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Home My Public Portal AboutDevelopment Agreement Supporting DocumentsNOTICE OF PUBLIC HEARING TOWN COMMISSION OF THE TOWN OF GULF STREAM REGARDING A PROPOSED DEVELOPMENT AGREEMENT The Town of Gulf Stream Commission proposes to adopt a Development Agreement and Resolution! RESOLUTION NO. 013-04 OF THE TOWN THE TOWN OF UDA, APPROVING HEIGHT OF ANY 5INULL I-AMILi RESIDENTIAL STRUCTURE TO BE CONSTRUCTED AT 23 HIDDEN HARBOUR DRIVE WITHIN THE TOWN OF GULF STREAM, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Please take notice Public Hearings' will be held on September 13, 2013 at 3:30 P.M. and September 17, 2013 at 9:00 A.M.or as soon as may be heard, in the Commission Chambers of the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida, to consider this Resolution and a Development Agreement incorporated therein. The property subject to the proposed Development Agreement is located at 23 Hidden Harbour Drive, Gulf Stream, Florida 33483, and legally described as Lot 5, Hidden Harbour Estates (the Propertyy). The Property is owned by Martin E. O'Boyle. The use of the Property Sna[I ce innneo to a one or two-story single family residence; (2) The budding height of any single family residence constructed on thePtop erty shall not exceed two stories; (3) The architectural feature shown on the entry feature of the current residential structure is not an east the Public Hearing the Town Commission will consider all comments and arguments in support or in opposition to the Resolution and Development Agreement. Any aggrieved or adversely affected person as defined in section 163.3215(2) me file an action for injunctive rel in the circuit court in Palm Beach County to enforce the terms of the Development Agreement or to challenge compliance of same pursuant to the rovisons o 163.3220-163.3243, Fla. Staf sections Stat. Consideration of the Development Agreement on the dates specified above may be continued, postponed or withdrawn without prior notice. If you have any questions, please do not hesitate to call Town Manager, William H. Thrasher or Town Clerk, Rita L. Taylor. SHOULD ANY INTERESTED PARTY AND EVIDENCE UPON WHILM APPEAL IS TO BE BASED, 286.0' F.S.S. TOWN OF GULF STREAM, FLORIDA Rita L- Taylor, Town Clerk PUB: The Palm Beach Port 9-3,92013 X117930 NOTICE OF PUBLIC HEARING TOWN COMMISSION OF THE TOWN OF GULF STREAM REGARDING A PROPOSED DEVELOPMENT AGREEMENT The Town of Gulf Stream Commission proposes to adopt a Development Agreement and Resolution: RESOLUTION NO. 013-04 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, APPROVING AND INCORPORATING THEREIN A DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND MARTIN E. O'BOYLE WHICH AMONG OTHER THINGS GOVERNS THE DEVELOPMENT INTENSITY, LOT COVERAGE, AND HEIGHT OF ANY SINGLE FAMILY RESIDENTIAL STRUCTURE TO BE CONSTRUCTED AT 23 HIDDEN HARBOUR DRIVE WITHIN THE TOWN OF GULF STREAM, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Please take notice Public Hearings will be held on September 13, 2013 at 3:30 P.M. and September 17, 2013 at 9:00 A.M. or as soon as may be heard, in the Commission Chambers of the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida, to consider this Resolution and a Development Agreement incorporated therein. The property subject to the proposed Development Agreement is located at 23 Hidden Harbour Drive, Gulf Stream, Florida 33483, and legally described as Lot 5, Hidden Harbour Estates (the Property). The Property is owned by Martin E. O'Boyle. Amongst other things, the Development Agreement provides: (1) The use of the Property shall be limited to a one or two-story single family residence; (2) The building height of any single family residence constructed on the Property shall not exceed two stories; (3) The architectural feature shown on the entry feature of the current residential structure is not an eave and is not subject to the eave height requirements of X70 -100(c) of the Town Code and (4) The front yard setback of the current residential structure shall be measured from the atrium (the wall and trellis system just north and east of the front entry of the home). The full text of the Resolution and Development Agreement may be inspected by the public at the Gulf Stream Town Hall in the office of the Town Clerk, Monday through Friday, 9:00 A.M. to 4:00 P.M. All interested parties are encouraged to come to the Public Hearing and be heard. At this Public Hearing the Town Commission will consider all comments and arguments in support or in opposition to the Resolution and Development Agreement. Any aggrieved or adversely affected person as defined in section 163.3215(2) may file an action for injunctive relief in the circuit court in Palm Beach County to enforce the terms of the Development Agreement or to challenge compliance of same pursuant to the provisions of sections 163.3220-163.3243, Fla. Stat. Consideration of the Development Agreement on the dates specified above may be continued, postponed or withdrawn without prior notice. If you have any questions, please do not hesitate to call Town Manager, William H. Thrasher or Town Clerk, Rita L. Taylor. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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 TOWN OF GUL STREAM, FLORIDA Date: September 3, 2013 September 9, 2013 r Rita L. Taylor, 7$6wn Clerk UV 100 Sea, ad 19 Hidden Harbour Drive 5 od Landing �w Delra each,,FL 33483 Delray Beach, FL 33483 D y Beach, FL 33483 �LtXin �cScGief t7~ -ea 6vi`�1� �c�4ecC�� Nancy D. Touhey Mr. Karl Heinz Sorg Paul Roiff Nancy D. Touhey Trust Hldr Bischofsweg 54 1180 S. Ocean Blvd. ✓ I /Psi 1200 N. Ocean Blvd. 60598 Frankfurt Lantana, FL 33462 Delray Beach, FL 33483 GERMANY Ralph J. MacDonald Harbor View Estates LLC James P. Neeves 1410 N. Ocean Blvd. 185 NE Fourth Avenue, Suite 104 11 Hidden Harbour Drive Gulfstream, FL 33483 Delray Beach, FL 33483 Delray Beach, FL 33483 William B. Himmelrich Scott W. Morgan Thomas Barton 1304 N. Ocean Blvd. 1140 N. Ocean Blvd. 9 Driftwood Landing Road Delray Beach, FL 33483 Delray Beach, FL 33483 Gulfstream, FL 33483 Stephen D. Wehrle Thomas A. Smith 1310 N. Ocean Blvd. 1122 N. Ocean Blvd. Delray Beach, FL 33483 Gulfstream, FL 33483e5 William H. Binnie Trust Lars Nilsen` 1314 N. Ocean Blvd. 930 Indigo Point 7707 )-0 �Y`) 1 `C Delray Beach, FL 33483 Gulfstream, FL 33483 George T. Elmore 2004 Parker Family Ltd Partnership ' �OLI� 1 I; 1 44 1320 N. Ocean Blvd. 1330 N. Ocean Blvd. �/ Delray Beach, FL 33483 Delray Beach, FL 33483 CA c:��5 QJuJS� vms° ht (liJ 6't760 X0 SLO 16 Hidden Harbour Drive LLC John S. Crompton 1280 W. Newport Center Drive 1424 N. Ocean Blvd. fyPr §qui;="?}a Deerfield Beach, FL 33442 Delray Beach, FL 33483 Wallace Properties LLC Harry Sargeant III 28 02 College Point Blvd. 1420 N. Ocean Blvd. Flushing, NY 11354 ''Delray Beach, FL 33483 � fi`�nnrMI4-4ckeL/p I/P/1101/Permits Approvals/ Joseph D. Morris Flavia-K. Milana Zoning Variance/ 24 Hidden Harbour Drive 4 Driftwood Landing Road Property List 300.doc Delray Beach, FL 33483 Gulfstream, FL 33483 Page 1 of 4 Rita Taylor From: Bill Thrasher Sent: Monday, September 09, 2013 3:32 PM To: Rita Taylor Subject: FW: Development Agreement - O'Boyle & Gulf Stream From: Baird, Thomas J. [mailto:TBaird@jonesfoster.com] Sent: Monday, September 09, 2013 2:07 PM To: Randolph, John C. Cc: Bill Thrasher Subject: RE: Development Agreement - O'Boyle & Gulf Stream I spoke with Bill Ring and went over the survey. I do not believe it is Marty's intent to construct a structure from side lot line to side lot line (assuming a re- build). I believe we have a solution regarding how we will clarify the cross hatching so that this is not possible. Bill Ring will get back to me later today or tomorrow to confirm our discussion of how to handle the issue. JONESFOSTER pql\;��n n. i Y1Ns O..t Thomas J. Baird Florida Bar Board Certified City, Counts and Local Government Attorney Direct Dial: 561.650.8232 1 Fax: 561.746.6933 1 tbairdRionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-A, Jupiter, I7orida 33458 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Randolph, John C. Sent: Monday, September 09, 2013 11:37 AM To: Baird, Thomas J. Subject: RE: Development Agreement - O'Boyle & Gulf Stream Tom, Thank you for providing me the package relating to the Development Agreement. Please note 9/9/2013 Page 2 of 4 specifically paragraphs 35 and 36. As I recall, paragraph 35 was intended to allow O'Boyle to build whatever he might have been able to build on the property under the zoning code in 1981 when the home was initially constructed. Notwithstanding the provisions of that code, it was agreed that a home would not be more than two stories. Paragraph 36 simply provided that the Development Agreement will include a survey provided by O'Boyle which shall provide a building envelope, but I believe that building envelope is subject to whatever the setbacks were required to be in 1981. Hopefully this can be worked out between you and Ring. If he is not returning your call, 1 suggest you get an email to him advising of the Town's concerns. Thank you. JOHN C. RANDOLPH JONESFOSTER Jl/il\SfU\ k I UNKS. P.A. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 jxandolph(ilionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South f^lagler Drive, Suite 1100, West Palm Beach, Florida 33101 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Baird, Thomas J. Sent: Friday, September 06, 2013 11:20 AM To: Randolph, John C. Subject: Fwd: Development Agreement - O'Boyle & Gulf Stream The survey is Exhibit C Sent from my iPhone Begin forwarded message: From: "William Ring" <wring(a,commerce-erouo.com> To: "Baird, Thomas J." <TBairdQjonesfoster.com> Subject: FW: Development Agreement - O'Boyle & Gulf Stream Tom —the survey is exhibit c William F. Ring Real Estate & Development 9/9/2013 Page 3 of 4 Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: William Ring Sent: Monday, August 26, 2013 6:05 PM To: Baird, Thomas J. Cc: charlie.siemonna,srav-robinson.com: Marty O'Boyle; Ryan Witmer; William Ring Subject: Development Agreement - O'Boyle & Gulf Stream Tom: Attached: 1. A redline version of the DA that you emailed to me on 8.23 at 10:45 am. I accepted all changes in your document, then made revisions per our conversation this afternoon. I also made an additional change to 9 (e). 2. Exhibit A —1 Application. This is the pdf version of the Application that I submitted on 1.15.13. 3. Exhibit A — 2 Plans. This is the pdf version of the plans that were submitted with the Application. 4. Exhibit B — The Settlement Agreement. Please note the Plans were not an exhibit to the Settlement Agreement (as we were discussing earlier). 5. Exhibit C — Building Envelope per the Settlement Agreement. Tom, I think we are there. Please review and let me know if you have any comments. Also, I think you should place your advertisements now. I see no reason to delay them any longer as we should be done with the DA very soon. I will let you know if Mr. O'Boyle or Mr. Siemon have any further comments. Thanks again for your work on this project. Bill Ring William F. Ring Vice President Commerce Group, Inc. 1280 West Newport Center Drive 9/9/2013 Page 4 of 4 Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: Baird, Thomas J. [mailto:TBairdQionesfoster.coml Sent: Monday, August 26, 2013 11:21 AM To: William Ring Subject: Development Agreement Upon further review, I have a couple of minor suggestions to the draft DA I sent to you last week. I will be out of the office this week Thursday and Friday. Could we speak today and see if we cannot get this wrapped up? [cid:image001.iyg(@01 CEA285.71 F36650 Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney Direct Dial: 561.650.8232 1 Fax: 561.746.6933 tbaird ionesfoster.com<mailto:tbairdna jonesfoster com> Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www.ionesfoster.com<http://www.ionesfoster.com/> U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 9/9/2013 Page 1 of 2 Rita Taylor From: Rita Taylor Sent: Saturday, August 24, 2013 1:11 PIA To: 'Baird, Thomas J.'; Bill Thrasher Subject: RE: red line of DA Counselor: Bill asked me to read the Agreement and comment directly to you. I hesitate to make any comment until we see all of the Exhibits including the survey, but here goes. I would prefer to see each of the Exhibits actually recorded, along with the DA. I know there are several copies of the "Exhibits" floating around and I would be more comfortable knowing the right ones will be used in the future. With regard to #18, Conflicts, if we make sure all of the exhibits and DA meet what was agreed upon before the DA is signed, why even raise the possibility of a future conflict? Or, does that even matter? The DA was a part of the Settlement Agreement and if the DA is conflicted in some way, is not the entire settlement? I suppose the creation of #18 is an effort to make sure the Settlement survives, but at what cost. I'm sure you have already considered all of this, but I saw the note [discuss and think about this] so I did. Rita From: Baird, Thomas J. [mailto:TBaird@jonesfoster.com] Sent: Friday, August 23, 2013 12:36 PM To: Bill Thrasher Cc: Rita Taylor Subject: RE: red line of DA The survey should address the FAR, square footage, and lot area. If not, we can work that out. I think we should modify the DA to incorporate by reference the Survey and the Plans. We would only record the DA. I will discuss that with Mr. Ring. JONESFOSTER N�IIWIIM kftl'M5.2A. Thomas J. Baird Florida Bar Board Certified Citv, County and Local Government Artomev Direct Dial: 561.650.8232 1 Fax: 561.746.6933 tbaird@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www.jonesfoster.com U.S. Treasun- Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copving of this email is prohibited. Please immediately notify us by email and delete the original message. 8/25/2013 Page 2 of 2 From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Friday, August 23, 2013 11:19 AM To: Baird, Thomas J. CC: Rita Taylor Subject: RE: red line of DA Thanks Tom, 1. Should the proposed plan documents, those that were used at the application, be part of the recording process? 2. 1 could not see any reference to FAR, allowable square footage, effective lot area, etc. 3. 1 could not find any attachments but realize that the application document drawing are located at Town Hall. However, the survey which will include "buildable lot" etc., is missing and I could not comment. Rita is reading this when possible. If she has anything I will ask her to respond directly to you. FU From: Baird, Thomas J. [mailto:TBaird@ionesfoster.coml Sent: Friday, August 23, 2013 10:47 AM To: William Ring (wring(alcommerce-orouo.com) Cc: Randolph, John C.; Bill Thrasher Subject: red line of DA Importance: High Here you go. Thanks for your patience. 