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HomeMy Public PortalAboutORD 08/06ORDINANCE NO. 008/6 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES TO INCLUDE A NEW CHAPTER 71 TITLED GULF STREAM DESIGN MANUAL FOR RM WEST AND RM EAST MULTIPLE - FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended to include a new Chapter 71 to be titled Gulf Stream Design Manual for RM West and RM East Multiple - Family Residential Districts to read as follows: "CHAPTER 71 GULF STREAM DESIGN MANUAL RM WEST AND RM EAST MULTIPLE - FAMILY RESIDENTIAL DISTRICTS Sec. 71 -1. Purpose. While it is the purpose and intent of the Multi - Family Districts to provide lands within the Town for multi - family residential uses, it is equally important to perpetuate the distinct single family scale and character that the Town embraces. In no event shall density exceed 5.7 dwelling units per net acre or net land area for multi - family units and up to, but not to exceed 2.64 dwelling units per acre for single family residential units. These districts are 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. In order to achieve these purposes and intents, the following two multiple - family residential zoning districts have been created. RM -West District for all multi - family parcels and uses west of Ocean Blvd. La Casitas Hillside House Golfview Club Bermuda House Bermuda Club of Gulf Stream Tennis Villas RM -East District for all multi - family parcels east of Ocean Blvd. Jamaica Square El Cortijo Casa Serena 1 Somerset of Gulf Stream Villa D'Este Westminster Gulf Stream Shores Sec. 71.2. Permitted Uses. The uses permitted in the multiple - family residential district are limited to the following: (1) Single- family dwellings, consistent with the applicable architectural design guidelines found in Article V of the Gulf Stream Design Manual (2) Multiple - family dwellings (3) Clubs (4) All land and buildings uses by the town and its government, activities and services incidental thereto. Sec. 71.3. Accessory Uses. The accessory uses permitted in this multiple - family residential districts are private garages, swimming pool, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, utility buildings, gazebos and any other similar uses. Sec. 71.4. Site Development Regulations. Below is a listing of required site development regulations for multiple - family and single - family dwellings with the two multiple - family districts. Single family homes are encouraged within these districts as the incentives for such development have been identified in the table below. 051 MF - East District MF - West District MF SF MF SF Max. Bldg Height 40' 40' * 35' Sec 70 -100 Max. # Stories 3 3* 3 2 Min. Lot Size 20,000 First + 5,000 After 20,000 * 20,000 First + 5,000 After 16,500 Width Front (rectangular) 100 100* 100 100 Front Point (pie shape) 100 40 100 40 Depth 100 100 100 75 * ** Min. Unit Size One Bedroom 1000 NA 1000 NA Two Bedroom 1250 NA 1250 NA Three Bedroom 1600 NA 1600 NA Four Bedroom 1950 NA 1950 NA Max. Bldg. Length 150' NA 100 NA* 051 Max. Facade Length 60' 50' without Jog or Reduction of stories Setbacks 78' CL /A1A 50' A1A* 78' CL /A1A 50' CL /A1A Front 50' All Others 25' All Others 50' All Others 30' All Others Side 25% Avg. 30% Avg. 25% Avg. 30% Avg. Width and Width and Width and Width and 25' Min. 15' Min.* 25' Min. ** 15' Min. Rear 257CCCL 257CCCL 25' 20' * Corner TBD TBD TBD TBD MF - Multi -story Required Preferred Required Preferred Landscape * SF incentive ** If 2 stories or less - multi - family use 30% width /15' min. * ** Front setback reduced to 25' min. if specific standards for review met Sec. 71.5. Prohibited Uses. (a) To promote the private, peaceful, residential enjoyment of property in the multi - family zoning districts in the town, and to protect these districts from the noise, traffic, congestion, crime and tumult associated with nonresidential uses, nonresidential uses shall be prohibited including, but not limited to, the following: (1) The conduct of any professional, business, occupation, or calling. (2) Home occupations and other home -based businesses. (3) Transient uses including, but not limited to, time- sharing uses, corporate retreats and property rentals with lease terms of less than three months. (4) Other nonresidential uses including temporary uses, whether or not they benefit charitable organizations, such as: Auctions and silent auctions Commercial still photography Commercial motion pictures /videos Display of items to be for sale at a later date Garage /yard sales Home tours and show houses Tag /estate sales Trunk sales and equivalent in -home display sales (5) Aircraft landing pads and strips, whether temporary or permanent. (6) Any other use not specifically permitted. (b) These prohibitions shall not extend to telephonic transactions and communications. 