HomeMy Public PortalAboutRES 82/04I"
RESOLUTION NO. 82 -4'
A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA,
PETITIONING THE BOARD OF COUNTY COMMIS-
SIONERS OF PALM BEACH COUNTY PURSUANT
�TO SECTION 12_6.01(6)(a) AND (7) FLORIDA
STATUTES (1979), TO PROVIDE RELIEF FROM
TAXES UNLAWFULLY LEVIED UPON PROPERTY
SITUATE WITHIN THE TOWN OF GULF STREAM
TO FINANCE SERVICES RENDERED SPECIALLY
FOR THE BENEFIT OF THE PROPERTY OR
RESIDENTS IN UNINCORPORATED AREAS OF
PALM BEACH COUNTY BY REMITTING TO THE
TOWN OF GULF STREAM THE IDENTIFIED COST
OF SUCH SERVICES LEVIED AND COLLECTED
DURING THE 1978 -79, 1979 -80, 1980 -81
AND 1981 -82 FISCAL YEARS, AND BY
FINANCING SUCH SERVICES FROM REVENUES
DERIVED SPECIFICALLY FROM OR ON BEHALF
OF A MUNICIPAL SERVICE TAXING UNIT,
SPECIAL DISTRICT, UNINCORPORATED AREA,
SERVICE AREA OR PROGRAM AREA, OR BY
ANY OTHER LAWFUL METHOD, DURING THE
1982 -83 FISCAL YEAR; AND FOR OTHER
PURPOSES.
WHEREAS, Section 125.01(6)(a), Florida Statutes (1979),
establishes the method and procedure by which the governing body of
a municipality may petition the Board of County Commissioners to
develop an appropriate mechanism to finance services, programs and
activities for the ensuing fiscal year rendered specially for the
benefit of the property or residents in unincorporated areas and
financed from county -wide revenues; and
WHEREAS, Section 125.01(7), Florida Statutes (1979),
prohibits the use of county revenues to fund any service or project
provided by the county where no real and substantial benefit accrues
to the property or residents within a municipality or municipalities
except county revenues derived specifically from or on behalf of a
municipal service taxing unit, special district, unincorporated area
service area or program area; and
WHEREAS, the Town Commission of the Town of Gulf Stream,
a municipality within Palm Beach County, Florida, hereby petitions
the Board of County Commissioners of Palm Beach County to develop an
appropriate mechanism to finance the activities and services identi-
fied herein of the Town of Gulf Stream either by taxes, special
assessments, or service charges levied solely upon residents or
property in the unincorporated areas of Palm Beach County, by the
establishment of a municipal service taxing or benefit unit pursuant
to Section 125.01(1)(q), Florida Statutes, or by remitting to the
Town of Gulf Stream the identified cost of said services paid by the
taxes levied upon property situate within the Town of Gulf Stream;
and
WHEREAS, the Board of County Commissioners of Palm Beach
County is now engaged in activities preparatory to the adoption of
its budget for the 1982 -83 fiscal year; and
WHEREAS, the Town of Gulf Stream, Florida, has, and does
hereby find and determine that the services described in Section 1
below, now financed from county -wide revenues are rendered speci-
fically for the benefit of the propery or residents in the unincor-
porated areas and the property owners in the Town of Gulf Stream
receive no real or substantial benefits from said services,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, as follows:
Section 1. That the Town Commission of the Town of Gulf
Stream, Palm Beach County, Florida, pursuant to Section 125.01(6)(a)
Florida Statutes (1979), does hereby petition the Board of County
Commissioners of Palm Beach County, Florida, to remit to the Town
of Gulf Stream the identified cost of the activities and services
set forth below paid by the taxes levied upon property situate
within the Town of Gulf Stream for the 1978 -79, 1979 -80, 1980 -81
and 1981 -82 fiscal years, said activities and services being render
specially for the benefit of the property or residents in unincor-
porated areas of Palm Beach County and of no real or substantial
benefit to the property in or residents of the Town of Gulf Stream,
as follows:
1. Law enforcement rendered through the Sheriff's
road patrol and detective divisions including the
overhead, communications and administration related
thereto.
2. Construction and maintenance of neighborhood
parks and recreation areas.
3. All services for the construction and mainte-
nance of County roads and bridges not on the
classified county road system including but not
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limited to: (a) engineering, road and bridge
administration services, designs and land acqui-
sitions; (b) streets signs, traffic signs,
striping, signal installations, operation
and maintenance.
4. Erection and maintenance of street identi-
fication signs.
5. Operation of the County Planning, Zoning
and Building Department.
6. Construction and maintenance of subdivision
street system.
7. Maintenance of shellrock roads.
8. Installation and maintenance of street
lighting systems.
9. Construction and maintenance os storm
drainage systems.
10. Administration of solid waste collection
systems.
11. Administration of fire control tax districts.
12. Fire prevention code enforcement and fire
control.
