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HomeMy Public PortalAboutARPB 05 24 2012 w/ backupCHAIRMAN: VICE CHAIRMAN: BOARD MEMBER: ALTERNATE MEMBER: Robert Ganger Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones Thomas M. Stanley May 17, 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, MAY 24, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II. Roll Call. III. Minutes of the Regular Meeting and Public Hearing of 4-26-12. IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. June 28, 2012 @ 8:30 A.M. b. July 26, 2012 @ 8:30 A.M. c. No meeting in August d. September 27, 2012 @ 8:30 A.M. e. October 25, 2012 @ 8:30 A.M. f. November to be determined g. December 27, 2012 @ 8:30 A.M. VI. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by James F. & Pamela Landquist, owners of the property located at 800 Tangerine Way, Gulf Stream, Florida, which is legally described as Lot 16, Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit a 155 sq. ft. garage addition to the existing 396 sq. ft. garage that encroaches 7.8 ft. into the required 20 ft. rear setback. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit a 155 sq. ft. garage addition to the existing Gulf Stream Bermuda Style single family dwelling. 2. An application submitted by John & Elisabeth Woolley, owners of property located at 935 Orchid Lane, legally described as Lot 88, Place Au Soleil Subdivision, Gulf Stream Florida. a. LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW to permit the replacement of existing broken, awning type windows in all existing openings visible from the street with triple horizontal sliders. The sliders will have impact glass set in white frames. B. Ordinances 1. No. 12/2; AN ORDINANCE OF THE TOWN COMMISSION OF.THE TOWN OF GULF STREAM, PALM BEACH, COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; FROM THE PALM BEACH COUNMTY DESIGNATION OF RM -MULTIPLE -FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE AGENDA CONTINUED TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. 2. NO. 12/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71-1, TO INCLUDE NEWLY -ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66-131, THE NON- CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON -CONFORMING DENSITY; ADDING SECTION 71-8, ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDITIONS AND REHABILITATION OF MULTI -FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. VII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-71, Floor Area Ratio (continued from 4-26-12) VIII. Items by Board Members. IX. Public. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, APRIL 26, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II. Roll Call. Present and Participating Absent w/Notice Also Present and Participating Chairman Ganger called to order at 8:30 A.M. Robert W. Ganger Scott Morgan Paul Lyons, Jr. Malcolm Murphy Tom Smith Thomas M. Stanley Malcolm Murphy Amanda Jones William H. Thrasher Rita L. Taylor John Randolph Mark Marsh, Bridges, & Assoc. Marty Minor of Urban Design Kilday Studios Chairman Vice -Chairman Board Member Board Member Board Member Alt. Member sitting as Board Member Board Member Alt. Member Town Manager Town Clerk Town Attorney Agent/Davis Town Consultant III. Minutes of the Regular Meeting and Public Hearing of 3-22-12. Vice -Chairman Morgan moved and Mr. Smith seconded to approve the Minutes of the Regular Meeting and Public Hearing of March 23, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. May 24, 2012 @ 8:30 A.M. b. June 28, 2012 @ 8:30 A.M. c. July 26, 2012 @ 8:30 A.M. d. No meeting in August e. September 27, 2012 @ 8:30 A.M. Chairman Ganger asked the Board Members if there were any conflicts in the meeting schedule. Vice -Chairman Morgan stated that he would not be available for the May 24th meeting. Mr. Lyons stated that he would not be available for the July 26th meeting. Chairman Ganger said he is hoping that, at the end of this meeting, the Board will have concluded the re -writing of the ordinances and that it will go to the Commission for 1st reading at their May 11th meeting. Clerk Taylor said the ARPB recommendations will go to the Commission, but they will not be in ordinance form. She said one ordinance is prepared and is sufficient; however, she said it was decided to hold the ordinance until the process is complete. Chairman Ganger said he will assume that 15t and 2nd readings will have been done by the Fall. Chairman Ganger said the Regular Meeting and Public Hearing Architectural Review and Planning Board - April 26, 2012 Page 2 public is very interested in what the ARPB is doing to make changes in the Code and they feel it has taken a long time. Clerk Taylor said the public will have to understand that these things take time. Chairman Ganger said it would be to the public's benefit to attend the