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HomeMy Public PortalAbout07/09/2010July 1, 2010 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, JULY 9, 2010 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 June 11, 2010. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings I. August 13, 2010 @ 9 A.M. .2. September 10, 2010 @ 9 A.M. 3. October 8, 2010 @ 9 A.M. 4. November 12, 2010 @ 9 A.M. 5. December 10, 2010 @ 9 A.M. VII. Reports. A. Town Manager 1. Overhead Utility Undergrounding Project Update B. Architectural Review & Planning Board 1. Meeting Dates a. July 22, 2010 @ 8:30 A.M. b. September 23, 2010 @ 8:30 A.M. c. October 28, 2010 @ 8:30 A.M. d. November 18, 2010 @ 8:30 A.M. e. December 16, 2010 @ 8:30 A.M. C. Finance Director 1. Financial Report for June 2010 D. Police Chief 1. Activity for June 2010 VIII. Items for Commission Action. A. Ordinance No. 010 -2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 70 -187, TO PROVIDE FOR THE REQUIRED SCREENING OF FENCES FROM PUBLIC AND PRIVATE ROADWAYS AND TO PROHIBIT SPECIFIC TYPES OF FENCING; AMENDING, AT SECTION 71 -4, SITE DEVELOPMENT REGULATIONS FOR THE GULF STREAM DESIGN MANUAL FOR RM WEST AND RM EAST MULTIPLE- FAMILY RESIDENTIAL DISTRICTS, TO INCLUDE NEW LOT COVERAGE AND BUILDING SEPARATION REQUIREMENTS; AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE REQUIREMENTS FOR FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) B. Appointment of 1 ARPB Member. AGENDA CONTINUED C. Presentation of Proposed Budget for Fiscal Year 2010 -2011 1- Budget Consideration 2. 2009 -2010 Millage Rate 3. Proposed Millage for Fiscal Year 2010 -2011 4,. Certification of Rolled Back Millage Rate 5. Date of First Public Hearing - Tentative Budget Adoption 6. Date of Second Public Hearing -Final Budget Adoption D. Items by Mayor & Commissioners IX. Public. X. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 9, 2010 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 Mayor Koch. III. Roll Call. Present and Participating Absent w /Notice Also Present and Participating William F. Koch, Jr Joan K. Orthwein Muriel J. Anderson Chris D. Wheeler Fred B. Devitt, III William H. Thrasher Rita L. Taylor Garrett J. Ward John Randolph Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Chief Town Attorney Town Manager William Thrasher introduced Ron Exline, who served as Mayor of the City of Lake Worth from 1989 to 1993. Mr. Thrasher said he had the pleasure of serving with Mr. Exline on a Citizen's Advisory Board in Lake Worth and he is here today to observe the Commission Meeting. Mr. Exline said he was very impressed with the Town's facility. IV. Minutes of the Regular Meeting of June 11, 2010. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the minutes of the Regular Meeting of June 11, 2010. There was no further discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 13, 2010 @ 9 A.M. 2. September 10, 2010 @ 9 A.M. 3. October 8, 2010 @ 9 A.M. 4. November 12, 2010 @ 9 A.M. 5. December 10, 2010 @ 9 A.M. Mayor Koch asked if there were any conflicts with the meeting schedule. Town Clerk Rita Taylor noted that Commissioner Anderson had previously stated she would not be available for the September 10th Commission Meeting and asked if there were any other conflicts with the month of September. There were none. VII. Reports. A. Town Manager 1. Overhead Utility Undergrounding Project Update Mr. Thrasher said the Overhead Utility Undergrounding Project is proceeding on schedule and the next phase is to gather survey Regular Meeting and Public Hearing Town Commission - July 9, 2010 Page 2 information. He said the Commission has already appropriated a sufficient amount of money for the scope of work and the cost, but because consultants will be in Town surveying, he wanted the Commission to be aware in the event they received phone calls from inquiring residents. Mr. Thrasher said if the Commission chooses to not proceed with the project, they could shut it down now, but he recommends going forward with the surveying and there is no need for an additional O appropriation of funds at this time. There was no direction from the Commission to shut down the project. B. Architectural Review & Planning Board 1. Meeting Dates a. July 22, 2010 @ 8:30 A.M. b. September 23, 2010 @ 8:30 A.M. c. October 28, 2010 @ 8:30 A.M. d. November 18, 2010 @ 8:30 A.M. e. December 16, 2010 @ 8:30 A.M. Clerk Taylor confirmed that the Architectural Review & Planning Board will be meeting on July 22nd. Commissioner Wheeler asked if applications were still slow. Clerk Taylor said there were two applications for the July meeting, one remodel and one new home. Mayor Koch mentioned the need for an alternate member on the Architectural Review & Planning Board. Clerk Taylor said it is on this agenda