13. Administration of land development programs.
14. Planning, acquisition, construction, maintenance
and operation of water and sanitary sewer utility
systems.
15. General administration for the County Commission
including, but not limited to, the County Commission,
County Attorney, County Administrator, Radio Communi-
cations System, and Finance Office.
16. Rural lot cleaning program.
Section 2. That the Town Commission of the Town of Gulf
Stream, Palm Beach County, Florida, further petitions the Board of
County Commissioners of Palm Beach County pursuant to Section
125.01(6)(a) and (7), Florida Statutes (1979), to finance the
activities, programs and services set forth in Section 1 of this
Resolution by taxes, special assessments or service charges levied
or imposed solely upon residents or property in the unincorporated
area of Palm Beach County; by the utilization of one or more muni-
cipal service taxing units to levy ad valorem taxes specifically
upon property in the unincorporated area of Palm Beach County to
finance those activities and services during the 1982 -83 fiscal
year; or by remitting the identified cost of service paid from
revenues required to be expended on a countywide basis to the Town
of Gulf Stream, within six (6) months of the adoption of the county
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budget, in the proportion that the amount of County revenues
collected within the Town of Gulf Stream bears to the total amount
of countywide revenues collected by the county, or by any other
method prescribed by state law.
Section 3. That the Town Clerk shall file a certified
copy of this Resolution with the Palm Beach County Clerk and shall
have hand delivered a copy to each of the County Commissioners of
Palm Beach County, the County Administrator and the County Attorney.
PASSED AND ADOPTED this qt.h day of April , 1982.
ATTEST;
Town Clerk
D ,CONS'TITUTING THE TOWN
k
ISSION OF THE TOWN OF
GULF STREAM, FLORIDA
ME
"Section IIIA - "RM -1 Limited Multiple- Family
Residential District."
B. Section IIIA(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
pertaining to the "RS" Residential Single -
Family District and the "RM" Multiple -
Family Residential District shall apply.
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- Family Residential
District."
B. Section IV(A) is hereby amended to read as follows:
"(1) Any use permitted in the "RS" Residential
Single - Family District."
"(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."
D. Section IV(B)(2) is amended to read as follows:
"Multiple family structures shall not exceed
four stories to a maximum height of fifty (50
ft.) feet."
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.
F. 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.
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G. Section IV(E)(1) is hereby amended to read as follows:
"(E) Rear Yard Required:
(1) There shall be a rear yard of at least
twenty -five (25 ft) feet.
H. Section IV(F)(1) is hereby amended to read as follows:
"(F) Building Site Area:
(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 one
dwelling unit and for each one family resi-
dential dwelling. For each additional
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
(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:
(3) Exceptions:
(a) On Curving streets
required frontages
by forty (40 %) per
center line radius
street is one hund
less.
and cul -de -sacs, the
of lots may be reduced
cent provided that the
of the adjacent public
red (100 ft.) feet or
(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
MM
or calling. Any such use is hereby declared
to be a violation of the provisions of this
Ordinance."
M. Section IV(H)(1) is amended to read as follows:
"(H) Parking Regulations:
(1) Where a lot is occupied by a multiple,
family residential dwelling, there shall
be provided accessible parking space on
the lot or land parcel, either garage or
or surfaced area, adequate to accommodate
three (3) cars for each one (1) dwelling
unit."
Section 6. Section V -- Business district is hereby
repealed and eliminated in its entirety. Only residential dwellings
of a single or multi - family nature are allowed in the Town of Gulf
Stream, Florida.
Section 7. Section VA -- Outdoor Recreational District is
hereby amended as follows:
A. The title to said Section VA is hereby amended to
read as follows:
"Section V. "OR " -- Outdoor Recreational District."
B. Section V(B)(2) is hereby amended to read as follows:
"(2) Club facilities for recreational and social
purposes."
C. Section V(D)(1) is hereby amended to read as follows:
"(D) Front Yard Required:
(1) There shall be a front yard of not less than
fifty (50 ft.) feet in depth measured from any
adjoining street. Notwithstanding these provi-
sions, 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.
D. Section V(E)(1) is hereby amended to read as follows:
"(E) Side Yard Required:
(1) There shall be side yards of not less than
twenty -five (25 ft.) feet measured from adjoining
lot line.
E. Section V(F)(1) is hereby amended to read as follows:
"(F) Rear Yard Required:
(1) There shall be a rear yard having a depth
of not less than twenty -five (25 ft.) feet.
Section 8. Section VI. General Provisions is hereby
amended as follows:
A. Section VI(A), (B), (C) and (D) are hereby repealed
and eliminated in their entirety from the Zoning Ordi-
nance.
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B. Section VI(E) is hereby amended as follows:
"(A) No structure shall be constructed in the
Town of Gulf Stream prior to the issuance of
a permit by a building inspector acting on
behalf of or as an agent of the Town."