meetings. VI. Reorganization of ARPB. A. Swearing in of re -appointed members Clerk Taylor administered the Oath to Robert W. Ganger, Scott Morgan and Tom Smith who were re -appointed to the ARPB for another 3 -year term. B. Election of Chairman Mr. Morgan moved and Mr. Lyons seconded to nominate Robert W. Ganger as Chairman. There was no discussion. All voted AYE. C. Election of Vice Chairman Mr. Smith moved and Mr. Lyons seconded to nominate Scott Morgan as Vice - Chairman. There was no discussion. All voted AYE. VII. Items Related to Previous Approvals. Clerk Taylor administered the Oath to Mark Marsh, Agent for Davis, and to James Davis, property owner. Chairman Ganger asked Clerk Taylor to go through the timeline concerning this matter. Clerk Taylor said this project was first presented to the ARPB one year ago this month and, at that time, the ARPB recommended approval with the condition of a "grey roof." She said the project and ARPB recommendations were presented to the Commission in May of 2011 and the Commission approved the ARPB recommendations, with the exception of the roof tile. Clerk Taylor said the Commission asked to see a roof tile sample and then Mr. Marsh distributed photos of similar roofs, including a photo of the Ocean Ridge Town Hall. She said the Commission approved the roof tile with the condition that they see a sample of the roof tile material, but she said nothing happened until recently. Clerk Taylor said Mr. Marsh came back to the ARPB on January 26th with changes to the design of the house, there was no discussion with regard to the roof material, but she said the commitment was made that the ARPB would need to review any revisions. Mark Marsh said he would come back to ARPB with an actual roof tile sample which he said would be closer to the Ocean Ridge Town Hall roof tile. Clerk Taylor said the ARPB's Motion stipulated that the adjustment of color and texture of the roof tile was to come back to the ARPB for approval, which is what Mr. Marsh will present today. However, Clerk Taylor said, as result of the Commission asking to see the tile one year ago, the ARPB will be able to make their recommendations today for the Commission to consider at the May 11th meeting. Chairman Ganger asked if there has been any ex -parte communication. He said he drove by the Davis property this morning. There were no other declarations of ex -parte communication. A. Change of roof tile at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis. Mark Marsh said he initially presented a tile that had a bit of a glaze and he is now proposing a smaller tile with a matt finish. He said the architectural style of the home is Cape Dutch which typically features a white exterior with a dark grey roof. Mr. Marsh displayed the smaller Regular Meeting and Public Hearing Architectural Review and Planning Board - April 26, 2012 Page 3 tile with a matt finish, the color of which is called natural slate and he said it is equal or superior to the other white tile. He said you will not see much of the roof because of the pitch. Mr. Marsh said the tile on Ocean Ridge Town Hall is a blend of black, grey and white and the Entegra tile he is proposing is a solid color. He said he would like to encourage diversity and the architectural style merits contrast. Chairman Ganger asked Mr. Marsh about the color of the shutters. Mr. Marsh said they will be gun metal grey. Vice -Chairman Morgan commented that he likes the roof tile and agrees that the architectural style warrants contrast. Mr. Smith also commented that he likes the roof tile more than the previous tile proposed. Chairman Ganger reminded the Board Members that at the last meeting the Board made the decision that roof tile must be white or slate, not slate -like. He said the minutes from that meeting state that roof tile shall be flat, white thru and thru, smooth, un -coated tile, except that gray slate may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences. The Town Clerk advised that this provision was only applied to Section 70-238. It was suggested to revisit the Code changes and possibly build the Cape Dutch architectural style into the Code. Vice -Chairman Morgan said the gray roof should be limited to this architectural style with the white exterior. Mr. Smith moved and Mr. Lyons seconded to recommend approval of the proposed solid through and through dark cement tile. There was no discussion. All voted AYE. VIII. Items by Staff. A. Proposed Zoning Code Changes 1. Section 70-71, Floor Area Ratio Mr. Minor reminded that there has been a concern with houses appearing to be more "box -like". He further reminded that in discussions of FAR Calculations, attention had been given to adding more visual interest to the design. In so doing, porches, balconies, etc. that were roofed but not enclosed were included in the FAR calculation. In addition, this