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HomeMy Public PortalAbout02/14/2003February 7, 2003 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, FEBRUARY 14,2003, 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 January 10, 2003. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings I. March 14, 2003 @ 9 A.M. 2. April 11, 2003 @ 9 A.M. 3. May 9, 2003 @ 9 A.M. 4. June 13, 2003 @ 9 A.M. 5. July 11, 2003 @ 9 A.M. G. August 8, 2003 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Brian McCarron, as Agent for Robert O'Reilly, the owner of the property located at 3310 Oleander Way, Gulf Stream, Florida, which is legally Described as Lot 43A & Lot 44 less the north 501, Gulf Stream Properties ##2 subdivision. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the con- struction of a 5,491 square foot two -story Bermuda style single family dwelling with a three -car garage, basement and swimming pool. b. SPECIAL EXCEPTION to exceed the Floor Area Ratio by 105 square feet for un- enclosed patio /loggia area. c. LAND CLEARING PERMIT to remove overgrown vegetation and permit the reorientation of the structure to face Lakeview Drive rather than Oleander Way. VIII. Reports. A. Town Manager 1. Feral Cat Program Update 2. Little Club Update B. Architectural Review & Planning Board 1. Meeting Dates a. February 27, 2003 @ 8:30 A.M. b. March 27, 2003 @ 8:30 A.M. C. April 24, 2003 @ 8:30 A.M. d. May 22, 2003 @ 8:30 A.M. e. June 26, 2003 @ 8:30 A.M. 2. Establishment of procedures for presenting projects C. Finance Director 1. Financial Report for January 2003 2. Water Usage as of January 31, 2003 XI. Public. n XII. 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 AGENDA CONTINUED D. Police Chief 1. Activity for January 2003 IX. Items for Commission Action. A. Drafts of proposed Ordinances 1. #03/1 to lower eave heights on two -story dwellings in all single family districts except Beachfront and Ocean West 2. #03/2 to include additional standards for review of development applications B. Resolutions 1. NO. 003 -1: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING COUNTIES AND MUNICIPALITIES, AT THEIR OPTION, TO COLLECTLOCAL GOVERNMENT CODE ENFORCEMENT FINES IN THE SAME MANNER AS NON -AD VALOREM ASSESSMENTS. 2. NO. 003 -2: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ACCEPTING JURISDICTION OF COUNTY ROADS PREVIOUSLY TRANSFERRED TO THE TOWN BY THE COUNTY PURSUANT TO COUNTY RESOLUTION NO. R -81 -351 AND RESOLUTION NO. R -81 -805; PROVIDING AN EFFECTIVE DATE. C. Police and Fire Communications Agreement -City of Delray Beach D. Items by Mayor and Commissioners. X. Correspondence. A. Resolution No. 68 -2002 of the City of Lake Worth, Florida, to The Florida Legislature, urging the enactment of legislation authorizing counties and municipalities, at their option, to collect local government code enforcement fines in the same manner as non -ad valorem assessments; providing for distribution; providing an effective date. XI. Public. n XII. 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, FEBRUARY 14, 2003, 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 Mayor Koch. III. Roll Call. Present and William F. Koch, Jr. Participating:Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch Also Present and William Thrasher Participating:John Randolph Rita Taylor Garrett Ward Brian McCarron Dr. Curtis True Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Police Chief Agent for O'Reilly Resident IV. Minutes of the Regular Meeting of January 10, 2003. Commissioner Devitt moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to withdraw Item IX.B.2. and Item IX.C. and then requested that Item IX.E., Extension of Development Approval at 2918 N. Ocean Boulevard be added. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 14, 2003 @ 9 A.M. 2. April 11, 2003 @ 9 A.M. 3. May 9, 2003 @ 9 A.M. 4. June 13, 2003 @ 9 A.M. 5. July 11, 2003 @ 9 A.M. 6. August 8, 2003 @ 9 A.M. Mayor Koch announced these dates. Commissioner Hopkins advised he would not be available for the April 11th meeting. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Brian McCarron, as Agent for Robert O'Reilly, the owner of the property located at 3310 Oleander Way, Gulf Stream, Florida, which is legally Described as Lot 43A & Lot 44 less the north 501, Gulf Stream Properties #2 subdivision. Regular Meeting & Public Hearing Town Commission - February 14, 2003 Page 2 Town Clerk Taylor asked that all persons who intended to speak please stand to take the Oath. The Town Clerk administered the Oath to Brian McCarron. Town Clerk Taylor then asked if there were any ex -parte communications to declare. Commissioner Devitt disclosed that he had spoken with Town Manager Thrasher regarding the property. Brian McCarron, agent for the O'Reilly's displayed a color rendering of the proposed improvements and explained that they are demolishing the existing house and reorienting the new structure to face Lakeview Drive rather than Oleander Way. Mayor Koch asked if the ARPB had approved the application. Town Manager Thrasher informed the Commission that the ARPB had approved the application with the condition that more areca palms be planted for a denser hedge along the east side of the property. Commissioner Devitt asked if facia was added to the entire house and Mr. McCarron said yes. The Commissioners complimented the design of the house. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the con- struction of a 5,491 square foot two -story Bermuda style single family dwelling with a three -car garage, basement and swimming pool. Commissioner Devitt moved and Commissioner Lynch seconded to approve the Level 3 Architectural /Site Plan Review based on a finding that the proposed 5,491 square foot two -story Gulf Steam Bermuda style single - family dwelling meets the minimum intent of the Design Manual and applicable review standards, with the following conditions: 1) PBC Health Department approval of the septic system shall be required prior to issuance of a building permit. 2) Gulf Stream Driveway Permit and removal agreement prior to issuance of a building permit. 3) Design pool with drainage built into the swale. 4) Double the amount of areca palms for privacy hedge, to be planted staggered. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. SPECIAL EXCEPTION to exceed the Floor Area Ratio by 105 square feet for un- enclosed patio /loggia area. Cl Commissioner Lynch moved and Commissioner Devitt seconded to approve the Special Exception with the following condition: Prior to the issuance of a certificate of occupancy, the owner shall record a deed restriction requiring that 315 S.F. of loggia and patio area shall forever remain unenclosed as long as the structure exists. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. c. LAND CLEARING PERMIT to remove overgrown vegetation and permit the reorientation of the structure to face Lakeview Drive rather than Oleander Way. Regular Meeting & Public Hearing Town Commission - February 14, 2003 Page 3 Commissioner Lynch moved and Commissioner Devitt seconded to approve the Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. VIII. Reports. A. Town Manager 1. Feral Cat Program Update Cl Town Manager Thrasher reported that the fundraiser given by the Hosokawas for the feral cat program was a success. Mr. Thrasher said to date, a total of $4848 was collected. He added that the resident with a number of cats on her property has agreed to allow six traps to be placed in her yard, with the condition that the cats that are caught be taken to her veterinarian for neutering and return. Mr. Thrasher asked the Commissioners if the suggested thank you letter to the Hosokawas was suitable. The Commissioners agreed that the letter was good. Mrs. Orthwein suggested sending a thank you letter to the Civic Association when their contribution was received. 2. Little Club Update Town Manager Thrasher explained that Dr. True, a town resident, was helping with The Little Club negotiations. He requested that Dr. True update the Commissioners. Dr. True explained that The Little Club has accepted the Town's offer of $4500.00 annually for recurring and non - recurring expenses, related to the Town's share of expenses for maintenance and operation of the drainage system. Additionally, the amount will be revised annually in accordance with the Consumer Price Index. He thanked the Commissioners, Attorney Randolph, Town Manager Thrasher and Town Clerk Taylor for their time and patience with The Little Club negotiations and apologized for all the inconvenience. Mayor Koch asked if the board was satisfied with The Little Club agreement. He thanked Dr. True for being a facilitator in this tedious negotiation. Commissioner Devitt commented that he is thankful that Dr. True got involved to help bring this process to an end. The Commissioners accepted the agreement as submitted. Commissioner (� Devitt moved and Commissioner Lynch seconded to accept the agreement from The Little Club as submitted and that the Mayor and the Town clerk be authorize to execute it. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Town Manager Thrasher requested of the Commission that the first year contract amount of $4500 plus associated legal fees be taken from unappropriated funds. Commissioner Devitt moved and Commissioner Orthwein seconded that the first year contract funds plus legal fees be taken from unappropriated Regular Meeting & Public Hearing Town Commission - February 14, 2003 Page 4 funds. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. February 27, 2003 @ 8:30 A.M. b. March 27, 2003 @ 8:30 A.M. c. April 24, 2003 @ 8:30 A.M. d. May 22, 2003 @ 8:30 A.M. e. June 26, 2003 @ 8:30 A.M. Mayor Koch called attention to these dates. 2. Establishment of procedures for presenting projects Town Clerk Taylor explained that in previous ARPB meetings, several different architects did not have adequate material for presentation. An architect at one of the meetings commented on the lack of professionalism in some of the presentations to the Board by architects. It was suggested that the Board adopt set procedures for a more formal standardized presentation and staff was directed to prepare procedures, which was done. At their last meeting the ARPB adopted the procedures and thought the Commission might also be interested in doing this. Attorney Randolph suggested changing "will" to "may" in the first paragraph of the procedure to provide the Commission with more discretion in deciding if they would consider the application. Commissioner Devitt moved and Commissioner Lynch seconded to approve the procedures for presenting projects with the change of "will" to "may" in the let paragraph. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. C. Finance Director 1. Financial Report for January 2003 Town Manager Thrasher asked that his report be accepted as submitted, if there were no questions. Commissioner Devitt asked if there was anything out of the ordinary. Mr. Thrasher stated that the Town is starting to experience a problem in the water fund. He explained that the Town has not increased the water rates in over seven years and the City of Delray increases their rates annually, and they have recently change out their water meters. Mr. Thrasher said at this time he has no recommendation for new water rates but that will be part of the budget process and requires further study. UCommissioner Devitt moved and Commissioner Lynch seconded to approve the Financial Report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. 1. Water Usage as of January 31, 2003 The water usage report was made a part of the official record. D. Police Chief 1. Activity for January 2003 Chief Ward asked that the report be accepted as submitted and added that the department took delivery of two new police vehicles, which are presently being outfitted. Regular Meeting & Public Hearing Town Commission - February 14, 2003 Page 5 IX. Items for Commission Action. A. Drafts of proposed Ordinances 1. #03/1 to lower eave heights on two -story dwellings in all single family districts except Beachfront and Ocean West Town Clerk Taylor read Ordinance #03/1 by title. Ms. Taylor explained that this item had previous approval from the Commission. The draft was declared proper for first reading. OCommissioner Lynch moved and Commissioner Orthwein seconded to approve the proposed ordinance #03/01 on first reading. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. 2. #03/2 to include additional standards for review of development applications Town Clerk Taylor read Ordinance #03/2 by title. Commissioner Devitt asked for a brief summary of the proposed ordinance. Attorney Randolph reminded that previously the ARPB had asked for more latitude from the Commission in determining if a structure is in keeping with the character of the area. Mr. Randolph pointed out that in many zoning codes the standards for review include the authority to declare a structure too similar or dissimilar with others in the area. He advised that this document incorporates these review standards in the code. Commissioner Orthwein was concerned about giving authority to the ARPB in determining if a structure is too dissimilar. The Commission felt that perhaps the section on Excessive Dissimilarity should be removed in that, as an example, if a two -story home were to be proposed in a neighborhood where all single story homes existed, the two story dwelling could be rejected because of being too dissimilar. The Commission asked that the Board revisit this section and offer a recommendation. They also directed that the Board offer an opinion as to whether the 200 feet distance from the proposed site is far enough when reviewing for excessive similarity. B. Resolutions 1. NO. 003 -1: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING COUNTIES AND MUNICIPALITIES, AT THEIR OPTION, TO COLLECTLOCAL GOVERNMENT CODE ENFORCEMENT FINES IN THE SAME MANNER AS NON -AD VALOREM ASSESSMENTS. Town Clerk Taylor read Resolution No. 003 -1 by title. Commissioner Orthwein moved and Commissioner Lynch seconded that it be adopted. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. 2. NO. 003 -2: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ACCEPTING JURISDICTION OF COUNTY ROADS PREVIOUSLY Regular Meeting & Public Hearing Town Commission - February 14, 2003 Page 6 TRANSFERRED TO THE TOWN BY THE COUNTY PURSUANT TO COUNTY RESOLUTION NO. R -81 -351 AND RESOLUTION NO. R -81 -805; PROVIDING AN EFFECTIVE DATE. This item was withdrawn. A. Police and Fire Communications Agreement -City of Delray Beach This item was withdrawn. B. Items by Mayor and Commissioners. OMayor Koch reported that Mr. Thrasher and himself had a meeting with the legislators who agreed to lend support to help obtain funds for the sewer project. Mayor Koch added that the legislators said that it is difficult to get funds for project like this unless funds are specifically designated for such and they were unsure about that at this time. Town Manager Thrasher added that the funds are designated but this can be changed. C. Extension of Development Approval at 2918 N. Ocean Boulevard. Town Manager Thrasher explained that he had received a letter from Sally Gingras, architect for John Fogarty, resident at 2918 N. Ocean Boulevard, requesting an extension of the previously approved Level 3 Architectural /Site Plan. Mr. Thrasher said the project is being done in two phases with no work during the season, thus extending the time required for the entire project. Phase I is completed, and the owners plan to resume phase II this coming summer. Commissioner Hopkins moved and Commissioner Orthwein seconded to approve extension of previous development approval with no changes for one year. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. X. Correspondence. A. Resolution No. 68 -2002 of the City of Lake Worth, Florida, to The Florida Legislature, urging the enactment of legislation authorizing counties and municipalities, at their option, to collect local government code enforcement fines in the same manner as non -ad valorem assessments; providing for distribution; providing an effective date. This was made a part of the official record. XI. Public. There was no comment from the public. XII. Adjournment. Commissioner Lynch moved and Commissioner Orthwein seconded to adjourn the meeting at 9:55 A.M. All voted in the affirmative. Y nne Manboard, CMC Deputy Town Clerk