8/25/2013 Page 1 of 2 Rita Taylor From: Baird, Thomas J. [TBaird@jonesfoster.coml Sent: Friday, August 23, 2013 12:36 PM To: Bill Thrasher Cc: Rita Taylor Subject: RE: red line of DA The survey should address the FAR, square footage, and lot area. If not, we can work that out. I think we should modify the DA to incorporate by reference the Survey and the Plans. We would only record the DA. I will discuss that with Mr. Ring. JONESFOSTER Thomas J. Baird Florida Bar Board Certified City, Count' and Local Government Attorney Direct Dial: 561.650.8232 Pas: 561.746.6933 t"rd(7a,ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-.1, Jupiter, Florida 33458 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon m avoid penalties that may be imposed by die Internal Revenue Service. Incoming emads are filtered which may delay receipt. This email is personal to the named recipient(g) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Friday, August 23, 2013 11:19 AM To: Baird, Thomas J. Cc: Rita Taylor Subject: RE: red line of DA Thanks Tom, 1. Should the proposed plan documents, those that were used at the application, be part of the recording process? 2. 1 could not see any reference to FAR, allowable square footage, effective lot area, etc. 3. 1 could not find any attachments but realize that the application document drawing are located at Town Hall. However, the survey which will include "buildable lot" etc., is missing and I could not comment. Rita is reading this when possible. If she has anything I will ask her to respond directly to you. 8/23/2013 Page 2 of 2 Bl' From: Baird, Thomas 3. [mailto:TBaird@ionesfoster.coml Sent: Friday, August 23, 2013 10:47 AM To: William Ring (wring(a@commerce-group com) Cc: Randolph, John C.; Bill Thrasher Subject: red line of DA Importance: High Here you go. Thanks for your patience. 8/23/2013 Page I of I Rita Taylor From: Bill Thrasher Sent: Friday, August 23, 2013 11:19 AM To: Baird, Thomas J. Cc: Rita Taylor Subject: RE: red line of DA Thanks Tom, 1. Should the proposed plan documents, those that were used at the application, be part of the recording process? 2. 1 could not see any reference to FAR, allowable square footage, effective lot area, etc. 3. 1 could not find any attachments but realize that the application document drawing are located at Town Hall. However, the survey which will include "buildable lot" etc., is missing and I could not comment. Rita is reading this when possible. If she has anything I will ask her to respond directly to you. From: Baird, Thomas J. [mailto:TBaird@jonesfoster.com] Sent: Friday, August 23, 2013 10:47 AM To: William Ring (wring@commerce-group.com) Cc: Randolph, John C.; Bill Thrasher Subject: red line of DA Importance: High Here you go. Thanks for your patience. 8/23/2013 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this _ day of '2013, by and between the TOWN OF GULF STREAM, a Florida municipal corporation (hereinafter the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTIN E. O'BOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483. RECITALS WHEREAS, the Town is empowered and authorized to enter into pevelopment_- reements In accordance with the Florida Local Government Development_ Agreement Act, - ------- - — Florida Statutes--Se-ction 163.3220-163.3243 (2012) ("Act"); and ---_ WHEREAS, Owner filed an application for Development Approval for a Level 3 Architectural/Site Plan Review ("Application") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which only one was granted ; and - - Deleted: d Deleted: a WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed- Deleted: a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. 5. Concurrency. The Property meets all applicable levels of service 6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future land use designation of the Town's Comprehensive Plan. 7. Land Development Regulations. The land development regulations which shall be applied to the Property are contained within Chapters 66, entitled "Zoning" and 70, entitled "Gulf Stream Design Manual" of the Code. (a) The architectural feature shown on the entry feature as shown in the Plans (as defined in the Settlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subject to the eave height requirements for structures pursuant to the Code. The result Is that when the Code is properly applied to the Application no variance is required; (b) The height of the proposed entry feature for this two story structure is not subject to the eave height requirements contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature for this structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application of the Code, the Architectural/Site Plan Application submitted does not require a variance; and (c) With respect to the minimum front yard setback, a proper interpretation of the Code would be that this setback should be measured from the atrium (the wall and trellis system just north and east of the front entry of the home) as shown on the Architectural/Site Plan because the atrium is part of the home. More particularly, the beginning point of the measurement of the front yard set back should be the northernmost point of the atrium. When the atrium is used as the beginning point for measurement no variance is required because there is no encroachment. 8. Term. This Agreement shall have a term of thirty (30) years after the Effective Date; provided, however, nothing shall preclude the parties from modifying or extending the Development Agreement or entering into a new Development Agreement. 9. Authorized Development. The Town agrees: a) (i) that the Property may be developed substantially in accordance with the Application (Exhibit A-1) or substantially in accordance with the Plans (Exhibit A-2); to issue (or cause to be issued) such other necessary permits, permission and approvals as may be required to demolish and construct the Improvements upon the Property as set forth in the Application or on the Plans; b) that the height of the home's entry feature may be 30 feet measured from the highest floor elevation to peak of the roof; C) that the front setback for the Property shall be measured from the most northerly portion of the existing atrium to the front lot line.; and d) that the area under the entry feature shall be excluded from the calculation of floor area. P/1101/C/C/R2012 08.20.13 Page 2 e) that the development, renovation or redevelopment of the Property shall be limited to a Single Family residence of no more than two stories 10. Amendments. This Agreement may be amended by the mutual consent of the Town and Owner. 11. Exhibits. The Architectural/Site plan for the Property is attached hereto and incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached hereto as Exhibit B) shall be incorporated herein and be a part hereof. [Exhibits — confirm no conflicts] 12. Termination. This Agreement may be terminated upon the agreement of the parties. 13. Successors in Interest. This Agreement shall inure to the benefit of the parties successors and assigns, and shall run with the land. 14. Recording. In accordance with b 163.3239. Fla Stat this Agreement §hal be recorded _ Deleted: may in the Official Public Records in and for Palm Beach County, Florida, within 14—d os of its e%eCIltlOn bV the Dartle� — Deleted• i( agreed to by the Parties. In -----------------------------------------------` the alternative,a Memorandum the of Development Agreement shall bof e 15. Governing Law. The laws of the State of Florida shall apply. Venue shall be in Palm recorded Beach County, Florida. 16. Attorney Fees. In the event either of the parties must enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through the appellate level. 17. Effective Date. This Agreement shall become effective upon execution by the Parties hetet jGsDeleted: when it is signed by the ---------------------------------- authorized agent of each party 18. Conflicts. If and to the extent that there are any conflicts between this Agreement, Deleted: [why dateanersettlement Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit a shall prevail, except as follows: he Town?]Agreement What if not approved by [discuss and think about this]. Formatted: Font: Bold 19. Building Envelope. Attached as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this _ day of 2013. ATTEST: TOWN OF GULF STREAM, FLORIDA P/1101/C/C/R2012 08.20.13 Page 3 [TOWN SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: John C. Randolph, Town Attorney WITNESSES: Signature Print Name: Signature Print Name: P/1101/C/GR2012 08.20.13 Page4 Mayor MARTIN E. O'BOYLE Page I of 1 Gary R. Nlkolit5, CFA Ptoperty Appraiser's Public Access • . • . i Property Appraiser �o�Rrr n44C' fld -n .u,E ac3 . COUTAY v Location Address 23 HIDDEN HARBOUR DR Municipality GULF STREAM Parcel Control Number 20-43-46-09-46-000-0050 Subdivision HIDDEN HARBOUR ESTS Official Records Book 03413 Page 0410 Sale Date NOV-1980 Legal Description HIDDEN HARBOUR ESTS LOT 5 Mailing address OBOYLE MARTIN E Owners 23 S HIDDEN HARBOR GULFSTREAM FL 33483 DR 7244 Sales Date Price OR Book/Page Sale Type Owner NOV-1980 $170,000 03413 /0410 WARRANTY DEED OBOYLE MARTIN E Exemption Applicant/Owner Year Detail OBOYLE MARTIN E 2013 Number of Units 1 'Total Square Feet 7907 Acres 0.90 Use Code 0100 - SINGLE FAMILY Zoning RS -F - SINGLE FAMILY -FRINGE ( 20 -GULF STREAM) Tax Year 2012 2011 2010 Improvement Value $587,603 $357,387 $358,782 Land Value $1,033,560 S1,033,560 51,033,560 Total Market Value $1,621,163 $1,390,947 $1,392,342 All values are as of January 1st each year Tax Year 2012 2011 2010 Assessed Value $1,432,675 $1,390,947 $1,392,342 Exemption Amount 550,000 $50,000 $50,000 Taxable Value 51,382,675 51,340,947 51,342,342 Tax Year 2012 2011 2010 Ad Valorem $25,336 524,935 525,132 Non Ad Valorem S1,115 $174 $166 Total tax 526,451 525,109 525,298 http://www.co.palm-beach. flus/papa/Asps/PropertyDetaillPropertyDetail.aspx?parcel=204... 8/21/2013 nv_913 r STATE CiF .ELORIO&I ..; s DOCUIdENTARY, ; Rita Taylor From: Bill Thrasher Sent: Wednesday, August 21, 2013 5:51 AM To: Rita Taylor Subject: FW: AD to be published once DA is final Attachments: 1 GX9824.DOC.doc M LGX9824.DOC.doc (33 KB) This is your's Rita. -----Original Message ----- From: Baird, Thomas J. [mailto:TBaird®jonesfoster.com] Sent: Tue 8/20/2013 4:36 PM To: Bill Thrasher Cc: William Ring (wringWcommerce-group.com); Charlie L. Siemon (Charlie.Siemon@gray- robinson.com); Randolph, John C. Subject: AD to be published once DA is final Before publishing, please confirm that the owner of the property -is Martin E. O'Boyle. I would try to line up the Post for publication on Friday, August 30 with the hope that we will have agreement on the text of the DA by then. A Resolution approving the incorporated DA will have to be created. Let me know if you would like me to do that. If so please send the format of the Resolution. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this _ day of 2013, by and between the TOWN OF GULFSTREAM, a Florida municipal corporation (hereinafter the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTIN E. O'BOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483. RECITALS WHEREAS, the Town is empowered and authorized to enter into development agreements in accordance with the Florida Local Government Development Agreement Act, Florida Statutes Section 163.3220-163.3243 (2012) ("Act"); and WHEREAS, Owner filed an application for Development Approval for a Level 3 Architectural/Site Plan Review ("Application") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which one was granted ; and WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. 5. Concurrency. The Property meets all applicable levels of service. 6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future land use designation of the Town's Comprehensive Plan. 7. Land Development Regulations. The land development regulations which shall be applied to the Property are contained within Chapters 66, "Zoning" and 70, "Gulf Stream Design Manual" of the Code. (a) The architectural feature shown on the entry feature as shown in the Plans (as defined in the Settlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subject to the eave height requirements for structures pursuant to the Code. The result is that when the Code is properly applied to the Application no variance is required; (b) The height of the proposed entry feature for this two story structure is not subject to the eave height requirements contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature for this structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application of the Code, the Architectural/Site Plan Application submitted does not require a variance; and (c) With respect to the minimum front yard setback, a proper interpretation of the Code would be that this setback should be measured from the atrium (the wall and trellis system just north and east of the front entry of the home) as shown on the Architectural/Site Plan because the atrium is part of the home. More particularly, the beginning point of the measurement of the front yard set back should be the northernmost point of the atrium. When the atrium is used as the beginning point for measurement no variance is required because there is no encroachment. 8. Term. This Agreement shall have a term of thirty (30) years after the Effective Date; provided, however, nothing shall preclude the parties from modifying or extending the Development Agreement or entering into a new Development Agreement. 9. Authorized Development. The Town agrees: a) (i) that the Property may be developed substantially in accordance with the Application (Exhibit A-1) or substantially in accordance with the Plans (Exhibit A-2); to issue (or cause to be issued) such other necessary permits, permission and approvals as may be required to demolish and construct the Improvements upon the Property as set forth in the Application or on the Plans; b) that the height of the home's entry feature may be 30 feet measured from the highest floor elevation to peak of the roof, C) that the front setback for the Property shall be measured from the most northerly portion of the existing atrium to the front lot line.; and d) that the area under the entry feature shall be excluded from the calculation of floor area. P/1101/C/C/R2012 08.20.13 Page 2 10. Amendments. This Agreement may be amended by the mutual consent of the Town and Owner. 11. Exhibits. The Architectural/Site plan for the Property is attached hereto and incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached hereto as Exhibit B) shall be incorporated herein and be a part hereof. [Exhibits — confirm no conflicts] 12. Termination. This Agreement may be terminated upon the agreement of the parties. 13. Successors in Interest. This Agreement shall inure to the benefit of the parties successors and assigns, and shall run with the land. 14. Recording. This Agreement may be recorded in the Official Public Records in and for Palm Beach County, Florida, if agreed to by the parties. In the alternative, a Memorandum of the Development Agreement shall be recorded. 