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HomeMy WebLinkAboutDocumentation_Regular_Tab 8C_5/11/1995 -11 � Memorandum To: Village Council From: Thomas G. Bradford, Village Manager Date: May 3, 1995 Subject : Commercial Activities on the Loxahatchee River; Agenda Item At the April 13, 1995 Village Council Meeting, the Village Council requested the Village Manager review the activities of Palm Beach County and the Town of Jupiter relative to concerns about commercial activities on the Loxahatchee River and report the same and provide a recommendation to the Village Council . In this regard, I have secured the following: 1) Copy of the draft Ordinance prepared by Palm Beach. County to prohibit commercial activities on the Loxahatchee River. 2 ) Copies of information provided to me by the Town of Jupiter indicating their Town Council actions to date relative to the same. 3) Record of Loxahatchee Council of Governments action on this issue at, their March. 29, 1995 meeting. Previously, when we have discussed this subject, I have informed the Village Council that I have never received a single telephone call or complaint relative to such activities . This continues to be the case. However, since that time, I have heard the concerns of others expressed in public forums about this activity and have come to the conclusion that it is in the best interest of this community and for the preservation of the River as we know it, to limit such activities . My change Of opinion is premised on the fact that while it may not be objectionable to allow one or two vendors of food and drink on the River today, that such activities should be construed as a "foot in the door" and thus, a prelude to possibly greater commercial activities in the future. If you allow one, how can you disallow others? As far as I can tell, every land use abutting the Loxahatchee River and its tributaries west of the Alternate AlA Bridge is zoned residential. Commercial activities that could be expected in the future are not necessarily compatible with residential land uses . This last statement leads me to my recommendation as to what actions, if any, Tequesta should take in this regard. Because the overwhelming majority of Tequesta' s land uses which abut the Loxahatchee River and the Intracoastal Waterway are residentially zoned and the boundary- of each residentially zoned district of the Village extends to the center line of . the adjacent water Village Council May 4 , 1995 Page 2 body, including the Loxahatchee River, most of the commercial activities of concern transpiring within Tequesta ' s jurisdiction are not permitted uses . However, food vendors operating on the Loxahatchee River are not seeking a permit or occupational license to be granted to them for a permanent location within the residentially zoned areas of the Loxahatchee River, but, rather are engaging in traditional commerce (retail sales ) within a residential district. Therefore, in order to safely ensure that these commercial activities do not proliferate, even though it can be argued that they are currently not allowed, I would recommend to the Village Council adoption of an Ordinance along the lines of that drafted by Palm Beach County. Palm Beach County and the Town of Jupiter will be most interested in knowing the position -of the Village Council in this regard. Should you agree with my recommendation, then I will confer with the Village Attorney in order to have such an Ordinance drafted for your consideration at your next Village Council meeting. TGB/cm • . 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PALM BEACH COUNTY ATTORNEY'S OFFICE 301 NORTH OLIVE AVENUE, SUITE 601 WEST PALM BEACH, FLORIDA 33401 TEL: 407/355-2225 FAX: 407/355-4398 DATE: April 24, 1995 TO: Tom Bradford,Village Manager Village of Tequesta FAX NUMBER: (407)575-6203 TELEPHONE: (407)575-6200 • FROM: Heidi Juhl,Assistant County Attorney RE: Draft Floating Vendor Ordinance • TOTAL NUMBER OF PAGES (including this cover page): 7 If any transmission problems, please call Liz at 407/35S-2588. • Niwx%e1•44.4.“4.11146.4Mt,x01.44••MM•14.xn4.} ww0 •Y AY.tliktldl.Vfrf>.ltl4M.Mtw/RiA ..yw.. :44wJR'R�A:..:FGR :1 RVW.tXJ.Jx' IC?AI.. ..yr:why... .x•evw wec»ss[wRa.N [4.1nvw\L:.0,.. .