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HomeMy Public PortalAbout02/13/2009February 5, 2009 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 HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 13,2009 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 1 -9 -09. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 13, 2009 @ 9 A.M. 3. April 9, 2009 @ 9 A.M. 9. May 8, 2009 @ 9 A.M. 5. Junel2, 2009 @ 9 A.M. 6. July 10, 2009 @ 9 A.M. 7. August 19, 2009 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Gary Eliopoulos, as Agent for David & Patricia Knobel, the owners of property located At 1255 & 1267 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 8, Block D, Revised Plat of Block D and Block E, Palm Beach Shore Acres Subdivision. a. LAND CLEARING PERMIT to clear the property for construction. b. NORTH OCEAN BLVD. OVERLAY PERMIT to allow construction of a wall and landscape improvements within the AIA Corridor. C. SPECIAL EXCEPTION to permit 258 sq. ft. of unenclosed porch over the maximum FAR permitted. d. LEVEL 3 SITE PLAN REVIEW to permit construction of an 11,571 sq. ft., 2 -story with basement, Gulf Stream Bermuda single family home with guest cottage and pool. VIII. Reports. A. Town Manager 1. Stimulus Package RE: Wastewater System - Shovel Ready B. Architectural Review & Planning Board 1. Meeting Dates a. March 26, 2009 @ 8:30 A.M. b. April 23, 2009 @ 8:30 A.M. C. May 28, 2009 @ 8:30 A.M. d. June 25, 2009 @ 8:30 A.M. e. July 23, 20090 @ 8:30 A.M. C. Finance Director 1. Financial Report for January 2009 2. Water Usage as of January 31, 2009 D. Police Chief 1. Activity for January 2009 AGENDA CONTINUED IX. Correspondence. A. Resolution No. 2009 -3925 1. A Resolution Of The City Council Of The City Of Miami Springs Urging The Florida Legislature To Equalize The Proportionate Amount Of Funding Provided To Each Region Of Florida; Supporting The Efforts Of The Municipalities And Counties Within The South Florida Tri- county Area To 4 Secure Equalized Funding; Directing The City Clerk To Provide Copies Of This Resolution To The Officials Identified Herein; Effective Date. X. Items for Commission Action. A. Tabled Items 1. ORDINANCE No. 009/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) B. Additional Funding for Municipal Underground Utilities Consortium. C. Items by Mayor & Commissioners 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 0 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 13,2009 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 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Absent with Notice: Fred B. Devitt III Commissioner Also Present and Participating William Thrasher John Randolph Garrett Ward Rita Taylor Gary Eliopoulos Michael Sapusek Town Manager Town Attorney Police Chief Town Clerk Agent for Knobel Landscape Architect IV. Minutes of the Regular Meeting of December 12, 2008. Commissioner Anderson moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Mayor Koch requested to remove from the agenda, Item X.A.1., Ordinance No. 009/1, until all the Commissioners are present. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 13, 2009 @ 9 A.M. 2. March 13, 2009 @ 9 A.M. 3. To be determined 4. May 8, 2009 @ 9 A.M. 5. Junel2, 2009 @ 9 A.M. 6. July 10, 2009 @ 9 A.M. Mayor Koch announced these dates. Commissioner Wheeler advised that he will not be present for the June 12th meeting. There were no exparte communications declared. Town Clerk Taylor administered the oath to Mr. Eliopoulos and Mr. Sapusek. VII. PUBLIC HEARING. Regular Meeting & Public Hearing February 13, 2009 Town Commission page 2 A. Applications for Development Approval 1. An application submitted by Gary Eliopoulos, as Agent for David & Patricia Knobel, the owners of property located At 1255 & 1267 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 8, Block D, Revised Plat of Block D and Block E, Palm Beach Shore Acres Subdivision. C✓' Mr. Eliopoulos displayed a site plan and color renderings of the � ✓ proposed project. He explained that the improvements include the construction of a two -story Gulf Stream Bermuda style dwelling with a basement /garage, guest cottage, pool and a motor court in the front center. Mr. Eliopoulos explained that there is an existing shared access at the south west corner of the site onto AlA and it will remain the same. A privacy wall will be installed around the property and decorated with cultured /river stone. The Special Exception is being requested to allow 258 sq. ft. of unenclosed porch over the maximum permitted floor area ratio (FAR). Mayor Koch asked if the privacy wall will be placed in the easement. He mentioned that there could be problems with runoff collecting in the basement and asked if this had been considered. Mr. Eliopoulos confirmed that the privacy wall will be on their property. He explained that grates will be installed by the basement /garage and the runoff water will be pumped up into a cistern. Mr. Wheeler asked where the generator is located and if the sea grape tree in the easement will have to be moved to accommodate the wall. Mr. Eliopulos stated that the generator was located behind the wall off AlA and that it meets the required setbacks. Mr. Sapusek advised that the seagrape tree will be moved or shifted to accommodate the wall. He added that the other seagrape and palm trees would be relocated around the property. Mr. Sepusick mentioned that there are several other invasive plants that are required by the state to be removed. Commissioner Wheeler commented that he would prefer the seagrape tree be removed. He was concerned that the easement would not be accessible if the seagrape tree remained. Attorney Randolph explained that Florida Department of Environment (DEP) State law requires protection of seagrape trees and the removal of invasive plants during new landscaping along state road AlA. The Town Manager advised that the Town is not giving any permission for the easement maintenance, as that will be between the home owner and the neighbor to the north upon whose property the easement is located. He asked if the applicant is in agreement with all the conditions. Mr. Eliopoulos stated that they would adhere to all the conditions and work out any problems with regard to the easement. Regular Meeting & Public Hearing February 13, 2009 Town Commission page 3 a. LAND CLEARING PERMIT to clear the property for construction. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the Land Clearing Permit. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. b. NORTH OCEAN BLVD. OVERLAY PERMIT to allow construction of a wall and landscape improvements within the AlA Corridor. