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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 F 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 4 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. 5 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 71 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. r.vwQDMNF TOWN CLERK PAM\13147-1\SITEPLAN.0RD 1\8\91 7 g �� —*ffilo0y) J COMMISSION