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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