Road and Polo Drive, then installing a pipe on Mr. Roger's property connecting from the alley to Polo Drive, then going under the road connecting to the catch -basin and pipe that was installed on the Van Lennep property. She also stated that Mr. Rogers had agreed to cost -share in the project. Commissioner Devitt inquired if the road had to be torn up in order to do this work. Mr. Thrasher said yes and this is the reason why Polo Drive has not been paved as yet. The Board discussed Phase III of the project and decided that more assurance is needed to ensure positive drainage. Commissioner Orthwein moved and Commissioner Hopkins seconded that confirmation from the Town's Engineers is need to determine whether the ` pipe is low enough to ensure positive drainage from areas further north on Gulf Stream Road. If confirmation is received, the Commission authorized phase III. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. c. Diamond outfall -15" vs. 24" Mrs. Garrison requested direction from the Commission regarding J replacement or upgrade of the 18" pipe to 24" at the time that Mr. Diamond demolishes his house, when we would have the opportunity to complete the work without disturbing anything. Mr. Diamond would be Minutes of the Regular Meeting and Public Hearing Page 6 Town Commission - October 27, 2000 responsible for the cost extending the existing drainage pipe out to the new seawall. Commissioner Orthwein moved and Commissioner Lynch seconded a motion to approve replacement of the 18" pipe with a 24" pipe at the time Mr. Diamond demolishes the home at 600 Wright Way, subject to partial cost - sharing by Mr. Diamond, with cost estimated at $67,600. Roll Call: O Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. d. Crocker outfall & alternate pump location Town Manager Garrison reminded the Commission that the Little Club negotiations were not successful and that other solutions to the problem area in the vicinity of Polo Drive and Old School Road are being explored. An alternative is to install two submersible pumps in the right -of -way and connect to the outfall through the easement at the Crocker property. The system would be manually operated and used in emergency situations only. Commissioner Orthwein moved and Commissioner Lynch seconded a motion to move ahead with the engineer's work and the Water Management District requirements. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Recommendations to Town Commission a. Code Amendment related to save heights Mrs. Garrison explained that in order to ensure appropriate building scale, the ARPB recommends lowering the save height from 12' to 1016" for the one -story portions of the two -story structure. The Commission discussed the one -story eave height recommendations from the ARPB but decided further information was needed before a decision is made. The commission requested an eave height case study from the Planning Board. b. Declaration of Zoning in Progress Commissioner Lynch inquired if two months is long enough to allow zoning in progress. �r Mr. Randolph stated that two months was not long enough and suggested no more than six months. Commissioner Orthwein moved and Commissioner Lynch seconded a motion to declare Zoning in Progress with a case study to be conducted within a three -month period of time. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. Minutes of the Regular Meeting and Public Hearing Page 7 Town Commission - October 27, 2000 2. Meeting Dates a. Regular Meeting & Public Hearing, 11 -16 -00 @ 8:30 A.M. b. Regular Meeting & Public Hearing, 12 -21 -00 @ 8:30 A.M. c. Regular Meeting & Public Hearing, 1 -25 -01 @ 8:30 A.M. d. Regular Meeting & Public Hearing, 2 -22 -01 @ 8:30 A.M. Mayor Koch announced these dates. D. Finance Director f� 1. Financial Report for September 2000 / Finance Director Thrasher explained that the Financial Report is as expected and asked that it be approved as distributed, if there were no questions. Mr. Thrasher added that all projects are completed and the Town has a positive flow to the fund balance, with surplus funds coming in from interest income, grant monies from Federal State level and $18,000.00 in contributions from the Civic Association and residents who cost share. Commissioner Orthwein moved and Commissioner Lynch seconded that The financial report be approved as circulated. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. 2. Water Usage as of September 2000 The water report was made a part of the official record. E. Police Chief 1. Activity for September 2000 Chief Ward presented his report on the police activity for September, adding that there was no unusual activity. Chief Ward also informed the Board that Sergeant Allen was promoted to the rank of Lieutenant, and Officers Schlosser and Haseley was promoted to Sergeants, as was approved in the fiscal year 2000 -01 budget. The Chief also added that Sergeant Haseley attended a seminar on school violence conducted by the US Secret Service and he also attended the monthly countywide Criminal Intelligence Meeting at the Palm Beach Sheriff's Office. IX. Items for Commission Action. A. ARPB Appointment for a full member position Commissioner Orthwein moved and Commissioner Lynch seconded to appoint alternate member Charles Frankel as a full -time member of the ARPB. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE, . Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. B. RESOLUTION NO. 000 -3; A resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, adopting the Unified Local Mitigation Strategy by the Town of Gulf Stream; providing for a severance clause; and providing for an effective date. Mayor Koch asked the Town Manager to explain this resolution. Mrs. Garrison explained that The Commission already approved the Palm Beach County Local Mitigation Strategy. This is a plan that addresses Minutes of the Regular Meeting and Public Hearing Page 8 Town Commission- October 27, 2000 areas that are impacted during natural disasters and are prone to repetitive damage and makes the Town eligible for federal funds. It can also credit the Town towards the Community Rating System, which saves residents money on flood insurance. Commissioner Orthwein moved and Commissioner Lynch seconded that OResolution No. 000 -3, the Unified Local Mitigation Strategy be adopted. Roll Call: Commissioner Devitt; AYE, Commissioner Lynch; AYE Commissioner Hopkins; AYE, Vice Mayor Orthwein; AYE, and Mayor Koch; AYE. C. Items by Mayor and Commissioners. There were no items by the Commissioners. X. Public. Dr. Luke, a resident on Middle Road expressed concern regarding the excessive construction and remodeling in Town and especially on his street. He made several suggestions as to how the Town should handle this situation such as developing a growth and redevelopment policy and limiting the amount of permits issued for a given area at the same period of time. The Mayor informed Dr. Luke that the Town has a Construction Management Policy and the Police department does good a job of monitoring construction sites. Attorney Randolph advised that the Town might face lawsuits from contractors if this type of restriction were implemented, unless a moratorium is declared. The Mayor thanked Dr. Luke for his comments and suggestions and was sympathetic to his concerns. XI. Adjournment. Mayor Koch adjourned the meeting at 10:45 A.M tYvneManboard, Deputy Cler