3 Sec. 71.6. Parking regulations. The following parking regulations are applicable to the multiple - family residential districts. (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 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. (2) Where a lot is occupied by a multiple - family residential dwelling, there shall be provided accessible parking spaces on the lot or land parcel, adequate to accommodate three cars for each one dwelling unit. Two such spaces shall be located within a parking garage and one considered to be a guest parking space may be located in an open surfaced area; plus one additional guest parking space for each two dwelling units. (3) Where a lot is occupied by a club, there shall be provided accessible parking spaces on the lot or land parcel, adequate to accommodate one space for each three persons of maximum capacity of the facility as determined by its fire occupancy rating. (4) Where a lot is occupied by a governmental facility, there shall be provided accessible parking spaces on the lot or land parcel adequate to accommodate one space for each 300 square feet of total floor area. Sec. 71 -7. Multiple - Family Residential Design Guidelines. (a) Architectural Style. The Town should maintain an overall character of traditional architectural styles associated with South Florida and the dominant styles within the adjacent single family districts. (1) Preferred • Anglo- Caribbean • British Colonial • Bermuda • Dutch West Indies • Georgian • Gulf Stream - Bermuda • Spanish Mediterranean Revival • West Indies (2) Discouraged • Monterey • Vernacular (3) Prohibited • A -frame • Art Deco • Geodesic Domes ll " Modern Glass Cubes " Contemporary " Cracker Style " International " Spanish Mediterranean Revival within Multi - Family West District of Town " Traditional styles uncharacteristic to South Florida, e.g. English Tudor, Victorian, etc. (b) Building Form. New multi - family structures and renovations must relate harmoniously to the form and scale of architecture in the Town's single family districts. Big box structures are to be avoided. Multi- family buildings are to be designed in such a manner as to provide reliefs, jogs, and articulation that add interest and relate to single family structures in the neighborhood. The use of human scale proportions are critical to the design and detailing of the building in its entirety. Multi- family structures are to be designed, built and maintained in a manner that reflects the established single family building forms, patterns and high standards that have contributed to the unique character and charm of Gulf Stream. (1) Required " Building Forms with human scale proportions " Building Forms respecting Single Family patterns in the Town of Gulf Stream " Maximum building length not to exceed District standard " Maximum facade length without minimum jog or reduction of number of stories not to exceed District standard (minimum jog shall be equal to or greater than 4' -0 ") (2) Preferred " Building forms that relate to single family scale and proportions " Distinctions between multiple floors " Use of substantial reliefs, jogs in walls, and articulation (minimum jog shall be equal to or greater than 4' -0 ") " Use of stepbacks next to single family residences " Single family detached homes " Multi- family duplex, triplex, and quadroplex units (3) Discouraged " Angular or Round walls as a dominant feature " Continuous, flat facades over 40' long " Townhouses " Multi- family structures over 6 units per building (4) Prohibited " A -frame " Geodesic Dome " Big Box Buildings " Continuous, flat facades over District standards " Use of insubstantial or overly complex reliefs, jogs in walls, building articulation " Townhouses over 4 units in a row 5 (c) Roof Design, Slope and Materials. Roofs are a major visual element of multi - family, multi -story structures. Roof types, size, slope, color, and materials have a dramatic impact on how well a multi - family building relates to adjacent single family homes. Flat roofs and partial roof treatments are not typical in the Town and do not contribute to the single family home character of Gulf Stream. (1) Required • Meet hurricane code for strapping, bracing and materials • Designed to conceal all mechanical equipment, such as air conditioning units and solar panels. • Roof material sample to be submitted for approval • Roof material color to be submitted for approval • Roof material, color, or shape consistent with roofs found in Gulf Stream (2) Preferred • Hip or gable including combinations and splits • Roof overhangs 2'- 2'/2'. Roof overhangs more than 2 ' /2' shall be considered as part of the building's lot coverage • Low pitched roofs (under 28 or 6:12 slope) • Tiled roof material true to architectural style (white cement tile for Gulf Stream Bermuda and barrel tile with color blends for Spanish- Mediterranean Revival) • Simple roof geometry • Exposed rafter tails • Exposed gutters, drainspouts, vents, and /or pipes painted to match adjacent roof or wall material (3) Discouraged ■ Roof material uncharacteristic of architectural style or not typically found in Gulf Stream (4) Prohibited • Flat roofs visible over 25% of total roof area, except where used to reduce roof massing • Gambrel roofs • Mansard roofs • Shed roofs over 25% of total roof area • Asphalt shingles • Roofing with typical commercial roof styles and roofs containing unnatural looking materials • Glazed skylights or solar panels visible from street • Non - earthtone colors (except white for cement tiles) • Metal roofs except for an appropriate architectural style or unpainted copper when used as a decorative accent or on a minor accessory structure • Roll tile and /or similar tile styles • "S" shaped tiles • Parapet treatments R " Steep slopes over 45 or 1:1 slope " Very low pitched roofs (less than 18 or 4:12 slope) " Unnecessarily complex or monolithic roof design (d) Roof and Eave Heights. Roof and eave height for multiple - family dwelling shall follow the standards: (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential and human scale. Most structures in the Town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. To perpetuate the single family residential character, it is important that roof designs for multi - family structures incorporate traditional sloped roof configurations such as hip, gable, or combination of both. (2) Roof height is measured from the top of the first finished floor to the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same eave line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but are not limited to, chimneys, cupolas, decorative towers, dormers, and small cut -outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features with roofs, if used, should provide a sense of arrival to visitors, yet should not overpower them or the remainder of the structure. The scale and proportion of entry features should be consistent with the rest of the structure, varying just enough to provide a focal point to the front of the house. (5) Single -story Structures (a) Preferred " Eave heights: From eight feet to ten feet six inches (from eight feet to 12 feet for entry features) " Eave lines: Three or less " Roof features: Three or less visible per building side " Roof heights: 20 feet or less (24 feet or less for roof features) rA (b) Discouraged • Eave heights: Between ten feet six inches and 12 feet (between 12 and 14 feet for entry features) • Eave lines: Four • Roof features: Four visible per building side • Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) (c) Prohibited • Eave heights: Less than eight feet or greater than 12 feet (greater than 14 feet for entry features) • Eave lines: Five or more • Roof features: Five or more visible per building side • Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (6) Multi -story Structures (a) Preferred ■ Eave heights: From eight feet to 12 feet for one -story portions (from eight feet to 14 feet for entry features) ■ 22 feet six inches or less for two -story portions ■ 34 feet or less for three -story portions ■ Eave lines: Four or less ■ Roof features: Three or less visible per building side ■ Roof heights: 22 feet or less for one -story portions (b) Discouraged • Eave heights: Between 12 and 14 feet for one -story portions (between 14 and 16 feet for entry features) • Eave heights: Between 22 feet six inches and 24 feet six inches for two -story portions • Eave lines: Five • Roof features: Four visible per building side • Roof heights: Between 22 feet and 26 feet for one -story portions (c) Prohibited • Buildings with more than three stories • Eave heights: Less than eight feet or greater than 14 feet for one -story portions • Eave heights: Greater than 24 feet six inches for two -story portions • Eave heights: Greater than 34 feet out for three -story portions • Eave lines: Six or more 0 " Roof features: Five or more visible per building side " Roof heights: Greater than 26 feet for one - story portions " For two -story portions greater than the following for each zoning district District Height in feet MF -East 35 (roof features may extend to 40) MF -West 30 (roof features may extend to 35) (e) Windows. Windows on multi - family structures should be selected and positioned to correspond to the scale and proportions exhibited in single family homes in the Town. To help reduce the impact of multi -story structures, windows should: break up unarticulated blank walls, exhibit a frequency relative to single family homes, and be articulated with muntins and shutters to emphasize human scale elements. For the purposes of this section, an elevation is the wall plane shown in elevation as measured from the top of the first floor to the bottom of the eave. Window openings are measured from the outside edge of the window frame, but do not include sills or lintels that are installed separately from the window. Window pane area is measured from the inside edge of the molding, muntin or mullion that borders the exposed glass area. (1) Preferred " Reflect architectural style " Use muntins to divide glass into two square feet or less " Relate to single