15. Governing Law. The laws of the State of Florida shall apply. Venue shall be in Palm Beach County, Florida. 16. Attorney Fees. In the event either of the parties must enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through the appellate level. 17. Effective Date. This Agreement shall become effective when it is signed by the authorized agent of each party. [why date after Settlement Agreement? What if not approved by the Town?] 18. If and to the extent that there are any conflicts between this Agreement, Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail, except as follows: [discuss and think about this]. 19. Building Envelope. Attached as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this _ day of 2013. ATTEST: P/1101/C/C/R2012 08.20.13 Page 3 TOWN OF GULFSTREAM, FLORIDA [TOWN SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY John C. Randolph, Town Attorney WITNESSES: Signature Print Name: Signature Print Name: P/1101/C/C/R2012 08.20.13 Page 4 MARTIN E. O'BOYLE Page 1 of 3 Rita Taylor From: Bill Thrasher Sent: Tuesday, August 20, 2013 10:27 AM To: Rita Taylor Subject: FW: Ring letter and enclosure regarding OBoyle Town of Gulf Stream [CroeM Journal- Projectfrask: 1101: Const: Construction Correspondence: 2012 Renovation] Attachments: DEVELOPMENT AGREEMENT 08.20.13.docx From: Baird, Thomas J. [mailto:TBaird@jonesfoster.com] Sent: Tuesday, August 20, 2013 9:44 AM To: Bill Thrasher Cc: Randolph, John C.; Green, Marilyn R. Subject: FW: Ring letter and enclosure regarding OBoyle Town of Gulf Stream [CroeM Journal-Project/Task: 1101:Const:Construction Correspondence: 2012 Renovation] Bill — attached is the Development agreement as revised by O'Boyle attorneys. It's ok except for some minor issues which I will work out today or tomorrow with his attorneys. We need to verify that the plans referenced in the DA as an exhibit are the same as those previously submitted to the town and denied. Also, we need a surveyor to look at the survey which shows the buildable lot area and verify the square footage. I also want to include in the DA a provision that states the lot can only have a 2 -story, single family home on it. Most importantly the town has to have 2 public hearings before September 24. A notice of the each public hearing has to be published 7 days in advance of each public hearing. I will work on a notice for you and send one later today. Marilyn — ask the Jupiter clerk's office or Valerie in PZ for the DDR notice in word so I can modify it for Gulf Stream JONESFOSTER NNI\ltMAM11M t& Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attomev Direct Dial: 561.650.8232 1 Fax: 561.746.6933 1 tbairr!Ronesfostencom Jones, Foster, Johnston & Stubbs, P. A. 801 Maplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www.lonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be 8/20/2013 Page 2 of 3 privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Brenda Russell [mailto:brussell(cbcommerce-arouD coml Sent: Tuesday, August 20, 2013 9:15 AM To: Baird, Thomas J. Cc: Marty O'Boyle; William Ring; Brenda Russell; Charlie L. Siemon Subject: RE: Ring letter and enclosure regarding OBoyle Town of Gulf Stream [CroeM Journal-Project/Task: 1101:Const:Construction Correspondence: 2012 Renovation] I AM SENDING THIS AT THE REQUEST OF BILL RING (he is travelling): Attached is a clean copy of the Development Agreement. In connection with whether or not the Agreement has to be recorded, Charlie Siemon told us it was not a requirement to record it. We will speak to Charlie about this. As for the other items in your E -Mail Bill will respond later today. Brenda A. Russell Executive Assistant Office of Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com From: Baird, Thomas J. [mailto:TBaird@ionesfoster.coml Sent: Tuesday, August 20, 2013 9:00 AM To: Brenda Russell Cc: Randolph, John C.; Marty O'Boyle; William Ring Subject: RE: Ring letter and enclosure regarding OBoyle Town of Gulf Stream [CroeM Journal-Project/Task: 1101: Const: Construction Correspondence: 2012 Renovation] Bill, please send a clean copy back to me. Per statute ( I will get you the cites) the Agreement has to be recorded, and the town must have 2 public hearings with notice published for each 7 days in advance. We will need to examine the survey and if the town does not already have them, the plans referred to as an exhibit. Skip or I will communicate with the town regarding public hearing dates and get back to you. 8/20/2013 Page 3 of 3 JONFSFOSTER riritwnt.xntvec r-� Thomas J. Baird Florida Bar Board Certified Cin-, Counn- and Local Govemment Attorney Direct Dial: 561.650.8232 1 Pas: 561.746.6933 1 tbairdpionesfoster.com Jones, Poster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www.ionesfoste-r.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Brenda Russell [mailto:brussell(Glcommerce-group coml Sent: Friday, August 16, 2013 5:41 PM To: Baird, Thomas J. Cc: Randolph, John C.; Marty O'Boyle; William Ring Subject: Ring letter and enclosure regarding OBoyle Town of Gulf Stream [CroeM Journal-Project/Task: 1101:Const:Construction Correspondence: 2012 Renovation] [CroeM Journal-Project/Task: 1101:Const:2012 RenovationConstruction Correspondence:2012 Renovation] [Sent To:Baird, Tom ; Randolph, John C.; O'Boyle, Martin E.; Ring, William] 8/20/2013 Page 1 of 4 Rita Taylor From: Bill Thrasher Sent: Friday, September 13, 2013 10:49 AM To: Rita Taylor Subject: FW: O'Boyle Development Agreement - Revised Ex. C From: Baird, Thomas J. (mailto:TBaird@jonesfoster.com] Sent: Friday, September 13, 2013 8:02 AM To: Randolph, John C.; Bill Thrasher Subject: RE: O'Boyle Development Agreement - Revised Ex. C I will be leaving Orlando about 11 today. I will try to call Bill Ring this morning before I leave. We have 2 hearings on this Agreement. I plan to discuss with Ring the use of a better Exhibit C because the one he has been using is upside down and difficult to read. I will also ask that setbacks be shown on the drawing for second reading. It would be much easier if the town could have its planning consultants prepare this Exhibit. If it is possible to get the base document from Ring today, the town's consultants could prepare it for the meeting. If not, the town's consultants should be engaged to prepare a new Exhibit C in time for the second hearing. JONESFOSTER Thomas J. Baird Florida Bar Board Certified City, County and Local GovemmentAttomey DirectDial: 561.650.8232 1 Fax: 561.746.6933 1 1b d(tlionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-:1, Jupiter, Florida 33458 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are fdtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited Please immediately notify us by email and delete the original message. From: Randolph, John C. Sent: Thursday, September 12, 2013 11:48 AM To: Baird, Thomas J. Subject: FW: O'Boyle Development Agreement - Revised Ex. C 9/13/2013 Page 2 of 4 Tom, Please see the attached from Bill Ring, wanting to make sure we had the correct exhibit. He does not have a larger exhibit and, as of now, he does not plan on attending the meeting. Do you have enough information to recommend approval of the Developer's Agreement and the exhibits to the Commission at its meeting tomorrow? I request that you handle this matter since you have been more actively involved in the formulation of the agreement. Thank you. JOHN C. RANDOLPH JONES FOSTER ti anti tui n s i t'nas, r.a. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph n ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite I loll, V est Palm Beach, Florida 33401 561-659-3000 www.ionesfostencom U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming ema8s are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notifc us by email and delete the original message. From: William Ring fmailto:wrino(alcommerce-aroup.com] Sent: Wednesday, September 11, 2013 5:09 PM To: Randolph, John C. Subject: FW: O'Boyle Development Agreement - Revised Ex. C Skip —just to make sure you have the correct exhibit —this is the one I emailed to Tom yesterday William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510(ph) 954-360-0807 (fax) 954-3284383 (cell) From: William Ring Sent: Tuesday, September 10, 2013 3:50 PM To: Baird, Thomas J. Cc: William Ring Subject: RE: O'Boyle Development Agreement - Revised Ex. C 9/13/2013 Page 3 of 4 Tom —we caught a mistake in Ex. C — see attached. The cross hatched area should go to the private road way easement as shown on the survey. I made the change on the attached. X11 William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510(ph) 954-360-0807 (fax) 954-3284383 (cell) From: Baird, Thomas J. rmailto:TBaird(a)ionesfoster.com] Sent: Tuesday, September 10, 2013 2:25 PM To: William Ring Subject: RE: O'Boyle Development Agreement Bill, Skip is in a meeting in Palm Beach which is likely to go on most of the day. He let me know that he wants to discuss this with me today so I am on hold for now. Again, on my end I believe your proposal addresses things, but he's the Town Attorney so I will get back to you ASAP. JONESPOSTER ttNLN 11M kS7VMS.l.A. Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney Direct Dial: 561.650.8232 1 Fax: 561.746.6933 1 tbairdRionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 rvfaplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www.ionesfnster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that maybe imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the ori¢inal message. From: William Ring [mailto•wring@commerce-group com] Sent: Monday, September 09, 2013 3:32 PM To: Baird, Thomas J. Cc: William Ring Subject: O'Boyle Development Agreement Tom 9/13/2013 Page 4 of 4 Following our conversation, attached: 1. Exhibit C to Development Agreement (no changes to what I first emailed to on 8/26/13). 1 email this again so it's convenient. 2. Development Agreement — last page— Modification to Paragraph 19 3. Settlement Agreement — Page 2 —clarification to Numbered paragraph 1 Addressing your concerns, I added the following to paragraph 19 of the Development Agreement: after the phrase Building Envelope "; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town." Continuing with that modification, I handwrote on paragraph 1 of the Settlement Agreement the following clarification: "The term "Improvement" as used in the Settlement Agreement shall also include future improvements to be constructed on the Property". Tom you had requested a 15' side setback. I made the change to 10' as I understand that 10' is the original setback that was in effect at the time the home was built in 1983. My thought is that we could just initial page 2 and slip it in the already executed Settlement Agreement. mm William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510(ph) 954-360-0807 (fax) 954-328-4383 (cell) 9/13/2013 Page 1 of 2 Rita Taylor From: Bill Thrasher Sent: Friday, September 13, 2013 10:49 AM To: Rita Taylor Subject: FW: O'Boyle Development Agreement Attachments: Development Agreement Paragrapgh 19 Modification..pdf, Settlement Agreement Paragraph 1 Modification. pdf From: Baird, Thomas J. [mailto:TBaird@jonesfoster.com] Sent: Friday, September 13, 2013 8:13 AM To: Bill Thrasher; Randolph, John C. Subject: FW: O'Boyle Development Agreement These are the documents I sent to you previously. As Ring's email explains he proposes to initial an amendment to the Settlement Agreement, and a modification to paragraph 19 of the DA. Because there are two hearings on the DA I believe we can more appropriately handle the amendment to the DA and Exhibit C (survey) before the next hearing. As for the Settlement Agreement, we could prepare an amendment, but if you all and the Commission are OK with initially any change to the Settlement Agreement I am. I really don't want to open that up for discussion again. We could simply have the Commission vote and the 2nd hearing to adopt the DA, and authorize the Mayor to execute the DA and initial the modification to the Settlement Agreement on behalf of the Town. JONESFOSTER Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney Direct Did: 561.650.8232 1 Fax: 561.746.6933 1 tbaird4ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-A, Jupiter, Morida 33458 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emads are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 9/13/2013 Page 2 of 2 Frain: William Ring [mailto:wring@commerce-group.com] Sent: Monday, September 09, 2013 3:32 PM To: Baird, Thomas 1. Cc: William Ring Subject: O'Boyle Development Agreement IbTPiF Following our conversation, attached: 1. Exhibit C to Development Agreement (no changes to what I first emailed to on 8/26/13). 1 email this again so it's convenient. 2. Development Agreement — last page — Modification to Paragraph 19 3. Settlement Agreement — Page 2 — clarification to Numbered paragraph 1 Addressing your concerns, I added the following to paragraph 19 of the Development Agreement: after the phrase Building Envelope "; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town." Continuing with that modification, I handwrote on paragraph 1 of the Settlement Agreement the following clarification: "The term "Improvement" as used in the Settlement Agreement shall also include future improvements to be constructed on the Property". Tom you had requested a 15' side setback. I made the change to 10' as I understand that 10' is the original setback that was in effect at the time the home was built in 1983. My thought is that we could just initial page 2 and slip it in the already executed Settlement Agreement. 7W William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) 9/13/2013 f) that the development, renovation or redevelopment of the Property shall not have more than one residence, which residence shall be a Single Family residence and which residence shall not exceed two stories. 10. Amendments. This Agreement may be amended by the mutual consent of the Town and Owner. 11. Exhibits. The Architectural/Site plan for the Property is attached hereto and incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached hereto as Exhibit B) shall be incorporated herein and be a part hereof. 12. Termination. This Agreement may be terminated upon the agreement of the parties. 13. Successors in Interest. This Agreement shall inure to the benefit of the parties successors and assigns, and shall run with the land. 14. Recording. In accordance with § 163.3239, Fla. Stat., this Agreement shall be recorded in the Official Public Records in and for Palm Beach County, Florida, within 14 days of its execution by the parties. 15. Governing Law. The laws of the State of Florida shall apply. Venue shall be in Palm Beach County, Florida. 16. Attorney Fees. In the event either of the parties must enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through the appellate level. 17. Effective Date. This Agreement shall become effective upon the recording of the Agreement by the parties. 