HomeMy Public PortalAbout0RD 95/02NO. 95/2
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, PURSUANT TO CHAPTER 163.3161, ET
SEQ., FLORIDA STATUTES, ADOPTING CERTAIN
AMENDMENTS TO THE TOWN OF GULF STREAM
COMPREHENSIVE PLAN ADOPTED JULY 7, 1989, AS
AMENDED, BY AMENDING THE FUTURE LAND USE
ELEMENT BY INCLUDING A SUPPLEMENT TO THE TEXT
OF THE ELEMENT TO IDENTIFY CERTAIN PROPERTIES
IN THE TOWN OWNED BY THE FLORIDA INLAND
NAVIGATION DISTRICT AS MATERIALS MANAGEMENT
AREAS; TO REVISE THE PUBLIC "P" FUTURE LAND
USE CATEGORY TO INCLUDE MATERIALS MANAGEMENT
AREAS AS A PERMITTED USE; AND SO AS TO
INCORPORATE THE TOWN OF GULF STREAM DESIGN
MANUAL AND THE FINDINGS AND GOALS OF THE 1994
COMMUNITY CHARACTER SURVEY IN THE LAND USE
ELEMENT; FURTHER TO AMEND THE FUTURE LAND USE
MAP TO ASSIGN THE PUBLIC "P" FUTURE LAND USE
CATEGORY TO CERTAIN PROPERTIES OWNED BY FIND;
AND SO AS TO REVISE THE GOALS, OBJECTIVES AND
POLICIES SECTION OF THE FUTURE LAND USE
ELEMENT TO REFLECT THE ITEMS ADDRESSED IN THE
SUPPLEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Gulf Stream, Florida, adopted its
Comprehensive Plan pursuant to Chapter 163, Florida Statutes, on
July 7, 1989; and
WHEREAS, the Town of Gulf Stream desires to adopt certain
comprehensive plan amendments pursuant to Section 163.3184, Florida
Statutes, by amending the Future Land Use Element and Future Land
Use Map of the Comprehensive Plan; and
WHEREAS, the Town Commission has determined that the
amendments contained herein are in compliance with Chapter
163.3184, Florida Statutes, and are otherwise consistent with all
elements of the Town's Comprehensive Plan; and
WHEREAS, the Town Commission has made the specific findings
required to be made, pursuant to public hearing, pursuant to
Chapter 163.3233, Florida Statutes, and the amendments adopted
herein shall be applicable to the development agreement relating to
properties affected by these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Town of Gulf Stream Comprehensive Plan is
hereby amended by amending the Future Land Use Element as follows:
A. The January 1995 Supplement to the text of the element as
attached in Exhibit "A" hereof, is hereby adopted and
incorporated as if fully set forth herein. Said
Supplr,:cent generally provides for:
1. An identification of properties in the Town owned
by the Florida Inland Navigation District (FIND)
and a general description of their proposed use as
Materials Management Areas;
2. A revision to the Public "P" Future Land Use
Category to include Materials Management Areas as a
permitted use; and
3. The incorporation of the Gulf Stream Design Manual
and the general findings and goals of the 1994
community character survey and Gulf Stream Design
Manual.
B. The revised Goals, Objectives and Policies section of the
element as attached in Exhibit "B" hereof, is adopted and
incorporated as if fully set forth herein. Said revised
section generally reflects the items addressed in the
Supplement and provides for a general update of the
section.
C. The revised Future Land Use Map, dated January 1995, as
attached in Exhibit "C" hereof, is adopted and
incorporated as if fully set forth herein. Said revised
Future Land Use Map generally provides for the assignment
of the Public "P" Future Land Use Category to two parcels
belonging to FIND.
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. 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 4. Effective Date.
The effective date of this Ordinance shall be the date a final
order is issued by the Department of Community Affairs finding the
amendment to be in compliance in accordance with Chapter 163.3184,
Florida Statutes; or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance
in accordance with Chapter 163.3184, Florida Statutes.
PASSED AND ADOPTED in a regular,
reading this 12th day of May ,
f al rea 'ng on thi . 9th day of
O
ATTEST:
r Q-1
TOWN CLERK
JCR\13147-01\C0MPPLN.0RD
adjourned session on first
1995, and for a second and
TOWN COMMISSION
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT a RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES LINDA LOOMIS SHELLEY
Governor Secretary
August 7, 1995
The Honorable William F. Koch, Jr.
Mayor, Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Dear Mayor Koch:
The Department has completed its review of the adopted
Comprehensive Plan Amendment (Ordinance No. 95/2; DCA No. 95-1)
for the Town of Gulf Stream, as adopted on June 9, 1995, and
determined that it meets the requirements of Chapter 163, Part
II, Florida Statutes, for compliance, as defined in Subsection
163.3184(1)(b). The Department is issuing a Notice of Intent to
find the plan amendment In Compliance. The Notice of Intent has
been sent to the Palm Beach Post for publication on August 8,
1995.
Please note that a copy of the adopted Town of Gulf Stream
Comprehensive Plan Amendment and the Notice of Intent must be
available for public inspection Monday through Friday, except for
legal holidays, during normal business hours, at the Town of Gulf
Stream, Clerk's Office, 100 Sea Road, Gulfstream, Florida 33483.
