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HomeMy Public PortalAbout08/08/2003August 1, 2003 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch OREGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 8, 2003 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. hTeR IDIA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of July 10, 2003. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 8, 2003 @ 9 A.M. 2. September 10, 2003 @ 4 P.M. 3. September 10, 2003 @ 5:01 P.M. (Budget) 4. September 23, 2003 @ 5:01 P.M. (Budget) 5. October 10, 2003 @ 9 A.M. 6. November 14, 2003 @ 9 A.M. 7. December 12, 2003 @ 9 A.M. VII. PUBLIC HEARING A. Applications for Development Approval 1. An application submitted by Carlos Martin & Robert Souaid, agents for Howard P. Colhoun, the owner of the Property located at 3410 Gulf Stream Road, Gulf Stream, Florida, legally described in metes and bounds in Gulf Stream Properties #2 Subdivision. O a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a two -story Gulf Stream Bermuda style dwelling consisting of 7,403 square feet. b. SPECIAL EXCEPTION to permit construction of un- enclosed covered porches that exceed the maximum FAR by 167 square feet. c. LAND CLEARING PERMIT to clear the building area. 2. An application submitted by William Wietsma, agent for William and Joan Luke, owners of the property located at 3211 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 5, Gulf Stream Properties Subdivision. a. SPECIAL EXCEPTION to permit the construction of a pool screen structure that exceeds the maximum floor area ratio by 294 square feet. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the installation of a screen enclosure over an existing swimming pool. AGENDA CONTINUED Page 2 VIII. Reports. A. Town Manager 1. Feral Cat Program Update B. Architectural Review & Planning Board O 1. Meeting Dates a. September 11, 2003 O 8:30 A.M. b. October 23, 2003 a 8:30 A.M. c. November 20, 2003 Q 8:30 A.M. d. December 18, 2003 Q 8:30 A.M. C. Finance Director 1. Financial Report for July 2003 2. Water Usage as of July 31, 2003 D. Police Chief 1. Activity for July 2003 IX. Items for Commission Action. A. Designation of Voting Delegate at FL League of Cities 2003 Annual Conference B. Appointment of an Alternate Member for ARPB C. Proposed Code Revisions D. Items by Mayor and Commissioners. X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 C, MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 8, 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. CIII. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Robert W. Hopkins II Commissioner Via Telephone William A. Lynch Commissioner Absent with Notice: Fred B. Devitt III Commissioner Also Present and William Thrasher Town Manager Participating: Rita Taylor Town Clerk Garrett Ward Police Chief Robert Souaid Resident Carlos Martin Architect for Souaid William Luke Resident Mike Juriga Agent for Luke IV. Minutes of the Regular Meeting of July 10, 2003. Commissioner Orthwien moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were none. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 8, 2003 @ 9 A.M. 2. September 10, 2003 @ 4 P.M. 3. September 10, 2003 @ 5:01 P.M. (Budget) 4. September 23, 2003 @ 5:01 P.M. (Budget) 5. October 10, 2003 @ 9 A.M. 6. November 14, 2003 @ 9 A.M. 7. December 12, 2003 @ 9 A.M. Mayor Koch announced these dates. Mayor Koch asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Dr. Luke, Mr. Juriga, Mr. Souaid, Mr. Martin and Mr. Adams. Town Clerk Taylor asked if there were any exparte communications to declare. There were none. VII. PUBLIC HEARING Regular Meeting & Public Hearing Town Commission Page 2 August 8, 2003 A. Applications for Development Approval 1. An application submitted by Carlos Martin & Robert Souaid, agents for Howard P. Colhoun, the owner of the Property located at 3410 Gulf Stream Road, Gulf Stream, Florida, legally described in metes and bounds in Gulf Stream Properties #2 Subdivision. O Mr. Martin displayed a color rendering, site plan and elevation drawings of the proposed home. He explained that he is proposing a two -story Gulf Stream Bermuda style home with a pool and three -car garage consisting of 7,403 sq. ft. He added that the two -story portion would be over the middle part of the structure; the roof would be flat white wash tile with a stucco finish on the wall, contrasting green shutters, and lush landscaping. Mr. Martin stated that the lot is very overgrown and he plans to clear out the overgrowth and incorporate the existing trees into the landscape, keeping a natural look. A ficus hedge will be installed to shield the third bay of the garage. Mr. Martin is also requesting a Special Exception to permit construction of unenclosed covered porches that exceed the maximum FAR by 167 square feet. Mayor Koch asked if there were any questions or correspondence. There were none. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a two -story Gulf Stream Bermuda style dwelling consisting of 7,403 square feet. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed two -story Gulf Stream - Bermuda style residence with a pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Gulf Stream Driveway Permit and removal agreement shall be executed prior to issuance of a building permit. 2) PBC Health Department approval of the septic system shall be submitted prior to issuance of a building permit. 3) Landscape plan shall be revised and approved by the ARPB before the Certificate of Occupancy is issued. Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. SPECIAL EXCEPTION to permit construction of un- enclosed covered porches that exceed the maximum FAR by 167 square feet. Commissioner Orthwein moved and Commissioner Hopkins seconded to �) approve the Special Exception to exceed Floor Area Ratio by 167 sq. ft. for open covered porches with the condition that prior to the issuance of a certificate of occupancy, the owner shall record a deed restriction requiring that 501 sq. ft. of open covered porches area shall forever remain unenclosed as long as the structure exists. Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. c. LAND CLEARING PERMIT to clear the building area. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Vegetation Disturbance -Land Clearing Permit. Regular Meeting & Public Hearing Town Commission Page 3 August 8, 2003 Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm and Mayor Koch; AYE. Orthwein; AYE, Commissioner Orthwein expressed that she is concerned about monitoring the deed restrictions on the Special,Exceptions. O Town Clerk Taylor stated that the deed restriction is recorded and when there is a sale, there is a lien search. She explained that when a document is recorded, a copy is placed in the property, ARPB and master agreement files. The Town Clerk mentioned that at the previous ARPB meeting, the Board wanted to discuss changing the Special Exception criteria. 2. An application submitted by William Wietsma, agent for William and Joan Luke, owners of the property located at 3211 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 5, Gulf Stream Properties Subdivision. Mr. Juriga displayed elevation drawings of the property and explained that the floor area on the second floor was miscalculated and the data table not updated. It has since been updated and they are able to meet the criteria for a Special Exception. Mayor Koch asked if the enclosure is for medical reasons. Mr. Juriga said yes, and added that the Lukes had not been aware that they would not be able to screen the pool. He explained Dr. and Mrs. Luke have medical conditions that require exercise in a warm pool. Mr. Juriga stated that a pool screen enclosure is needed to screen out 20% of the W rays, which will also reduce the amount of chemical treatment to the water. A retractable pool cover was installed to keep wind blown debris from the pool, since neither of the Lukes is able to daily skim the surface. Town Manager Thrasher explained that the recalculation of the FAR qualifies the applicant to apply for a Special Exception whether it is for medical reasons or not. He added that the architect has certified the square footage. Mayor Koch asked if there were any questions. There were none. d. SPECIAL EXCEPTION to permit the construction of a pool screen structure that exceeds the maximum floor J area ratio by 294 square feet. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Special Exception to exceed Floor Area Ratio by 294 sq. ft. for screen enclosure with the following conditions: 1) Prior to the issuance of a Certificate of Completion the owner shall record a deed restriction requiring that 882 sq. ft. of open covered porches and screen enclosure area shall forever remain unenclosed as long as the structure exists. 2) If the Lukes are not occupants of the house, the screen enclosure shall be removed. Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission Page 4 August 8, 2003 e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the installation of a screen enclosure over an existing swimming pool. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Level 3 Architectural /Site Plan based on a finding that the proposed screen enclosure meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. VIII. Reports. A. Town Manager 1. Feral Cat Program Update Town Manager Thrasher reported that he is looking into alternative methods of trapping. He has contacted a trapper that uses live bait, but to date has not received a quote after numerous calls. Commissioner Orthwein expressed that the resident who is feeding the feral cats is moving and has requested that the cats be fed. B. Architectural Review & Planning Board 1. Meeting Dates a. September 11, 2003 @ 8:30 A.M. b. October 23, 2003 @ 8:30 A.M. c. November 20, 2003 @ 8:30 A.M. d. December 18, 2003 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report for July 2003 Town Manager Thrasher asked that his report be accepted as submitted if there were no questions, and there were none. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Financial Report and all voted AYE at Roll Call. 1. Water Usage as of July 31, 2003 The water usage report was made a part of the official record. D. Police Chief 1. Activity for July 2003 Chief Ward asked that his report be accepted as submitted and added that the police department was approved for a grant to cover fifty percent of the purchased cost of the bulletproof vests. With regards to the enforcement of violations of bicycle riders along AlA, the Chief reported that he has been in contact with law enforcement -J agencies from Highland Beach to Palm Beach there is no special enforcement by any of the agencies. When a citation is issued, the fee is minimum, usually $16, there is most often no conviction and the courtroom is packed with supporters from bicycle clubs. IX. Items for Commission Action. A. Designation of Voting Delegate at FL League of Cities 2003 Annual Conference Commissioner Hopkins made a motion to nominated Mayor Koch to attend the FL League of Cities 2003 Annual Conference as the Town's voting Regular Meeting & Public Hearing Town Commission Page 5 August 8, 2003 delegate. Commissioner Orthwein seconded the motion. Mayor Koch accepted the designation. Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Mayor Koch explained that his motivation for attending the conference is that there is House Bill 676, which deals with FDOT taking the O rights from municipalities to govern their own streets under the local laws. B. Appointment of an Alternate Member for ARPB The Commission agreed to table this item to the next meeting, as there were no candidates for appointment. C. Proposed Code Revisions Sign Regulations: 1. Reduce size of contractor with no color restriction contractor signs to 2 sq. background. 2. Make all signs same size 3. Allow 1 sign per 150' fror signs reduce size to 2 sq. ft. maximum - The Commission agreed to reduce ft. max with black letters and a white - Rejected by Commission stage - Rejected by Commission Boats & Docks: 1. Boatlifts & docks - evaluate appropriateness of sizing according to water frontage 2. Consider boat size relative to sea wall frontage 3. Number of lights on dock The Commission decided to refer these items to Urban Design Studio for further study. Standardize Mailed Notification: Make all distances 300' for all applications across streets and waterways: Town Commission approved No Change. Regulation of Unlicensed Vehicles: The Town Commission referred this item to the Attorney Randolph. Owner /Builder- No Change. )riate for Li 2 or 3 Bermuda: 1. Require smooth stucco finish for any columns: The Town Commission J determined no change in the Code. Recommendation was rejected. 2. Require double hung windows: No change Measurement Of To The Wall: C is & Fences To Be From The on agreed with the rec Lot Clearing- Change To Administrative Authority Rather Than ARPB: No Change. Prohibit White Roll Tile (White Barrel Tile Alreadv Prohibited): ARPB recommender flat cement tile o prohibit all white the Commission agreed with the roof tile except white recommended changes. Regular Meeting & Public Hearing Town Commission August 8, 2003 Var No ted Roof Tile- Prohibit itions In Roof Color: Page 6 Require Underground Utility Service Lines: Include as recommended. Garage Doors; Prohibit Leaving Them Open Except For In ress /E ress: OThe Commission referred this item to the Town Attorney. Encourage Solid Gates on E. Side Of AlA & Discourage Open Gates: No Chancre Minimum Lot Size Conflict With Sec. 62 -4: Remove 20,000 sq. ft. minimum lot size from Section 62 -4 and reference minimum size to the respective zoning District provisions. Change as recommended. Review Of Multi- family Sections: The Commission referred this item to Urban Design Studio for further study. Hedge Heights Abutting Seawalls - Conflict: 1. Residential Multi- Family Districts Prohibit Hedges, Fences, Walls Over 4' Within Setback From Water 2. Single Family Districts Discourage Hedges Over 4' Within Waterfront Setback The Commission referred these items to Urban Design Studio. MI Time To Allow For Vehicles: Town Commission days for this purpose. ing & Unloading Recreational to allow 48 hours within 14 Establish A Different Reference Point To Measure Eave Height: This item is continued. Allow cooper roo as color, on minor Add specific non - criminal fines provision: Identify which Sections to be covered. The Commission authorized the change. Add sections to cover the Town Lawn The Commission referred this item to Add sections to cover the Right -of -W The Commission referred this item to Update Map of Architectural Stvle An. Completed by Staff and approved by t Standards: Town Attorney for Ordinance. llc:y Town Attorney for Ordinance. Since 1998: ission Boats & Dock: Currently provides that all boats over 18' Must have an annual permit to dock in town. The Commission authorized deleting Section 38 -32. Regular Meeting & Public Hearing Town Commission August 8, 2003 Page 7 Commissioner Orthwein moved and Commissioner Hopkins seconded to change the Code and declare Zoning in Progress on the following items: 1. Sign Regulations 2. Measurement Of All Walls & Fences To Be From The Lowest Grade 3. Prohibit all White Roof Tile Except Whit Flat Cement Tile (White Barrel Tile Already Prohibited) Cj 4. Require Underground Utility Service Lines 5. Minimum Lot Size Conflict With Sec. 62 -4 6. Increase Parking Time To Allow For Loading & Unloading Recreational Vehicles 7. Allow copper roofs, natural color, on minor accessory structures Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Commissioner Orthwein moved and Commissioner Hopkins seconded to obtain a quote from Urban Design Studio to revise the following Codes with the monies taken from unappropriated funds and not to exceed $20,000. 1. Boats & Docks 2. Review Of Multi- family Sections 3. Hedge Heights Abutting Seawalls - Conflict: Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Commissioner Orthwein moved and Commissioner Hopkins seconded to authorize a change of policy on the following items: 1. Add specific non - criminal fines provision 2. Add sections to cover the Town Lawn Maintenance Standards 3. Add sections to cover the Right -of -Way Policy 4 Update Map of Architectural Style Analysis Since 1998 5. Boats & Docks Roll Call: Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. A. Items by Mayor and Commissioners. There were none. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 10:30 A.M. On a motion to do so made by Commissioner Orthwein and seconded by Commissioner Lynch with all voting in the affirmative. c_ W� � Manboard, CMC Town Clerk