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the North Ocean Boulevard Overlay District Permit as presented and recommended. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. c. SPECIAL EXCEPTION to permit 258 sq. ft. of unenclosed porch over the maximum FAR permitted. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the Special Exception to permit 258 sq. ft. of unenclosed porch over the maximum FAR permitted with the condition that prior to the issuance of a Certificate of Occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas required to remain unenclosed as per approval of the special exception shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. d. LEVEL 3 SITE PLAN REVIEW to permit construction of an 11,571 sq. ft., 2 -story with basement, Gulf Stream Bermuda single family home with guest cottage and pool. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the Level III Architectural /Site Plan based on a finding that the construction of an 11,571 two -story with basement, Gulf Stream Bermuda single family home with guest cottage and pool meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas shall remain unenclosed as per approval of the special exception and shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. 2) Up to twelve (12) Australian pine trees will be planted by the Town of Gulf Stream located between the roadway and the property line. 3) Front wall, including the top of the columns shall not exceed 8 ft. in height. 4) The height of the side perimeter walls shall be reduced to a maximum height of 4 ft., for a distance of 15 ft. minimum as measured westerly from the 1978 CCCL. 5) A recorded unity of title shall be submitted prior to issuance of a building permit. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VIII. Reports. Regular Meeting & Public Hearing Town Commission February 13, 2009 page 9 A. Town Manager 1. Stimulus Package RE: Wastewater System - Shovel Ready Mr. Thrasher reported that he has made an application with Congressman Klein's office for the Stimulus Package regarding the waste water system. He was presented with a time line from the engineers for the waste water project and an estimate of 533,700 for the engineering Ocosts. He added that the Florida League of Cities has hired a consultant to determine what is available to the municipalities in Florida and how they should make applications. The Town Manager mentioned that some municipalities have applied for assistance for burying power lines. However, the Town did not apply for anything except sewer installation as yet. The Commission directed that Staff send in an application to Congressman Klein's office for aid to bury the power lines. B. Architectural Review & Planning Board 1. Meeting Dates a. March 26, 2009 @ 8:30 A.M. b. April 23, 2009 @ 8:30 A.M. c. May 28, 2009 @ 8:30 A.M. d. June 25, 2009 @ 8:30 A.M. e. July 23, 20090 @ 8:30 A.M. These dates were announced. C. Finance Director 1. Financial Report for January 2009 Mr. Thrasher asked that the Financial Report be accepted as submitted, if there were no questions, and there were none. Commissioner Orthwein moved and Commissioner Anderson seconded to approve the Financial Report. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Water Usage as of January 31, 2009 This item was made a part of the official record. D. Police Chief 1. Activity for January 2009 Chief Ward asked that the activity report for January, 2009, be accepted as submitted, in the absence of any questions. Commissioner Anderson asked about the grand thefts. Chief Ward explained that the thefts resulted from care givers that were not properly screened. He added that one of the individuals was caught in Tampa and will be held for questioning. IX. Correspondence. A. Resolution No. 2009 -3925 1. A Resolution Of The City Council Of The City Of Miami Springs Urging The Florida Legislature To Equalize The Proportionate Amount Of Funding Provided To Each Region Of Florida; Supporting The Efforts Of The Municipalities And Counties Within The South Florida Tri- county Area To Secure Equalized Funding; Directing The City Clerk To Regular Meeting & Public Hearing February 13, 2009 Town Commission page 5 Provide Copies Of This Resolution To The Officials Identified Herein; Effective Date. This Item was made a part of the official record. X. Items for Commission Action. ^ A. Tabled Items 0 1. ORDINANCE No. 009/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) This Item was removed from the agenda. B. Additional Funding for Municipal Underground Utilities Consortium. Town Manager reported that Municipal Underground Utilities Consortium (MUUC) is requesting $1543 in additional funding. This to complete efforts brought to the Public Service Commission (PSC) regarding additional help from FP &L for undergrounding. Mr. Thrasher advised that this aide may be helpful to the Town with regard to undergrounding the power lines and he recommended the additional funding. Commissioner Wheeler asked how the Town's portion was calculated. Mr. Thrasher advised that when the Consortium was organized, a formula using population figures, taxable values and a maximum contributing figure was devised. He added that a cap of $12,000 was a part of the formula. That was put in place in order to encourage the larger municipalities who were not planning any undergrounding in the near future. They were reluctant to subsidize the other Town's who were currently planning such projects. Commissioner Wheeler stated that he was not in favor of paying additional funding to MUUC. The Town is subsidizing others because we have a higher taxable value. He asked the Town Manager for a one page executive summary of the formula to be discussed at next meeting. Attorney Randolph suggested that the Town Manager provide the formula to the Town Commission of how the contributions are calculated. B. Items by Mayor & Commissioners Mayor Koch reported that he will be sending a letter to Boynton Beach's Mayor regarding the concerns of the residents with regards to rezoning of the of the strip mall and requesting the Town be notified of any and all meetings related to the properties located at 3629 and 3675 s. Federal Highway in Boynton Beach. The Town Manager mentioned that all residents within 400 ft. of the mall would be notified of any permit or rezoning application. Regular Meeting & Public Hearing February 13, 2009 Town Commission page 6 XI. Public. There were no items from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 9:40 A.M. Y nne Eckert, CMC D uty Town Clerk