under "Items for Commission Action." Mayor Koch stated that Bill Coleman, who lives in Gulf Stream, has expressed interest and asked if anyone knew of him. Vice -Mayor Orthwein said Mr. Coleman was in real estate and is retired. Mayor Koch asked the Commissioners if they wanted to appoint Mr. Coleman or someone else at this time or wait until the next meeting. Commissioner Anderson asked about his letter of interest and Mayor Koch said Mr. Coleman mailed the letter to the Town. Mayor Koch said it will be on the agenda for the next meeting. C. Finance Director 1. Financial Report for June 2010 Mr. Thrasher asked that the Financial Report for June 2010 be approved as submitted. commissioner Anderson moved and Commissioner Wheeler seconded to approve the Financial Report for June 2010. There was no discussion. All voted AYE. D. Police Chief 1. Activity for June 2010 Chief Ward said there had been a residential burglary in the core area and they matched fingerprints lifted from the scene to the subject. A warrant was issued for his arrest and he was arrested by the Lauderhill Police Department. Chief Ward said the subject had a history of eight prior burglaries. Commissioner Anderson mentioned the violation of a dog. Chief Ward said it has always been a problem because most of such violations fall under a Town Ordinance violation and were not properly identified. He said these violations show up now because they changed the designation for them. There were no further questions and the Activity Report for June 2010 was accepted as submitted. Regular Meeting and Public Hearing Town Commission - July 9, 2010 Page 3 VIII. Items for Commission Action. A. Ordinance No. 010 -2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 70 -187, TO PROVIDE FOR THE REQUIRED SCREENING OF FENCES FROM PUBLIC AND PRIVATE ROADWAYS AND TO PROHIBIT SPECIFIC TYPES OF FENCING; AMENDING, AT SECTION 71 -4, SITE DEVELOPMENT REGULATIONS FOR THE GULF STREAM DESIGN MANUAL FOR RM WEST AND RM EAST MULTIPLE- FAMILY RESIDENTIAL DISTRICTS, TO INCLUDE NEW LOT COVERAGE AND BUILDING SEPARATION REQUIREMENTS; AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE REQUIREMENTS FOR FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) Clerk Taylor read the Ordinance in title, stating that this Ordinance is being presented for 1st reading this 9th day of July, 2010. She said that multi - family separation and lot coverage are housekeeping matters, explaining that when the Multi - Family Code was revised, lot coverage maximums and building separation requirements were not included. This Ordinance moves forward the 30% lot coverage maximums and 15 -foot building separation requirements which existed in the old Multi - Family Code. Commissioner Wheeler asked if there are current structures that violate this. Clerk Taylor said there are none that were not completed before. Vice -Mayor Orthwein inquired about screening chain -link fence with plantings and asked if chain -link fencing along the Intracoastal Waterway must be screened. Mr. Thrasher said they must be screened from view. He said the Town is not always aware of the work being done behind a property and if a contractor does not apply for a permit for the work the Town cannot inform them of the requirements. He explained that when an application for a permit is submitted which triggers this requirement, the application is stamped indicating that the chain -link fence must be screened from view. Mr. Thrasher said once that is done and a permit is issued, the Town is able to administer the Code as written. Vice -Mayor Orthwein said it seems some contractors do not want to apply for permits which can be a problem. Mr. Thrasher said they need to be permitted and the Police Department is very helpful in these matters. Vice -Mayor Orthwein moved Ordinance No. 010 -2 on 1st All voted AYE. and Commissioner Anderson seconded to adopt reading. There was no further discussion. Mr. Thrasher asked the Mayor to consider declaring a Zoning in Progress with this Ordinance and Mayor Koch agreed. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to declare a Zoning in Progress. There was no further discussion. All voted AYE. B. Appointment of 1 ARPB Member. Clerk Taylor asked Commissioner Anderson if she spoke with ARPB Alternate Member, Malcolm Murphy, about moving up to a Regular Member. Commissioner Anderson said she did speak with Mr. Murphy and he agreed Regular Meeting and Public Hearing Town Commission - July 9, 2010 Page 4 to serve as a Regular Member. Commissioner Anderson moved and Commissioner Wheeler seconded to move Alternate Member, Malcolm Murphy, to Regular Member status on the Architectural Review & Planning Board. There was no further discussion. All voted AYE. Clerk Taylor said she would include the appointment