18. Conflicts. If and to the extent that there are any conflicts between this Agreement, Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail. 19. Building Envelope Attached hereto and incorporated herein as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. P/1101/C/C/R2012 08.27.13 Page 3 5617370188 Fax 02:15:31 p.m. 07-26-2013 3/22 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafter the "Property") and the improvements on the Property (hereinafter the "Improvements"). In particular, Plaintiff, O'Boyle argues that the Town did not correctly apply its Code with respect to his request for Development Approval for, inter alia, a Level 3 Architectural/Site Plan (the Application) and such other permissions, approvals, interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. The seem "impruuemeNq 2. The Town recognizes that its interpretation of the Code, Including, without limitation, the current setback regulations established therein may not enable the Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, Including, without limitation, the home; or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is 4 4S vseo IN *he Sgtilemeni 4t6ememt Sh411 gl5t) InICWee -4i FLgQ_ 1 n1 PrOvCXnPn.'tS -Fo iJ2 Coti shvGtPD eN `ii,+ Pr DP2,ai . 2 Page 1 of 4 Rita Taylor From: Baird, Thomas J. [TBaird@jonesfoster.coml Sent: Wednesday, September 04, 2013 10:51 AM To: Rita Taylor; Bill Thrasher Cc: Randolph, John C. Subject: FW: Development Agreement - O'Boyle & Gulf Stream Rita - could you please email the Notice to Mr. Ring for me? Thanks. Bill — Please note that in my reply to Mr. Ring I requested he send me a copy of the Survey. JONESFOSTER Thomas J. Baird Florida Bar Board Certified City, Counts' and Local Government Attorney Direct Dial: 561.650.8232 1 Fax: 561.746.6933 1 tbairdPionesfoster.com )ones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emads are filtered which may delay receipt This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete die original message. From: William Ring [mailto:wring@commerce-group.com] Sent: Wednesday, September 04, 2013 10:44 AM To: Baird, Thomas J. Cc: William Ring; Ryan Witmer Subject: RE: Development Agreement - O'Boyle & Gulf Stream Tom: When you get a chance, please email to me a copy of the Notice that was in the paper, and when did it run and when is the first hearing and when is the second hearing. Thanks M William F. Ring Real Estate & Development 9/4/2013 Page 2 of 4 Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-3284383 (cell) From: Baird, Thomas J. rmailto:TBaird( ionesfoster.coml Sent: Tuesday, August 27, 2013 7:46 PM To: William Ring Cc: Baird, Thomas J.; charlie.siemon@gray-robinson.com Marty O'Boyle; Ryan Witmer; William Ring Subject: Re: Development Agreement - O'Boyle & Gulf Stream Thx, I will take care of things on my end tomorrow. I leave early Thursday for NC for the weekend. Sent from myiPhone On Aug 27, 2013, at 5:39 PM, "William Ring" <wringCdcommerce-group com> wrote: 1116,F I cleaned the document, made your changes, and changed footer to today's date. It's been signed and witnessed (copy attached). Original coming to you via UPS. Thanks for your work here. 7m William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510(ph) 954-360-0807 (fax) 954-328-4383 (cell) From: Baird, Thomas J. rmailto:TBairci ionesfoster.com] Sent: Tuesday, August 27, 2013 3:23 PM To: William Ring Cc: charlie.siemon@gray-robinson.com; Marty O'Boyle; Ryan Witmer Subject: RE: Development Agreement - O'Boyle & Gulf Stream Bill — good work. I too think we are there, but have one suggested editorial comment regarding paragraph #9. In 9 a) - eliminate the "i" at the beginning. Place the letter b) before the phrase which begins with "to issue (or cause to be issued).... Thereafter re -letter b) to c) and so forth. I approved the language for the Ad to be published this morning and it went to the Post for publication earlier this afternoon. I also prepared a Resolution for the Commission that approves the 9/4/2013 Page 3 of 4 Development Agreement. The Resolution will be on the Commission's agenda with the DA. <image001.jpg> Thomas J. Baird Florida Bar Board Certified Citv, COOnn' and Local Government Attorney Direct Dial: 561.650.8232 1 Fax: 561.746.6933 I tbairdQionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www: onesfostencom U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to die named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring fmailto:wring(@commerce-group co l Sent: Monday, August 26, 2013 6:05 PM To: Baird, Thomas J. Cc: charlie.siemonCalgrav-robinson com; Marty O'Boyle; Ryan Witmer; William Ring Subject: Development Agreement - O'Boyle & Gulf Stream Tom: Attached: 1. A redline version of the DA that you emailed to me on 8.23 at 10:45 am. I accepted all changes in your document, then made revisions per our conversation this afternoon. I also made an additional change to 9 (e). 2. Exhibit A —1 Application. This is the pdf version of the Application that I submitted on 1.15.13. 3. Exhibit A — 2 Plans. This is the pdf version of the plans that were submitted with the Application. 4. Exhibit B —The Settlement Agreement. Please note the Plans were not an exhibit to the Settlement Agreement (as we were discussing earlier). 5. Exhibit C — Building Envelope per the Settlement Agreement. Tom, I think we are there. Please review and let me know if you have any comments. Also, I think you should place your advertisements now. I see no reason to delay them any longer as we should be done with the DA very soon. 9/4/2013 I will let you know if Mr. O'Boyle or Mr. Siemon have any further comments. Thanks again for your work on this project. William F. Ring Vice President Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510(ph) 954-360-0807 (fax) 954-328-4383 (cell) From: Baird, Thomas J. f mailto:TBaird(c ionesfoster.comJ Sent: Monday, August 26, 2013 11:21 AM To: William Ring Subject: Development Agreement Upon further review, I have a DA I sent to you last week. I Thursday and Friday. Could this wrapped up? <image001.jpg> Page 4 of 4 couple of minor suggestions to the draft will be out of the office this week we speak today and see if we cannot get Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney Direct Dial: 561.650.8232 1 Pax: 561.746.6933 1 tbairdt7a,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 bfaplewood Drive, Suite 22-A, Jupiter, Florida 33458 561-659-3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. <img-827163 033-0001.pdfl 9/4/2013 FAX Cover Sheet TO: Attny. Randolph Phone: Fax Phone: 650-5300 Date: 9-15-13 Number of pages including cover sheet: 13 FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Rita Phone: 561-276-5116 Fax Phone: 561-737-0188 REMARKS: o As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP I'm a little confused about when O'Boyle's was built. Every thing I read and heard up to the hearing on Friday was that it was built in 1983. What I heard on Friday was 1981. Which is it? I sent you the 1983 Code. I am now including a part of the Code that includes a Supplement (114) adopted June 12, 1981 (Ord 1181=2). I am also enclosing part of Ord 1181-4 adopted Jan. 8, 1982. I hope some of this helps with O'Boyle matter. P.S. If you need to go back farther, I can go to at least 1952 but I don't think anyone around here ever heard of O'Boyle lack tom (lucky them) Originals to Fo ow y ai .` Yes No x CC: Fax Phone: Transmission Report DatelTime 09-15-2013 11: 12:30 a.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Confirmed (reduced sample and details below) Document size : 8.5"x14" I FAXC.sher3 1Dale: 9-15-13 INmnbaofpsgssirclud.gavver*m 13 U: FRUM: TavoaIGUIISn®m I Remote Station I00Bra Rmd I Duration Gldr&l .Fl. 33483 Artuy, Randolph Rite Ione: Phone: 561-276-5116 it Phone: 650-5300 Pall Phase: 563-737-0183 UXUARKS: OMRaam u toles o FYI a yo Yaur Rarity o Reply ASAP I'm a little confused about when O'Boyle's was built. Every thing I read and heard up to the hearing ce Friday was that it we built in 1983. What I hd on Friday vac 1981. which is itT I sent you the 1983 Co;:.de I as, now lotluding a part of the Code that include& a Supplement (14)adapted 3une 12, 1981 lord 181-2). I am else enclosing part of Ord 181-6 adopted 3®. B, 1982. I hope sem of this help. with O'Boyle matter. P.B. If you used to go back farther. I can go to at least1952 but don't think anyone around here aver heard of. O'Boyle Ongi.I. le rA5l lroyFnlm: Ykeeky them) No r CC: Pax Pllabe: Total Paqes Scanned: 13 Total Pages Confirmed : 13 No. lJob I Remote Station IStantTime I Duration I Pages I Line IMode jJobType I Results 001 1655 lJones Foster PA 11:02: 10 a.m. 09-15-2013 00:09:34 13/13 11 1 EC IHS ICP14400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print HR: Host receive PR: Polled remote RP: Report WS: Waiting send MS: Mallboxsave FF: Fax forward CP: Completed T5: Terminated by system FA: Fail G3: Group TU: Terminated by user EC: Error Correct SUPPLEMENT NO. 3 CODE OF ORDINANCES Town of GULF STREAM, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 81-2, enacted June 12, 1981. See Code Comparative Table, page 1473. Remove old pages xiii, xiv [ll 815 through 820 1309 1473 Index pages 1487,1488 1491 through 1494 1499, 1500 Insert new pages xiii, xiv [ll 815 through 825 1309 1473 Index pages 1487, 1488, 1488.1 1491 through 1494 1499, 1500 Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida August, 1981 Note—For checklist of up-to-date pages in Code, see page [ll following Table of Contents. APPENDIX A—ZONING ORDINANCE § II (2) In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map. (3) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (4) Where a District boundary line divides a lot in a single ownership at the time of the passage of this Ordinance, the Town Commission may, in its discretion, permit a use authorized in either portion of such lot to extend to the entire lot, but not more than twenty-five feet (25 ft.) beyond the boundary line of the district in which such use is authorized. (Ord. No. 135, § 1, 4-14-67; Ord. No. 73-1, § 1, 3-23-73; Ord. No. 81-4, § 2, 1-8-82) Section II. [Applicability.] Except as hereinafter provided: (A) No building shall be erected, reconstructed or struc- turally altered, nor shall any building or land be used which does not comply with all the district regulations established by this ordinance for the district in which the building or land is located. (B) The minimum yards and other open spaces, including the intensity of use provisions contained in this ordinance for each and every building hereafter erected, reconstructed or structurally altered, shall not be encroached upon or considered as a compliance with yard or open space requirements or intensity of use requirements for any other building or adjoining building. (C) Every building hereafter erected, reconstructed or structurally altered shall be located on a lot fronting on either a private or public street. Supp. No. 4 1137 § III GULF STREAM CODE Section III. "RS" residential single-family district. (A) Uses permitted shall be only the following: (1) Dwelling for occupancy by one family only. (2) Private nurseries or greenhouses. (3) Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business. (B) Building height limit. (1) No building shall exceed two and one-half (2/x) stories, or thirty-five (35) feet in height. (C) Minimum size of building required. (1) No main residence building shall be constructed or allowed with less than three thousand (3,000) square feet aggregate floor area. The minimum aggregate floor area is the total floor area of a building, exclusive of terrace, basements and unroofed areas, including twenty-five (25) per cent of at- tached garages and screened porches. Screened top patios are considered unroofed areas. An accessory structure including, but not limited to, cabanas, swimming pools, unattached garages, gazebos, shall be lo- cated on the same lot or parcel of land as that of the main residence building and shall be in conformity with the set- back requirement set forth herein. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. (D) Building site area required. (1) The minimum building site area shall be one lot or parcel of land twenty thousand (20,000) square feet in area for each single-family dwelling unit. (E) Front yard required. (1) There shall be a front yard not less than twenty-five (25) feet in depth or twenty-five (25) per cent of the lot depth, which - Supp. No.4 1138 APPENDIX A—ZONING ORDINANCE § III ever is greater, and with a width of not less than one hundred (100) feet fronting on a street, road, avenue or the Atlantic Ocean. Tracts of land fronting on Ocean Boulevard and ex- tending eastward to the Atlantic Ocean need only front one hundred (100) feet on the Atlantic Ocean, or one hundred (100) feet on Ocean Boulevard. Tracts of land fronting either on Ocean Boulevard or the Atlantic Ocean shall be required to have a landward setback twenty-five (25) feet from the construction setback line established by the Department of Natural Resources of the State of Florida. Notwithstanding these provisions, the setback distance along the AIA right- of-way shall be at least seventy-eight (78) feet from the cen- ter line of said right-of-way. (F) Side yard required. (1) There shall be side yards of not less than fifteen (15) feet or fifteen (15) per cent of the average footage of the lot width whichever is greater on each side of a building, including porches, projections, cornices and eaves. (2) Where any lot is located on any street intersection, or where two or more street linea outline any lot, or where any lot is located upon any comer, each side of the lot facing a street shall, for the purpose of determining set backs, be deemed to be the front of said lot. Provided, however, that this provision shall never be construed to require any building to be set back along any street a further distance than the average set backs along said street. (G) Rear yard required. (1) There shall be a rear yard having a depth of not less than fifteen (15) feet or fifteen (15) per cent of the average footage of the lot depth whichever is greater. (H) Walls and fences. (1) All walls or fences outside of building lines of the property shall not be over six feet (6 ft.) in height from the front street line back to the building line, and not more than six feet (6 ft.) in height from the building Supp. No. 4 1139 § III GULF STREAM CODE line to the rear easement line (but not lees than two and one-half feet (21/2) from the rear line), and no such wall or fence shall be constructed over such rear set back line; and provided, further, that in the event a wall or fence is erected on a corner lot, it shall not exceed six feet (6 ft.) in height, where the same is substantially parallel to any public street or highway. (I) Additional prouisions. (1) Any private school not being conducted on lands within the Town of Gulf