would limit the size of homes. The result has been that this interest and the required 25% reduction of the size of the 2nd floor as compared to the size of the 1st floor, for the most part, is being concentrated in one area, often the rear, which adds to a box -like appearance. He then explained 4 options to possibly improve the design. These are: Eliminate porches, patios, balconies and arcades from the FAR calculations up to 400 square feet. Allow additional FAR for the lot if the second story of the home is set back a minimum of 10 feet from the front setback line. We have provided three options for the increase in FAR for this second story setback for the ARPB's consideration. Limit the second floor area of homes to be .75 of the first floor area in all single family zoning districts. Regular Meeting and Public Hearing Architectural Review and Planning Board - April 26, 2012 Page 4 Allow front porches and balconies to extend within front setback. With regard to Option 1, there was no vote but it was thought that the current provision which allows an additional 300 square feet through a Special Exception better fits with regard to open porches etc. due to the accompanying deed restriction that prevents the open, roofed areas from being enclosed. It was unanimously voted to provide the suggested incentive FAR in Option 2 by adding 5% allowable FAR to the portion of square footage of the lot over the first 20,000 sq. ft provided the 2nd floor was setback an additional 10' from the front property line. The motion was made by Mr. Lyons and seconded by Mr. Morgan. It was felt this may help to reduce the box -like appearance of the structure. With regard to Option 3, it was moved by Mr. Morgan and seconded by Mr. Lyons that the current 75% reduction of the 2nd floor be further reduced to 70% of the 1st floor area in all single family districts to also address the problem of a box -like appearance. No vote was taken but the discussion indicated the members favored this change. There was very little discussion on Option 4 and it is expected this along with all of the other options will be further discussed at the next meeting. Chairman Ganger observed that most of the options are incentive driven which may not solve the box -like appearance. He ask Mr. Minor if he could offer any additional solutions for consideration after hearing this discussion. He added that he did not believe the Town is interested in adding strict mandatory provisions. Mr. Minor replied that he may for consideration at the next 2. Section 70-68, There were no recommendations IX. Items by Board Members be able to offer a few more suggestions meeting. Lot Size & Dimensional Requirements to change this section. There were no items by Board Members. X. Public. There were no items by the Public. XI. Adjournment. Mr. Smith moved and Vice -Chairman Morgan seconded to adjourn the meeting. There was no discussion. The meeting was adjourned at approximately 10:25 A.M. Gail C. Abbale Administrative Assistant TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application #: 012 -04 Address: 800 Tangerine Way Proposed Improvement: Approvals Requested: Owner: James F & Pamela Landquist Agent: Self Garage addition Special Exception: To permit a 155 SF garage addition to the existing 396 SF garage that encroaches 7.8 feet into the required 20 feet required setback. Level III Architectural /Site Plan: Gross Lot size: 14,375 SF Proposed Total Floor Area: 3,336 SF Zoning District: RS -P Finished Floor: N/A Issues Considered During Review: Section 70 -67 Effective lot area Section 70 -70 Floor area calculations Section 70 -74 Setbacks To permit a 155 SF garage addition to the existing Gulf Stream Bermuda style single family dwelling. Effective Lot Area: 14,375 SF Allowable: 4,744 Height: 13.5' Section 70 -75 Special exception setbacks (c) Additions to structures with existing nonconforming setbacks. Note: Application appears to meet the standards for approval. Section 70 -100 Roof and eave heights Motion to recommend approval for a Special Exception to permit a 155 SF garage addition to the existing 396 SF garage that encroaches 7.8 feet into the required 20 feet required setback. Motion to recommend approval Level III Architectural /Site Plan based on a finding that the proposed 155 SF garage addition to the existing Gulf Stream Bermuda style single family dwelling meets the minimum intent of the Design Manual and applicable review standards. ARPB Date: May 24, 2012 Action: Special Exception: Recommend approval as requested. (4 -0) Level III Architectural/ Site Plan: Recommend approval as requested (4 -0) TC Date: June 8, 2012 Action: Special Exception Approved as requested & recommended. (4 -0) Level III Architectural/ Site Plan: Approved as requested and recommended including proposed landscaping. (4 -0) Town of Gulf Stream TOWN OF