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HomeMy Public PortalAbout06/10/2005NOTICE 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 June 23, 2005 at 8:30 A.M., and the Town Commission will hold a Public Hearing on July 8, 2005 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 Robert E. Fetrow, Gator Engineering Services, agent for Pelican Lane, LLC, owners of the property located at 1302 Pelican Lane, Gulf Stream, Florida, legally described as Part of Lot 24 and Part of Lot 25, Section 9, Township 46S, Range 43 East, for the following: 1. SPECIAL EXCEPTION to permit additions to an existing non- conforming structure that currently encroaches 6.8' into the required 30, front setback, 20' into the required rear setback, 1.5' into the required 15' west side setback and 4.7' into the east side setback. 2. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit three additions to an existing Bermuda style home, a new front entry, two bay windows, and an addition to the existing great room, a net increase of 105 square feet. In addition, a new flat cement tile roof and quoins are being requested. 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. Dated: June 8, 2005 TOWN OF GULF STREAM, FLORIDA t Rita L. Taylor,�own Clerk 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 THE TOWN OF GULF STREAM ON FRIDAY, JUNE 10, 2005 AT COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. iT yk u e I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes A. Regular Meeting of May 13, 2005 B. Workshop Meeting of May 24, 2005 June 3, 2005 TOWN COMMISSION OF 9:00 A.M., IN THE GULF STREAM, V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. July 8, 2005 @ 9 A.M. 2. August 12, 2005 @ 9 A.M. 3. September 9, 2005 @ 9 A.M. 4. October 14, 2005 @ 9 A.M. 5. November to be determined VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Dan Carter of Carter & Associates Landscape Architects, Inc., agent for Anthony Pugliese III, owner of the property located at 3145 N. Ocean Blvd, Gulf Stream, Florida, legally described in metes and bounds in Government Lot 2, Section 3, Township 46 South, Range 43 East, for the following: a. VARIANCE 1. To permit construction of an entrance feature (including an arch, gates, wall columns and gas lanterns) which exceeds the maximum permitted (8 foot high) as provided in Section 70 -187 Paragraph 4 and Section 70 -187 Paragraph 5. of the Code of Ordinances. b. VARIANCE 2. To install fountain /statuary that encroaches 20' into the required 30' front accessory setback as provided in Section 70 -74 and also does not conform to the provisions of Section 70 -268 of the Code of Ordinances which prohibits statuary that is visible from the street. C. NORTH OCEAN BLVD. OVERLAY PERMIT. To construct an entrance feature, gates, fountain /statuary and pagoda, and re- landscape the area. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting approval for construction of an entrance feature, gates, fountain/ statuary, pagoda and approval of landscaping as proposed for the area. AGENDA CONTINUED Page 2 VIII. Reports. A. Town Manager 1. Hurricane Preparedness B. Architectural Review & Planning Board 1. Meeting Dates a. June 23, 2005 @ 8:30 A.M. b. July 28, 2005 @ 8:30 A.M. c. September 22, 2005 @ 8:30 A.M. d. October 27, 2005 @ 8:30 A.M. e. November to be decided C. Finance Director 1. Financial Report for 2. Bi- monthly Water Usage 3. Preliminary 2005/2006 Budget Presentation D. Police Chief 1. Activity for May 2005 IX. Items for Commission Action. A. Request to Increase Permit Fees B. Letter of Understanding for Audit Services C. Approval of distribution of Justice Assistance Grant Funds D. Interlocal Agreement with Solid Waste Authority for Disaster Debris Management E. 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 O MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 10, 2005 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. at 9 A.M. Vice -Mayor Orthwein called the meeting to order II. Pledge of Allegiance. Vice - Mayor. III. Roll Call. The Pledge of Allegiance was led by the Present and Joan K. Orthwein Participating: Fred B. Devitt III Robert W. Hopkins II William A. Lynch Absent with Notice: William F. Koch, Jr Also Present and William Thrasher Participating: Garrett Ward John Randolph Rita Taylor Anthony Pugliese Dan Carter Warren Adams Michael Weiner Pami Maugham Cynthia Neeves Tony Moreno IV. Minutes Vice Mayor Commissioner Commissioner Commissioner Via Phone Mayor Town Manager Police Chief Town Attorney Town Clerk Resident Agent for Pugliese Agent for Pugliese Attorney for Pugliese Attorney for Pugliese Alternate ARPB Member Alternate ARPB Member A. Regular Meeting of May 13, 2005 B. Workshop Meeting of May 24, 2005 Commissioner Hopkins moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda itei Town Manager Thrasher requested to add Item VIII.E., Attorney -Dock Ordinance Conflict and Item IX.F., Florida League Conference /Voting Delegate. There were no objections. CjVI Announcements. A. Regular Meetings and Public Hearings 1. July 8, 2005 @ 9 A.M. 2. August 12, 2005 @ 9 A.M. 3. September 9, 2005 @ 9 A.M. 4. October 14, 2005 @ 9 A.M. 5. November to be determined Vice -Mayor Orthwein announced these dates. Commissioner Devitt disclosed that he had spoken with Mrs. Dixson, a town resident, and she opposes the entry feature. Regular Meeting & Public Hearing Page 2 Town Commission June 10, 2005 Town Clerk Taylor asked that all persons who intended to speak please stand to take the Oath. The Clerk Taylor administered the Oath to Mr. Carter, Mr. Pugliese, Mr. Adams, Mr. Weiner, Ms. Maugham, Mrs. Neeves and Mr. Moreno. VII. PUBLIC HEARING. C�' A. Applications for Development Approval 1. An application submitted by Dan Carter of Carter & Associates Landscape Architects, Inc., agent for Anthony Pugliese III, owner of the property located at 3145 N. Ocean Blvd, Gulf Stream, Florida, legally described in metes and bounds in Government Lot 2, Section 3, Township 46 South, Range 43 East, for the following: Attorney Weiner reminded that the ARPB recommended denial of the application. He stated that his client firmly believes that the proposed structure meets the variance requirements. Mr. Weiner distributed a map from the property appraiser office showing that the property is twice as wide as the surrounding properties along AlA and thus, it should be treated differently. He added that there have been changes since the ARPB recommended denial. Mr. Weiner stated that under Section 70 -187 of the Town Code, if less than 20% of the landscape area is hardscape including the fountain, it is not prohibited. He added that the height of the fountain has been reduced, the gate has been moved out of the 30' setback, and the height of the entry feature has been reduced to 17' 11 ". Mr. Weiner stated that the gate is not attached to the wall and under Section 70 -51 of the Code, the entry feature is now considered a minor accessory structure. He addressed standards 1, 3, 5 and 8, and believed that they are now met. Mr. Weiner requested that Mr. Adams and Mr. Carter present their expert opinions. Mr. Adams, a historic preservation planner, stated that this is a historic home and under the national preservation standards, and keeping the historical integrity of the property, the entrance feature is in scale with the home. He added that there is a photo of the former gate but there is no proof that was the original gate. Mr. Carter, landscape architect, stated that the entrance feature is in keeping in scale with the property. He advised that there would be 120 coconut palms planted on both sides of the wall and on the backside of the wall a 14' high pigeon palm hedge would be installed to hide the view from AlA. Attorney Randolph advised that the changes that are being presented may not need a variance. Mr. Randolph asked if the variance request is being withdrawn. Mr. Weiner stated that he believes that the variance requirements have been met and the gate and fountain meets the code. He stated that they are not willing to say they would not pursue wrongful denial of a variance request but he is willing to come to some term with staff. Regular Meeting & Public Hearing Page 3 Town Commission June 10, 2005 Vice -Mayor Orthwein asked if he is willing to give staff and the ARPB the Opportunity and time to review the changes. Mr. Weiner stated yes. Attorney Randolph advised that the Town Manager has not had the Oopportunity to review the changes and he does not know if what is being presented would require a variance. Mr. Randolph reminded that all 8 criteria for a variance have to be met in order for the North Ocean Boulevard Permit and the Level 3 Architectural Site /Plan Review to be approved as presented. He advised the Commission to move on the Variance requests, the North Ocean Boulevard Permit and the Level 3 Architectural Site /Plan Review. Vice -Mayor Orthwein asked if there were any comments. Mrs. Neeves mentioned that the concern of the ARPB was not the height of the fountain, but that it was encroaching in the 30' setback. Town Manager Thrasher asked if the gate would be attached to the wall and why weren't standards 2, 4, 6 and 7 addressed. Mr. Weiner stated that the denial was based upon not meeting standards 1, 3, 5 and 8 and felt he should concentrate on the ones that were not met. He confirmed that the gate would not be attached to the wall. Commissioners Hopkins and Devitt felt that the application with the changes should be reviewed by staff and the ARPB. a. VARIANCE 1. To permit construction of an entrance feature (including an arch, gates, wall columns and gas lanterns) which exceeds the maximum permitted (8 foot high) as provided in Section 70 -187 Paragraph 4 and Section 70 -187 Paragraph 5. of the Code of Ordinances. b. VARIANCE 2. To install fountain /statuary that encroaches 20' into the required 30' front accessory setback as provided in Section 70 -74 and also does not conform to the provisions of Section 70 -268 of the Code of Ordinances which prohibits statuary that O is visible from the street. C. NORTH OCEAN BLVD. OVERLAY PERMIT. To construct an entrance feature, gates, fountain /statuary and pagoda, and re- landscape the area. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting approval for construction of an entrance feature, gates, fountain/ statuary, pagoda and approval of landscaping as proposed for the area. Commissioner Devitt moved and Commissioner Hopkins seconded to defer the application until staff and the ARPB has the opportunity to review all the changes. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE. Regular Meeting & Public Hearing Town Commission Page 4 June 10, 2005 VIII.Reports. A. Town Manager 1. Hurricane Preparedness Town Manager Thrasher reported that there was an annual hurricane meeting held and he felt that the town is better prepared in the event of a hurricane. B. Architectural Review & Planning Board C1 1. Meeting Dates a. June 23, 2005 @ 8:30 A.M. b. July 28, 2005 @ 8:30 A.M. c. September 22, 2005 @ 8:30 A.M. d. October 27, 2005 @ 8:30 A.M. e. November to be decided Vice -Mayor Orthwein announced these dates. C. Finance Director 1. Financial Report for May Mr. Thrasher asked that the report be accepted as submitted, if there were no questions, and there were none. Commissioner Devitt moved and Commissioner Hopkins seconded to approve the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE. 2. Bi- monthly Water Usage This item was made a part of the official record. 3. Preliminary 2005/2006 Budget Presentation Mr. Thrasher presented his recommendations for the preliminary budget for fiscal year 2005/2005. He reported that the millage rate of 3.2651 mills is the same as the current year and that this is a balanced budget with no funds coming from the unreserved fund. He is proposing to add 2 officers and 1 patrol car to the police department. He requested that $4,300 be allotted to change 25% of the streetlights in Place Au Soleil to a fiberglass pole with a carriage light. The Town Manager added that he would like to outsource the lawn maintenance services so he could utilize that employee's time more productively. He has gotten a quote of $3,600 to $4,800 annually, but to date he has not received a formal proposal. Mr. Thrasher requested to increase the town contributions to the employees' retirement fund from 12.6 percent to 14.6 percent and the employees contribution from 7 percent to 8 percent. He added that another option would be to enter the Florida Retirement System where the town pays from 10 percent up to 18 percent for high -risk employees. Mr. OThrasher advised that the Commission should still consider building a fire substation. The Town Manager stated that there is $142,000 coming revenues, the telecommunication tax is increasing and increasing which represents up to $20,000 in revenue. the request to increase permit fees is approved,'it w substantial increase in revenue. Commissioner Orthwein asked if burying the powerlines considered. in from ad valorem interest rates are He added that if Auld be a is still being Regular Meeting & Public Hearing Page 5 Town Commission June 10, 2005 Mr. Thrasher stated that he is still getting quotes from FPL and now it is half the cost of the original proposal. Commissioner Devitt asked if the preliminary tax roll figure is out. Town Manager Thrasher stated that they came out June 1 and those figures Ohave been incorporated in the ad valorem revenue in this preliminary budget. Town Clerk Taylor added that the final figures would be out July 1. Commissioner Hopkins commented that during his contact with the town residents, they do not believe there is a need for more officers. He asked if there was more data to justify two additional officers. The Town Manager stated that there is no additional information for hiring of two more officers, it is just a level of service for the residents. Commissioner Lynch stated that he would prefer to see more officer presence than a substation. Commissioner Devitt suggested that the Town Manager bring the substation issue to the Commission at another future time. D. Police Chief 1. Activity for May 2005 Chief Ward asked that the report be accepted as submitted, if there were no questions. He added that Sergeant Schlosser would be retiring at the end of the month after 14 years of