Stream, Florida, classified as "RS" residential single-family district, may continue to be used as such under the provisions of Section VII hereof, provided, however, that any private school building, or other structure used in con- nection with and as a part of and appurtenant in the opera- tion and maintenance of such private school, may be replaced, repaired and maintained from time to time as shall be neces- sary for the effective operation and maintenance of such private school. (2) Nothing herein contained shall be deemed to prohibit the construction of an accessory building containing bedrooms with cooking and bath facilities, to be used in connection with and as a part of the main residence, and to be constructed within the building lines. Such accessory building shall be used only for occupancy of the legitimate non-paying guests of the owners of the main residence, or bona fide members of the family or servants. (3) No person shall use any portion of a building in "RS" resi- dential single-family district for the purpose of carrying on or practicing any profession, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this ordinance. (Ord. No. 68-1, § 1, 2-9-68; Ord. No. 74-3, § 2, 4-12-74; Ord. No. 81-4, § 3, 1-8-82) Section IIIA. "RM -1" limited multiple -family residential district. (A) Uses permitted: In this district, any building or land may be used for any use permitted in "RS" residential single-family district and "RM" multiple -family residential district. Supp. No. 4 1140 APPENDIX A—ZONING ORDINANCE § IV (B) Building height limit: Building height limit shall he two (2) stories and thirty-five (35) feet in height. (C) Minimum floor area: The minimum floor area shall be twelve hundred (1,200) square feet per apartment unit, exclusive of open porches. (D) Other requirements: Except as modified above, all require- ments and provisions pertaining to the "RS" residential single-family district and the "RM" multiple -family residential district shall apply. (Ord. No. 135, § 1, 4-14-67; Ord. No. 81-4, § 4,1-8-82) Section IV. "RM" multiple -family residential district. (A) Uses permitted: (1) Any use permitted in the "RS" residential single-family district. (2) Apartment houses. (3) Clubs. (4) Accessory buildings or structures and uses customarily inci- dent to any of the above uses, including private garage for motor vehicles when located on the same lot or parcel of land either by plat or a recorded unity of title, and not the con- duct of a business. (5) All land and buildings used by the Town of Gulf Stream and its government and services incidental thereto. (B) Building height limit: (1) For single-family dwellings the height shall not exceed two and one-half (21/2) stories, or thirty-five (35) feet. (2) Multiple -family structures shall not exceed four (4) stories to a maximum height of fifty (50) feet. (C) Front yard required. (1) There shall be a front yard of not less than fifty (50) feet in depth. On corner lots, both sides of the lots facing the street shall be deemed front yards. Notwithstanding these provi- sions, the setback distance along the AIA right-of-way shall be at least seventy-eight (78) feet from the center line of said right-of-way. Supp. No.4 1141 NO. 81-4 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING ORDINANCE NO. 108, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE TOWN; AMENDING THE DEFINITIONS SECTION BY DELETING THE DEFINITIONS AND REFERENCES TO FILLING STATIONS AND PUBLIC GARAGES AND SERVICE STATIONS; AMENDING THE DEFINITION OF CLUBS, AND BY INCLUDING DEFINITIONS FOR CARPORTS, RESIDENCE AND TIME-SHARING USES; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE APPRO- PRIATE ZONING DISTRICTS IN THE TOWN; AMENDING RESIDENCE DISTRICT "A" TO RESIDENTIAL SINGLE-FAMILY DISTRICT "RS" AND AMENDING CERTAIN OTHER PROVISIONS THEREUNDER INCLUDING SETBACK AND LOT SIZE REQUIREMENTS; BY AMENDING THE TITLE TO LIMITED APART14ENT DISTRICT "C" TO 11RM-1" LIMITED MULTI -FAMILY RESIDENTIAL DISTRICT; AMENDING APARTMENT AND RESIDENCE DISTRICT "C" TO "RM" MULTIPLE FAMILY RESIDENTIAL DISTRICT AND AMENDING CERTAIN REQUIREMENTS TIiEREUNDER INCLUDING LOT SIZE, SETBACKS AND HEIGHT; REPEALING A14D DELETING ANY REFERENCE TO BUSINESS DISTRICT; AMENDING OUTDOOR RECREATIONAL DISTRICT TO "OR" OUTDOOR RECREATIONAL DISTRICT; INCREASING THE MINIMUM BUILDING SITE AREA IN ALL ZONING CATEGORIES TO TWENTY THOUSAND (20,000 sq. ft.) SQUARE FEET; INCLUDING AS A PERMITTED USE IN THE "RM" DISTRICT ALL LAND AND BUILDINGS USED BY THE TOWN OF GULF STREAM AND ITS GOVERNMENT AND SERVICES INCIDENTAL THERETO; AMENDING THE REQUIREMENTS RELATING TO BUILDING PERMITS IN THE TOWN; A14ENDING REQUIRE- MENTS RELATING TO SIGNS IN THE TOWN; PROVIDING FOR THE PROHIBITION OF CARPORTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, as follows: Ordinance No. 108, as amended, known as the Zoning Ordinance of the Town of Gulf Stream is hereby amended as follows. Section 1. The Definitions section of the Ordinance is hereby amended as follows: A. To delete the definitions and references to filling station, public garage and service station. B. To amend the definition of "CLUBS" to read as follows: "Clubs - Organizations, which are privately owned and operated by their members and not operated for profit, which maintain recreational and athletic facilities for the exclusive use of its members and their guests and uses accessory or incidental thereto. C. To include the following definitions. 1. Residential Use: Use of land or structure(s) thereon, or portion thereof, for residential occupancy of a permanent or semi-permanent nature; but not including occupancy of a transient nature such as in hotels or time-sharing uses. 2. Time-sharing: The use of any unit under which the exclusive right of use, occupancy or possession of the unit circulates among various occupants in accordance with a fixed time schedule on a periodi- cally occurring basis for a period of time estab- lished by such schedule. Time-sharing uses are prohibited in all zoning districts within the Town. 3. Carports: A free standing covered area or a roofed area open on one, two or three sides and attached to a building, either of which is designed for the storage of one or more vehicles or boats. Section 2. Section 1 --"Districts and Boundaries Thereof" is hereby amended at Paragraph "A" to read as follows: (A) In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and determine the areas of open spaces within and surrounding buildings; and to classify, regulate and restrict the location of buildings designed for specified residential uses, the Town of Gulf Stream, Florida, is hereby divided into districts of which there shall be four (4) known as: a. "RS" --Residential Single -Family District. b. "RM" --Residential Multiple -Family District. C. "RM -1" --Limited Residential Multiple -Family District. d. "OR" --Outdoor Recreational District. The boundaries of the districts are shown upon the map accompanying this Ordinance and made a part thereof, and entitled "Zoning Map of the Town of Gulf Stream, Florida," which map shall be amended to conform to the districts referenced herein. The Zoning Map shall be a part of this Ordinance as if such information set forth on the map were fully described and set forth herein. The Zoning Map, properly attested by the members of the Town Commission signing this Ordinance, the signatures of the Mayor and the Town Clerk, and containing the corporate seal of the municipality, shall remain at all times on file in the office of the Town Clerk. 5042 Section 3. Section III --Residence District "A" is hereby amended as follows: A. The title of Residence District "A" shall be amended to read as follows: "Section III --"RS" Residential Single -Family District." B. Section III(A)(4) is hereby deleted as a permitted use. C. Section III(C)(1) is hereby amended to read as follows: "(C) Minimum Size of Building Required. (1) No main residence building shall be constructed or allowed with less than three thousand (3,000 sq. ft.) square feet aggregate floor area. The minimum aggregate floor area is the total floor area of a building, exclusive of terrace, basements and unroofed areas, including twenty-five (25%) percent of attached garages and screened porches. Screened top patios are considered unroofed areas. An accessory structure including, but not limited to, cabanas, swimming pools, unattached garages, gazebos, shall be located on the same lot or parcel of land as that of the main residence building and shall be in conformity with the setback requirement set forth herein. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. D. Section III(D)(1) is hereby amended to read as follows: "(D) Building Site Area Required. (1) The minimum building site area shall be one lot or parcel of land twenty thousand (20,000 sq. ft.) square feet in area for each single-family dwelling unit." E. Section III(E)(1) is hereby amended to read as follows: "(E) Front Yard Required. (1) There shall be a front yard not less than twenty-five (25 ft.) feet in depth or 25% of the lot depth, whichever is greater, and with a width of not less than one hundred (100 ft.) feet fronting on a street, road, avenue or the Atlantic Ocean. Tracts of land fronting on Ocean Boulevard and extending eastward to the Atlantic Ocean need only front one hundred (100 ft.) feet on the Atlantic Ocean, or one hundred feet on -3- Ocean Boulevard. Tracts of land fronting either on Ocean Boulevard or the Atlantic Ocean shall be required to have a landward setback twenty-five (25 ft.) feet from the construction setback line established by the Department of Natural Resources of the State of Florida. Notwithstanding these provisions, the setback distance along the AlA right-of-way shall be at least seventy- eight (78 ft.) feet from the center line of said right-of-way. F. Section III(F)(1) is hereby amended to read as follows: "(F) Side Yard Required. (1) There shall be side yards of not less than fifteen (15 ft.) feet or fifteen (15%) percent of the average footage of the lot width whichever is greater on each side of a building, including porches, projections, cornices and eaves." G. Section III(( -.)(1) is hereby amended to read as follows: "(G) Rear Yard Required. (1) There shall be a rear yard having a depth of not less than fifteen (15 ft.) feet or fifteen (150) percent of the average footage of the lot depth whichever is greater." H. Section III(I)(1) is hereby amended to read as follows: "Any private school now being conducted on lands within the Town of Gulf Stream, Florida, classified as "RS" --Residential Single -Family District, may continue to be used as such under the provisions of Section VII hereof, provided, however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private schoo: may be replaced, repaired and maintained from time to time as shall be necessary for the effective operation and maintenance of such private school." I. Section III(I)(3) is hereby amended to read as follows: "No person shall use any portion of a building in "RS" --Residential Single -Family District for the purpose of carrying on or practicing any profes- sion, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this Ordinance." J. Section III(I)(4) relating to golf courses and polo fields is hereby repealed and eliminated in its entirety Section 4. Section IIIA -Limited Apartment District "C" shall be amended to read as follows: A. The title of Limited Apartment District "C" shall be amended to read as follows: -4- A "Section IIIA - "RM -1 Limited Multiple -Family Residential District." B. Section :I1:LA(A) is hereby amended to read as follows: "Uses permitted: In this district, any building or land may be used for any use permitted in "RS" - Residential Single -Family District and "RM" - Multiple -Family Residential District. C. Section IIIA(D) is hereby amended to read as follows: "Other Requirements. Except as modified above, all requirements and provisions I' pertaining to the "RS" Residential Single - Family District and the "RM" Multiple - Family Residential District shall apply. i; Section 5. Section IV --Apartment and Residence District "C" is hereby amended as follows: A. The title to said Section IV is hereby amended to read as follows: "Section IV --"RM" Multiple-IPami.ly Residential District." B. Section IV(A) is hereby amended to read as follows: "(1) Any use permitted in the "RS" Residential Single -Family District." 11(5) All land and buildings used by the Town of Gulf Stream and its government and services incidental thereto." C. Section IV(A)(3) is hereby amended to read as follows: "(3) Clubs." is D. Section IV(B)(2) is amended to read as follows: i "Multiple family structures shall not exceed four stories to a maximum height of fifty (50 ft.) feet." i E. Section IV(C)(1) is hereby amended to read as follows: "(C) Front Yard Required. (1) There shall be a front yard of not less than fifty (50 ft.) feet in depth. On corner lots, both sides of the lots facing the street shall be deemed front yards. Notwithstanding these provisions, the setback distance along the AlA right-of-way shall be at least seventy- eight (78 ft.) feet from the center line of said right-of-way. P. Section IV(D)(1) shall be amended to read as follows: "(D) Side Yard Required: (1) There shall be side yards not less than twenty-five (25 ft.) feet from the adjoining lot line. -5- .%% i G. Section IV(E)(1) is hereby amended to read as follows: "(E) Rear Yard Required: (1) There ::hall be a rear yard of at least Lwenty-fivo (25 FL) feeL. H. Section IV(F)(1) is hereby amended to read as follows: I "(F) Building Site Area: (1) The minimum building site area shall be one lot or parcel of land twenty thousand I! (20,000 sq. ft.) square feet in area for one dwelling unit and for each one family resi- dential dwelling. For each additional �I dwelling unit in an apartment building with more than one (1) unit, five thousand (5,000 sq. ft.) square feet shall be added to the minimum lot size of twenty thousand Ii (20,000 sq. ft.) square feet. I. Section IV(F)(2) is hereby amended to read as follows: (2) The minimum lot dimensions comprising the building site area shall be as follows: (a) Front, 100 feet; (b) Width, 60 feet; (c) Depth, 100 feet; (d) Area (square feet) 20,000 square feet. J. Section IV(F)(3) is hereby amended to read as follows: P (3) Exceptions: (a) On Curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty (40%) per cent provided that the center line radius of the adjacent public street is one hundred (100 ft.) feet or kiless. (b) On lots or parcels of record, the frontages of which do not meet the required minimum of one hundred (100 ft.) feet and are not less than seventy-five (75 ft.) feet but contain the minimum lot area, two dwelling units shall be permitted and side yards shall be as provided for in the "RS" Residential Single -Family District." K. Section IV(F)(6) shall be amended to read as follows: "(6) Special exceptions: Single family residences will be permitted to obaserve the setbacks set forth for the "RS" Residential Single -Family District." L. Section IV(G) shall read as follows: "No person shall use any portion of a building in this district for the purpose of carrying on or practicing any profession, occupation -6- FAX Cover Sheet TO: Attny Randolph Phone: Fax Phone: 650-5300 Date: 9-12-13 (Number of pages including cover sheet: 27 FROM: Rita Phone: 561-276-5116 Fax Phone: 561-737-0188 IREMARKS: ❑As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP The enclosed came from the Zoning Ordinance dated 4-8-83. I didn't see anything about a maximum size but there are setbacks addressed. Originals to Follow by Mail: Yes CC: Fax Phone: No x Transmission Report Date/Time 09-12-2013 04:45:27 p.