of an Alternate Member on the next ARPB meeting agenda. C. Presentation of Proposed Budget for Fiscal Year 2010 -2011 C, 1. Budget Consideration Mr. Thrasher said that pursuant to the new TRIM requirements, staff will ask for specific motions concerning the proposed budget for FY 2010- 2011. He highlighted some of the basics that are incorporated into the proposed budget, stating that the millage rate is the same as the last two years, which is 2.8655, and the rollback rate for this year is 3.0374. He said this budget includes a 1.7% adjustment in salaries, which is not a cost of living or CPI increase. Mr. Thrasher said this year's CPI is 3.2 %, making up the difference from last year's budget wherein the CPI was a negative 1.5% with no deduction in salaries. He said this year's Fire Contract with the City of Delray Beach has increased by $14,350, which is a 5% increase over last year's Fire contact. Mr. Thrasher said the new State Revenue Sharing figures are not yet available, but those numbers are estimated in this budget. He explained that State legislators did away with the department responsible for providing this information and it has become the responsibility of the Florida Department of Revenue (FDOR). Mr. Thrasher said another large component that is yet to be determined is insurance costs, but estimates have been included in the proposed budget. Mr. Thrasher said the Town is required to determine the millage rate for presentation to the Tax Collector on Form DR -420. He said the figure we present should be the maximum amount of millage that will be considered and, once established, it can be decreased, but not increased. He said Form DR -420 attached to the proposed budget indicates the current rolled back rate is 3.0374 and the proposed millage rate is 3.0374, but he will recommend submitting a proposed millage rate of 2.8655, which is the millage rate for the current year. Mayor Koch questioned part -time and overtime salaries totaling $40,000 for the Police Department and asked how the Department uses a part -time officer. Mr. Thrasher said David Ginsberg, who is our Code Enforcement Officer, works part -time, he is paid an hourly rate and the Town is very lucky to have him. He said Officer Ginsberg retired from another post, does not want to work full time and is able to cover the functions of a Code Enforcement Officer on a part -time basis. Chief Ward said the part -time officer is also utilized to cover patrol for officers on vacation or sick leave at a much lower rate of pay than a full -time officer. Mr. Thrasher said that Overtime is another line item. Mr. Thrasher said it is not the intent of the proposed budget to increase the millage rate. He recommends the Town submit a 2.8655 millage rate. Mr. Thrasher explained that the rate we submit will be Regular Meeting and Public Hearing Town Commission - July 9, 2010 Page 5 advertised, the numbers will be calculated based on that millage rate and that is what will be sent out to the residents. He said we budgeted for a deficit spending for the current year, taking money out of the fund balance, which was a planned event; however, last year the affect of fund balance was a positive amount of approximately $150,000. He said in the current year we see utility service taxes coming in which were not budgeted for and should be a surplus, but it is included in the proposed budget. Mr. Thrasher said the counter effect to that are the costs incurred for the consultants in the undergrounding project, which is ongoing, and he believes the plusses and minuses of the current year will bring us to zero and right on target. He said this budget shows a certain deficit spending of $75,000 and it will be the first year we will have to take money out of the fund balance. Mr. Thrasher said the fund balance is at a very healthy number based on all of the activities over the last two years, including the water main repair which was paid for out of the General Fund. Commissioner Wheeler said he expects staff to keep track of the consultant fees for the undergrounding project and when there is a mechanism in place to pay for the project, either by special assessment, taxes, etc., those costs will be recovered in those payments. He commended Mr. Thrasher for recommending the same millage rate as the previous year, but said the analysis shows a potential use of about $75,000 of our funds next year which could result in a deficit. Commissioner Wheeler asked Mr. Thrasher to give the Commission some ideas to find $75,000 worth of line item savings in the budget so we do not run in a deficit, and he asked him to explain the impact it would have on services in our community if we choose to make some cuts. Commissioner Wheeler said that other than the potential for a $75,000 deficit, he