HomeMy Public PortalAboutORD 08/10ORDINANCE NO. 008/10
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING THE ADOPTED TOWN OF GULF
STREAM COMPREHENSIVE PLAN BY ADOPTING THE
EAR BASED COMPREHENSIVE PLAN AMENDMENTS AS
SET FORTH HEREIN AND ATTACHED HERETO;
PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREOF; PROVIDING FOR CODIFICATION
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town proposes to amend its Comprehensive Plan in accordance
with the requirements of the 1993 Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Town prepared and adopted an Evaluation and Appraisal Report
intended to evaluate and update the Town's Comprehensive Plan; and
WHEREAS, the Town Commission, upon recommendation from the Local
Planning Agency, recommends adoption of the Evaluation and Appraisal based
amendments to the Town of Gulf Stream Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. Incorporation of Recitals.
The above recitals are incorporated as fully set forth herein.
Section 2. Findings.
The proposed Comprehensive Plan amendment as more particularly described in
Exhibit "A" has been determined by the Local Planning Agency and the Town
Commission to promote the public health, safety and welfare and is consistent with the
requirements of Chapter 163, Florida Statutes, Chapters 9J -5 and 9J -11 of the Florida
Administrative Code and all elements of the adopted Comprehensive Plan.
Section 3. Amendment of Comprehensive Plan.
The Town of Gulf Stream Comprehensive Plan is hereby amended to incorporate
those amendments set forth in Exhibit "A" attached hereto and incorporated herein by
reference.
Section 4. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section . Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
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PASSED AND ADOPTED in a regular, adjourned session on first reading this
10th day of October, 2008, and for a second and final reading on this 10th day of
July 2009.
ATTEST:
, 7ri-;6 kp, 7zj�ZL�
Town Clerk
(Y JL 1�
Mayor
Vice "y r
ComnWssioner
Com is loner
(-rim
Commissioner
2
EXHIBIT "A"
TOWN OF GULF STREAM, FLORIDA
EAR -BASED AMENDMENTS TO
ADOPTED COMPREHENSIVE PLAN
Prepared By:
Town of Gulf Stream, Florida
Urban Design Kilday Studios, Planning Consultant
Octobet i7,2008
May 1, 2009
Future Land Use Element
Data and Analysis Update
The Town of Gulf Stream is a small residential community located in the southern portion of Palm
Beach County, between Boynton Beach and Delray Beach. It is approximately 521 acres in size and,
except for the Place Au Soleil subdivision which is situated on the west side of the Intracoastal
Waterway, it is bordered by the Atlantic Ocean to the east and the Intracoastal Waterway to the west.
In addition to the influence of world famous polo and exclusive golf, the subtropical climate,
waterfront lots, and the small town atmosphere have attracted people to the Town since the early
1920s. Through the years the population of Gulf Stream has remained small, providing homes for
less than one thousand residents.
Gulf Stream is characterized by single family homes with lush, well maintained landscaping and
extensive outdoor recreational opportunities. A few small -scale apartments and condominiums are
scattered along the beachfront with even fewer west of State Road AIA. There are no commercial,
industrial, or agricultural land uses. Amenities include two private golf clubs, a private beach and
tennis club, and a designated conservation area in the southeast portion of the town. A small private
school exists just south of the Town Hall. The school has a long- standing tradition of excellence,
recognized statewide.
The famous clubhouse at the Gulf Stream Golf Club was designed by Addison Mizner, the master
architect of South Florida. The clubhouse is complemented by the nationally recognized golf course,
considered a signature course of designer Donald Ross. Both the Town Hall and the Police Station
are fashioned after the Mediterranean Revival style clubhouse. Many of the first houses constructed
in Gulf Stream are still intact, with only minor alterations. Thirty -six of the structures were listed on
the Florida Master File in 1990. Maintained by the Florida Division of Historic Resources in
Tallahassee, this file contains pertinent data ofhistorical and archeological sites throughout the state.