family homes in size, shape, proportions, rhythm and articulation " Undivided windows may be considered if consistent and proportional with the structure's architectural style " Use shutters when appropriate to architectural style (2) Discouraged " Windows as a dominant element " Windows with undivided panes larger than 2 sq. ft. " Too few windows leaving unarticulated blank walls " Sliding windows (not including sliding doors) " More than 50 percent of total window opening area on an elevation composed of undivided panes larger than 8 sq. ft. if not covered by a loggia or roof overhang " Undivided glass in sliding doors " Between 25 -50 percent of total window opening area on an elevation composed of undivided panes larger than 8 square feet (3) Prohibited " Reflective, mirrored, colored, stain glass or etched glass " Tinted glass or window film applications with less than 70% visible light transmittance visible from E the public right -of -way. In no case shall a combination of tinted glass and window film be less than 60% visible light transmittance (tint should not be noticeable) and visible from the public right -of -way. • Floor -to- ceiling windows greater than one story • Glass block visible from street • Jalousie Windows • Undivided windows over 3 feet in width or greater than 16 square feet visible from street • Sliding glass doors on front facade • Undivided windows over 3 feet in width or larger than 16 square feet visible from street • More than 40% of total window opening on an elevation (there must be a higher percentage of wall area than window area) Note: Single family homes constructed in multi - family districts may have up to 45% window coverage on canal /intracoastal fronting elevations in the MF -West District and up to 50% window coverage on ocean fronting elevations in the MF -East District. (f) Shutters. Shutters function as a visual detail as well as weather protection. Shutters are especially important on multi - family, multi -story buildings to reinforce the singe family scale and level of detail present throughout Gulf Stream. (1) Preferred • Classic shutter colors (for example: white, black, dark green, muted greens, taupe, stained mahogany, dark slate blue, slate grey) • Contrasting color • Functional • Shutter should measure the full height and half the width of the window • Traditional horizontal slat or panel type shutters • Hurricane shutters should closely match the color of the house shutters. (2) Discouraged • Non - traditional shutter colors (for example: teal, peach, mustard yellow, bright royal blue) • Shutters out of scale with window • Shutters painted the same color as the principal building (3) Prohibited • Color, size, shape or materials uncharacteristic of architectural style and /or single family homes in the Town • Cloth or vinyl awnings on the front elevation, except on Mediterranean style homes • Metal or aluminum awnings • Shutters out of scale with window • Bronze window frames for dwellings except for Spanish -style architecture 10 (g) Entrances. Each architectural style has an ensemble of appropriate door types. Shapes and sizes should be considered in relation to the entire facade and architectural style. Columns, entablatures, sidelights, transoms, and pediments add detail and provide a sense of scale. (1) Preferred • Appropriate scale and proportion • Corresponding to architectural style • Sturdy wood doors (panel, glazed, or combination) (2) Discouraged ■ Over- elegant entrance /porte - cochere (3) Prohibited • Etched glass • Stained glass sidelights • Two -story columns or entry • Two -story porte - cochere • Gable roof over 6' -0" wide with roof greater than 8:12 pitch on covered entry (h) Exterior Materials. Materials should be selected for suitability to architectural style. All sides of a house should relate to each other. The front should not look substantially different from the other sides. Using a few materials for a single purpose will establish a simple continuity of design. (1) Preferred • Stucco or similar technique for building texture • A limited number of trim and accent materials • Materials used in a consistent manner throughout the building • Where materials change, a change in wall planes or some architectural device to give a sense of transition • Wood (2) Discouraged • Vinyl siding (subject to sample approval) • Brick, red clay or white (3) Prohibited • Cedar shakes /shingles • Exterior surfaces inadequately treated with a full coat of paint or other appropriate finish coating • Faux stone siding • Half elevation treatment • Logs, milled or rough • Metal and aluminum siding • T -111 • Unfinished, exposed concrete block 11 (i) Garages and Accessory Buildings. Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated with the principal building. Garages and ancillary structures can have an overpowering negative impact on neighbors. An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise attractive residential area. Parking for a multi - family building should be provided under the principal building when possible and screened from the street by berming and landscape. Additional landscaping is required to screen garage and parking areas from view. (1) Preferred • Garages and ancillary structures designed to respect the views from neighboring lots • Garages and ancillary structures integrated with the architectural style of the home (2) Discouraged ■ Screened enclosures visible from the street (3) Prohibited • All multi - family garages facing street not adequately screened or buffered from roadways • Carports • Garage doors or parking structure that dominate the front elevation • Metal storage sheds • Three -stall or larger garages on any lot not adequately screened or buffered from roadways • Two story screen enclosures 0) Color. Follow Chapter 70 -106 Color for principal building, trim and accent color requirements. 0) Additions and Rehabilitations. It is the expressed intent of these regulations to maintain and perpetuate the well established single family characteristics of the Town as set forth in Chapter 70. Any additions, modifications, remodeling and /or rehabilitation efforts to multi- family structures should conform to the preferred single family recommendations. Realizing that not all multi - family structures will be able to comply instantly, thresholds have been established to help phase in improvements. The thresholds apply to the cumulative amount of improvements over a period of five years. Any additions, renovations, and /or rehabilitation to multi - family structures representing 25% to 50% of the fair market value of the structure(s), exclusive of land value and location, as determined by a certified property appraiser licensed in the State of Florida and provided by the applicant, of the existing structure shall be required to conform to the multi - family regulations for color, shutters, and landscape. Any additions, renovations, and /or rehabilitation to multi - family structures representing 50% to 75% of the fair market value of the structure(s), exclusive of land value and location, as determined by a certified property appraiser licensed in the State of Florida and provided by the applicant, of the existing structure shall be required to conform to the multi - family regulations for color, shutters, landscape, entrances, and exterior materials. 12 Any additions, renovations, and /or rehabilitation to multi - family structures representing over 75% of the fair market value of the structure(s), exclusive of land value and location, as determined by a certified property appraiser licensed in the State of Florida and provided by the applicant, of the existing structure shall be considered new construction and subject to following all the multi - family regulations and guidelines. (k) Landscape for Multi -story Structures. As a supplement to the landscape requirements set forth in Chapter 70 (146 -150), additional trees and palms shall be planted in a manner that will reduce the impact of upper story portions of a structure as viewed from the front, side, and rear property lines. The intent is to provide a variety of plant material and sizes that will help reduce the impact and create a transition for the taller portions of a multi -story structure. Corners and unarticulated walls deserve special attention because they offer significant opportunities to install additional plant materials that will scale down a structure and make it more compatible with adjacent single family homes. This landscape requirement for multi -story structures is in addition to all regular landscape requirements. All plantings and design shall follow the general landscape standards set forth in Chapter 70 -146. Additional plantings are based on the number of stories. See diagram on the following page. (1) Lighting. Multi -story structures can have a significant impact in residential neighborhoods especially when it comes to outdoor lighting. Security and accent lighting shall follow the design guidelines outlined in Chapter 70 (166 -170). (m) Mechanical Equipment and Generators. Mechanical Equipment, such as air - conditioning /heating units, pool equipment and emergency generators, shall be screened from view from the public right - of -way and neighboring properties. Screening may consist of a wall, consistent with the dwelling's architecture, landscaping and fence. Chain link fences shall not be used in the screening of mechanical equipment. All mechanical equipment shall be in compliance with the Town's noise abatement regulations. " Section 2. 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 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. 13 This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 9t1, day of SPntamhPr , 2008, and for a second and final reading on this 10th day of October , 2008. f C&n ftsioner Corhmissioner ATTEST: Clerk PADOGS \13147 \00001 \DOC\1 3Q1 967. DOC ordinance providing new chapter 71 gulf stream design manual multi family districts 14