service. E. Attorney -Dock Ordinance Conflict Attorney Randolph advised that there is a conflict between Section 66- 369(5), which states there is permitted one boatlift and one davit etc. and the amendment to Section 66- 369(6)as shown in Ordinance #04/9 that permits only 1 boatlift and a dock.The Consultant believed that the intent was to have only 1 vessel hanging out of the water. Attorney Randolph asked for clarification of the intent of the Commission. An amending ordinance will be necessary to remove the conflict either way. The Commission discussed this item and suggested that the amending Ordinance provide for, one boatlift and a hoist to lift a craft out of Othe water and place. on the land, and a floating platform not exceed 16 ft. in length to hold no more than 2 watercrafts of a maximum length of 141. Attorney Randolph was directed to prepare the appropriate language. IX. Items for Commission Action. A. Request to Increase Permit Fees Town Manager Thrasher explained that he had added the permit fees charged by Palm Beach County to those charged by Gulf Stream, and Gulf Stream fees are among the lowest when compared to other municipalities. He recommended that the Commission approve the proposed increase. Regular Meeting & Public Hearing Page 6 Town Commission June 10, 2005 Commissioner Lynch moved and Commissioner Devitt seconded to increase the permit fees as recommended. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE. B. Letter of Understanding for Audit Services Town Manager Thrasher explained that this is a letter of understanding from the current auditor, Nowlen Holt & Miner PA, to provide audit Oservices for fiscal years 2005 to 2010. The Town Manager stated that they have provided the town with excellent services and he recommends that the town enter an agreement with them. He added that there is a new rule beginning July 1, that if there is no contract for auditing, it would be necessary to request proposals beginning in 2006, and thus cost the town more money. Commissioner Lynch moved and Commissioner Devitt seconded to approve entering into an agreement with Nowlen Holt & Miner PA, and to authorize the Mayor to execute the agreement. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and vice -Mayor Orthwein; AYE. C. Approval of distribution of Justice Assistance Grant Funds Chief Ward explained that that is an annual distribution of funds for programs to provide agencies with the flexibility to place the funds where they are needed the most. Commissioner Devitt moved and Commissioner Hopkins seconded to approve the distribution of Justice Assistance Grant Funds as requested. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice - Mayor Orthwein; AYE. D. Interlocal Agreement with Solid Waste Authority for Disaster Debris Management The Town Manager explained that there was no agreement in place for payment to Solid Waste Authority for storm debris processing and disposal. This is an agreement to ensure payment to Solid Waste Authority for any out of pocket cost for processing and disposal of debris. He estimated the cost for this to be 12.5 percent of the total costs. Commissioner Devitt moved and Commissioner Hopkins seconded to approve the Interlocal Agreement with Solid Waste Authority for Disaster Debris Management. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE. E. Items by Mayor and Commissioners. CCommissioner Hopkins asked about the progress of the bird sanctuary. Mr. Thrasher stated that the progress is slow. He is receiving free fill material from Briny Breezes, but it comes in stages. Commissioner Orthwein asked about the AlA road widening. The Town Manager reported that there has been no contact except a request from FDOT for the minutes of the workshop meeting. He added that the town has not received any of the material that was requested from FDOT. Regular Meeting & Public Hearing Town Commission Page 7 June 10, 2005 F. Florida League Conference /Voting Delegate The Town Manager reported that the Florida League of Cities annual conference would be held in Orlando from August 18 -20. He requested that the Commission designate a voting delegate at the meeting. Commissioner Hopkins asked if the Town Manager believes this meeting is Oimportant. Mr. Thrasher stated that he believes that someone from the town should be present at the conference. Commissioner Devitt moved and Commissioner Hopkins seconded that the Town Manager :, be authorized to attend the conference and that he be designated the voting delegate at the Florida League of Cities Conference meeting. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE. X. Public. There was no comment from the public. XI. Adjournment. Vice -Mayor Orthwein adjourned the meeting at 11:25 A.M. Yv&ne E. Eckert, CMC Del3uty Town Clerk