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 This document: Confirmed (reduced sample and details below) Document size : 8.5"x11 " Fax I FAX Covet sbeet IDete: 9-12-13 INumber ofpagn including cover shah 27 I A_cny Randolph e: hone: 650-5300 Rita Phone: 561-276-5116 Fat Phone: 561-737-0193 o As Requested Urgent o Fyl o Far YourRevieur o Reply ASAP The enclosed came Eram the Zoning Ordinance dated 4-8-83. I didn't seeanythingabout a maximum size but there are setbacks addressed. Originals to Follow by Mail: Yes CC: Fax Phone: Total Paaes Scanned: 27 Total Pane% roof lrmed• 17 No. IJob I Remote Station StartTime Duration Pages I Line Mode Job Type I Results 001 1634 lJones Foster PA 04:17:38 p.m. 09-12-2013 00:20:06 27/27 11 JEC IHS I C1440 Abbreviations: HS: Host send PL: Polled local MP: Mallbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct TOWN OF GULF STREAM, FLORIDA COMPREHENSIVE ZONING ORDINANCE ORDINANCE NO 83-1 PREPARED AND ADOPTED BY TOWN OF GULF STREAM TOWN COMMISSION APRIL 8, 1983 TOWN OF GULF STREAM, FLORIDA COMPREHENSIVE ZONING ORDINANCE SECTION I - TITLE A. This Ordinance shall be known as "Official Zoning Ordinance of the Town of Gulf Stream, Florida". SECTION II - PURPOSE, AUTHORITY A. The purpose of this Ordinance is to implement the Town of Gulf Stream Comprehensive Development Plan adopted in 1979, as amended in 1983, in conformance with the Local Government Comprehensive Planning Act of 1975; to specifically divide the Town into districts in accordance with the Comprehensive Development Plan; to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and to generally promote the health, safety, and welfare of present and future residents of the Town by: 1. Giving effect to the goals, objectives, and recommendations of the Town of Gulf Stream Comprehensive Development Plan. 2. Dividing the Town into districts according to the use of land, buildings, and the intensity of such use (including lot coverage and height), and surrounding open space. 3. Establishing regulations which protect and promote the public health, safety, and general welfare of the people by providing standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts. 4. Controlling and regulating the growth of the Town concentrating development in areas where adequate community facilities can be provided, and limiting development in areas where these facilities are not and should not be provided. 5. Regulating and restricting the location and use of buildings, structures, and land for residential and other uses. Page -1- 6. Lessening the danger and congestion of traffic on the streets and highways. 7. Securing safety from fire, panic, flood, and other dangers. 8. Providing adequate privacy, light, and air. 9. Protecting the tax base by facilitating cost and value effective development and the most appropriate use of land within the Town. 10. Conserving the values of property throughout the Town. 11. Preventing the overcrowding of land, and protecting landowners from adverse impacts on adjoining developments. B. The Charter of the Town of Gulf Stream, created by Chapter 22.306, Laws of Florida, Special Acts of 1943, and adoption of Ordinance No. 108, May 17, 1952, provides that the Town Commission shall have the authority to adopt such ordinances as are deemed necessary or advisable for good government and _ general welfare of the Town. SECTION III - JURISDICTION A. The rules, regulations, and requirements contained herein apply to all properties and lands within the corporate limits of the Town of Gulf Stream, Florida, as they exist now or as they may be legally altered. SECTION IV - DEFINITIONS A. For the purpose of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section. All words used in the present tense include the future; all words in the singular number include the plural and the plural the singular; the word "building" includes the word "structure"; the word "shall" is mandatory and the word "person" includes a firm, corporation or municipal corporation as well as a natural person. The word "map" shall mean the "Official Zoning Map of the Town of Gulf Stream". The terms "Commission" shall mean the Commission of the Town of Gulf Stream and the word "Town" shall mean the Town of Gulf Stream, a municipal corporation of the State of Florida. The word "Used" shall be deemed to include the words "arranged", "designed" or "intended to be used", and the word "occupied" shall be deemed to include Page -2- the words "arranged", "designed" or "intended to be occupied". Any word or term not interpreted or defined by this SECTION shall be used with a meaning of common or standard utilization. 1. Abutting. Having a common border with, or being separated from such common border by, an alley or easement. 2. Access. The principal means of ingress and egress to property from a publicly dedicated right-of-way. 3. Accessory Building Structure or Use. A building, structure, or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building, structure, or use. 4. Acre, Net. See Net Acre/Net Land Area. 5. Adjacent. That which lies near or close to, not widely separated or necessarily touching. 6. Adjoining. That which is joined or united, actually touching. 7. Alley. A dedicated public right-of-way other than a street which provides only a secondary means of access to abutting property, is not over twenty (20') feet in width and is not intended for general traffic circulation. 8. Alterations. As applied to a building or structure, a change or rearrangement in the structural parts of the existing facilities, or an enlargement, whether by extending on a side, or by increasing the height, or the moving from one location or position to another. 9. Apartment. See Dwelling, Multiple -Family. 10. Appeal. A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this Ordinance. 11. Area of Special Flood Hazard. The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. 12. Awning. Any movable rooflike structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit its being readily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. Page -3- 13. Base Flood. The flood having a one percent chance i of being equalled or exceeded in any given year. 14. Base Flood Elevation. The height above mean sea level expected to be reached by the one -hundred (100) year flood. 15. Basement. That portion of a building, the ceiling r of which is entirely below grade or less than four (4') feet six (6") inches above grade. A basement is not considered a story with regards to the height measurement of a building. A basement is designed for, adapted to, and used solely for the purpose of auto storage, heating and other utility purposes for the main building with no entrances to said basement on the street side and the exterior appearance of such basement conforming to the general architecture of the building. 16. Bedroom. A room other than a kitchen, dining room, living room, bathroom, or closet, which is marketed, designed, or otherwise likely to function primarily for sleeping. 17. Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines, or shore lines of waterways, or corporate boundary lines of the Town. 18. Breakaway Walls. Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material, which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. 19. Breezeway. A roofed, open -sided passageway connecting two separate stuctures, or two separate portions of the same structure. 20. Buildable Area. The portion of a lot remaining after required setbacks have been provided. 21. Building. Any structure built for the shelter, support or enclosure of persons, animals, chattels or movable property of any kind; and, when separated by division walls without opening from the ground up, each portion of such structure shall be deemed a separate building, and for the purpose of this Ordinance, all porches, projections, cornices and eaves shall be deemed and considered a part of a building. Page -4- 22. Building, Detached. A building having no party walls in common with another building. 23. Building Front. That exterior wall of a building which faces a front lot line of the lot. 24. Building Height. The vertical distance measured from the point of first floor base flood elevation of the building site to the highest finished roof structure including any roof -top super -structure or appurtenance. 25. Building Line. A line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this Ordinance. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this Ordinance. 26. Building Official. That person who is designated by the Town Commission and is charged with the responsibility of enforcing and administering the various land and building regulations of the Town of Gulf Stream. 27. Building Permit. The document or certificate issued by the Town Building Official or other designated official which verifies adherance to all applicable development regulations and gives permission to the permit applicant to proceed with the actions for which the permit was requested. 28. Building Principal. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. 29. Building Site. A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. 30. Bulk. The term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines. 31. Carport. A freestanding covered area or a roofed area open on one, two (2) or three (3) sides and attached to a building, either of which is designed for the storage of one or more vehicles or boats. 32. Certificate of Occupancy. Official certification that a premise conforms to provisions of the zoning ordinance (and building code) and may be used or Page -5- Page -G- I r occupied. Such a certificate is granted for new construction or for alteration or additions to existing I structures. Unless such a certificate is issued, a structure cannot be occupied. 33. Charter. The document issued to the Town of Gulf Stream and established pursuant to the applicable Laws of Florida creating the Town as a public corporation and defining its privileges, purposes, powers and duties. 34. Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. 35. Club. An organization, which is privately owned and operated by its members and not operated for profit, which maintains recreational and/or athletic facilities for the exclusive use of its members and their guests and uses accessory or incidental thereto. 36. Coastal High Hazard Area. The area subject to high velocity waters, including, but not limited to, hurricane wave wash or tsunami. The area is designated on a FIRM as zone V1-30. 37. Coastal Sand Dune Preservation. The preservation of f ■ coastal beach and its vegetation line through the protection of beach sand dunes from removal, alteration or disturbance in any manner whatsoever. This is , accomplished in the Town by "Palm Beach County Coastal Construction and Excavation Setback Ordinance No. 72-12", and the Construction Control Line established by , the State of Florida Bureau of Beaches and Shores, which ordinance or its successor shall prevail in the absence of a conflicting Town ordinance. , 38. Commercial Vehicle. Any vehicle of any nature which is used for hire or for profit. ' 39. Common Area. The total area not designed for rental —or to by tenants and which is available for common use by all tenants or groups of tenants and their ' invitees, including such areas as parking lots and their appurtenances, malls, sidewalks, landscaped areas, public restrooms, truck and service facilities, etc. , 40. Comprehensive Development Plan. The composite of the Town Comprehensive Development Plan, all accompanying maps, charts, and explanatory material adopted by the Town Commission, and all amendments thereto, all in accordance with the State of Florida Page -G- I Local Government Comprehensive Planning Act of 1975. 41. Corner Lot. See Lot, Corner. 42. Cornice. The horizontal projecting part of the roof crowning the wall of a building. The puncture which connects a vertical wall to the horizontal portion of the roof at the roof line. 43. Court. An open, unoccupied space on the same lot, and fully enclosed on at least three (3) adjacent sides by walls of the buildings. An outer court is any court facing for its full required width on a street, or on any other required open space not a court. An inner court is any other required court. 44. Coverage, Ground. See Lot Coverage. 45. Curb Level. The level of the established curb in front of such building mesured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level." 46. Curb Cut. An indentation or depression through or into a raised curb forming a driveway or walkway. 47. Dedication. The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee -simple interest or of a less than fee interest, including an easement. 48. Density. The relationship between the number of existing or proposed amount of dwelling units on a specific land area, expressed in terms of the ratio of the number of units in relation to the net land area included within the building site. 49. Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 50. District. A contiguous area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements, and height limitations. (See also, Zone). 51. Dock. A fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels either temporarily or indefinitely, or for a finite period. Page -7- 52. Drainage. The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water -supply preservation or prevention or alleviation of flooding. 53. Driveway. That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. 54. Dual Front. A building designed or constructed so as to present the appearance of having two (2) fronts. 55. Duplex. A building designed to accommodate two (2) families living independently of each other. The building will have two (2) addresses, kitchens, electric and water meters. 56. Dwelling. Any building or structure designed exclusively for residential occupancy. It shall be deemed and construed to include both the main portion of such structure and all projections therefrom, such as windows, bays, exterior chimneys, covered porches, or porticoes, including any garages incorporated within or forming a part thereof, but shall not include the eaves of such structures, nor any open patio, nor any uncovered porch, stoop or steps. A dwelling may be designed and built for the use of one family, or multiple family occupancy, but it does not include a hotel, club, motel, boarding or lodging house, or automobile, mobile home, or any recreational vehicle whether such trailer or vehicle is mobile or located in a stationary fashion on blocks or other foundation. 