If you have any questions, please contact Greg Stuart,
Planner IV, at (904) 487-4545.
Sincerely,
���
Charles Gauthier, AICP
Growth Management Administrator
CG/gsj
Enclosure: Notice of Intent
cc: E. Scott Harrington, Town Manager
Michael Busha, Acting Executive Director, Treasure Coast
Regional Planning Council
2 7 4 0 CENTERVIEW DRIVE TALLAHASSEE,FLORIDA 3 2 3 9 9- 2 7 00
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFICE P.O. Box 4022 FIELD OFFICE
2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 155 East Summedin
Marathon, Florida 330502227 Miami, Florida 331594022 Bartow, Florida 338304641
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
TOWN OF GULF STREAM
EHENSIVE PLAN AMENDMENT IN COMPLIANCE
DOCKET NO. 95-1-NOI-5013-(A)-(I)
The Department gives notice of its intent to find the
Amendment to the Comprehensive Plan for the Town of Gulfstream,
adopted by Ordinance No. 95/2 on June 9, 1995, IN COMPLIANCE,
pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted Town of Gulfstream Comprehensive Plan Amendment and
the Department's Objections, Recommendations and Comments Report, (if
any), are available for public inspection Monday through Friday,
except for legal holidays, during normal business hours, at the Town
of Gulfstream, Clerk's office, 100 Sea Road, Gulfstream, Florida
33483.
Any affected person, as defined in Section 163.3184, F.S., has
a right to petition for an administrative hearing to challenge the
proposed agency determination that the Amendment to the Town of
Gulfstream Comprehensive Plan is In Compliance, as defined in Subsec-
tion 163.3184(1), F.S. The petition must be filed within twenty-one
(21) days after publication of this notice, and must include all of
the information and contents described in Rule 9J-11.012(7), F.A.C.
The petition must be filed with the Agency Clerk, Department of
Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-
2100, and a copy mailed or delivered to the local government. Failure
to timely file a petition shall constitute a waiver of any right to
request an administrative proceeding as a petitioner under Section
120.57, F.S. If a petition is filed, the purpose of the administra-
tive hearing will be to present evidence and testimony and forward a
recommended order to the Department. If no petition is filed, this
Notice of Intent shall become final agency action.
If a petition is filed, other affected persons may petition for
leave to intervene in the proceeding. A petition for intervention
must be filed at least five (5) days before the final hearing and must
include all of the information and contents described in Rule 60Q-
2.010, F.A.C. A petition for leave to intervene shall be filed at the
Division of Administrative Hearings, Department of Management
Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550.
Failure to petition to intervene within the allowed time frame consti-
tutes a waiver of any right such a person has to request a hearing
under Section 120.57, F.S., or to participate in the administrative
hearing.
Charles G. Pattison, Director
Department of Community Affairs
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
' ' NO. 115945
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
TOWN OF GULFSTREAM
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 95-1 -NOI-5013-(A)-(I)
The Department gives notice of its intent to find the Amendment
to the Comprehensive Plan for the Town of Gulfstream, adopted by
Ordinance No. 95/2 on June 9, 1995, IN COMPLIANCE, pursu-
ant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted Town of Gulfstream Comprehensive Plan Amend-
ment and the Department's Objections, Recommendations and Com-
ments Report (if any), are available for public inspection Monday
through Friday, except for legal holidays, during normal business
hours, at the Town of Gulfstream, Clerk's office, 100 Sea Road,
Gulfstream, Florida 33483.
Any affected person, as defined in Section 163.3184, F.S.,
has a right to petition for an administrative hearing to challenge the
proposed agency determination that the Amendment to the Town of
Gulfstream Comprehensive Plan is In Compliance, as defined in
Subsection 163.3184(1), F.S. The petition must be filed within twenty-
one (21) days after publication of this notice, and must include all of
the information and contents described in Rule 9.1-11.012(7), F.A.C.
The petition must be filed with the Agency Clerk, Department of
Community Affairs, 2740 Centerview Drive, Tallahassee, Florida
32399-2100, and a copy mailed or delivered to the local govern-
ment. Failure to timely file a petition shall constitute a waiver of any
right to request an administrative proceeding as a petitioner under
Section 120.57, F.S. If a petition is filed, the purpose of the admin-
istrative hearing will be to present evidence and testimony and for-
ward a recommended order to the Department. If no petition is
filed, this Notice of Intent shall become final agency action.
If a petition is filed, other affected persons may petition for
leave to intervene in the proceeding. A petition for intervention must
be filed at least five (5) days before the final hearing and must
include all of the information and contents described in Rule 60Q-
2.010, F.A.C. A petition for leave to intervene shall be filed at the
Division of Administrative Hearings, Department of Management
Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-
1550. Failure to petition to intervene within the allowed time frame
constitutes a waiver of any right such a person has to request a
hearing under Section 120.57, F.S., or to participate in the admin-
istrative hearing.
-s- Charles G. Pattison, Director
Department of Community Affairs
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
PUBLISH: August 8, 1995
Exh�b17-
The Comprehensive Plan
for
Gulf Stream, Florida
July, 1989
AS lUIE14DED BY:
Amendment 91-1 (Ord. 91/14) Adopted (larch 8, 1991
(Potable [Vater Sub -Element)
Amendment 95-1 (Ord. 95/2) Adopted June 9, 1995
(Future Land Use Element & Future Land Use Map)
Prepared for:
The Town of Gulf Stream
Gulf Stream, Florida
Prepared by:
Resource Engineering and Planning, Inc.