The majority of the town grew as subdivisions between the Atlantic Ocean and the Intracoastal
Waterway were developed. In an effort to maintain a tranquil setting, commercial and industrial uses
were prohibited.
The Town of Gulf Stream is considered to be almost entirely built out. Within the Town, there are
34.89 acres of vacant land, scattered throughout the Town. The great majority of the vacant land is
held by government agencies and is not developable under its current zoning. There is only 2.91
acres of developable land left in the Town, all of which is within lots zoned for use as single family.
No commercial or industrial future land uses exist or are projected for Gulf Stream. Existing
commercial uses along State Road A -1 -A immediately to the north and community commercial
uses along U.S. Highway 1 in Delray Beach and Boynton Beach to the west are adequate to meet
the needs of existing and projected residents in Gulf Stream.
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Based on the analysis of the existing vacant parcels within the Town combined with the
population and household statistics from the U.S. Census and the Shimberg Center for
Affordable Housing, Rinker School of Building Construction, College of Design, Construction
and Planning at the University of Florida, the Town of Gulf Stream is essentially built -out and
will experience minor fluctuations in populations.
Population Projection
Source: U.S. Census, Shimberg Center, University of Florida (2006)
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2000
2005
2009
2014
2019
2024
2029
Population
Projection
716
736
754
772
788
801
810
Source: U.S. Census, Shimberg Center, University of Florida (2006)
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Future Land Use Element
VI. GOALS, OBJECTIVES AND POLICIES
GOAL 1.1.: MAINTAIN, PROTECT AND ENHANCE THE EXISTING CHARACTER
AND NATURE OF THE TOWN OF GULF STREAM WHILE ENSURING ADEQUATE
AND TIMELY PROVISION OF SERVICES AND FACILITIES TO ENSURE THE
HEALTH, SAFETY, AND WELFARE OF ITS RESIDENTS.
Objective 1.1.1.: Future growth and development will be managed through the
maintenance and enforcement of land development regulations in
accordance with section 163.3202, F.S.
Policy 1.1.1.1: Maintain land development regulations to ensure that they contain specific
and detailed provisions intended to implement the adopted Comprehensive Plan, and which at a
minimum:
a) Regulate the subdivision of land, including replatting;
b) Regulate the use of land and water consistent with this Element and ensure the
compatibility of adjacent land uses and provide for open space;
C) Regulate development which has a potential to contaminate water or soil;
d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management consistent with the Infrastructure Element and the National
Pollution Discharge Elimination System Permit;
e) Protect potable water wellfields and aquifer recharge areas;
f) Regulate signage;
g) Ensure safe and convenient on —site traffic flow and vehicle parking needs;
h) Require landscape buffers with native species and other appearance measures to maintain
a high visual quality;
I) Provide that development orders and permits shall not be issued which result in a
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GOAL 1.1.: MAINTAIN, PROTECT AND ENHANCE THE EXISTING CHARACTER
AND NATURE OF THE TOWN OF GULF STREAM WHILE ENSURING ADEQUATE
AND TIMELY PROVISION OF SERVICES AND FACILITIES TO ENSURE THE
HEALTH, SAFETY, AND WELFARE OF ITS RESIDENTS.
Objective 1.1.1.: Future growth and development will be managed through the
maintenance and enforcement of land development regulations in
accordance with section 163.3202, F.S.
Policy 1.1.1.1: Maintain land development regulations to ensure that they contain specific
and detailed provisions intended to implement the adopted Comprehensive Plan, and which at a
minimum:
a) Regulate the subdivision of land, including replatting;
b) Regulate the use of land and water consistent with this Element and ensure the
compatibility of adjacent land uses and provide for open space;
C) Regulate development which has a potential to contaminate water or soil;
d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management consistent with the Infrastructure Element and the National
Pollution Discharge Elimination System Permit;
e) Protect potable water wellfields and aquifer recharge areas;
f) Regulate signage;
g) Ensure safe and convenient on —site traffic flow and vehicle parking needs;
h) Require landscape buffers with native species and other appearance measures to maintain
a high visual quality;
I) Provide that development orders and permits shall not be issued which result in a
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reduction of the level of services for the affected public facilities below the level of
service standards adopted in this Comprehensive Plan; and
j) Provide for the assessment of impact fees or dedication of land and facilities to off —set
costs assumed by the Town or other governmental agencies for the provision of facilities
or services required by new development.
