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_
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Manboard, CMC
Town Clerk