�Y...n.L.:Penal ,,,,1Mvwwv INX2.wx%a.254 (g\m ounazAwpdata\mwr\lwoodAfu) . } • 1 ORDINANCE NO. 95- • 2 AN ORDINANCE OF THE BOARD OF COUNTY 3 COMMISSIONERS OF PALK BEACH COUNTY, • 4 FLORIDA, RELATING TO THE USE AND 5 OPERATION OF VESSELS IN THE WATERS OF 6 PALK BEACH COUNTY; SETTING FORTH THZ 7 PURPOSE; PROVIDING DEFINITIONS OF WORDS; 8 SETTING FORTH PROHIBITIONS; PROVIDING 9 PENALTIES FOR VIOLATIONS OF THIS 10 oRDINANCE; PROVIDING FOR REPEAL OF 11 ORDINANCE NO. 74-21; PROVIDING FOR 12 INCLUSION . IN THE CODE OF LAWS AND 13 ORDINANCES OF PALM BEACH COUNTY; 14 PROVIDING FOR SEVERABILITY; PROVIDING FOR 15 ENFORCEMENT IN THE INCORPORATED AND 16 UNINCORPORATED AREAS OF PAIN BEACH 17 COUNTY; PROVIDING AN EFFECTIVE DATE. 18 WHEREAS, Palm Beach County, a political subdivision of 19 the State of Florida (the "County") , pursuant to Chapter 125, 20 Florida Statutes, finds it necessary to provide for the 21 health, safety, and welfare of its residents; and 22 WHEREAS, in order to so provide, the Board of County 23 Commissioners deems it necessary to prohibit the use and 24 operation of certain vessels, as hereinafter defined, within 25 500 feet of fishing piers in Pala Beach County; and 26 WHEREAS, the Loxahatchee River has been designated part • 27 of the Loxahatchee River-Lake Worth Creek Aquatic Preserve 28 Under the Florida Aquatic Preserve Act of 1975 due to the 29 River's exceptional biological, aesthetic, and scientific 30 value; and 31 WHEREAS, A portion of the Loxahatchee River has also been 32 designated as wild and scenic under the National Wild and 33 Scenic Rivers program and was thus recognized as being of 34 national significance; and 35 WHEREAS, The land use along the shore of the Loxahatchee • 36 River between the Florida East Coast Railroad bridge and 37 Loxahatchee River Road is predoainantly residential; and • 38 WHEREAS, the use or operation of vessels in the 39 Loxahatchee River to sell food, beverages, and other items 40 raises health and safety concerns by contributing to litter, 41 pollution and congestion in and along the Loxahatchee River, 42 and is inconsistent with State Law designating the Loxahatchee • • • • 1 River as an Aquatic Preserve; and 2 WHEREAS, the Board of County Commissioners has made 3 findings that such commercial retail activity upon the ' / 4 Loxahatchee River has a negative impact on the scenic, 5 biological and recreational values of the River and is 6 incompatible with the residential character of the area; and 7 WHEREAS, Sections 327.22 and 327.60, Florida Statutes, 8 permit counties to enact local laws relating to the operation 9 of vessels within the waterways of their jurisdictions; and 10 WHEREAS, In order to prevent harm to the Loxahatchee 11 River due to pollution and litter, to prevent hazards to Pala 12 Beach county's citizens due to increased congestion and 13 associated nuisances, and to prevent incompatible commercial 14 activity in a residential area, it is necessary to prohibit 15 the use of vessels to sell food, beverages, and other items in ' 16 the Loxahatchee River. 17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF 18 COUNTY COMMISSIONERS OF PALK BEACH COUNTY, FLORIDA, that: 19 SECTION 1. Incorporation of Findings of Fact - The 20 recitations set forth in the "WHEREAS" paragraphs above are 21 incorporated by reference herein as findings of fact upon 22 which this Ordinance is based. 23 SECTION 2. Declaration of Legislative Intent - In order 24 to conserve the natural resources, prevent the creation of 25 nuisances, protect the public health, safety and welfare and 26 provide a 'coordinated recreational program for Palm Beach 27 County, it is necessary to control the areas surrounding 28 fishing piers within Palm Beach County and to prohibit the use 29 of vessels to sell .food, beverages, or other items in the 30 Loxahatchee River. • 31 SECTION 3. Definitions - As .used in this Ordinance, 32 unlUss some other meaning is plainly intended: 33 A. "Person" - means any individual, partnership, 34 firm, corporation, association, or other entity. 35 B. "Vessel" - means every description of water 2 • 1 craft or other artificial contrivance (such as a surfboard) 2 used or capable of being used as a means of transportation, 3 mode of habitation, or place of business or professional or 4 social association on the waters of Palm Beach County. 5 C. "Fishing Pier" - means any privately or 6 • publicly owned, operated, maintained or controlled structure 7 built out into the water and made available for use by the 8 public either gratuitously or for a fee for fishing. 