Palm Beach Gardens, Florida
0
0
TOWN OF GULF STREAM
COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT
Prepared For:
Town of Gulf Stream, Florida
Prepared By:
Resource Engineering and Planning, Inc.
(Amendment 95-1 prepared by Gulf Stream town staff)
Original Adoption July 1989
Amendment 95-1 Adopted June 9, 1995 (Ord. 95/2)
0
TABLE OF CONTENTS
Section
List of Tables
List of Figures
I. INTRODUCTION
II. EXISTING CONDITIONS
Existing Land Use
Population Estimates and Projections
III. LAND USE ANALYSIS
Availability of Services
Vacant Land Analysis and Land Needed
For Projected Population
Redevelopment
IV. FUTURE LAND USE
Future Land Use Categories
Future Annexation
V. 1995 SUPPLEMENT
Introduction
FIND Amendments
Page
1-1
1-19
1-19
1-21
1-22
1-22
1-22
FIND Annexation Site 640/640A 1-23
FIND Site 641A 1-25
1994 FIND Development Agreement 1-25
FIND Future Land Use Map Amendments 1-26
Community Character Survey Amendments 1-27
Historical Overview of Development 1-27
in the Community
1994 Community Character Survey and Design Manual 1-29
VI. GOALS, OBJECTIVES AND POLICIES 1-32
Future Land Use Element Amendment 95-1 (Ord. 95/2)
Adopted June 6, 1995
u
LIST OF TABLES
Number Title Page
1-1 Existing Land Use, 1986 1-7
1-2 Permanent Population, 1950-1980 1-8
1-3 Projected Population 1-10
1-4 Availability of Facilities and Services 1-13
1-5 Factors Affecting Future Development 1-17
LIST OF FIGURES
Number Title Page
1-1 Gulf Stream, Palm Beach County, Florida 1-2
General Location
1-2 Gulf Stream General Location 1-3
1-3 Existing Land Use 1-6
1-4 Existing Commercial Centers 1-15
1-5 Future Land Map: Revised June 1995 1-45
Future Land Use Element Amendment 95-1 (Ord. 95/2)
Adopted June 6, 1995
Future Annexation
The Town is actively seeking to annex FIND property located at the
northern town limits along the west side of the Intracoastal
Waterway. The annexed property would remain in its natural state
and is shown on Figure 1-5, Future Land Use.
Future Land Use Element 1-21 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
V. 1995 SUPPLEMENT
This section is intended to be a supplement to, rather than a
replacement of, the text of the Future Land Use Element adopted in
1989.
Introduction
As a small residential community with few vacant lots, Gulf Stream
has changed very little since the adoption of the 1989
Comprehensive Plan. A few new homes have been built, and recent
trends seem to indicate the community is gaining more permanent
population at the expense of seasonal population. However, neither
of these trends have had a significant impact on the availability
or future planning of services covered in the Plan. All facilities
and services continue to operate well below their capacities as
planning for them is based on peak population, which has changed
very little.
Two other recent events, though, warrant amendments to the Future
Land Use Element at this time. These are the annexation of a
parcel belonging to the Florida Inland Navigation District and the
completion of a community character survey and accompanying Design
Manual for single family homes in the community.
FIND Amendments
The Florida Inland Navigation District (FIND) is a special taxing
district established by the state legislature to maintain the
Intracoastal Waterway. Part of their function is to periodically
dredge the waterway to permit the safe passage of boats. To
facilitate this function, FIND owns several properties along the
Waterway to hold the dredged material.
Future Land Use Element 1-22 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
FIND Annexation Site 640/640A
The FIND owns a parcel of property adjacent to the west side of the
Intracoastal Waterway, 100 feet north of the Place Au Soleil
subdivision. The parcel, known as Site MSA 640/640A, comprises
7.09 acres of open and wooded area. The current undeveloped nature
of the site, and its proposed use as a Materials Management Area,
are thought to provide a good buffer between the high quality, low
density Place Au Soleil subdivision and the older, higher density
development north of the site in Boynton Beach. In an effort to
ensure this site remains as permanent open space, the 1989
Comprehensive Plan identified the site as a good candidate for
annexation.
Presently, the site is undeveloped with about half of the area
covered with Australian pine and the remaining half covered with
field grasses with intermittent specimen pines and a heavy growth
of Brazilian pepper. The average elevation of the site is just
over +6 feet NGVD with only the eastern -most area subject to tidal
influence and periodic flooding. There is no bulkhead present on
the site.
The site has no direct access from public streets and can be
reached legally only by boat or through an easement over the
adjacent property to the west already in the Town belonging to the
Gulf Stream Golf Club.
Site 640/640A is designated in FIND's 50 -year plan for use as a
dredged Materials Management Area. The plan, completed in 1992,
does not specify when the site will be used as the need for
dredging is unpredictable and can vary greatly from site to site
and time to time. However, a specific development plan, prepared
in March 1992 by Taylor Engineering, provides a detailed
Future Land Use Element 1-23 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
description of the site improvements necessary to use the parcel to
store dredged material.
