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HomeMy Public PortalAbout03/09/2007NOTICE 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 Thursday, March 22, 2007 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, April 13, 2007 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 Shane Ames of Ames Design, agent for Nicholas R. Coon & Paul Condon, owners of property located at 4110 N. County Road, Gulf Stream, Florida, legally described as the east 140 ft. of the north 100 ft, if the south 905.45 ft. north of Township line of Gulfstream Co., for the following: SPECIAL EXCEPTION #1 to permit reduced minimum setback requirements due to the property being less than 13,000 sq. ft. in size as provided in Section 70- 75(e)(1) of the Code of Ordinances as follows: Side setback for principal structure, 10' min. each side Rear setback for principal structure, 15' min. Rear setback for accessory structure, 10' min. SPECIAL EXCEPTION #2 to permit unenclosed covered porch areas that exceed the maximum permitted FAR by 115 square feet. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the demolition of the existing structure and the construction of a Bermuda style, partial two story single family dwelling with basement and swimming pool, consisting of 4,280 square feet. 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: March 7, 2007 TOWN OF GULF STREAM, FLORIDA 1 Rita L. Taylor, To lerk 0 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING THE TOWN OF GULF STREAM ON FRIDAY, MARCH COMMISSION CHAMBERS OF THE TOWN HALL, 100 FLORIDA. ArP.NnA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. March 2, 2007 HELD BY THE TOWN COMMISSION OF 9, 2007 AT 9:00 A.M., IN THE SEA ROAD, GULF STREAM, IV. Minutes of the Regular Meeting of 2 -9 -07. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 13, 2007 @ 9 A.M. 2. May 11, 2007 @ 9 A.M. 3. June 8, 2007 @ 9 A.M. 4. July 27, 2007 @ 9 A.M. 5. August 10, 2007 @ 9 A.M. 6. September 14, 2007 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, agent for Mr. & Mrs. Mark H. Chardack, Mark H. Chardack and Michael Chardack, owners of property located at 547 Golfview Drive, Gulf Stream, Florida, legally described as Lot 26 and the west 50' of Lot 25 In Gulf Stream Cove Subdivision, Gulf Stream, Florida, for the following: a. SPECIAL EXCEPTION to allow a 30 foot setback from the rear waterfront lot line for construction of a 480 square foot guest house. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit interior renovations, replace existing windows & doors with impact windows and doors and construct a 480 square foot guest house of a design to match the existing Bermuda style home. VIII. Reports. A. Town Manager 1. AlA Water Line Update B. Architectural Review & Planning Board 1. Meeting Dates a. March 22, 2007 @ 8:30 A.M. b. April 26, 2007 @ 8:30 A.M. c. May 24, 2007 @ 8:30 A.M. d. June 28, 2007 @ 8:30 A.M. e. July 26, 2007 @ 8:30 A.M. 2. ARPB Alternate Member Recommendation C. Finance Director 1. Financial Report for February 2007 AGENDA CONTINUED Page 2 D. Police Chief 1. Activity for February 2007 IX. Items for Commission Action. A. Appropriation of Funds B. Employee Compensation Consulting Ser. -Award of Bid C. Items by Mayor and Commissioners 1. Proposed Property Tax Reform -Mayor Koch X. Correspondence. A. Resolution No. 10 -07 expressing opposition to House Bill 529 known as the "Consumer Choice Act of 2007 ", urging Florida Legislative Representatives to refrain from any form of support or co- sponsorship of H529 and to vote in opposition to H529, requesting Governor Crist to advise the House & Senate Leadership that he does not support H529. - Town of Palm Beach XI. Public. 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 AN MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 9, 2007 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. A.M. Mayor Koch called the meeting to order at 9:05 II. Pledge of Allegiance C Mayor. III. Roll Call. The Pledge of Allegiance was led by the Present and William F. Koch, Jr Participating: Joan K. Orthwein Fred B. Devitt III Muriel J. Anderson Chris D. Wheeler Also Present and William Thrasher Participating: Garrett Ward Rita Taylor John Randolph Mark Marsh Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Police Chief Town Clerk Town Attorney Agent for Chardack IV. Minutes of the Regular Meeting of 2 -9 -07. Town Clerk Taylor advised that page 4 of the minutes has been amended to add "and if not, the Town would be forced to seek an injunction to prevent this from happening ". Commissioner Anderson moved and Commissioner Orthwein seconded that the minutes be approved as amended and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to hear Item IX after Item VI. Town Clerk Taylor requested to add Item X.B., Resolution No. 15 -07, from the City of Delray Beach. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 13, 2007 @ 9 A.M. O 2. May 11, 2007 @ 9 A.M. 3. June 8, 2007 @ 9 A.M. 4. July 27, 2007 @ 9 A.M. S. August 10, 2007 @ 9 A.M. 6. September 14, 2007 @ 9 A.M. Mayor Koch announced these dates. Commissioner change the June 8th meeting to June lot and the August 17th. There were no objections. IX. Items for Commission Action. A. Appropriation of Funds Wheeler requested to August 10th meeting to Regular Meeting & Public Hearing Town Commission Town Manager Thrasher requested contingency fund for fiscal year for professional services such authorizing Mayor Koch to ent necessary. March 9, 2007 Page 2 that $50,000 be appropriated from the 2006 -2007. These funds would be used as legal and engineering services and -r into such contracts that may be OCommissioner Orthwein moved and Commissioner Wheeler seconded to approve appropriation of $50,000 for professional services and authorize Mayor Koch to enter into such contracts that may be necessary. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Employee Compensation Consulting Ser. -Award of Bid The Town Manager asked for Commission direction as to the award of bid for the employee compensation consulting service. Mayor Koch stated that he does not believe the study would be beneficial to the Town. He stated that he contacted other similar size municipalities and they did not perform a study. The Mayor believed that the Town is unique and has good employees and satisfactory compensation. He believed that each department head should rate their employees individually. 9:20 A.M. Commissioner Devitt left the meeting. Commissioner Wheeler stated that he would prefer a study where employees are paid fairly and the salaries and merit are incentive based. Attorney Randolph advised that the Town could inquire with comparable municipalities about their employee compensation study and /or appoint a Commissioner to work with the town manager. The Commission agreed the previous study was not helpful and the current bids were not adequate. They decided to consider other municipalities' studies. Commissioner Wheeler volunteered to work with the Town Manager in establishing a plan. Commissioner Orthwein moved and Commissioner Anderson seconded to reject all of the employee compensation consulting service bids. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. C. Items by Mayor and Commissioners 1. Proposed Property Tax Reform -Mayor Koch Mayor Koch recommended that the town support the League's position on the proposed property tax reform. Regular Meeting & Public Hearing March 9, 2007 Town Commission Page 3 Mr. Thrasher commented that he is concerned about the negative impact the tax reform would have on the town, and the ability to increase the millage rate after the first year of implementation. He stated that it appears the town would lose approximately $327,000 annually in revenue and he is concerned that this would affect the level of service, reduction in salaries and a total elimination of capital expenditures. �j The Town Manager stated that the tax reform would also give the state absolute ability to formulate and distribute revenues to the municipalities. Mayor Koch suggested encouraging residents to contact their legislatures and ask for their assistance in fighting the tax reform in a manner that would be beneficial to the town. Attorney Randolph commented that he does not believe the whole package will pass because many municipalities and counties are in opposition and this may bankrupt the state. Town Clerk Taylor asked if there were any ex -parte communications to declare. There were none. The Town Clerk administered the Oath to Mr. Marsh. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, agent for Mr. & Mrs. Mark H. Chardack, Mark H. Chardack and Michael Chardack, owners of property located at 547 Golfview Drive, Gulf Stream, Florida, legally described as Lot 26 and the west 50' of Lot 25 In Gulf Stream Cove Sub- division, Gulf Stream, Florida, for the following: Mr. Marsh displayed a site plan and color rendering of the proposed improvements. He requested a Special Exception to allow a 30 foot setback from the rear waterfront lot line for the construction of a 480 sq. ft. future guesthouse. He explained that the improvements include the demolition of an existing atrium, removal of the flat roof area on the north and creating a matching roof structure. Remodeling of the kitchen area, changing the windows to single hung impact windows and adding a pergola element to the front entry is also being proposed. He added that all the elements of the guesthouse would match the main house. Mayor Koch how the lot area was calculated. Mr. Marsh stated that the effective lot area was measured from the seawall. Town Manager Thrasher made a correction to his staff report to reflect the effective lot area to be 23,250 sq. ft not 24,000 sq. ft. This change Regular Meeting & Public Hearing March 9, 2007 Town Commission Page 4 however, would not affect the application. a. SPECIAL EXCEPTION to allow a 30 -foot setback from the rear waterfront lot line for construction of a 480 square foot guesthouse. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the Special Exception to allow a 30 ft. rear setback. Roll Call: Comm. i Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit interior renovations, replace existing windows & doors with impact windows and doors and construct a 480 square foot guest house of a design to match the existing Bermuda style home. Commissioner Orthwein moved and Commissioner Wheeler seconded to approve a Level III Architectural /Site Plan based on a finding that the proposed 480 sq. ft. guesthouse and interior renovations to an existing Bermuda style house meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VIII. Reports. A. Town Manager Town Manager Thrasher thanked the Commission for the opportunity to work in the town and commended staff and the police department for their support in many areas and for making his work easier. 