57. Dwelling, Attached. One which is ,joined to another dwelling at one or more sides by a party wall or walls. 58. Dwelling, Detached. One which is entirely surrounded by open space on the same lot. 59. Dwelling Multiple -Family. A building or portion thereof used for occupancy by three or more families living independently of each other, and doing their own cooking in the building. 60. Dwelling, Single -Family. A building designed for or occupied exclusively by one family. 61. Dwelling, Two -Family. See Duplex. 62. Dwelling Unit. One (1) or more rooms in a Page -8- i 1 1 1 1 I I 1 1 1 1 I i I I I I I 69. Flood Insurance Study. The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base floor. 70. Floor Area, Minimum. The area of the floor measured from the outside of the exterior walls to the centerline of dividing walls; not to include garages, carports, open porches, open breezeways, or store rooms, or screened -in porches, or basements. 71. Frontage. All the property on one side of a street or place between two intersecting streets or places Page -9- residential building or residential portion of a building, which are arranged, designed, used or intended for family purposes and which include lawful cooking space and lawful sanitary facilities reserved for the use of the single family occupants thereof. 63. Easement. Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property. 64. Erect. To build, construct, attach, hang, place, suspend, or affix, and shall also include the attachment of wall signs. 65. Family. One (1) or more persons related by blood, marriage, adoption, or guardianship, or not more than three (3) persons not so related, occupying a dwelling unit and living as a single housekeeping unit in a dwelling. 66. Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland or tidal waters; b. the unusual and rapid accumulation or runoff of surface waters from any source. 67. Flood Hazard Boundary Map (FHBP). An official map of a commuity, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as Zone A. 68. Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 69. Flood Insurance Study. The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base floor. 70. Floor Area, Minimum. The area of the floor measured from the outside of the exterior walls to the centerline of dividing walls; not to include garages, carports, open porches, open breezeways, or store rooms, or screened -in porches, or basements. 71. Frontage. All the property on one side of a street or place between two intersecting streets or places Page -9- measured along the line of the street or place, or if the street or place is dead ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place. 72. Garage. A building or space used as an accessory to or a part of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. ,73. Grade. a. For buildings adjoining one (1) street, the elevations of the sidewalk at the center of the wall adjoining the street. b. For buildings adjoining more than one (1) street, the average of the elevations of the sidewalk at the centers of all walls adjoining streets. C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. 74. Ground Coverage. See Lot Coverage. 7S. Guest House. An accessory building used exclusively for housing members of the family occupying the principal dwelling or their non-paying guests. The guest house shall not occupy more than one -twentieth (1/20) of the lot (but not to exceed seven hundred (700) square feet of land area) on which it is situated, and shall comply with the zoning district regulations applicable for the principal building. 76. Habitable Floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". 77. Height, of Building. 78. Height of Structure. See Building Height. See Structure Height. 79. Improvement. Any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment. 80. Incompatible Use. A use which is incapable of existing in harmony with other uses situated in its immediate vicinity. Page -10- 1 F7 L 1 I I I I 9 9 Page -11- 81. Lot. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and provide the required setbacks and other open space as are herein required. Such lot shall have frontage on an improved public street or on an approved private street. 82. Lot -Corner. A lot located at the intersection of two (2) or more streets. 83. Lot Coverage. That portion of the area of a lot, plot, or building site, expressed as a percentage, occupied by all buildings or structures which are roofed or are otherwise covered, exclusive of its eaves, and any portion of such building covered by a roof which qualified as open space or any covered terrace, balcony, breezeway or porch or portion thereof not included in the floor area of a building shall be included in lot coverage. For example, a lot containing twenty thousand (20,000) square feet has principal and accessory buildings planned or existing whose area is five thousand (5,000) square feet; thus lot coverage is twenty-five (25) percent. Unscreened patios or swimming pools shall not be considered in computing lot coverage. Screened -in pools or patios shall be considered in computing lot coverage, but shall be computed as only fifty (50) percent of their actual coverage. 84. Lot -Depth. The distance measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite main rear line of the lot. 85. Lot -Double Frontage. A lot other than a corner lot having frontage on two (2) -intersecting non streets. 86. Lot -Interior. A lot other than a corner lot with frontage on one (1) street only. 87. Lot of Record. A lot which is part of a subdivision recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, Florida. 88. Lot -Reversed Frontage. A lot on which the frontage is at right angles, or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot. 89. Lot -Through. A lot other than a corner lot with frontage on more than one (1) street. Through -lots are also referred to as double frontage lots. 9 9 Page -11- 90. Lot -Width. The mean horizontal distance between the side lines of the lot measured at right angles to the depth. 91. Lot Types. The diagram which follows illustrates terminology used in this Ordinance with reference to corner lots, double frontage lots, interior lots, reversed frontage lots, and through lots: a. "A" is a corner lot. b. "B" is an interior lot. C. "C" is a through lot. d. "D" is a reversed frongage lot. A reversed frontage lot may also be a corner lot (A -D), an interior lot (B -D), or a through lot (C -D). 92. Main Building. See Building, Principal. 93. Mangrove Stand. An assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black mangrove (Avicennia Nitida); red mangrove (Rhizophora Mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta). 94. Man, Official Zoning. The graphic document bearing the official seal and signature of the Town of Gulf Stream, which depicts the geographic location of zoning districts, is formally adopted as a part of this Page -12- IPage -13- Ordinance, and is referred to as the Town of Gulf Stream Official Zoning Map. 95. Mean Sea Level. The average height of the sea for all stages of the tide. 96. Multiple Family Dwelling. See Dwelling, Multiple. 97. Net Acre, or Net Land Area. The total land area of a building site, exclusive of all public rights-of-way, easements, submerged lands, or any lands deemed by a government agency as unsuitable or inappropriate for development. 98. New Construction. Structures for which the "start of construction" commenced on or after the effective date of this Ordinance. 99. Non -Conforming Use. A use that does not conform with the regulations of the use district in which it is situated. 100. Occupancy. Pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors. 101. Off -Street Parking. The minimum off-street, on-site parking of vehicles which shall be provided under the appropriate terms of this Ordinance. 102. On -Site. Located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole. 103. Open Space. An exterior open area clear from the ground upward which is devoid of any principal building, accessory structures, and impervious areas, except however those buildings and structures used exclusively for recreational purposes. 104. Open Space - Common. Any open spaces under common ownership and control. 105. Parking Area. The total area devoted to the parking and maneuvering of vehicles. 106. Parking Lot. An open area which is used for the parking or storage of automobiles. 107. Parking Space. A surfaced area, enclosed or unenclosed, which is sufficient in size to park one (1) automobile, together with a driveway connecting the IPage -13- parking space with a street or alley and permitting ingress and egress of an automobile. 108. Plat. A map depicting the division or subdivision of land into lots, blocks, parcels, tracts, or other portions thereof which are prepared in accordance with this and other applicable ordinances. 109. Plot. A parcel lot upon which a have been or may I of ground containing more than one building and its accessory buildings be erected. 110. Porch, Open. A roofed open structure projecting from the outside wall of a building without window sash or any other form of permanent enclosure. 111. Premises. Land and all buildings and structures thereon. 112. Principal Building. See Building, Principal. 113. Principal Use. See Use, Principal. 114. Public Agency. Any government or governmental agency, board, commission, authority or public body of the Town of Gulf Stream, Palm Beach County, State of Florida, of the United States Government, or any legally constituted district. 115. Public Building. Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the reality upon which it is situated. 116. Public Improvement. Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services. 117. Public Use. The use of any land, water, or building by a public agency for the general public. 118. Public Utility. Includes any publicly or privately owned utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone lines, whether underground or overhead. 119. Record Lot. See Lot of Record. Page -14- I I I I I I I I I I I I 1 1 1 I I J I 7 u Ji J 7 120. Recreational Vehicle. A vehicular type unit primarily designed for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home, boats, all terrain vehicles (ATV's). 121. Residence. See Dwelling. 122. Residential Use. Use of land or structure(s) thereon, or portion thereof, for residential occupancy of a permanent or semipermanent nature; but not including occupancy of a transient nature such as in hotels or time-sharing uses. 123. Restrictive. More (Less). A regulation imposed by this Ordinance is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications. 124. Right -Of -Way. A street, alley or other thoroughfare or easement, whether physically accessible or not, which has been permanently established or dedicated for the passage of persons or vehicles. Title to this land remains with the public until the need no longer exists and is thereby abandoned. 125. Sand Dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. 126. Screening (Concealing). A structure of metal, masonry, wood, landscape planting or other suitable opaque material, for the purpose of totally concealing from view those areas so screened. 127. Setback. The horizontal distance between the frontline, sideline, or rearline of the building site to the front, side or rear of the building or structure respectively. Setbacks shall be measured perpendicular to and parallel with property or right-of-way lines. 128. Setback, Centerline. See Street Centerline Setback. 129. Sign. Any advertisement, announcement, direction, or communication produced in whole or in part by the construction, erection, affixing, or placing of a structure on any land or water or on any other structure, or produced by attaching on or posting or placing any printed, lettered, pictured, figured, or colored material on any building, structure, or surface. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest shall not be included herein, nor shall Page -15- this include signs which are a part of the architectural design of a building. Every sign, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, and street clock, shall include any announcement, declaration, demonstation, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public are included in this definition. 130. Single Familv Dwelling. See Dwelling, Single Family. 131. Site or Development Plan. A graphic and informative representation of a specific design solution for an I entire project or development phase thereof, which meets the requirements and conditions of the applicable Sections of this Ordinance. 132. Special Exception. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to I number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, I prosperity, or the general welfare of the district and the community. Such uses may be permitted in such zoning district as special exceptions, only if specific Provision for such special exceptions is made in the Ordinance. 133. Start of Construction. The first placement of ' Permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a ' structure. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does I it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. I For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof ' on its piling or foundation. 134. Story. That portion of a building included between the surface of any floor and the surface of the next ' floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. In computing the height of buildings, the height of basements shall not be included. Page -16- i 135. Story, Half. A story under a gabled, hipped or gambrel roof the wall plates of which on at least two (2) opposite exterior walls are not more than three (3') feet above the finished floor of such story. 136. Street. Any public or private thoroughfare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. 137. Street Centerline. The line midway between the street right-of-way linea of the surveyed and platted centerline of a street which may or may not be the line midway between the existing right-of-way lines or pavement. 138. Street Centerline Setback. The minimum distance measured from the street centerline required for the preservation of existing right -o£ -way and future right-of-way expansion. 139. Street Line. The line between the street and abutting property also referred to as right-of-way line. 140. Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure "or shall be construed as if followed by the words part Of.,. 141. Structure, Accessory. See Accessory Structure. 