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Home My Public Portal AboutORD 91/16NO. 91/16 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 83-1, THE OFFICIAL ZONING ORDINANCE OF THE TOWN, AS AMENDED, BY ESTABLISHING AN OVERLAY DISTRICT KNOWN AS THE NORTH OCEAN BOULEVARD DISTRICT WITHIN THE "RS", "RM" AND "OR" ZONING DISTRICTS OF THE TOWN; PROVIDING FOR REGULATIONS WITHIN SAID DISTRICT; PROVIDING A PROCEDURE FOR APPLICATION FOR PERMITS; PROVIDING FOR CERTAIN PROHIBITIONS; PROVIDING FOR COMPLIANCE WITH THE TOWN'S COMPREHENSIVE PLAN; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, AlA (North Ocean Boulevard) through the Town of Gulf Stream is one of the earliest, most scenic and most important north -south highways in Palm Beach County, running its entire length along the oceanfront, paved and officially open in 1916 for the twenty-six mile distance from Palm Beach to Delray, its southernmost point at that time; and WHEREAS, AlA between Pelican Lane and Sea Road, with its tree - lined canopy is the main corridor through the Town of Gulf Stream, established in 1925. The success of the 1924 Addison Mizner-design Gulf Stream Golf Club and the Gulf Stream Polo Club, are responsible for the growth and development of the Town which became known as the "Winter Polo Capital of the World" and the "Birthplace of Florida Polo"; and WHEREAS, much of the tropical flora lining AIA in Gulf Stream was provided by one of the finest plant nurseries in the state, located at the Polo Club, and as part of the comprehensive road and landscape plan designed in the early 19201s. Thousands of royal palms, hibiscus, crotons, coconut trees, oleanders and Australian pines were planted, many of which still remain and which having matured for over sixty-five years create the beauty and repose sought by the founders of the Town; and WHEREAS, AIA in Gulf Stream is lined by many early homes, many designed in the Spanish -Mediterranean revival style popular in the 1920's and the British colonial style by architects such as Marion Sims Wyeth, John Volk,, Maurice Fatio and Howard Major; and 1 WHEREAS, A1A between Pelican Lane and Sea Road maintains its original character and appearance in greater contrast to other more modern highways and roads in Palm Beach County, providing a visible and tangible reminder of the heritage of Gulf Stream and representing a link with the past of southern Florida which, once destroyed could never be restored; and WHEREAS, it is in the interest of the public welfare of the Town that the AIA historic corridor beginning at Sea Road on the north and extending to Pelican Lane on the South be preserved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Ordinance Number 83-1, the Official Zoning Ordinance of the Town of Gulf Stream, Florida, as amended, is hereby amended by including therein the following provisions: Section 1. Creation of Overlay District -North Ocean Boulevard Overlay District. An overlay district, known as the North Ocean Boulevard Overlay District, is hereby created within the RS, Residential Single -Family District, the RM, Multiple Family Residential District, and the OR, Outdoor Recreational District, for that area within the Town of Gulf Stream beginning at Sea Road on the north and extending to Pelican Lane on the south; extending fifty feet (501) east and west from the east and west boundaries of the right- of-way of AlA (North Ocean Boulevard), said overlay district to include said right-of-way. Section 2. Regulations Within North Ocean Boulevard Overlay District• Permit Required• Application Reauirements; Mitigation. The following provisions shall apply within the North Ocean Boulevard Overlay District herein created: A. Removal, modification, or addition of significant landscape features is prohibited, without a permit, except for the removal and replacement of dead or diseased trees and vegetation and that which is a result of maintenance of plant materials including lawn care, 2 pruning and accepted horticultural practices. For the purposes of this section, significant landscape features shall include, but not be limited to, trees having a caliper of four inches or greater, masonry walls, ornamental hedges, ornamental shrubs, berms, columns, gates, fences, driveways, or other structures within the North Ocean Boulevard Overlay District. B. Application for a landscape disturbance permit shall be made in writing by the owner, or the owner's authorized agent to the Building Administrator of the Town, and shall include the following: 1. A statement describing the extent and reason for the intended disturbance. 2. Sufficient photographs of the site and of adjoining properties as viewed from the public right-of-way of North Ocean Boulevard. 3. A plan, drawn to scale, showing the area to be disturbed with respect to existing and proposed buildings, driveways, setbacks, street and lot lines, and showing the significant landscape features to be removed, modified or altered. The plan shall also show the location, type and size of any proposed plantings and/or structures within the area to be disturbed. C. The landscape disturbance permit application containing the required information shall be filed with the Town in the same manner and be acted upon in the same manner as is required by the Town for Site Plan Review. However, there shall be no charge for a permit for those seeking authorization for removal, modification or destruction. A permit shall be approved where the Town finds that the disturbance will neither destroy nor seriously impair desirable visual relationships among buildings, landscape features and open space, nor introduce incompatible landscape features or plant material that destroy or 3 impair significant views or vistas within the North Ocean Boulevard Overlay District. D. In the event a landscape disturbance permit is granted, the Town Commission may require mitigation as a condition of the granting of such a permit. Mitigation shall be in a form and manner directed by the Town Commission which may require the replacement of significant landscape features elsewhere on the property within the North Ocean Boulevard Overlay District in a manner so as to cause the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District. Mitigation, for example, may require the planting of canopy trees or the installation of other significant landscape features. E. Within the North Ocean Boulevard Overlay District the following regulations and prohibitions shall apply: 1. Only one (1) driveway cut per buildable lot shall be allowed, the driveway to be situated in a manner so as to require the least disturbance of significant landscape features. 2. Signs shall be prohibited within the North Ocean Boulevard Overlay District, except the following: (a) Official road signs, including traffic control devices, erected by the Department of Transportation or by the Town of Gulf Stream having jurisdiction over the portion of the North Ocean Boulevard Overlay District involved. (b) Address signs and signs designating the name or the owner of an estate or the name of a condominium or club and signs necessary to designate entrances and exits. (c) Signs not visible from North Ocean Boulevard. (d) Real estate signs which are in conformance with the existing sign code. G! 3. The alteration or expansion of the physical dimensions or location of North Ocean Boulevard within the overlay district. This prohibition shall not preclude ordinary maintenance and repair. 4. The provisions of this Ordinance shall not restrict the trimming or removal of vegetation by utilities where said trimming or removal is deemed necessary by the utilities for the maintenance and protection of utilities located within the corridor. Section 3. Compliance with Comprehensive Plan The Town Commission has determined that this Ordinance is in compliance with the Comprehensive Development Plan of the Town of Gulf Stream. Section 4. Penalty. The penalty for failure to comply with the conditions of this ordinance shall be in accordance with the general penalty section of the Code of Ordinances of the Town of Gulf Stream. In addition thereto, in the event a person or entity conducts the activities addressed herein without having obtained a permit from the Town Commission, the work being conducted may be immediately stopped by the Town's Building Official and a permit shall be obtained. No permit shall be granted by the Town for any work within the Town until the person or entity violating the provisions of this ordinance shall have mitigated the damages caused to the satisfaction of the Town Commission in the same manner as mitigation would be addressed by the applicant for a permit as set forth herein. Section 5. 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. E Section 6. 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 7. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. 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 on first reading this 7th day of October final reading on this 21st day of /'oA? MAY( ATTEST: TOWN CLERK JCR\13147-01\A1AC0RRI.0RD �. , 1991, and for a second and October , 1991. TOWN COMMISSION