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HomeMy Public PortalAboutORD 91/12ORDINANCE NO. 91/12 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN, ORDINANCE NO. 83-1, AS AMENDED, BY AMENDING SECTION XIV OF THE ZONING CODE RELATING TO TOWN PLANNING BOARD; CHANGING THE NAME OF SAID BOARD TO ARCHITECTURAL REVIEW AND PLANNING BOARD; PROVIDING FOR COMPOSITION OF THE COMMISSION, COMPENSATION, QUALIFICATIONS, TERM, REMOVAL AND RULES; PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; 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 official Zoning Ordinance of the Town of Gulf Stream, Ordinance No. 83-1, as amended, is hereby amended at Section XIV of the Zoning Code relating to Town Planning Board as follows: "SECTION XIV - ARCHITECTURAL REVIEW AND PLANNING BOARD A. Created; Composition; Compensation; Qualifications; Term; Removal; Rules. 1. There is hereby created an Architectural Review and Planning Board which shall be composed of five (5) members, who shall serve without compensation, all of whom, except the member who is an architect, shall be permanent residents of the Town of Gulf Stream. At least one (1) of the regular members of the Commission shall be a registered architect, active or retired, in the State of Florida. The members of the Architectural Review and Planning Board shall be appointed by the Town Commission and each member shall serve for a term of three (3) years. Members of the Architectural Review and Planning Board serve at the pleasure of the Town Commission and may be removed from office by the Town Commission for any reason, without cause. The Architectural Review and Planning Board shall have power to adopt its own rules of procedure, and to make regulations for the submission to it of all matters within its jurisdiction. Three (3) members of the Commission shall be sufficient to constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. 2. Alternate Members of Commission. The Town Commission may in its discretion appoint two alternate members of the Architectural Review and Planning Board who shall serve when called upon by the Chairman of the Commission in the absence of any regular Commissioner. 1 B. Powers and Duties. 1. The powers and duties of the Architectural Review and Planning Board shall be advisory to the Town Commission and no right or claim in favor of any person or party to any proceeding shall accrue by reason of any action of the Architectural Review and Planning Board. 2. The Architectural Review and Planning Board shall review and report to the Town Commission regarding any applications for special exceptions, variances, building permits, site plan reviews, subdivisions, rezonings, proposed ordinance changes or amendments, matters relating to the comprehensive plan and matters relating to the general area of town planning and the needs of the Town in connection therewith as provided for herein or through referral by the Town Commission. In addition thereto, the Architectural Review and Planning Board shall serve as an architectural review commission using the criteria set forth herein. In its review, the Architectural Review and Planning Board shall give consideration to the following factors: a. Review considerations regarding special exceptions, variances, building permits, site plan reviews, subdivisions and rezonings. 1. The relationship of the proposal to the purposes and objectives of the Town's Comprehensive Plan and to the adopted Land Use Plan, with appropriate consideration as to whether or not the proposed change will further the purposes of this and other codes, regulations, and actions designed to implement the adopted Land Use Plan. 2. Whether the proposal is or is not contrary to the established land use pattern. 3. Whether the proposal would or would not alter the population density pattern and thereby adversely impact public facilities such as utilities, streets and the like. 4. In addition to (1) through (3) above, the following factors shall be considered for proposed zoning amendments: (a) Whether the existing district boundaries are logically drawn in relation to existing conditions on the property proposed for change. (b) Whether changed or changing conditions make the adoption of the proposed amendment necessary. 2 (c) Whether or not the change suggested is out of scale with the needs of the neighborhood or the Town. (d) Whether or not the proposed zone change will be likely to have an adverse effect on the existing natural environment and property values in the neighborhood. 5. In regard to applications for variances and special exceptions, the Architectural Review and Planning Board shall apply the same criteria to be applied by the Town Commission as set forth in this Zoning Code. b. Architectural Review. In reviewing applications for building permits, the Architectural Review and Planning Board may recommend approval, approval with conditions, or disapproval of the issuance of the building permit after consideration of whether the following criteria are complied with: 1. The plan for the proposed building or structure is in conformity with good taste, good design, and in general contributes to the image of Gulf Stream as a place of beauty, spaciousness, balance, taste, fitness, charm and high quality. 2. The proposed building or structure is not in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment to materially depreciate in appearance and value. 3. The proposed building or structure is in harmony with the proposed developments on land in the general area, with the Comprehensive Plan for Gulf Stream, and with any precise plans adopted pursuant to the Comprehensive Plan. 4. The proposed building or structure is not excessively similar to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same or intersecting public or private way and within two hundred (200) feet of the proposed site in respect to one or more of the following features of exterior design and appearance: (a) Apparently visible identical front or side elevations, (b) Substantially identical size and arrangement of either H doors, windows, porticos or other openings or breaks in the elevation facing the street, including reverse arrangement, or (c) Other significant identical features of design such as, but not limited to, materials, roof line and height or other design elements. The proposed building or structure is not visibly excessively dissimilar in relation to any other structures existing or for which a permit has been issued or to any other structures included in the same permit application in respect to one or more of the following features: (a) Cubical contents, (b) Gross floor area, (c) Height of building or height of roof, or (d) Other significant design features such as materials, color or quality of architectural design. 6. The proposed building or structure is appropriate in relation to the established character of other structures in the immediate area or neighboring areas with respect to significant design features such as material, color or quality or architectural design as viewed from any public or private way. 7. The proposed development is in conformity with the standards of this code and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved. The project's location and design adequately protects unique site characteristics such as those related to scenic views, rock outcroppings, natural vistas, waterways and similar features. 3. On its own initiative, the Architectural Review and Planning Board may procure information and other data including, but not limited to, scale models and photographs of other structures within 1,000 feet of the applicant's property, and make recommendations to the Town Commission with regard to any of the matters referenced herein, and may further convey to the Town Commission any suggestion or complaints relating thereto submitted to them by any resident of the Town in regard to all matters pertaining to their jurisdiction. 4 The Town Commission may take such action as it may deem fit with respect to the recommendations of the Architectural Review and Planning Board. Review by the Town Commission shall use the same criteria as set forth herein in addition to other criteria established in other sections of this code. 4. In the conduct of any investigation of any matter referred to it by the Town commission, or in regard to other matters relating to its jurisdiction, the Architectural Review and Planning Board shall be authorized to require submission to it of the same documentation, evidence and other information as the Town Commission might require if acting directly on the matter. C. Review of Proposed Zoning Amendments. 1. In regard to proposed amendments to the Town's Zoning Ordinance, or Zoning Map, the Architectural Review and Planning Board shall review and make recommendations to the Town Commission within forty-five (45) days of a proposed amendment being submitted to the Town. If a recommendation is not made within the time provided, then the Town Commission may act on the petition without hearing by the Architectural Review and Planning Board." Section 2. Any and all references in the Town Zoning Ordinance relating to the Town Planning Board shall be amended so as to reference the Architectural Review and Planning Board. Section 3. The Zoning Ordinance is hereby amended to provide that the Town Commission shall be designated as the local planning agency. In accordance with Chapter 163.3161, Florida Statutes, any proposed land development code, land development regulation or amendment thereto shall be considered by the Town Commission serving as the local planning agency. Said Commission shall review and make recommendations as to the relationship of proposal to the adopted Gulf Stream Comprehensive Development Plan. Section 4. 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 5. Repeal of Ordinances in Conflict. G� 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 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. 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 7th day of January , 1991, and for a second and final reading on this2lst day of January , 1991. ATTEST: TOWN CLE JCR\13147-01\ARCHREV.ORD 1\8\91 51 COMMISSIONTOWN ,