142. Structure Height. The vertical distance measured from the point of base flood elevation to the highest point of a structure. For a roof -top superstructure, height shall be measured from the highest point of the roof to the highest point of such structure. 143. Structural Alterations. Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, excepting such repairs or replacements as may be required for the safety of the building. 144. Structural Trim. The molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the structure. 145. Subdivision. The division or separation of a parcel of land into two (2) or more lots or parcels by means of mapping, platting, conveyance, change or rearrangement Page -17- of boundaries. All subdivisions are also developments and shall be in conformance with Subdivisions Regulations of the Town of Gulf Stream Code of Ordinances. 146. Submerged Lands. Lands lying in or below the public waters of the state waterward of the mean high water line. For the purpose of this definition, the mean high water line shall be the intersection of the shore with the tidal plane of the average height of the high waters over a nineteen -year period, or for shorter periods of observation, the average height of the high waters after corrections are applied to eliminate known variations and to produce the result of the equivalent of a mean nineteen -year value. Alternatively, mean high water may mean the average height of the high waters as established and accepted by the U.S. Army Corps of Engineers. 147. Substantial Improvement. For a structure built prior to the enactment of this article, any repair, reconstruction, or improvement of a structure, the coat of which equals or exceeds fifty percent of the market value of the structure either: 1. before the improvement or repair is started, or 2. if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition ..substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2. any alteration of a Register of Historic Historic Places. I I I I I I I 1 1 structure listed on the National Places or a State Inventory of ' 148. Swimming Pool. Any structure designed for swimming, wading or other aquatic recreational purposes, capable of containing a body of water eighteen (18") inches or more in depth and forty (40) square feet or more of water surface area, and top edge of pool not to exceed two (2') feet above average finished grade. Page -18- 1 I I 149. Temporary Use. See Use, Temporary. 150. Time -Sharing. The use of any unit under which the exclusive right of use, occupancy or possession of the unit circulates among various occupants in accordance with a fixed time schedule on a periodically occurring basis for a period of time established by such schedule. 151. Two -Family Dwelling. See Duplex. 152. Unity of Title. A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, stipulating that a lot, lots, or parcels of land shall be held under single ownership, shall not be eligible for further subdivision, and shall not be transferred, conveyed, sold, or divided, in any unit other than in its entirety. 153. Use, Accessory. An accessory use is one which (1) is subordinate to and serves a principal structure or a principal use, (2) is subordinate in area, extent, and purpose to the principal structure or use served, (3) is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Ordinance, and (4) is customarily incidental to the principal structure or use. 154. Use, Principal. The specific primary purpose or function for which land is used. 155. Use, Residential. See Residential Use. 156. Use, Temporary. A temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure. 157. Variance. A variance is a deviation from the district requirements of the Zoning Ordinance, which is granted by the Town Commission sitting as the Zoning Board of Adjustment; where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the physical characteristics of that particular property and not the result of the actions of the owner, agent, or applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. 158. Vehicle. Any self-propelled conveyance designed for and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any Page -19- substance, and shall include passenger cars, trucks, buses, motorcycles, and scooters, and recreational vehicles. 159. Yards. The unoccupied and unobstructed open spaces on the same lot with the main building which extend from the ground upward. a. Front yard. The open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the principal building. b. Rear Yard. The open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the principal building. C. Side Yard. The open space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the principal building. 160. Zone. The area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits, and other requirements are established, all of the foregoing being identical for the zone in which they apply. (See also, District). 161. Zoning Ordinance. The term Zoning Ordinance shall refer to the Town of Gulf Stream, Florida, Comprehensive Zoning Ordinance and further known by short title as the Official Zoning Ordinance of the Town of Gulf Stream, Florida. Page -20- N 0 I other lines, such lines shall be construed to be such boundaries. 2. In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map. 3. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. SECTION VI - APPLICABILITY Except as hereinafter provided: A. No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regulations established by this Ordinance for the district in which the building or land is located. B. The minimum yards and other open spaces, including the intensity of use provisions contained in this Ordinance for each and every building hereafter erected, reconstructed or structurally altered, shall not be encroached upon or considered as a compliance with yard or open space requirements or intensity of use requirements for any other building or adjoining building. C. Every building hereafter erected, reconstructed or structurally altered shall be located on a lot fronting on either a private or public street. SECTION VII - "RS" RESIDENTIAL SINGLE-FAMILY DISTRICT A. Purpose of District. 1. It is the purpose and intent of this District to provide i lands within the Town for single family residential uses ■ of the lowest population density, consisting of no more than one (1) dwelling unit per any platted lot. Density shall not exceed 2.1 dwelling units per net acre or net land area based on a minimum twenty thousand (20,000) square foot lot size. This District recognizes the need to provide areas within which the traditional single family residence can thrive and can be protected from the more intense activities of other land uses so as to establish and preserve quiet single family home neighborhoods as desired by large numbers of people, Page -22- I I 7 free from other uses except those which are both compatible with and convenient to the residents of such a district. B. Permitted Uses. 1. Single Family Dwellings. C. Accessory Uses. 1. Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, utility buildings, gazebos, guest houses, and any other similar uses. D. Special Exceptions. E. Prohibited Uses. 1. No person shall use any portion of a building in this district for the purpose of carrying on or practicing any profession, business, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this Ordinance. 2. Time Sharing Uses. 1. Temporary use of a construction trailer, as a temporary accessory use only during construction or 1. Where a lot is occupied by a single family residential pre -construction phases. Said temporary use shall be parking permitted only by approval of the Town Commission for a period of six (G) months, with renewable terms, shall dwelling unit for the resident or occupant. not exceed five hundred (500) square feet, and shall be addition to removed prior to the issuance of a certificate of occupancy for the development or construction upon which 1. No building or structure shall exceed two and the temporary use is located. (2 1/2) stories, or thirty-five (35') feet in E. Prohibited Uses. 1. No person shall use any portion of a building in this district for the purpose of carrying on or practicing any profession, business, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this Ordinance. 2. Time Sharing Uses. 3. Any other use not specifically permitted. F. Parking Regulations. 1. Where a lot is occupied by a single family residential dwelling, there shall be provided accessible parking space on the lot or land parcel, enclosed garage area, adequate to accommodate two (2) cars for each one dwelling unit for the resident or occupant. Unenclosed or outdoor guest parking may be permitted in addition to the required resident spaces. G. Building or Structure Height Limit. 1. No building or structure shall exceed two and one-half (2 1/2) stories, or thirty-five (35') feet in height. Said height shall be measured from the point of first floor base flood elevation. Page -23- H. Minimum Size of Building Required. 1. No main residence building shall be constructed or allowed with less than three thousand (3,000) square feet aggregate floor area. The minimum aggregate floor area is the total floor area of a building, exclusive of terrace, basements, and unroofed areas, including twenty-five (25x) percent of attached garages and screened porches. Screened top patios are considered unroofed areas. 2. An accessory structure including, but not limited to, cabanas, enclosed swimming pools, unattached garages, and gazebos, shall be located on the same lot or parcel of land as that of the main residence building and shall be in conformity with the setback requirement set forth herein. Unenclosed swimming pools may be located at fifteen (15') feet from the property line. 3. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. I. Building Site Area Required. 1. The minimum net land area shall be one lot or parcel of land twenty thousand (20,000) square feet in area for each single-family dwelling unit. J. Front Yard Required. 1. There shall be a front yard not less than twenty-five (25') feet in depth or twenty-five (25x) percent of the lot depth, whichever is greater, and with a width of not less than one hundred (100') feet fronting on a street, road, avenue or the Atlantic Ocean. Tracts of land fronting on Ocean Boulevard or the Atlantic Ocean shall be in conformance with all of the provisions of the "Palm Beach County Coastal Construction and Excavation Setback Ordinance No. 72-12" and the Construction Control Line established by the State of Florida Bureau of Beaches and Shores, which ordinance or its successor shall prevail in the absence of a conflicting Town ordinance. Notwithstanding these provisions, the setback distance along the A1A right -o£ -way shall be at least seventy-eight (78') feet from the center line of said right-of-way. K. Side Yard Required. 1. There shall be side yards of not less than fifteen (15') Page -24- 1 1 1 1 I 1 C 1 I 7 L I feet or fifteen (15x) percent of the average footage of the lot width whichever is greater on each side of a building, including porches, projections, cornices and eaves. 2. Where any lot is located on any street intersection, or where two or more street lines outline any lot, or where any lot is located upon any corner, each side of the lot facing a street shall, for the purpose of determining setbacks, be deemed to be the front of said lot. Provided, however, that this provision shall never be construed to require any building to be set back along any street a"further distance than the average setbacks along said street. L. Rear Yard Required. 1. There shall be a rear yard having a depth of not less than fifteen (15') feet or fifteen (15x) percent of the average footage of the lot depth whichever is greater. M. Walls, Fences, and Hedges. 1. All walls or fences outside of building lines of the property shall not be over eight (8') feet in height. No height limitation is placed on hedges. However, in the event that a wall, fence, or hedge is erected or located on a corner lot, a vehicular and pedestrian visibility triangle shall be provided for a minimum distance of ten (10') feet in both directions from the intersecting corner point of property lines. The maximum height of any wall, fence, or hedge within said visibility triangle shall be two and one-half (2 1/2') feet. 2. For the purpose of preserving and maximizing waterfront views from all properties or lots within the Town which abut the Atlantic Ocean, the Intracoastal Waterway, any canal, cove, or other similar waterbody, a fence, hedge, or wall placed or erected along any side property line shall not exceed four (4') feet in height within the established setback area which immediately abuts and is parallel to said water body. N. Additional Provisions. 1. Any private school now being conducted on lands within the Town of Gulf Stream, Florida, classified as "RS" residential single-family district, may continue to be used as such under the provisions of Section XI hereof, provided, however, that any private school building, or other structure used in connection with and as a part of and appurtenant in the operation and maintenance of such private school, may be replaced, or another building Page -25- I substituted in place thereof; repaired from time to time as shall be necessary effective operation and maintenance of school. and maintained for the such private 2. Nothing herein contained shall be deemed to prohibit the construction of an accessory building containing bedrooms with cooking and bath facilities, to be used in connection with and as a part of the main residence, and to be constructed within the building lines. Such accessory building shall be used only for occupancy of the legitimate non-paying guests of the owners of the main residence, or bona fide members of the family or servants. 3. No person shall use any portion of a building in "RS" residential single-family district for the purpose of carrying on or practicing any profession, business, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this Ordinance. SECTION VIII - "RM" MULTIPLE -FAMILY RESIDENTIAL DISTRICT i A. Purpose of District. I. It is the purpose and intent of this District to provide lands within the Town for high density multiple family residential uses. In no event shall density exceed 5.7 dwelling units per net acre or net land area. This District is further intended for development of concentrated residential populations and should be applied only within the high density designated areas as provided by the Comprehensive Development Plan. B. Permitted Uses. 1. Single -Family Dwellings. 2. Multiple -Family Dwellings. 3. Clubs. 4. All land and buildings used by the Town of Gulf Stream and its government, activities, thereto. and services incidental C. Accessory Uses. 1. Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, utility buildings, gazebos and any other similar uses. Page -2G-