9 SECTION 4. prohibitions . 10 A. It shall be unlawful for any person to use or 11 operate a vessel within a distance of 500 feet from any • 12 fishing pier.. This prohibition shall not apply to a 13 government official or employee, acting in such capacity,.who 14 is using or operating a vessel during an emergency. Nor shall 15 this prohibition apply to a person who is launching a vessel 16 from a dock, ramp, or marina, or who is navigating the only • 17 . available course to or from a dock, ramp, or marina. 18 B. No person shall use or operate any vessel in or • 19 upon the Loxahatchee River for the purpose_ of selling food, 20 beverages, or any other item from the vessel. For'purposes of 21 this Ordinance, "Loxahatchee River" means the 'area shown on 22 attached Exhibit A, including all navigable sections of the 23 Loxahatchee River. Nothing herein shall prohibit the sale of 24 food, beverages, or other items upon vessels in the 25 Loxahatchee River where such sale is merely incidental to 26 other lawful commercial activity and is not the sole or • 27 ' primary purpose of operation. 28 SECTION 5. Violations - Any person violating any • 29 provision of this Ordinance shall be guilty of a misdemeanor , 30 • of the second degree as provided by Section 775.081, Florida 31 statutes, and upon conviction thereof shall be punished in • 32 accordance with Section 775.082, Florida Statutes, relating to 33 the punishment of misdemeanors. 34 SECTION 6. Inclusion In Code - The provisions of this 35 Ordinance shall become and be made a of the Code of ',aria • 1 and Ordinances of Palm Beach County, Florida. Sections of 2 this Ordinance may be re-numbered or re-lettered to accomplish 3 such addition to the code, and the word "Ordinance" may be 4 changed to "Section", "Article" or other appropriate words. 5 SECTION 7. Severability If any section, subsection, 6 sentence, clause or provision of this Ordinance is held 7 invalid by a Court of competent jurisdiction, the remainder of 8 this Ordinance.shall not be affected by such invalidity. 9 SECTION 8. Anlication - This Ordinance shall constitute 10 a uniform law applicable in all the unincorporated and 11 incorporated areas in Palm Beach County. 12 SECTION 9. Repeal of Ordinance No. 74-21 - Palm Beach 13 County Ordinance No. 74-21 is hereby repealed and, upon the 14 effective date hereof, will be of no further force or effect. 15 SECTION 10. Repeal of I, ws in Conflict - All local laws 16 and ordinances applying to the incorporated and unincorporated 17 area of Palm Beach County in conflict with any provisions of 18 this Ordinance are hereby repealed, to the extent of such 19 conflict. 20 SECTION 11. Effective Date - The provisions of this 21 Ordinance shall become law upon receipt of acknowledgment 22 from the Secretary of State, State of Florida. 23 APPROVED AND ADOPTED by the Board of County Commissioners of 24 Palm Beach County, Florida, on the day of 25 1995. 26 PAIN BEACH COUNTY, FLORIDA, 27 BY ITS BOARD OF COUNTY COMIISSIONERS 28 By 29 Chair 30 APPROVED ]1S TO FOWL AND 31 LEGAL £OPYZCIH I(!Y 32 Twit- 33 34 (remainder of page left blank intentionally) 4 1 Acknowledgement by the Department of State of the State 2 of Florida, on this, the day of 3 19 EFFECTIVE Da'1ai Acknowledgement from the 4 Department of State received on the day of 5 , 19 , at .M. and 6 filed in the Office of the Clerk of. the' Board of county 7 Commissioners of Palm Beach County, Florida. 8 (remainder of page left blank intentionally) 9 10 (g:\common\wydata\anvir\hjuhl\vassals) 5 • . ,. N . . I . . 0 .„ •....... ...i,„„„,„... IA . , . .. pl. _••• , . _ 1 , . . - . ... • ` . TZQUC$TA DR. . • • . I 4 . . 4.i,.. e › . ,.. ,„fiii . ...„.., .„:„.. . ,...,/,:, . . ir•-e,,, ,,„,zo , , ,1: ' 01 0 ' r. N �Lw. . •.. 1 - .-- 1 ‘ '' t. . _ • lrnwrron RD. (a 708) INDIANTOVN RD. (8.R. 708 i • 1(it . %%II _. Loxahatchee River - � Eaet=711oundary being Florida East Coast ReilAwid bridge 1001,,Crk • Ao:Wr 210 Military Trell 6- 41° 407/7484134 Jupiter, Florida 33458 2:; 11 , * - FAX 407/5754785 A _ 10 I Town of Jupiter niaCCOUSCM---aL1=3 OWE /74-..1a4 - T/NE • • To: 7-4117")_ 7.1) •, FROM: OJ &ATI Xelf,"-#2117210141 --- TOTAL SOO= OF PAGES, INCLUDING COVER LETTER: • oRiGnuu. nocanwrs TO poLLow ( YES ( NO) VIA: US MAIL FEDERAL REPRESS OTHER (=MUNI Minns • /9/24)_411/01J eAttet,. ./. • IF YOU DO NOT RECEIVE ALL PAGES HAVE ANT PROBLEMS NITS • THIS TRANSMISSION, PLEASE CALL AS SOON AS P068/8142. • • • • TO PIM Ws • 4- • TIC MINUTES PAGE 8 APRIL 4. 