HomeMy Public PortalAboutORD 91/02NO. 91/2
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA, AMENDING
ORDINANCE NUMBER 83-1 OF THE TOWN OF GULF
STREAM, AS AMENDED, THE OFFICIAL ZONING
ORDINANCE OF THE TOWN, AT SECTION X (GENERAL
PROVISIONS) SO AS TO AMEND THE APPLICATION
CONTENT REQUIREMENTS IN THE SITE PLAN REVIEW
PROCESS AND TO AMEND THE STANDARDS OF REVIEW
BY THE TOWN COMMISSION IN THE SITE PLAN
APPLICATION PROCESS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, FLORIDA, AS FOLLOWS:
Section 1. That Section X (General Provisions) Part II,
Subsection M of the Zoning Ordinance of the Town of Gulf Stream,
Florida, Ordinance No. 83-1, as amended, is hereby amended to read
as follows:
M. Site Plan Review; Prerequisite to Building Permit Issuance.
1. Site Plan Review. By the terms of this Ordinance,
all permitted and accessory uses in all zoning
districts; all special exception uses as approved
by the Town Commission; and uses or construction
lying, partially or entirely in special flood
hazard areas, shell:
a. Require site plan review;
b. Conform to all minimum requirements of
this Ordinance and any other applicable
laws and regulations;
C. Be compatible to the intent of the zone
district wherein it is proposed to be
located and compatible with adjacent land
uses;
d. Not be issued a building permit for the
purpose of erecting, altering or
converting any structure or building, or
any part thereof, or for altering the use
of any land until after the Town
Commission shall approve the site plan in
accordance with this Section.
2. Pre -Application Meeting. A pre -application meeting
called by the Building Official between appropriate
Town Officials, the land owner or representative,
and other entity representatives deemed
appropriate, shall be required, prior to
application submittal for site plan review to
assure proper coordination, intention, and
understanding in the development of land and
buildings and to consider compliance with
applicable Town regulations.
3. Application Content. Applications for site plan
review shall be filed with the Building Official or
other designated Town Official and shall include
those of the following information items that are
applicable.
a. Statements of ownership and control of
the subject property.
b. Statement describing in detail the
character and intended use of the
property.
C. General location map, showing relation of
the site for which site plan approval is
sought to major streets, schools,
existing utilities, important physical
features in and adjoining the project,
and the like.
d. Two (2) copies of a site plan containing
the title of the project and the names of
the architect, engineer, project planner
and/or developer, date, and north arrow,
and based on an exact survey of the
property drawn to a scale of sufficient
size to show:
1. Boundaries of the project, any existing
streets, buildings, water courses,
easements, and section lines;
2. Exact location, use, height, and bulk of
all buildings and structures;
3. Access and traffic flow and volume, and
how vehicular traffic will be separated
from pedestrian and other types of
traffic;
4. Off-street parking areas;
5. Recreation facilities locations;
6. All screens and buffers;
7. Refuse collection areas;
8. Access to utilities and points of
utilities' hookups, and locations of all
water hydrants close enough for fire
protection;
9. Tabulations of total gross acreage in the
project and the percentages thereof
proposed to be devoted to the various
uses, ground coverage by structures and
impervious surface coverage;
10. Tabulations showing the derivation of
numbers of off-street parking spaces and
total project density in dwelling units
per acre, if applicable.
11. Location and extent of wetlands located
location and extent of restored or new
Stream.
e. If common facilities (such as recreation
areas or structures, common open space,
etc.) are to be provided for the
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development, statements as to how such
common facilities are to be provided and
permanently maintained. Such statements
may take the form of proposed deed
restrictions, deeds of trust, surety
arrangements, or other legal instruments
providing adequate guarantee to the Town
that such common facilities will not
become a future liability for the Town.
f. Storm drainage and sanitary sewage plans.
g. Architectural elevations for buildings in
the development, exact number of units,
sizes and types, together with typical
floor plans of each type.
h. Landscaping plan, including types, sizes
and locations of vegetation and
decorative shrubbery, and showing
provisions for irrigations systems.
i. Plans for signs, if any.
j. Plans for recreation facilities, if any,
including buildings and structures for
such use.
k. Plans for the extraction of fill and
mineral resources and alterations or
modifications to the slope, elevation,
drainage patterns, natural vegetation and
accessibility of the development.
1. Such additional data, maps, plans or
statements as may be required by the Town
for the particular use or activity
involved including impacts on affected
community facilities and services created
by the development.
M. Such additional data as the applicant may
believe is pertinent to the site plan.
n. If development is to occur in phases
those phases should be clearly delineated
on the site plan and identified in the
plans and requirements appurtenant to
that site plan, and each development
phase shall be subject to site plan
review by the Town.
o. The substance of covenants, grants of
easement or other restrictions proposed
to be imposed upon the use of the land,
buildings and structures including
proposed easements or grants for public
utilities, if applicable.
p. A statement from the landowner that the
submitted site plan is consistent with
the goals, objectives, and all other
provisions of the Town Comprehensive
Development Plan and further, that the
projected use is specifically authorized
by development ordinances and
regulations. Said statement to include,
but not limited to, specific reference to
those sections of the Comprehensive Plan
relating to the proposed development.
q. Items listed above in the Application
Content which require the preparation of
architectural or engineering drawings
shall be prepared and certified by an
engineer or architect registered in the
State of Florida. Site plans and plans
and requirements appurtenant to site
plans shall be prepared by a registered
surveyor, engineer, architect or
landscape architect, or a practicing land
planner, as may be appropriate to the
particular item.
r. Any item submitted as part of the
Application Content, which requires
modification at any time during the site
plan review process by the Town, may be
so modified without resubmittal of an
entirely new application provided,
however, that said modification is
approved by the Building official and
Town Commission and is determined to be
consistent with the terms and intent of
this Section and the zoning district in
which the site is located.