1. AlA Water Line Update Town Manager Thrasher reported that the water main project timeline has been extended to June 4th and FDOT is expected to begin their scope of work on July 5th. This is due to delays caused by malfunctioning of the directional bore equipment. There are alternatives available to the contractor at his discretion. However, the contractor has not filed for an extension of time with the town. Mr. Thrasher stated that the problem should be resolved within a week or the contractor would be officially asking for an extension of the timeline. Commissioner Wheeler asked whether the contract provides for penalties. CMr. Thrasher said there was none. He added that there were some change orders that he administratively approved and were anticipated. Commissioner Orthwein asked if roadwork /closure signs could be posted at the north and south end of town. Chief Ward explained that periodically, during the course of the project the road has to be closed in both directions to allow for cuts across the road, which cause heavy delays. Regular Meeting & Public Hearing March 9, 2007 Town Commission Page 5 Town Clerk Taylor advised that road signs would have to be approved by FODT. B. Architectural Review & Planning Board 1. Meeting Dates a. March 22, 2007 @ 8:30 A.M. b. April 26, 2007 @ 8:30 A.M. Qc. May 24, 2007 @ 8:30 A.M. d. June 28, 2007 @ 8:30 A.M. e. July 26, 2007 @ 8:30 A.M. Mayor Koch announced these dates. 2. ARPB Alternate Member Recommendation Commissioner Orthwein reported that the Commission received a letter of interest from Scott Morgan to serve as an alternate member on the ARPB. She reminded that he was a potential candidate for the position in the past and recommended that Mr. Morgan be appointed to the ARPB. Commissioner Orthwein moved and Commissioner Anderson seconded to appoint Scott Morgan to serve as an alternate member on the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Commissioner Wheeler asked the status of the Briny Breezes sale. He commented that the sale will have a huge impact on the town and requested that the Town Manager include a monthly update of the progress in his report. Mayor Koch reported that there is an active independent group that is heading a coalition to ensure the barrier island interest is protected. C. Finance Director 1. Financial Report for February 2007 The Town Manager asked that the financial report be accepted as submitted, if there were no questions. Mayor Koch asked for an update on the water system. The Town Manager explained that there are still ongoing issues with the residual chlorine levels. The town is trying to determine whether the Ocurrent chlorinator in Place Au Soleil will be necessary once the new water pipes are connected on the Delray Beach side. Water losses are controlled, however, there will be more water loss as it relates to the current project but everything is financially in line with the budget. Mr. Thrasher reported that the chlorinator currently being used is located on an easement and the owner has challenged the town as to their right to locate it above ground. Attorney Randolph found the easement allowed only underground utilities. In the event that the chlorinator is deem necessary, the town may have to consider purchasing the easement from the property owner. Regular Meeting & Public Hearing Town Commission March 9, 2007 Page 6 Commissioner Anderson moved and Commissioner Orthwein seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. D. Police Chief 1. Activity for February 2007 CChief Ward asked that the report be accepted as submitted if there were no questions, and there were none. IX. Items for CO=ission Action. A. Appropriation of Funds B. Employee Compensation Consulting Ser. -Award of Bid C. Items by Mayor and Commissioners 1. Proposed Property Tax Reform -Mayor Koch These items were heard earlier. X. Correspondence. A. Resolution No. 10 -07 A RESOULTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH COUNTY, FLORIDA, EXPRESSING OPPOSITION TO HOUSE BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 200711, URGING FLORIDA LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO- SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO H529, REQUESTING GOVERNOR CRIST TO ADVISE THE HOUSE & SENATE LEADERSHIP THAT HE DOES NOT SUPPORT H529 IN ADVANCE OF THE OPENING OF THE 2007 REGULAR SESSION AND DIRECTION THAT THIS RESOLUTION BE FORWARDED TO FLORIDA GOVENOR GRIST, THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPILITY IN PALM BEACH COUNTY, THE LEADERSHIP OF THE PALM BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF CITIES, AND EACH MEMBER OF THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 10 -07 by title. She reminded that the town adopted this resolution at the previous meeting and no action is necessary. B. Resolution No. 15 -07 A RESOULTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING OPPOSITION TO HOUSE BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 200711, URGING FLORIDA C LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO- SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO H529, REQUESTING GOVERNOR CRIST TO ADVISE THE HOUSE & SENATE LEADERSHIP THAT HE DOES NOT SUPPORT H529 IN ADVANCE OF THE OPENING OF THE 2007 REGULAR SESSION AND DIRECTION THAT THIS RESOLUTION BE FORWARDED TO FLORIDA GOVENOR GRIST, THE PALM BEACH COUNTY LEVGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPILITY IN PALM BEACH COUNTY, THE LEADERSHIP OF THE PALM BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE FLORIDA Regular Meeting & Public Hearing Town Commission March 9, 2007 Page 7 LEAGUE OF CITIES, AND EACH MEMBER OF THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING AN EFFECTIVE DATE. This item was made a part of the official record. The Town Manager advised that he had just learned there was a break in the water line between the Gulf Stream Bath and Tennis Club and 1221 N. COcean Blvd. The water has been shut of to make the necessary repairs at which time it will be turned back on under a precautionary "boil water" notice until further notice. XI. Public. There were no comments from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:05 A.M. Y onne E. Eckert, CMC Dqputy Town Clerk N