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Home My Public Portal AboutORD 10/01ORDINANCE NO. 010/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 58, PLANNING AND DEVELOPMENT, ARTICLE VI, LAND CLEARING, SECTION 58 -138, SO AS TO EXEMPT CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 58 -138 WHICH REQUIRE PERMITS FOR REMOVAL AND REPLACEMENT OF TREES AND FILL; AMENDING CHAPTER 66, ZONING, ARTICLE V, SITE PLANS, SECTION 66 -141, APPLICABILITY, SO AS TO EXEMPT CLUBS WITHIN THE TOWN WHICH MAINTAIN PRIVATE GOLF COURSES FROM THOSE PROVISIONS OF SECTION 66 -141 WHICH REQUIRE SITE PLAN REVIEW FOR REMOVAL AND REPLACEMENT OF TREES; 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 at Chapter 58, Planning and Development, Article VI, Land Clearing; Section 58 -138, Permits Required, to read as follows: "Sec. 58 -138. Permits required. (a) It shall be unlawful for any person to remove, damage or destroy from any parcel of land located within the town any tree with a trunk diameter of eight inches or greater prior to obtaining a land clearing permit from the town. For purposes of this section, a "tree" is any self - supporting woody plant together with its root system, growing upon the earth usually with one trunk of at least four inches in diameter at a height of 4 '/2 feet above the ground, or a multistemmed trunk system with a definitely formed crown. (b) It shall be unlawful for any person to remove, move or add soil or fill to or from any parcel of land located within the town without first having obtained a permit from the town. (c) This section shall not be applicable to clubs located within the Town which maintain golf courses which require removal and replacement of trees and fill as a matter of maintenance and improvement of the golf course. This exemption shall not apply however, in the event of the removal and replacement of trees and fill located within a perimeter of 100 feet of anv boundary of the aolf course." 17 Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article V, Site Plans; Section 66 -141, Applicability, to read as follows: "Sec. 66 -141. Applicability. For purposes of administering the requirements of this article, development projects are classified as follows: (1) Projects requiring level 1 architectural/ site plan review. a. Minor accessory structures, with the exception of any detached, habitable structures; b. Expansions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to exceed 300 square feet; C. Demolitions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to exceed 300 square feet; d. Changes in exterior wall, roofing, window, door, mailboxes, awning, or column material, which are significantly different in color, texture, or appearance than the existing materials. e. Changes in exterior wall, roofing, window or door colors which do not require a building permit; f. Increases or decreases in impervious surface areas or changes in impervious surface materials; g. Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District. h. Minor improvements and landscaping along A1A and fences or walls along side property lines that are within the 50 -foot North Ocean Boulevard Overlay District. Removal of up to two trees over eight inches in caliper, provided that reasonable replacement tree(s) are proposed. This section shall not be applicable to clubs located within the Town which maintain golf courses which require removal and replacement of trees as a matter of maintenance and improvernent of the golf course. This exemption shall not apply, however, in the event of the removal and replacement of trees located within a perimeter of 100 feet of any boundary of the golf course. (2) Projects requiring level 2 architectural I site plan review. a. Detached, habitable, minor accessory structures; 2 b. Expansions of existing primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the property, but not larger than 50 percent; C. Demolitions of existing primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the property but not more than 50 percent; d. Projects which utilize design styles, elements or materials in a manner classified as discouraged by the Gulf Stream Design Manual in the applicable zoning district; e. Removal of more than two trees of over eight inches in caliper, or removal of any trees where replacement trees are not proposed. This provision shall not be applicable to clubs located within the Town which maintain golf courses which require removal and replacement of trees as a matter of maintenance and improvement of the golf course. This exemption shall not apply, however, in the event of the removal and replacement of trees located within a perimeter of 100 feet of any boundary of the golf course. Notwithstanding the foregoing, removal or alteration of more than 50 percent of vegetation on a site requires level III approval. New entrance gates along A1A, major landscaping additions or removal and perimeter walls parallel to A1A that are within the 50 -foot North Ocean Boulevard Overlay District; g. Development proposals which otherwise would require a level 1 architectural /site plan review but which also require a sign review; h. Development proposals which otherwise would require a level 1 architectural /site plan review but which, in the opinion of the planning and building administrator, warrant a level 2 architectural /site plan review due to the development's potential impacts. (3) Projects requiring level 3 architectural I site plan review. a. New primary structures; b. Expansions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; C. Demolitions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; d. Development proposals which require a variance; 3 e. Development proposals which require a special exception; f. Development proposals which are the subject of a development agreement; g. Development proposals which require a subdivision; h. Development proposals which require an amendment to the official zoning map; i. Development proposals which require an amendment to the future land use map of the comprehensive plan; j. Development proposals which are deemed developments of regional impact pursuant to F.S. § 380.06 or which are subject to review for extra - jurisdictional impacts under the provisions of the intergovernmental coordination element of the adopted comprehensive plan; k. Clearing of more than 50 percent of a site's existing vegetation; I. Development proposals which otherwise require a level 2 architectural/ site plan review but which in the opinion of the architectural review and planning board warrant a level 3 architectural /site plan review due to the project's potential impacts." Section 3. 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 4. 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 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. El PASSED AND ADOPTED in a regular, adjourned session on first reading this 13th day of August , 2010, and for a second and final reading on this 10th day of September , 2010. ATTEST: LZ4 Clerk PADOGS \13147 \00001 \DOC \1824390. DOC Commissioner Com ssioner _ Commissioner +1