4. Application Process. Applications for site plan
review shall adhere to the following procedures and
requirements.
a. Review by the Building Official or other
Town designee and the Town Architectural
Review and Planning Board. The Building
Official or designee shall review the
submitted site plan, and plans and
requirements appurtenant to the site
plan, to insure compliance with the
applicable site, use, and regulations,
and all other technical requirements. If
the application is deemed to be at
variance with such regulations and
requirements by the Building official or
designee, and/or requires the approval of
a special exception, further action on
the site plan review shall be stayed
until such variance or special exception
is resolved. If the application is
deemed by the Building Official or
designee to be in compliance with such
regulations and requirements, the
application and all exhibits, together
with the reports of the Building Official
or designee concerning such compliance,
shall be submitted to the Town
Architectural Review and Planning Board
for their review and recommendation to
the Town Commission within twenty (20)
working days from the date of
application.
b. Review by the Town Commission. Within
thirty (30) days of receipt of the
application from the Architectural Review
and Planning Board, the Town Commission
shall review, consider, and act upon said
application. Before any site plan and
plans and requirements appurtenant to the
site plan shall be approved, approved
with changes, or denied, the Town
Commission shall make a finding that the
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approval of the application will or will
not adversely affect the public interest,
and certify that the specific zoning
requirements governing the individual use
have or have not been met and that,
further, satisfactory provision and
arrangements have or have not been made
concerning the following review
standards, where applicable:
1. Sufficient of statements on ownership and
control of the subject property and
sufficiency of conditions of ownership of
control, use, and permanent maintenance
of common open space, common facilities,
or common lands to insure preservation of
such lands and facilities for their
intended purpose, and to insure that such
common facilities will not become a
future liability for the Town.
2. Ingress and egress to the property and
the proposed structures thereon, with
particular reference to automotive and
pedestrian safety, separation of
automotive traffic, traffic flow volume
and control, provision of services and
servicing of utilities and refuse
collection, and access in case of fire,
catastrophe, or emergency.
3. Location and relationship of off-street
parking and off-street loading facilities
to thoroughfares and internal traffic
patterns within the property, with
particular reference to automotive and
pedestrian safety, traffic flow volume
and control, access in case of fire or
catastrophe, and screening and
landscaping.
4. Proposed screens and buffers to preserve
internal and external harmony and
compatibility with uses inside and
outside the property boundaries.
5. Manner of drainage and runoff control on
the property, with particular reference
to the effect of provisions for drainage
on adjacent and nearby properties and the
consequences of such drainage on overall
Town capacities.
6. Utilities with reference to hook -in
locations, and availability and capacity
for the uses projected.
7. Recreation facilities and open spaces, if
any, with attention to the size,
location, and development of the areas as
to adequacy, effect on privacy of
adjacent and nearby properties and uses
within the property, and relationship to
community -wide open spaces and recreation
facilities.
8. Layout of buildings, structures and
parking which effectively utilize the
natural features, topography, drainage
patterns and vegetation of the site.
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9. Irrigation systems have been provided.
10. Consult the environmental elements,
factors, and text of the Town
Comprehensive Development Plan prior to
commitment of resources for potential
development to assure appropriate
environmental factors have been
considered and adhered to.
11.
The proposed site plan and
development
will not have an adverse
effect upon
adjacent properties.
12.
The proposed site plan and
development
will not place undue burden
on municipal
services.
13.
The proposed site plan and development is
consistent with the goals,
objectives,
and other provisions of
the Town
Comprehensive Development
Plan and
development ordinances and regulations.
14.
In the case where wetlands have been
development, and where alterations of
wetlands is necessary in order to allow
Protection Ordinance of the Town of Gulf
Stream.
15. Such other standards as may be imposed by
these zoning regulations for the
particular use or activity involved, or
any other reasonable conditions or
safeguards deemed appropriate by the Town
Commission.
C. Action by Town Commission. After review,
the Town Commission shall grant approval
with conditions or deny the application
and direct the Building Official or other
designee to approve or withhold approval
of the building permit.
d. Time. A building permit must be applied
for within twelve (12) months of the date
of the site plan approval or the approval
shall be nullified. In the case of a
site plan which provides for development
phases over a period of years, the Town
Commission shall set forth time within
which application for building permits
are not filed within the required times,
the approval shall terminate and be
deemed null and void unless such time
period is extended by the Town Commission
upon written request of the land owner.
e. Application Fee. To cover all
administrative costs incurred by the Town
in the site plan review process, the
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applicant shall pay a fee of one hundred
dollars ($100.00) at the time of the site
plan review application submittal. The
applicant shall also pay any additional
costs incurred by the Town as a result of
processing the application or hearing and
deciding upon the submitted site plan.
Said additional costs shall be paid to
the Town by the applicant prior to the
issuance of a certificate of occupancy
for any development upon any land or
portion thereof included in the site
plan.
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. Codification.
This ordinance shall be codified and made a part of the
Official Code of Ordinances of the Town of Gulf Stream.
Section 4. Repeal of Conflicting Ordinances.
All ordinances or sections of ordinances in conflict herewith
are hereby declared repealed.
Section S. 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 assembled
on first reading this 7th day of _January , 1991 and on second
and final reading this 21s1- day of Januar_, 1991.
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TOWN CLERK
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