The proposed site improvements involve the construction of a
perimeter dike to contain the dredged material. However, the dike
will be setback from the site boundaries between 50 and 100 feet
with heavy landscaping placed in the setback in an effort to buffer
adjacent property owners. In fact, almost one-third of the entire
site area will be used for this buffer. The area within the dike
will be excavated to a depth of about +2.5 feet NGVD and the
material used to construct the dike to a peak elevation of about
+12 feet NGVD.
When the dredging operation begins, material will be pumped into
the diked area where the soil will settle out from the water. A
weir will be constructed on the east end of the dike to allow water
to flow back into the Intracoastal. When full, the area will be
filled to a height of about +8 feet NGVD, or about 4 feet below the
top of the dike, and contain approximately 18,400 cubic yards of
material.
According to the Taylor Engineering report, it is unlikely a single
dredging event would fill the site to capacity. Rather, the site
will be used intermittently over a period of time until it reaches
capacity. Again, no time frames are given in the report other than
the site is part of an overall 50 -year plan.
As a precursor to annexation of Site 640/640A, the Town signed a
15 -year lease on the property in 1988 to maintain the area as open
space and to ensure the property would remain free from
development. However, FIND retains the right to use the property
as a Materials Management Area at any time.
Future Land Use Element 1-24 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
FIND Site 641A
In addition to this property, FIND owns another site already in
Gulf Stream located on the west side of the Intracoastal Waterway
immediately south of the Place Au Soleil subdivision. This parcel,
known as Site MSA 641A, is approximately 11.48 acres in size and is
similar to Site 640/640A in terms of elevation and vegetation.
Likewise, this site also is proposed for use as a Materials
Management Area with site improvements and operations to be
conducted in a manner similar to that described for Site 640/640A.
Previous to the preparation of the 1989 Plan, the Town zoned Site
641A for single family residential use. This was due to both a
lack of knowledge of FIND's plans and the fact the Town had no
public facilities zoning district at that time. Thus, in an effort
to achieve consistency between the Future Land Use Map and zoning
map, the site was designated as Single Family on the Future Land
Use Map. Now, given that FIND's plans are known, and the Town has
land use and zoning districts which would permit the proposed use,
reconsideration of the Future Land Use designation of Site 641A is
in order.
1994 FIND Development Agreement
In 1993, the Town opened discussions with FIND about formal
annexation of Site 640/640A and encouraged FIND to pursue a
voluntary annexation. After a series of discussions about the
future uses of both FIND sites, the Town and FIND executed a
Development Agreement pursuant to Sec. 163.3220, Florida Statutes,
in September 1994, which called for the annexation of Site 640/640A
and amendments to the Town's Comprehensive Plan and Zoning Code to
permit the use of Sites 640/640A and 641A as Materials Management
Areas.
Future Land Use Element 1-25 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
Subsequent to the execution of the Development Agreement, the Town
annexed Site 640/640A in October 1994, and has prepared this
amendment to the Comprehensive Plan. Once the plan amendment is
adopted, the Town will then move forward with the necessary
rezoning and amendments to the Zoning Code text.
FIND Future Land Use Map Amendments
As shown on the attached revised Future Land Use Map, both FIND
sites have been given a Public "P" designation. Further, it is the
intent of this Comprehensive Plan amendment that the Public Future
Land Use category explicitly include Materials Management Areas as
a permitted use. Changes in the Goals, Objectives and Polices
section of this element have been made to reflect this.
The impact of these designations on the public facilities and
services covered in the Comprehensive Plan will be minimal. As
stated, Materials Management Areas involve few or no permanent
facilities and tend to be used intermittently over long periods of
time. No utility connections will be needed and very little
traffic will be generated by the use, even in times of peak
operation.
Likewise, the impacts on other facilities and services, such as
police and fire, are minimal. The Town already provides these
services to these sites and would continue to do so regardless of
the Future Land Use designations.
Given that Site 640/640A was identified as a potential annexation
area in the 1989 Plan, and the fact that the re -designation of Site
641A to Public from Single Family represents a significant decrease
in development intensity, the proposed designation of these two
sites as Public presents no conflicts or inconsistencies with any
other element or portion of the adopted Comprehensive Plan.
Future Land Use Element 1-26 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
Community Character Survey Amendments
Historical Overview of Development in the Community
As described in the 1989 Plan, the Town of Gulf Stream is a well-
established, beachfront community with a highly complementary mix
of traditional South Florida architectural styles. These styles
are reflected not only in the homes, but in the recreation, school
and public facilities as well. Predominate styles include Spanish -
Mediterranean Revival, Bermuda, Monterey and Frame Vernacular, with
many of the homes and other facilities having been designed by
locally and nationally prominent architects of their era.
Development in Gulf Stream began on the beach and along State Road
AlA in the 1920's and moved west to and across the Intracoastal
over a forty year period. As new areas in the Town were opened for
development, distinct neighborhoods were created each with their
own character in terms of architecture and site design. Adding to
the character of each area is the fact that none of the areas had
a predominate architect or builder. For the most part, the homes
in Gulf Stream were custom-built with no two homes being identical.
Yet, within each neighborhood, there is a very obvious character
and harmony between the homes and properties that are achieved
through the use of similar building forms and mass, design
elements, materials, and colors.