1995 III. WORT§ (Continued) TOWN MANN= (Continued) 2. Mr. Evett highlighted the proposed budget calendar. TOWN COUNCIL COMMENTS MILSILOR McCARTHY - Supported Mr. Kelly's comments regarding amending the Code to allow two recreational vehicles per residence. Consensus of Council agreed to ask staff to survey other munldpalties. • COUNCILOR DANIELS - Suggested staff forward Coundl's position(as stated in the Resolution) In response to the Pierllegal ad. Consensus of Council agreed. Also, provided a brief report regarding the revised plans for the new Pier In Juno Beach. CQ CILO IIU NDERSQN - Suggested Council consider hiring a consultant to review the northeast • corridor. MAYOR GOLONKA - Asked staff to Investigate drainage solutions, prior to completion of the Master Plan, for Fiisherman's Landing. - Updated Council on Council of Governments action regarding commercial operations on the Loxahetchee River. - Asked for Information regarding the amount of funding remaining for donations to organizations. - Suggested staff use dear and easy to read print for reports, when possible, similar to the ABACOA report provided in January 1995. - Asked staff to Investigate compliance at Glastec Boat Storage. • ADJOURNMENT - 10:10 P.M. 41 ip ly M. Boylan, C, Town Clerk • Kara . G. onka, r or ' ' �}.. . . r•. TIC MINUTES PAGE 7 SEPTEMBER d. 1 0 • • • I. 5111,1C HEANG (Continued) B. heW BUSINESS 1. Sacial Pe it c54-SP-91. - Application of Richard Langes for approval of a Class"Be special permit for a nesting snack bar, known as "Ric-o-Shaz", In the Intracoastal. Waterway directly behind the • Chamber of Commerce and the sandbar west of the railroad bridge. Mayor Galonka said staff had amended the report and removed the • request to locate on the sandbar west of the railroad bridge. • Mr. Langes presented his application for the Class "E" spedal penrit in order to be granted an occupational license within the Town. He requested the following: between the hours of 10:00 A.M. and sunset, the floating snack bar to be moored in the Intracoastal Wate vvay directly behind the Jupiter-Tequesta-Juno Beach Chamber of Commerce and Burt Reynolds Park(Tuesday through Friday) and the Sandbar west of the railroad bridge (Saturday and Sunday). • Mr. Riol, Planning and Zoning Administrator, explained the applicant hid revised his request, as follows: to boats on the Intracoastal Waterway directly behind the Jupiter-Tequesta-Juno Beach Chamber of Commerce and Burt Reynolds Park(Tuesday through Friday); and the Intracoastal Waterway east of the railroad bridge and north of Burt Reynolds Park (Saturday and Sunday). This modification was based upon the 5-0 vote of the Jupiter Inlet District to oppose the request and protect the aquatic preserve, located west of the railroad bridge. The Department of Community Development recommended approval subject to numerous condition, recommendations from the Planning and Zoning Commission and the applicants revised mooring locations- The Planning and Zoning Commission recommended approval (7.0 vote) subject to the following modifications: • The applicant will be permitted no more than ten patrons on the boat at one time. This number may be subject to change with Gout Guard motion for additional passengers; , • The Town of Jupiter be added to the applicants insurance policy as additional insured for the limit of the coverage. The Town of Jupiter shall accept no liability in the event of any lawsuits; and • Any additional conditions from the Jupiter Inlet District are to be • included In these conditions. TIC MINUTES • PAGE 8 ,•; $EPTEMBER Q. 1994 EuBliallgaiti.G, (Continued) • 8. HUM SINES (Continued) 1 Egerit - Ric-o-Shaz (Continued) • The following citizens offered comments regarding the application. Mr. William Wescott, Jupiter Inlet District Commissioner and Mr. Michael Grails, Jupiter Inlet District Executive Dir r, reiterated theipermit August 16, 1994 memo to Mr. Evett opposing request In the area west of the river and offered clarifications regarding the sea grass studies. For the record, Council also received four additional letters opposing commercial operations in the Loxahatchee River, west of the railroad bridge. Mr. Chris Cope, co-owner