is pleased with the proposed budget and the fact that Mr. Thrasher netted the CPI over two years. Mr. Thrasher said he does not look at just one year and he will be looking at decreased taxable values over the next two years, which is going to create a bigger challenge and it appears that we would not maintain the same millage rate, but rather increase the millage rate by a simple majority vote. He said things are changing, but until taxable values stabilize over the next two years, and Gulf Stream may change before other municipalities, the budget discussion may not be as pleasant next year. Commissioner Wheeler said he was led to believe there were signs of stability, particularly in prices in Gulf Stream, suggesting Gulf Stream would not continue to see decreases in value. Vice -Mayor Orthwein said she feels Gulf Stream has always been stable, meaning that homes are not going into foreclosure, but there are some really good deals around if you have the money. Mayor Koch commented that there is a lot of property for sale in Gulf Stream. Commissioner Wheeler asked if the prices were down another 10% this year over last year. Mr. Thrasher said it is only a portion of the composite of things that affect the Property Appraiser's calculations. Commissioner Wheeler asked if there are any signs of having bottomed out in Gulf Stream. Mr. Thrasher said no. Regular Meeting and Public Hearing Town Commission - July 9, 2010 Page 6 2. 2009 -2010 Millage Rate Mr. Thrasher restated last year's millage rate was 2.8655 and requested a motion to confirm the millage rate for FY 2009 -2010 was actually 2.8655. Vice -Mayor Orthwein moved and Commissioner Wheeler seconded the motion to confirm that 2.8655 was the millage rate for FY 2009 -2010. There was no further discussion. All voted AYE. 3. Proposed Millage for Fiscal Year 2010 -2011 Mr. Thrasher requested a motion that the proposed millage rate for FY 2010 -2011 is 2.8655, which will be presented to the Tax Collector on Form DR -420. Vice -Mayor Orthwein moved and Commissioner Anderson seconded the motion that the proposed millage rate for FY 2010 -2011 is 2.8655. There was no further discussion. All voted AYE. 4. Certification of Rolled Back Millage Rate Mr. Thrasher requested a motion to certify that the Rolled Back Millage Rate for FY 2010 -2011 is 3.0374. Vice -Mayor Orthwein moved and Commissioner Anderson seconded the motion certifying the FY 2010 -2011 Rolled Back Millage Rate is 3.0374. There was no further discussion. All voted AYE. Clerk Taylor said the Commission needs to establish the dates of the two public hearings which are mandatory in September for the adoption of the FY 2010/2011 Budget. She said she eliminated the dates chosen by Palm Beach County and the School Board and there are two tentative dates for the Town to consider. Clerk Taylor said the Commission could hold the 1st public hearing on September 10th which is the regular Commission Meeting date, changing the regular meeting time to 4:00 P.M. and follow with a Tentative Budget Hearing at 5:01 P.M. She said the 2nd public hearing could be scheduled for either Tuesday, September 21st or Wednesday, September 22nd at 5:01 P.M. It was the consensus of the Commissioners that Tuesday, September 21st was the preferred date. 5. Date of First Public Hearing- Tentative Budget Adoption Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to hold the first public hearing on September 10, 2010 which is the Regular Meeting date, changing the time of the Regular Meeting to 4:00 P.M. and follow with a tentative budget hearing at 5:01 P.M. There was no further discussion. All voted AYE. 6. Date of Second Public Hearing -Final Budget Adoption Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to hold the second public hearing for the adoption of the FY 2010/2011 Budget for September 21, 2010 at 5:01 P.M. There was no further discussion. All voted AYE. D. Items by Mayor & Commissioners Commissioner Wheeler asked if there was anything concerning annexation that required Commission action at this time. Mayor Koch said there was nothing at this time, but there has been progress and staff is gathering information concerning the developer's plans and how Palm Beach County is handling this. He said Robert Ganger of the Florida Coalition for Preservation has been active in this matter. Mr. Ganger requested to comment for the record. He said the developer will have an opportunity to present his site plan to the Development Review Officer at the July 14th Palm Beach County Planning & Zoning Regular Meeting and Public Hearing Town Commission - July 9, 2010 Page 7 Review Board meeting. There have been a number of concerns raised by staff and the public on the plan as submitted and there are technical errors and many corrections to be