While each neighborhood had its "boom" development period, most
continue to have some vacant lots. In addition, demographic
changes in the Town and lifestyle changes in general have created
a need to substantially renovate, expand or outright replace some
of the original homes. As a result, while the Town may appear to
be builtout and stagnant, it is very much alive with rebuilding
activity necessary to take the Town into its next 100 years.
Future Land Use Element 1-27 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
While the majority of new development and redevelopment activity
has acted to enhance the character of each neighborhood, some of
the development has not been in keeping with either the style or
the scale of existing development. This raised a serious concern
in the community that the unique, traditional feel of Gulf Stream
would be lost as has occurred in several neighboring communities.
Accordingly, in 1991, the Town reorganized the Planning Board into
the Architectural Review and Planning Board (ARPB), and gave them
broad powers to review, and where necessary, modify proposed
building plans to conform with the established character of the
surrounding area.
Since the creation of the ARPB, the Town generally has been
successful in maintaining and enhancing the character of the
various neighborhoods. However, the process of reviewing new
development has often been difficult and stressful for Town
officials, the designer/builder and the neighbors. While the Town
has sought to keep the scale and appearance of new development and
redevelopment in context with its surroundings, it never has fully
defined the existing context nor given concrete direction to new
development on how to achieve compatibility with the context.
Accordingly, in the spring of 1994, the Town agreed to undertake a
formal study of the community to identify not only predominate
architectural styles, but use of architectural elements such as
roof, wall and window materials and colors, building mass and form,
landscaping, and site design.
The result is the 1994 community character survey which was
incorporated into the Gulf Stream Design Manual. The survey and
Manual address only single family areas as all non -single family
areas are fully developed and are not likely to undergo substantial
redevelopment any time soon.
Future Land Use Element 1-28 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
1994 Community Character Survey and Design Manual
The Gulf Stream Design Manual, which is hereby incorporated into
the text of the Future Land Use Element by reference, serves two
primary functions. First, it provides an overview of the
developmental history of the Town and documents existing
characteristics found throughout the community and those unique to
each neighborhood. Second, it provides recommendations for
specific land development regulations for form, mass, scale and
design features to ensure the character of the Town and each
neighborhood is protected and enhanced.
While most of the Design Manual's recommendations for land
development regulations are far too precise for a Comprehensive
Plan, there are some critically important findings of the community
character survey and goals of the Design Manual that clearly need
to be articulated in the Plan. These include the following:
1. The Town of Gulf Stream and its single family neighborhoods
have an undeniable character and sense of place that should be
preserved while recognizing a need to provide for infill
development and substantial renovations to or outright
replacement of existing obsolete homes.
2. To protect its unique character, the Town must clearly define
the character, provide clear direction to new development and
redevelopment on how to achieve consistency with and enhance
the character, and provide a rational, objective process for
the review of new development and redevelopment.
3. The character of Gulf Stream is singular and multi -faceted in
nature in that it is composed of at least five distinct single
family neighborhoods, each with their own development history
and sense of character, that together form the unique
Future Land Use Element 1-29 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
character of the Town. In order to preserve the character of
the Town and neighborhoods, the character of each must be
thoroughly articulated with words and pictures so that the
context by which new development and redevelopment is
evaluated is clearly understood by the property owner,
designer, neighbors, and Town review officials.
4. Without proper safe guards, there is a high potential that new
development and redevelopment could conflict with and severely
diminish the existing character of the Town and individual
neighborhoods. While it is not necessary that the Future Land
Use Map specifically delineate the various neighborhoods, it
is critical that land development regulations be crafted which
recognize the unique characteristics of each.
5. The character of the Town and neighborhoods is a function of
many development features including, but not limited to:
architectural style; building form; building mass; building
scale; use of structural and decorative design elements; use
building and finish materials; colors; arrangement of
structures on a site; location of mechanical equipment,
patios, driveways, walkways, walls, and fences; landscape
design and materials; and other such features; and the
relationship of these features to one another on a site as
well as their relationship to other sites. Accordingly, land
development regulations must carefully address these features
and relationships.
6. Specific land development regulations to be considered for
single family districts include:
a) a minimum lot size standard to be based on the average or
typical lot size of the neighborhood but not to be less
than 13,000 square feet;
Future Land Use Element 1-30 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
b) a maximum floor area ratio standard to be based on
average or typical sizes of existing homes and the
projected needs of new homeowners but not to exceed 0.33
for conforming lot sizes;
C) provisions for the reduction of the maximum permitted
floor area on lots that are combined in order to maintain
a compatible scale with surrounding homes on smaller
lots;
d) minimum building setbacks that maintain and enhance the
existing rhythm of spaces between buildings in a
neighborhood, promote privacy and maximize open space;
e) a maximum height requirement for each neighborhood but
not to exceed 35 feet;
f) a maximum first floor elevation that recognizes flood
prevention requirements but that also discourages
"pedestal" appearances and maintains the existing degree
of fluctuations in roof and window lines across
structures on the same street;
g) a minimum off-street parking requirement of at least two
spaces to enhance traffic safety;
h) a minimum open space requirement of at least 40%;
i) flexible provisions such as Special Exceptions to address
structural non -conformities and unusual development
scenarios and site configurations;
j) community -wide and district specific form and design
standards for development features including:
i. architectural style
ii. building form
iii. roof shapes and materials
iv. window types and sizes
V. shutters
vi. entry design and scale
vii. exterior wall materials and colors
viii. garages and accessory buildings
Future Land Use Element 1-31 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
ix. landscape designs and materials
X. wall and fence heights, materials and screening
xi. driveway gate and surface design and materials
7. To provide for the effective implementation of these land
development regulations, the Town must create and administer
equitable, rational and objective development review
procedures whereby the potential impacts of the development
are commensurate with the time, expense and intensity of the
review process.