GULF STREAM QRECEIVr APP i 69? APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream Architectural Review and Planning Board, Board of Adjustment, and /or Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual for Application for Development Review Form. Failure to complete this form properly will delay its consideration. ARPB File # To be completed by all applicants. PART II. GENERAL INFORMATION A. Project Information I.A.I . Project/Owner Name: UA-M -ES 4:-1 (- RN (Q0 t) t S'r A-(VQ P4/kEG4 L WOO-01 S T I.A.2. Project Address: 800 T*116jF-rL(Il/ IF VVAY Got r �T��� � � 33'l Y& I.A.3. Project Property Legal Description: L d T J6., pttfcE 4d SOLE / L I.A.4. Project Description (describe in detail, including # of stories, etc.). ADD ,.q f X 19114" •-M n V WA, I.A.5. Square Footage of New Structure or Addition: 16--5- —eGL T--f Architectural Style: _ WILH F-- Xt ' l K ) L- 1 .A.6. Check all that apply:' Architectural /Site Plan Review ❑ Land Clearing ❑ North Ocean Boulevard Overlay (complete section B) ❑ Demolition of Structures ❑ Non - residential uses ❑ Variance (complete section G) W Special Exception (complete section E) 1.A.7. (a) Proposed F.F.E.: B. Owner Information Type of Foundation: SI P OH 606,'Dt- I.B. I . Owner Address: 906 Tij -N6 IE ! Al '_?,e/�3 1.B.2. Owner Phone Number: -5-1PI 76(o -776& Fax: S 7'4 - 0((1 114 1.B.3. Owner Signature: C. Agent Information I.C.1. Agent Name and Firm Name: se %- I.C.2. Agent Address: I.C.3. Agent Phone Number: (o) cell Fax 1.C.4. Agent Signature: Official Use Only Pre -App Date: ARPB Date: App Date: Recommendation: Corn Date: TC Date: Decision: 3 S Y3 14 Application for Development Approval Form ADA.2000 revised 6/13/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre - application conference with Town Staff Please be concise but brief. Attach additional sheets only when necessary and be sure to include the a question number for each response. Please and complete A. Project Description and Justification III.A.1. In what zoning district is the project site located? L P 5 ` 10 III.A.2. Is the project compatible with the intent of the zoning district? VYes ❑ No Explain. Co III.A.3. Is the project consistent with the Future Land Use Map and goals, objectives and policies of the Comprehensive Plan? ;'Yes ❑ No Explain, III.A.4. How are ingress and egress to the property to be provided? III.A.5. How are the following utilities to be provided to the property? a. Stormwater Drainage /1/k- b. Sanitary Sewer __ Xi ST�n1w c. Potable Water d. Irrigation Water hi�'r7h�U e. Electricity X11InNe, f. Telephone Ko j g. Gas h. Cable Television rx /S --u III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66 -144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) PART IV. ADDITIONAL INFORMATION Section A is to be completed by all applicants after pre- application conference with Town staff. Answering "Yes" to any question in Section A requires the completion of additional Sections as indicated. A. Additional Approvals /Requirements IV.A.1. Does the project involve land area within fifty feet (50') of the Al (North Ocean Boulevard) right -of- way? ❑ Yes CO No (If "Yes ", section B of this part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? ❑ Yes N(No (If "Yes ", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an existing vacant lot or more than fifty percent (50 %) of the landscaped area of a developed lot? ❑ Yes f,'N0 (If "Yes ", section D of this part must be completed.) IV.A.5. D es the project require approval of a Special Exception? ;'Yes ❑ No (If "Yes ", section E of this part must be completed.) IV.A.6. Is the prof ct at variance with any regulations contained in the Zoning Code? ❑ Yes XNo (If "Yes ", section G of this part must be completed.) Application for Development Approval Form ADA.32000 Page 3 - v��cdlll E. Projects Requiring a Special Exception. IV.E,1, Is the proposed use a permitted special exception use? 1(Yes ❑ No Code Section: IV.E,z. How is the use designed, located and 7 welfare, and morals will be protected? proposed to be operated so that the Public health, safety, IV.E,3. Will the use cause subst ntial in'u be located? 11 Yes o rY to the value of other property in the neighborhood where it is to Explain. J7 1r 111i C � 4 'H 1 IS L How will the use be com Patible Ott is to be located? with adjoining development and the character of the District here it 0' gFPu1,r'— 60P. P-S-Ma itJ —n IV.E.5. What landscaping P g and screening are provided? s E LA -WoSco IN6 Lr�s � PI(LN t bib IV.E.6. Does the u conform with all applicable regulations governing located? 9Yes 1:1 No g the District wherein it is to be Explain. F. Non - Residential Projects and Residential Projects of Greater than 2 Units IV.F.1. If common area facilities are to be provided, describe them and how the i 11� Y are to be maintained. IV.F,2. If recreation facilities are to be provided, describe them and their Potential acts properties. enial im P on surrounding N i A- IV.F.3. 