Policy 1.1.1.2.: Land development regulations adopted to implement this Comprehensive
Plan shall be based on, and be consistent with, the following standards for residential densities as
indicated below:
a) Single Family Residential (SF): shall permit detached, single family dwellings and
accompanying support and accessory structures at a density up to but not to exceed 3-3.5
2.64 dwelling units per acre and up to but not to exceed 2.9 dwelling pper acre within
the Place au Soleil subdivision.
b) Multi — Family Residential (MF): shall permit multi — family or single family dwellings and
accompanying support and accessory structures at a density up to but not to exceed 5.7
dwelling units per acre for multi - family units and up to but not to exceed 2.64 dwelling
units per acre .
c) Existing residential densities not conforming to the densities set forth in this
Comprehensive Plan shall be considered non - conforming and be regulated by the Town's
Land Development Regulations.
Policy 1.1.1.3.: Land development regulations shall be adopted which address the location
and extent of non — residential land uses in accordance with the Future Land Use Map and the
policies and descriptions of types, sizes, densities and intensities of land uses contained in this
element and which implement the following Future Land Use categories:
a) Conservation (CONS): shall permit preservation of wildlife, aquatic, or botanical habitat
on government —owned land and generally remain free from development of any type by
permitting only necessary low impact, educational, interpretive, utility and support
facilities.
b) Recreation (REC): shall permit private or public recreation facilities such as the golf
courses, tennis courts, swimming pools and related support and clubhouse facilities,
provided that the actual recreation facilities cover at least 40% of the site area.
C) Public (P): shall permit publicly —owned facilities necessary to the operation of the
owning agency such as the Town Hall, Police Station and Materials Management Areas at
an intensity not to exceed a floor area ratio of 0.5.
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Objective 1.1.2.: Development orders and permits for development or development
activities shall be issued only if the protection of natural and historical resources is ensured
and consistent with the goals, objectives, and policies of the Comprehensive Plan.
Policy 1.1.2.1.: The town shall protect potable water wellfields and prime aquifer recharge
areas through the implementation of the Palm Beach County Wellfield Protection Ordinance.
Policy 1.1.2.2.: Proposals for development within the 100 —year floodplain as identified by
the Federal Emergency Management Agency shall conform with local regulations for
development in such areas.
Policy 1.1.2.3.: The developer /owner of any site shall be responsible for the management
of run —off consistent with the goals, objectives, and policies of the Drainage Sub — element of this
Comprehensive Plan.
Policy 1.1.2.4.: Extraction of natural resources shall be permitted only where compatible
with existing and proposed land use and in a manner consistent with the goals, objectives, and
policies of the Conservation Element of this Comprehensive Plan.
Policy 1.1.2.5.: In accordance with Section 163.3202, F.S. the Town shall:
a. Maintain a record of identified potentially historic resources;
b. Maintain regulations for the protection and preservation of historic sites and structures;
C. Provide the Florida Department of State with a list of all potentially historic sites for
inclusion on the state Master Site File.
d. Continually update the list of historic resources as appropriate.
Policy 1.1.2.6.: Species of flora and fauna listed in the Conservation Element of the plan
as endangered, threatened or species of special concern shall be protected through inclusion of
their habitats in the Conservation land use category.
Objective 1.1.3.: Development orders and permits for development and redevelopment
activities shall be issued only in areas with suitable topography and soil conditions to
support such development.
Policy 1.1.3.1.: All proposed development, other than individual residences, shall include
a soils analysis prepared by a licensed professional, which shall document the ability of the soil
structure to support the proposed development.
