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
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TOTAL NUMBER OF PAGES (including this cover page): 7
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1 ORDINANCE NO. 95-
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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
•
•
•
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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)
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_. Loxahatchee River - �
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East Coast ReilAwid bridge
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210 Military Trell 6- 41° 407/7484134
Jupiter, Florida 33458 2:; 11
, * - FAX 407/5754785
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Town of Jupiter
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TOTAL SOO= OF PAGES, INCLUDING COVER LETTER:
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IF YOU DO NOT RECEIVE ALL PAGES HAVE ANT PROBLEMS NITS
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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