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PALM BEAC{{ • FLORIDA 11117 REVISION NOIaTI -1 O ro n n' 0 ORDINANCE NO. 12/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD A1A, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE - FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town, through referendum, annexed 12 properties consisting of 16.6 acres, more or less, generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, on March 15, 2011. WHEREAS, the subject 16.6 acres currently has a Palm Beach County zoning designation of RM- Multiple- Family Residential (Medium Density). WHEREAS, the subject property has a Town future land use plan designation of of MF (Multi- Family). WHEREAS, the Town desires to amend its Zoning Map to designate the subject property as RM (Multiple Family Residential District), which is consistent with its future land use designation. WHEREAS, the Town Commission, upon recommendation from the Architectural Review and Planning Board, recommends amendment of the Town's Zoning District Map to reflect the rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. Incorporation of Recitals. The above recitals are incorporated as fully set forth herein. Section 2. Findings. The proposed rezoning of the 12 parcels, legally- described in Exhibit "A" attached, has been determined by the Architectural Review and Planning Board and the Town Commission to be consistent with the properties' MF (Multi - Family) future land use designation. It has also been determined that the rezoning is in harmony with the general purpose and intent of the Town's Comprehensive Plan and Land Development Regulations and is compatible with the intensity and density of the surrounding, existing and future land uses. Section 3. Rezoning. The 12 properties of real property located within the corporate limits of the Town of Gulf Stream, consisting of approximately 16.6 acres, more or less, in size located generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, and currently zoned Palm Beach County designation of RM- Multiple - Family Residential (Medium Density) is hereby rezoned to RM (Multiple Family Residential District). Section 4. Amendment to the Zoning Map. The Town of Gulf Stream Zoning Map is hereby amended to conform to this Ordinance, and the Town Manager is hereby authorized and directed to make appropriate changes to the zoning district map of the Town. Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 8th day of June , 2012, and for a second and final reading on this 13th day of July 2012. Mao Vic Nl�j Commissioner Comniiissioner Commissioner ATTE Town Clerk EXHIBIT A LEGAL DESCRIPTION: A tract of land lying within Government Lot 2 of Section 34 Township 45 South Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 370 feet more or less to a point lying at the intersection of the West line of Government Lot 2 and a line parallel to and 2219 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 2219 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point, said point being the Southeast corner of the parcel as described in Schedule "A" as recorded in ORB 7236, PG 1193, official records of Palm Beach County, Florida; thence run northerly along a line parallel to the West line of Government Lot 2 a distance of 300 feet more or less to a point, said point being on a line parallel to and 1919 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line, and said point being the Northeast corner of the parcel as described in the General Warranty Deed as recorded in OR BOOK 15065, PG 1967, official records of Palm Beach County, Florida; thence run westerly along said parallel line 1919 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point on the West line of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 667 feet more or less to a point of intersection with the North line of Lot 17, Benson Bros. Subdivision as recorded in PB 5, PG 27, public records of Palm Beach County, Florida; thence run easterly along the easterly projection of the North Line of said Lot 17 to the centerline of State Road A -1 -A, thence run southeasterly along the centerline of State Road A -1 -A a distance of 325 feet more or less to a point, said point being on a line parallel to and 1569.0 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 1569.0 feet south of the North line of Government Lot 2 a distance of 510 feet more or less to the waters of the Atlantic Ocean; thence run southerly along the waters of the Atlantic Ocean a distance of 1010 feet more or less to the point of intersection of said waters and the South line of Government Lot 2, thence run westerly along the South line of Government Lot 2 a distance of 605 feet more or less to the point of