C. Section VI(F) is hereby amended to read as follows:
"(B)(1) The use of any residential dwelling,
within any zoning district of the Town, by
a larger number of persons than such property
or residence is zoned for or designated to
accommodate, is hereby declared to be a viola-
tion of this Ordinance.
(2) It shall be unlawful for the owner,
lessee or other person in the possession or
control of any property within any zonincr
district of the Town to permit said property
to be used for the purpose of holding
conventions or entertaining a larger number
of persons than such property or residence
is zoned for or usually accommodates."
D. Section VI(G) is hereby amended to read as follows:
"(C) The erection, display and maintenance of
a sign on any property or building within the
Town of Gulf Stream is prohibited except the
following, which are permitted:
(a) Signs required by the Town of Gulf
Stream or other governmental agencies
where required by law and those which
are necessary and incidental to the
performance of governmental activities
and responsibilities.
(b) Signs required by a club, as defined
in this Ordinance, designating and naming
the Club as well as those signs providing
notice to the public designed to prevent
trespassing and /or the use of the Club's
property by persons other than those
authorized by said club.
(c) Signs required by owners of private
property including their agents and
contractors shall be limited to:
1. The business of real estate brokers.
2. The identification of the contractor
and their building or renovation activities
only in relation to such activities as is
being conducted on the particular property
on which the sign is to be erected,
displayed and maintained.
(d) Owners of private property may erect,
display and maintain a sign identifying his
name or ownership, entrance and exit roads
and street number identifying said property.
No sign offering any property for sale
or rent permitted herein shall exceed two
(2 sq. ft.) square feet in total dimension
SM
and any such sign shall be removed within
forty -eight (48) hours of the sale or rental
of the property. Any other sign permitted
herein shall not exceed a dimension of six
(6 aq. ft.) square feet. Any sign erected,
displayed or maintained in violation of
this Section shall constitute a violation
of this Ordinance.
E. No carports shall be erected or permitted within
any zoning district in the Town.
Section 9. Section VII - -Non- Conforming Uses, is hereby
amended to provide that references to residence district "A" and
apartment and residence district "C" be amended to reference "RS"
Residential Single - Family District and "RM" Residential Multiple -
Family District, and RM -1 Limited Multi- Family Residential District.
Ifollows:
Section 10. Section X -- Plats, is hereby amended as
A. All references in Section X to Residence District "A"
and Apartment and Residence District "C" shall be amended
to reference "RS" Residential Single- Family District and
"RM" Residential Multiple - Family District, respectively.
B. Section X(A) is hereby amended at the second para-
graph to read as follows:
"(A) All plans, re- plans, plats or re -plats of lands
hereafter laid out within any area of the Town
located in "RS" Residential Single- Family District,
or in "RM" Residential Multiple- Family District
shall provide for lots or tracts of land having a
frontage of at least one hundred (100 ft.) feet on
a dedicated street, road or avenue, and a land
area of at least twenty thousand (20,000 sq. ft.)
square feet for each lot or tract shown on said
plat."
C. Section X(B) is hereby amended to read as follows:
"Each application for a building permit shall
be accompanied by a plat, in duplicate, drawn
to scale, showing the actual dimensions of the
lot to built upon, the size, shape and location
of the building to be erected, and such other
information as may be necessary to provide for
the enforcement of this Ordinance. All building
permits for new construction, and for repairs,
and re- modeling of existing buildings, which
will require the expenditure of FIVE THOUSAND
($5,000.00) DOLLARS or more, the plans and
specifications for such new building and such
repairs and re- modeling shall bear the signature
of an architect registered in the State of
Florida, and in good standing with his State Baord,
and all other requirements of the Town's Code
of Ordinances, relating to the issuance of building
permits, shall be complied with. A record of such
application and plat shall be kept in the office of
the Building Inspector. Where application is made
to enlarge an existing non - conforming use, the
application shall be accompanied by an affidavit
giving the description of the premises owned at the
date of the passage of this Ordinance.
Section 11. Section XI -- Interpretation, Purpose and
Conflict, is hereby amended at all subparagraphs thereof as follows:
A. To change references made to Residence District "A"
and Apartment and Residence District "C" to "RS" Residen-
tial Single- Family District and "R-M" Residential Multiple -
Family District, and RM -1 Limited Residential Multi- Family
District.
B. Section XI(C) is hereby repealed and deleted in its
entirety from the Zoning Ordinance.
Section 12. If any section, paragraph, clause, phrase
or term of this Ordinance be declared invalid, the same shall not
operate to invalidate any other provisions.
Section 13. This Ordinance shall be codified and made a
part of the official Code of Ordinances of the Town of Gulf Stream,
Florida.
Section 14. That this Ordinance shall be in full force
and effect from and after its passage and approval according to
law.
PASSED AND ADOPTED ON 2nd READING THIS 8th DAY OF
January 1982.
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MAYOR
TTEST
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Town Cle /
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