of Water Weenies, which is located east of the Indiantown Road bridge, indicated Town Council approval in 1988 specified Council would only approve a total of two boat licenses,due to safety concerns. Mr. Cope also asked for ctarfications regarding restroom facilities. • • Mr. Patrick Gordon, 118 W. Riverside Drive, questioned jurisdictional - authority and suggested to postpone the item due to conflicting information regarding the amended application. Mr. Mike Powell, 159 Pinewood Court, spoke in support of the -.,• application, Mr. Tony Richmond, owner of BarnacleBob's, supported e Me thecollecting signatures for a petitionopposing the request and the two boat limit • • Mr. Dan Itleiser, 200 W. Riverside Drive, opposed commercial operations In the Loxahatchee River. 1j . VC MINUTES PAGE 9 • Ageigingai.1994. i, vsaLIC HEARING. (Continued) • • B. figtalLSKESS (Continued) 1. Soecial Pelt (54-SP-941 - Ric-o-Shaz (Continued) Council discussed many concerns regarding the locations of the boat. The Consensus of Council agreed to oppose any location west of the railroad bridge. Councilor Amero spoke in support of the dean operations at "Ric-o-Shaz". Mayor Golonka offered apologies to Mr. Gordon regarding,the conflicting Information staff received related to the applicant's change in locations. Mr. Baird stated the boat limit was at the discretion of the Town end that a decision by a previous Council would not bind the Council. Coundlor McCarthy moved to approve the application for waters east of the railroad bridge, as a temporary permit and suggested to review jurisdiction issues; seconded by Councilor Amero. Councilor Daniels suggested a time limit on recommended ded a onee permit and g sted yeer further studies. Mr. Riel stated staff expiration for the pem lt. . Councilor McCarthy amended ded e��� � that a I ude an � boabtion af December 31, 1994 an sugg reapply at that time; seconded by Councilor Amero. Mr. Riel indicated staff would provide a report, including 1988 approvals and other ongoing requests. Counci polled end passed the amended motion. • AMERO DANIELS QOLONKA HENDERSON MARTHY Yes Yee Yes Yee Yes 2. Wince 44-1 j($t Resdina Amendment to the Comte Plan-Town initiated text changes for the Town's Comprehenehre Plan amending sections of the Land Use Element and the Goals,Objectives • and Policies of the Future Land Use Element. (Second Reading after OCA approval) i�e I 011111 Village of Tequesta of`n APR 2 6 1995 Loxahatchcc Council of Govcrnn cnts Mcuiirr►s Village Manager's Office Palm Beach County Mailing Address: Martin County Jupiter Northern Palm Beach Tequesta County Water Control Jupiter Inlet Colony 357 Hiatt Drive Juno Beach • Palm Beach Gardens,Beach Gardens FL Jupiter Inlet District 33918 Northern Palm Beach County Water Control District South Indian River Water Control District luxahatchee River Environmental Control • District (ENCON) April 24, 1995 Tom Bradford, Village Manager Village of Tequesta • 357 Tequesta Drive • Tequesta, Florida 33469 Dear Tom: • At its meeting of March 29, 1995, the Loxahatchee Council of Governments(COG)considered the subject of commercialization in the Loxahatchee River. Following a discussion of the issue with input from the public in attendance at the meeting,the representatives of COG voted to"conceptually oppose commercialization of the Loxahatchee River, but request that Palm Beach County, Martin County,Jupiter,Tequesta and Jupiter Inlet Colony work together to develop a document that fairly addresses this issue,and present same to COG prior to final adoption". The Council members voted as follows: • Karen Marcus - Palm Beach County For Jim Lyons-Juno Beach For David Clark-Palm Beach Gardens For Carl C. Hansen-Village of Tequesta For Mike Grella-Jupiter Inlet District For Karen Golonka-Town of Jupiter For Peter L. Pimentel-Northern PBC Water Control District For Joe Ellis-Loxahatchee River Environmental Control District Against Gale English- South Indian River Water Control District Against Ron McLemore-Martin County Absent Nicholas Porto - Jupiter Inlet Beach Colony Absent Mr. Tom Bradford April 24, 1995 Page Two of Two If you have any questions or require additional information regarding this matter, please do not hesitate to contact me at (407) 624-7830. Very truly yours, ,/ (_• Peter L. Pimentel Chairman PLP/acm cc: Loxahatchee Council of Governments Members