beginning. ORDINANCE NO. 12/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD A1A, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE - FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town, through referendum, annexed 12 properties consisting of 16.6 acres, more or less, generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, on March 15, 2011. WHEREAS, the subject 16.6 acres currently has a Palm Beach County zoning designation of RM- Multiple- Family Residential (Medium Density). WHEREAS, the subject property has a Town future land use plan designation of of MF (Multi- Family). WHEREAS, the Town desires to amend its Zoning Map to designate the subject property as RM (Multiple Family Residential District), which is consistent with its future land use designation. WHEREAS, the Town Commission, upon recommendation from the Architectural Review and Planning Board, recommends amendment of the Town's Zoning District Map to reflect the rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. Incorporation of Recitals. The above recitals are incorporated as fully set forth herein. Section 2. Findings. The proposed rezoning of the 12 parcels, legally- described in Exhibit "A" attached, has been determined by the Architectural Review and Planning Board and the Town Commission to be consistent with the properties' MF (Multi - Family) future land use designation. It has also been determined that the rezoning is in harmony with the general purpose and intent of the Town's Comprehensive Plan and Land Development Regulations and is compatible with the intensity and density of the surrounding, existing and future land uses. Section 3. Rezoning. The 12 properties of real property located within the corporate limits of the Town of Gulf Stream, consisting of approximately 16.6 acres, more or less, in size located generally located south of Little Club Road, north of Sea Road and east and west of State Road A1A, and currently zoned Palm Beach County designation of RM- Multiple - Family Residential (Medium Density) is hereby rezoned to RM (Multiple Family Residential District). Section 4. Amendment to the Zoning Map. The Town of Gulf Stream Zoning Map is hereby amended to conform to this Ordinance, and the Town Manager is hereby authorized and directed to make appropriate changes to the zoning district map of the Town. Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 8th day of June , 2012, and for a second and final reading on this 13th day of July 2012. Mao Vic Nl�j Commissioner Comniiissioner Commissioner ATTE Town Clerk EXHIBIT A LEGAL DESCRIPTION: A tract of land lying within Government Lot 2 of Section 34 Township 45 South Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 370 feet more or less to a point lying at the intersection of the West line of Government Lot 2 and a line parallel to and 2219 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 2219 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point, said point being the Southeast corner of the parcel as described in Schedule "A" as recorded in ORB 7236, PG 1193, official records of Palm Beach County, Florida; thence run northerly along a line parallel to the West line of Government Lot 2 a distance of 300 feet more or less to a point, said point being on a line parallel to and 1919 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line, and said point being the Northeast corner of the parcel as described in the General Warranty Deed as recorded in OR BOOK 15065, PG 1967, official records of Palm Beach County, Florida; thence run westerly along said parallel line 1919 feet south of the North line of said Government Lot 2 a distance of 110 feet more or less to a point on the West line of said Government Lot 2, thence run northerly along the West line of Government Lot 2 a distance of 667 feet more or less to a point of intersection with the North line of Lot 17, Benson Bros. Subdivision as recorded in PB 5, PG 27, public records of Palm Beach County, Florida; thence run easterly along the easterly projection of the North Line of said Lot 17 to the centerline of State Road A -1 -A, thence run southeasterly along the centerline of State Road A -1 -A a distance of 325 feet more or less to a point, said point being on a line parallel to and 1569.0 feet south of the North line of said Government Lot 2, being measured perpendicular to said North line; thence run easterly along said line parallel to and 1569.0 feet south of the North line of Government Lot 2 a distance of 510 feet more or less to the waters of the Atlantic Ocean; thence run southerly along the waters of the Atlantic Ocean a distance of 1010 feet more or less to the point of intersection of said waters and the South line of Government Lot 2, thence run westerly along the South line of Government Lot 2 a distance of 605 feet more or less to the point of beginning.