made. Mr. Ganger said that July 12th is the deadline date to get on the meeting agenda, but the developer may be considering further modifications which will delay his presentation by another month. He said he hopes Gulf Stream, the Coalition and residents living in the neighborhood will have an opportunity to review any modifications. Mr. Ganger said that residents in the neighborhood have seen plans previously rejected, but have not yet seen the most recent plans. Mr. Michael Gustafson, who a full time resident at Ballantrae and a member of their Board, stated that the residents did have an opportunity to see the most current Sea Horse plans. He said about three years ago, the owner /developer of the Sea Horse property presented a plan for a 3- story luxury version of what was previously there. The height was about 30 -40 feet with 32 units, which was okay, but because the structure was U- shaped with the arms stretched east and west, it disrupted their ocean view. The developer filed bankruptcy and Kolter Group took over. Kolter presented a unique plan for a V- shaped structure with the open V facing AlA. The structure maintained a pretty good view, but it was too high. The original plan was for a 7 -story structure, but the final version of the plan to date is for a 5 -story building on the AlA side and a 6 -story building on the remainder of the V. Kolter Group has stated that anything lower would require them to redesign the apartments and make the building wider which would result in smaller setbacks than already exist on the north and south sides. Mr. Gustafson said the residents asked Kolter if they will be prepared to meet with the Palm Beach County Planning & Zoning Board on July 14th and Kolter did not know for sure; however, they appeared confident and he believes if Kolter Group does meet with the County they will most likely be approved because everything they have done is in accordance with the County's codes, regulations and ordinances. He added that there only minor errors that could easily be rectified as time progresses, even after approval. He said not a single owner at Ballantrae has suggested anything but annexation into Gulf Stream and they will stay involved and work together with the Town. He understands that the proposed height of the Sea Horse project may still be too high for Gulf Stream, which could result in a negative attitude toward annexation, but time will tell. Mayor Koch said there is considerable concern over the creation of high Cj structures along the coastal areas as they are undesirable to our residents and they present safety issues. He said both Gulf Stream and the Coalition are concerned with the development of the Sea Horse and annexation. Mr. Ganger said Mr. Gustafson has spent many hours keeping current on the progress of the Sea Horse and keeping residents informed. He said the original Sea Horse had 23 residential units and the current plan calls for 34 units, but if they kept the same footprint and removed one story, it would bring the number of units to 28, which will be more luxurious than the original units. Mr. Ganger said he believes the quality of the project in terms of the design, materials and location could generate almost as much revenue as 34 units located in either the County Pocket or Boynton Beach. Mayor Koch said Kolter owns property on Regular Meeting and Public Hearing Town Commission - July 9, 2010 Page S the west side of A1A where they could add units and it would be in keeping with the Gulf Stream design. Mr. Ganger said he believes Kolter will go ahead and get the permit, but the Coalition will not give up and they plan to attend the July 14th meeting; however, they are not permitted to comment. He said he will report back to the Commission. IX. Public. There were no public comments. X. Adjournment. Commissioner Wheeler moved and vice -Mayor Orthwein seconded to adjourn the meeting. All were in favor. The meeting was adjo}iri ed at 9:40 A.M. Gail C. Abbale Administrative NOTICE OF APPLICAT"I.ON 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, July 22, 2010 at 8:30 A.M. and the Town Commission will hold a Public Hearing on Friday, August 13, 2010 at 9:OOA.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 Mark Marsh as agent for Mr. and Mrs. Steven Silverman, contract purchasers of the property owned by Flavia Milano located at 1465 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds in the revised plat of Blocks D &E of Palm Beach Shore Acres to permit the following: A. 10 1. VARIANCE to permit additions consisting of 1,070 sq.ft. to existing 1,946 sq. ft. non - conforming out buildings that exceed the maximum allowed 700 sq. ft. 2. SPECIAL EXCEPTION to extend the west wall of existing non- conforming guest house which encroaches 40 ft. into the front setback. 