Policy 1.1.3.2.: All proposed development shall be located in a manner such that the
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natural topographic features of a site and not adversely altered so as to negatively affect the
drainage of neighboring properties or visual aesthetics of the area.
Objective 1.1.4.: Development orders and permits for development and redevelopment
activities shall be issued only in areas where public facility necessary to meet level of
service standards (which are adopted as part of the Capital Improvement Element of this
Comprehensive Plan) are available concurrent with the impacts of development.
Policy 1.1.4.1.: Development shall be timed and staged in conjunction with the provision
of supporting community facilities and services identified as being required such as:
Potable water;
b. Sanitary sewers;
C. Solid waste removal;
d. Vehicular and pedestrian circulation;
e. Public safety;
f. Recreation;
g. Public schools; and
h. Electricity.
Policy 1.1.4.2.: Public facilities and utilities shall be located to:
a. Maximize the efficiency of services provided;
b. Minimize their costs;
C. Minimize their impacts on the natural environment; and
d. Maximize consistency with the goals, objectives, and policies of this Comprehensive
Plan.
Policy 1.1.4.3.: All development in areas not provided central water and sewer services
shall be governed by the provisions of S.381.272, F.S., regulating on —site sewage disposal
systems; and, Chapter l OD -6, FAC, which regulates the installation of individual sewage
disposal facilities.
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Policy 1.1.4.4.: Prior to annexation, the Town shall prepare and adopt a facilities and
services plan for proposed annexation areas which shall:
a. Establish the location, level of service standards and phasing for each facility and service
to be extended by the town;
b. Require all development or redevelopment activities to be timed, staged and located in
conjunction with the provisions of the community facilities and services listed in Policy
1.1.4.1. without exceeding their established level of service standards; and
C. Reserve the right of the Town, in order to encourage infill development and reduce urban
sprawl, to discourage development and redevelopment activities within proposed future
annexation areas until such time as facilities and services are extended in accordance with
the plan regardless if facilities and services are offered by a developer in advance of the
plan phasing.
Objective 1.1.5.: Future growth, development and redevelopment shall be directed to
appropriate areas as depicted on the Future Land Use Map, consistent with: sound
planning principles; minimal natural limitations; and the goals, objectives, and policies
contained within this Comprehensive Plan.
Policy 1.1.5.1.: Residential neighborhoods shall be designed to include an efficient system
of internal circulation, including the provision of collector streets to feed traffic onto arterial
roads and highways.
Policy 1.1.5.2.: Subdivisions shall be designed so that all individual lots have access to the
internal street system, and lots along the periphery are buffered from major roads and
incompatible land uses.
Policy 1,1,5.3.: Development orders and permits for future development and
redevelopment activities shall be issued only in areas possessing the appropriate future land use
designation and that are consistent with the goals, objectives, and policies of this Comprehensive
Plan.
Policy 1,1,5.4.: The Town shall designate future annexation areas, when identified, and
coordinate with the affected land owners, governments and agencies for the future annexation
and land uses of these areas.
Policy 1.1.5.5.: New commercial and industrial land uses shall not be permitted within the
Town.
Policy 1.1.5.6.: Properties owned by the Florida Inland Navigation District which are
intended for use as Materials Management Areas and for which specific engineering plans for the
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development and operation of Materials Management activities have been approved by FIND and
provided to the Town shall not be unduly regulated so as to prohibit or substantially restrict their
intended use as Materials Management Areas.
Policy 1.1.5.7.: Coordinate with FDOT to develop methods to promote the protection,
restoration and enhancement of the Australian Pine canopy along North Ocean Boulevard.
Policy 1.1.5.8.: Initiate a cost benefit study that will identify and implement the potential
of bur iinng the power lines throughout the Town.
Objective 1.1.6.: The Town of Gulf Stream and its single family neighborhoods have an
undeniable character and sense of place that shall be preserved while recognizing a need to
provide for infill development and substantial renovations to or outright replacement of
existing obsolete homes.