The 1989 Plan focused primarily on quantitative aspects of the
community such as road capacities, size of the water distribution
system, population and housing units. Missing from the Plan,
however, was any sort of communication or articulation of the
qualitative aspects of the community such as the sense of history,
character or place. Yet it is these aspects that have attracted
and continue to attract residents to the Town, not the size of
drainage system or the method of garbage disposal. Thus, far from
contravening another portion or element of the Plan, this text
amendment and corresponding amendments to the Goals, Objectives and
Policies of this element actually strengthen the Plan by providing
a more complete portrayal of the Town of Gulf Stream and the
historic, current and future development forces at work in the
community.
VI. GOALS, OBJECTIVES AND POLICIES
In light of the discussions and findings presented in the 1995
Supplement and a general need to update the goals, objectives and
policies of the Future Land Use Element, the following are to
replace the goals objectives and policies of the 1989 Future Land
Use Element in their entirety.
Future Land Use Element 1-32 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
GOAL 1.1.: MAINTAIN THE EXISTING CHARACTER AND NATURE OF THE TOWN
OF GULF STREAM WHILE ENSURING ADEQUATE AND TIMELY PROVISION OF
SERVICES AND FACILITIES TO ENSURE THE HEALTH, SAFETY, AND WELFARE
OF ITS RESIDENTS.
Obiective 1.1.1.: Future growth and development will be managed
through the maintenance and enforcement of land development
regulations in accordance with section 163.3202, F.S.
Policy 1.1.1.: Maintain land development regulations to ensure
that they contain specific and detailed provisions intended to
implement the adopted Comprehensive Plan, and which at a minimum:
a) Regulate the subdivision of land, including replatting;
b) Regulate the use of land and water consistent with this
Element and ensure the compatibility of adjacent land uses and
provide for open space;
C) Regulate development which has a potential to contaminate
water or soil;
d) Regulate areas subject to seasonal and periodic flooding and
provide for drainage and stormwater management consistent with
the Infrastructure Element and the National Pollution
Discharge Elimination System Permit;
e) Protect potable water wellfields and aquifer recharge areas;
f) Regulate signage;
g) Ensure safe and convenient on-site traffic flow and vehicle
parking needs;
Future Land Use Element 1-33 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
h) Require landscape buffers with native species and other
appearance measures to maintain a high visual quality;
i) Provide that development orders and permits shall not be
issued which result in a reduction of the level of services
for the affected public facilities below the level of service
standards adopted in this Comprehensive Plan; and
j) Provide for the assessment of impact fees or dedication of
land and facilities to off -set costs assumed by the Town or
other governmental agencies for the provision of facilities or
services required by new development.
Policy 1.1.1.2.: Land development regulations adopted to implement
this Comprehensive Plan shall be based on, and be consistent with,
the following standards for residential densities as indicated
below:
a) Single Family Residential (SF): shall permit detached, single
family dwellings and accompanying support and accessory
structures at a density not exceed 3.35 dwelling units per
acre.
b) Multi -Family Residential (MF): shall permit multi -family or
single family dwellings and accompanying support and accessory
structures at a density not to exceed 5.7 dwelling units per
acre.
Policy 1.1.1.3.: Land development regulations shall be adopted
which address the location and extent of non-residential land uses
in accordance with the Future Land Use Map and the policies and
descriptions of types, sizes, densities and intensities of land
uses contained in this element and which implement the following
Future Land Use categories:
Future Land Use Element 1-34 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
a) Conservation (CONS): shall permit preservation of wildlife,
aquatic, or botanical habitat on government-owned land and
generally remain free from development of any type by
permitting only necessary low impact, educational,
interpretive, utility and support facilities.
b) Recreation (REC): shall permit private or public recreation
facilities such as the golf courses, tennis courts, swimming
pools and related support and clubhouse facilities, provided
that the actual recreation facilities cover at least 40% of
the site area.
C) Public (P): shall permit publicly -owned facilities necessary
to the operation of the owning agency such as the Town Hall,
Police Station and Materials Management Areas at an intensity
not exceed a floor area ratio of 0.5.
objective 1.1.2.: Development orders and permits for development
or redevelopment activities shall be issued only if the protection
of natural and historic resources is ensured and consistent with
the goals, objectives, and policies of the Comprehensive Plan.
Policy 1.1.2.1.: The town shall protect potable water wellfields
and prime aquifer recharge areas through the implementation of the
Palm Beach County Wellfield Protection Ordinance.
Policy 1.1.2.2.: Proposals for development within the 100 -year
floodplain as identified by the Federal Emergency Management Agency
shall conform with local regulations for development in such areas.
Policy 1.1.2.3.: The developer/owner of any site shall be
responsible for the management of run-off consistent with the
goals, objectives, and policies of the Drainage Sub -element of this
Comprehensive Plan.