3. NORTH OCEAN BLVD. OVERLAY PERMIT to extend existing non- conforming guest house 16 ft. southward. 1. VARIANCES to construct a 358.4 sq. ft. loggia on the east side of the non - conforming 3 -story dwelling. a. Loggia encroaches 14 ft. into rear (east) setback b. Loggia encroaches 6 ft. into south side setback c. Exceeds the maximum allowable floor area ratio by 239 sq. ft. 2. SPECIAL EXCEPTIONS to extend existing non - conforming walls on existing non - conforming dwelling. a. South wall of existing non - conforming 3 -story dwelling is on the south property line, an encroachment of 15 ft. b. North wall of existing non - conforming 3 -story dwelling encroaches approximately 6 ft. into the north side setback. C. LEVEL 3 ARCHITECTURAL /SITS PLAN REVIEW to permit additions to the existing Mediterranean Revival non - conforming structures, a total of 1,603 sq. ft. The Architectural Review and Planning Board shall make a recommendation to -he 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 PERSONS 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,: July 6, 2010 Publish: Palm Beach Post July 11, 2010 July 28, 2010 August 7, 2010 TOWN OF GULF STREAM, FLORIDA , Rita L. Taylor, ToWYi Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION N NO. 4175374' ' - N NOTICE DEVELOPMENT TGIVEN APPROVAL thi Architectural Review and Plannini Board ofth. Town fGIfSt,xam norm wain of existing nomconformin, 3 -story dwelling encroaches approxima Sworn to and subscribed before 29 day of 7uly, A.D. 201 O. C. eLEly b k. into he north side setback. LA , W11015 peC50n811y 1mOWn to me. EVI P VEL 3 ARCHITECTHRAUSITE EW to permit additions to the existing Mediterranean Reviva non -canto rminq structures, a total of 1,603 sq. k. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final deasion 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 evi- dence. The complete application materials are on foe In the offjce of the Town Clerk NOTARY PUBLIC -STATE OF FLORIDA t "x L Karen M. McUnton "11— L ,8909- � i.s3 Pop eCommission #DD832672 a,A' pal Mol'rr `- ,r_$xpires: NOV.15,2012 nPy r PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, August 13, 2010, at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 010 -2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES AT SECTION 70 -187, TO PROVIDE FOR THE REQUIRED SCREENING OF FENCES FROM PUBLIC AND PRIVATE ROADWAYS AND TO PROHIBIT SPECIFIC TYPES OF FENCING; AMENDING, AT SECTION 71 -4, SITE DEVELOPMENT REGULATIONS FOR THE GULF STREAM DESIGN MANUAL FOR RM WEST AND RM EAST MULTIPLE - FAMILY RESIDENT- IAL DISTRICTS, TO INCLUDE NEW LOT COVERAGE AND BUILDING SEPARATION REQUIREMENTS; AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE REQUIREMENTS FOR FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting, because of disability or impairment, should contact the Town Clerk, 561 - 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate the request. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN �) COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 4' 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. Publish: Palm Beach Post Date: August 2, 2010 TOWN OF GULF STREAM, FLORIDA 2� X i Rita L. Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising fora Notie in the matter Ordinance 010/2 was published in said newspaper in the issues of August 2. 2010. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofnre been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 2' day of August, A.D. 2010. Who is personally known to me. A� knt-�� NOTARY PUBLICSTATE OF FLORIDA Karen M. McLinton VCommission *DD&32672 Expires: NOV.IS,2012 BM M THRG ATL4VNC BMING 00. RM , . , L'. C c NOTICE 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, JULY 22, 2010 AT 8:30 A.M. and the Town Commission will hold a Public Hearing on FRIDAY, AUGUST 13, 2010 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 Cbe considered: An application submitted by Randall Stofft Architects as agent for Howard and Bonita Erbstein, owners of the property located at 3288 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 28 Gulf Stream Properties and the north 50, of Lot 27, for the following: 1.LAND CLEARING PERMIT to clear the building site and replace and relocate other trees and plants as listed. 2.SPECIAL EXCEPTION to permit 286 sq. ft. of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. 3.LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to demolish existing structures and construct 3 Gulf Stream Bermuda structures, 6,603 sq. ft. two -story dwelling with attached garage, 381 sq. ft. guest house, and 381 sq.ft. detached garage and a swimming pool. 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. TOWN OF GULF STREAM, FLORIDA Dated: July 8, 2010 Rita L. Taylor, Town lerk