Policy 1.1.6.1.: To protect its unique character, the Town shall clearly define the character,
provide clear direction to new development and redevelopment on how to achieve consistency
with and enhance the character, and provide a rational, objective process for the review of new
development and redevelopment.
Policy 1.1.6.2.: The character of Gulf Stream is singular and multi— faceted in nature in
that it is composed of at least five distinct neighborhoods, each with their own development
history and sense of character, that together form the unique character of the Town. In order to
preserve the character of the Town and neighborhoods, the character of each shall be thoroughly
articulated with words and pictures in the Design Guidelines adopted by the Town so that the
context by which new development and redevelopment is evaluated is clearly understood by the
property owner, designer, neighbors, and Town review officials.
Policy 1.1.6.3.: Without proper safe guards, there is a high potential that new development
and redevelopment could conflict with and severely diminish the existing character of the Town
and individual neighborhoods. While it is not necessary that the Future Land Use Map
specifically delineate the various neighborhoods, it is critical that land development regulations
be crated which recognize the unique characteristics of each.
Policy 1.1.6.4.: The character of the Town and neighborhoods is a function of many
development features which must be are defined in the Design Guidelines including, but not
limited to: architectural style; building form; building mass; building scale; use of structural and
decorative design elements; use building and finish materials; colors; arrangement of structures
on a site; location of mechanical equipment, patios, driveways, walls, and fences; landscape
design and materials; other such features; and the relationship of these features to one another on
a site as well as their relationship to other sites. Aeeordingly, land develupment regulations must
eareffilly address these fil�..atures and relationships.
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Objective 1.1.7: Town shall address the impact of the potential conversion of existing
multi - family buildings to higher - intensity multi - family buildings.
Policy 1.1.7.1.: The Town shall enforce the Design Guidelines adopted for multi - family
buildings
Objective 1.1. -78: The Town shall protect private property rights and recognize the
existence of legitimate and often competing public and private interest in land use.
Policy 1. L-78.1.: Provide compensation, or other appropriate relief as provided by law, to a
landowner for any governmental action that is determined to be an unreasonable exercise of the
state's police power so as to constitute a taking.
Policy I. L-78.2.: Encourage acquisition of lands by public agencies in cases where
regulation will severely limit practical use of real property.
Objective 1.1.89.: Any existing land use which may be found to be inconsistent with the
Future Land Use Element and Map following adoption of this plan shall be eliminated.
Policy 1.1.$9.1.: Expansion or replacement of land uses which are incompatible with the
Future Land Use Element and Map shall be prohibited.
Policy 1.1.$9.2.: Regulations for buffering incompatible land uses shall be set forth in the
Town's land development regulations.
Objective 1.1.910.: The Town shall improve coordination with affected and appropriate
governments and agencies to maximize their input into the development process and
mitigate potential adverse impacts of future development and redevelopment activities.
Policy 1.1.410.1.: To provide for the effective implementation of the land development
regulations in Policy 1.1.6.5., the Town mast shall continue to create and administer equitable,
rational and objective development review procedures whereby the potential impacts of the
development are commensurate with the time, expense and intensity of the review
process. (relocated from Objective 1.1.6)
Policy 1. 1.9-.+ 10.2.: The Town shall maintain membership in the Palm Beach County
Multi — Jurisdictional Issues Forum and participate in the Palm Beach County Intergovernmental
Plan Amendment Review Process.
Policy 1.1.9:2.10.3: Requests for development orders or permits shall be coordinated, as
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required, with Palm Beach County, adjacent municipalities, Regional Planning Council, Water
Management District and state and federal agencies.
Objective 1.1.191.: Population densities within the Town's coastal area shall be
coordinated with the hurricane evacuation plans of Palm Beach County and the Treasure
Coast Regional Planning Council.
Policy 1.1.191.1.: Prior to the Town's approval of any new development or subdivision,
other than individual residences, the Town will consult the plans of the Palm Beach County
Emergency Management Department and the Treasure Coast Regional Planning Council
regarding hurricane evacuation.
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