Future Land Use Element 1-35 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
Policy 1.1.2.4.: Extraction of natural resources shall be
permitted only where compatible with existing and proposed land
uses and in a manner consistent with the goals, objectives, and
policies of the Conservation Element of this Comprehensive Plan.
Policy 1.1.2.5.: In accordance with Section 163.3202, F.S. the
Town shall:
a. Maintain a record of identified potentially historic
resources;
b. Maintain regulations for the protection and preservation of
historic sites and structures;
C. Provide the Florida Department of State with a list of all
potentially historic sites for inclusion on the state Master
Site File.
d. Continually update the list of historic resources as
appropriate.
Policy 1.1.2.6.: Species of flora and fauna listed in the
Conservation Element of the plan as endangered, threatened or
species of special concern shall be protected through inclusion of
their habitats in the Conservation land use category.
Objective 1.1.3: Development orders and permits for development
and redevelopment activities shall be issued only in areas with
suitable topography and soil conditions to support such
development.
Future Land Use Element 1-36 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
Policy 1.1.3.1: All proposed development, other than individual
residences, shall include a soils analysis prepared by a licensed
professional, which shall document the ability of the soil
structure to support the proposed development.
Policy 1.1.3.2: All proposed development shall be located in a
manner such that the natural topographic features of a site are not
adversely altered so as to negatively affect the drainage of
neighboring properties or visual aesthetics of the area.
Objective 1.1.4.: Development orders and permits for development
and redevelopment activities shall be issued only in areas where
public facilities necessary to meet level of service standards
(which are adopted as part of the Capital improvements Element of
this Comprehensive Plan) are available concurrent with the impacts
of development.
Policy 1.1.4.1.: Development shall be timed and staged in
conjunction with the provision of supporting community facilities
and services identified as being required such as:
a. Potable water;
b. Sanitary sewers;
C. Solid waste removal;
d. Vehicular and pedestrian circulation;
e. Public safety;
f. Recreation;
g. Public schools; and
Future Land Use Element 1-37 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
h. Electricity.
Policy 1.1.4.2.: Public facilities and utilities shall be located
to:
a. Maximize the efficiency of services provided;
b. Minimize their costs;
C. Minimize their impacts on the natural environment; and
d. Maximize consistency with the goals, objectives, and policies
of this Comprehensive Plan.
Policy 1.1.4.3: All development in areas not provided central
water and sewer services shall be governed by the provisions of
5.381.272, F.S., regulating on-site sewage disposal systems; and,
Chapter 10D-6, FAC, which regulates the installation of individual
sewage disposal facilities.
Policy 1.1.4.4.: Prior to annexation, the Town shall prepare and
adopt a facilities and services extension plan for proposed
annexation areas which shall:
a. Establish the location, level of service standards and phasing
for each facility and service to be extended by the town;
b. Require all development or redevelopment activities to be
timed, staged and located in conjunction with the provision of
the community facilities and services listed in Policy
1.1.4.1. without exceeding their established level of service
standards; and
Future Land Use Element 1-38 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
C. Reserve the right of the Town, in order to encourage infill
development and reduce urban sprawl, to discourage development
and redevelopment activities within proposed future annexation
areas until such time as facilities and services are extended
in accordance with the plan regardless if facilities and
services are offered by a developer in advance of the plan
phasing.
objective 1.1.5.: Future growth, development and redevelopment
shall be directed to appropriate areas as depicted on the Future
Land Use Map, consistent with: sound planning principles; minimal
natural limitations; and the goals, objectives, and policies
contained within this Comprehensive Plan.
Policy 1.1.5.1.: Residential neighborhoods shall be designed to
include an efficient system of internal circulation, including the
provision of collector streets to feed traffic onto arterial roads
and highways.
Policy 1.1.5.2.: Subdivisions shall be designed so that all
individual lots have access to the internal street system, and lots
along the periphery are buffered from major roads and incompatible
land uses.
Policy 1.1.5.3.: Development orders and permits for future
development and redevelopment activities shall be issued only in
areas possessing the appropriate future land use designation and
that are consistent with the goals, objectives, and policies of
this Comprehensive Plan.
Policy 1.1.5.4.: The Town shall designate future annexation areas,
when identified, and coordinate with the affected land owners,
governments and agencies for the future annexation and land uses of
these areas.
Future Land Use Element 1-39 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
Policy 1.1.5.5.: New commercial and industrial land uses shall not
be permitted within the Town.
Policy 1.1.5.6.: Properties owned by the Florida Inland Navigation
District which are intended for use as Materials Management Areas
and for which specific engineering plans for the development and
operation of Materials Management activities have been approved by
FIND and provided to the Town shall not be unduly regulated so as
to prohibit or substantially restrict their intended use as
Materials Management Areas.
Objective 1.1.6.: The Town of Gulf Stream and its single family
neighborhoods have an undeniable character and sense of place that
shall be preserved while recognizing a need to provide for infill
development and substantial renovations to or outright replacement
of existing obsolete homes.
Policy 1.1.6.1.: To protect its unique character, the Town shall
clearly define the character, provide clear direction to new
development and redevelopment on how to achieve consistency with
and enhance the character, and provide a rational, objective
process for the review of new development and redevelopment.
Policy 1.1.6.2.: The character of Gulf Stream is singular and
multi -faceted in nature in that it is composed of at least five
distinct neighborhoods, each with their own development history and
sense of character, that together form the unique character of the
Town. In order to preserve the character of the Town and
neighborhoods, the character of each shall be thoroughly
articulated with words and pictures so that the context by which
new development and redevelopment is evaluated is clearly
understood by the property owner, designer, neighbors, and Town
review officials.
Future Land Use Element 1-40 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
Policy 1.1.6.3.: Without proper safe guards, there is a high
potential that new development and redevelopment could conflict
with and severely diminish the existing character of the Town and
individual neighborhoods. While it is not necessary that the
Future Land Use Map specifically delineate the various
neighborhoods, it is critical that land development regulations be
crafted which recognize the unique characteristics of each.
Policy 1.1.6.4.: The character of the Town and neighborhoods is a
function of many development features which must be defined
including, but not limited to: architectural style; building form;
building mass; building scale; use of structural and decorative
design elements; use building and finish materials; colors;
arrangement of structures on a site; location of mechanical
equipment, patios, driveways, walkways, walls, and fences;
landscape design and materials; other such features; and the
relationship of these features to one another on a site as well as
their relationship to other sites. Accordingly, land development
regulations must carefully address these features and
relationships.
Policy 1.1.6.5.: The following specific land development
regulations shall be considered in an effort to maintain and
enhance the existing character of the community and its single
family neighborhoods:
a. a minimum lot size standard to be based on the average or
typical lot size of the neighborhood but not to be less than
13,000 square feet;
b. a maximum floor area ratio standard to be based on average or
typical sizes of existing homes and the projected needs of new
homeowners but not to exceed 0.33 for conforming lot sizes;
Future Land Use Element 1-41 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
c. provisions for the reduction of the maximum permitted floor
area on lots that are combined in order to maintain a
compatible scale with surrounding homes on smaller lots;
d. minimum building setbacks that maintain and enhance the
existing rhythm of spaces between buildings in a neighborhood,
promote privacy and maximize open space;
e. a maximum height requirement for each neighborhood but not to
exceed 35 feet;
f. a maximum first floor elevation that recognizes flood
prevention requirements but that also discourages "pedestal"
appearances and maintains the existing degree of fluctuations
in roof and window lines across structures on the same street;
g. a minimum off-street parking requirement of at least two
spaces to enhance traffic safety;
h. a minimum open space requirement of at least 40%;
i. flexible provisions such as Special Exceptions to address
structural non -conformities and unusual development scenarios
and site configurations;
j. community -wide and district specific form and design standards
for development features including, but not limited to:
i. architectural style
ii. building form
iii. roof shapes and materials
iv. window types and sizes
V. shutters
vi. entry design and scale
vii. exterior wall materials and colors
Future Land Use Element 1-42 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
viii. garages and accessory buildings
ix. landscape designs and materials
X. wall and fence heights, materials and screening
xi. driveway gate and surface design and materials
Policy 1.1.6.6.: To provide for the effective implementation of
the land development regulations in Policy 1.1.6.5., the Town must
create and administer equitable, rational and objective development
review procedures whereby the potential impacts of the development
are commensurate with the time, expense and intensity of the review
process.
Objective 1.1.7.: The Town shall protect private property rights
and recognize the existence of legitimate and often competing
public and private interest in land use.
Policy 1.1.7.1.: Provide compensation, or other appropriate relief
as provided by law, to a landowner for any governmental action that
is determined to be an unreasonable exercise of the state's police
power so as to constitute a taking.
Policy 1.1.7.2.: Encourage acquisition of lands by public agencies
in cases where regulation will severely limit practical use of real
property.
Objective 1.1.8.: Any existing land use which may be found to be
inconsistent with the Future Land Use Element and Map following
adoption of this plan shall be eliminated.
Policy 1.1.8.1.: Expansion or replacement of land uses which are
incompatible with the Future Land Use Element and Map shall be
prohibited.
Future Land Use Element 1-43 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
I
Policy 1.1.8.2.: Regulations for buffering incompatible land uses
shall be set forth in the town's land development regulations.
Objective 1.1.9.: The Town shall improve coordination with
affected and appropriate governments and agencies to maximize their
input into the development process and mitigate potential adverse
impacts of future development and redevelopment activities.
Policy 1.1.9.1.: The Town shall maintain membership in the Palm
Beach County Multi -Jurisdictional Issues Forum and participate in
the Palm Beach County Intergovernmental Plan Amendment Review
Process.
Policy 1.1.9.2.: Requests for development orders or permits shall
be coordinated, as required, with Palm Beach County, adjacent
municipalities, Regional Planning Council, Water Management
District and state and federal agencies.
Objective 1.1.10.: Population densities within the Town's coastal
area shall be coordinated with the hurricane evacuation plans of
Palm Beach County and the Treasure Coast Regional Planning Council.
Policy 1.1.10.1.: Prior to the Town's approval of any new
development or subdivision, other than individual residences, the
Town will consult the plans of the Palm Beach County Emergency
Management Department and the Treasure Coast Regional Planning
Council regarding hurricane evacuation.
Future Land Use Element 1-44 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995
Future Land Use Element 1-45 Amendment 95-1 (Ord. 95/2)
Adopted June 9, 1995