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HomeMy WebLinkAboutDocumentation_Regular_Tab 04A_12/02/1993 1� JONES, F�OSTER, JOHNSTON & ST � ATTORNEYS ANO COUNSELORS \ `,� FIAOLEFi CENTER TOWEfi �;��i � 605 SOUTH FIAOLER Ofi1VE �,j ELEVENTH fLOOR U1un' !. ALEXAMOlN JOMN OLA7R MoCRACKEN � P. O. BOX �I7S p A/, sTEMEN J. AUCAM� �COtt 4 MoMUILEN WEHT PALM BEACH, FIORIDA a3402•J47 v ��� {�/ TiIAC� MAOIOTTI JOMN C. RANOOIYH (407� CSO•,OOO � JUYCE A. CONWAY JOMN C. MU MAi�CARET l. COOPER ANOiiEW i108Y fAx: (�07)8�2•145� �' I� / EDwARp O�AZ lTEVEN J. NOTMMAH �/, �� _., y9� .�� � E� tiEBECCA O. DOANE VE7ER A. 9ACM4 CNa510PNEA S. DUKE D CUInEA BMITM m O�� ), • vAUI C. WOLfE BCOTT O. HAWKIN8 &DNEY A. STUE68, JR. �( / T1qi7NTON M. MENNY ALIEN ii. iOMIIHHON '� ���� PETEA 9. MpITON JONN S. TRIMPER O' � qETIREO 4AiM �. KLEINFELO M�CMAEI 1. WALSN WRITER'8 DIRECT �INE: ___� ___, w,w�M �. rosren MICMAEL 7. KRAN2 N. AOAMB WEAYEN � �� ` � �Of COUN9EL l MANTIN fLANAfiAN November 4, 1993 VIA FAB: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 � Tequesta, Florida 33469 RE: Village of Tequesta Our File No. 13153.1 Dear Tom: Enclosed is a draft of an ordinance amendinq Section X(L) of the Code of Ordinances relating to the parkinq of trucks and recreational vehicles in the R-1A Zoning District of the Villaqe. You will note that the current ordinance has been modified so as to have the current restrictions relating to parking of such vehicles within residential districts of the Village apply only in the R-1, R-2 and R-3 districts. We have included an additional subsection which relates to the restrictions that will apply within the R-lA zoning District. By copy of this letter to William Sharpless, I request that he review this draft and advise as to whether or not it meets the intent of the Tequesta Country Club Community Association which has proposed these amendments. If you, or any member of your staff or Mr. Sharpless have any questions or comments in regard to this draft ordinance, please do not hesitate to contact me. If there are any suggestions for change, I would suggest that they be made prior to the meeting of the Council at which this draft is to be considered so that we can consider and perhaps incorporate said amendments. Sincer J n . Randolph JCR/ssm Enclosure . VILLAGE OF TEQUESTA '�` � Post OfC�cc Box 3273 • 357 Tcqucsta Drivc � � Tcqucsta, Florida 33469-0273 • (407) 575-6200 , � �' s Fax: (407) 575-6203 r t f O 1� � a •C 'r fOVM� . � October 22, 1993 John C. Randolph, Esq. Jones, Foster, Johnston & Stubbs, P.A. P.O. Drawer E West Palm Beach, Florida 33402-3475 Re: Request For Ordinance Ataending R-lA Zoning District Dear Skip: At the Finance and Administration Committee Meeting held on October 20, 1993, the Committee voted to proceed with amendments to the R- lA Zoning District that would provide for additional restrictions relative to the storing of trucks, equipment and recreational vehicles as was generally outlined in William Sharpless' letter of August 3, 1993, copy attached. As you stated in your letter of October 15th, these changes would occur at Section X, paragraph L. Please prepare an ordinance incorporating the changes to the Zoning Ordinance as referenced herein. The public hearing wherein this ordinance would be considered for first reading is tentatively scheduled for the next Village Council Meeting on November 18, � 1993. Accordingly, the ordinance prepared by you needs to be transmitted to me by Thursday, November llth so that it may be included with the Agenda packet� to be distributed the following day. By copy of this correspondence, Joann Manganiello, Village Clerk, is requested to begin preparations for provision of the necessary advertisement required for the adoption of an ordinance amending the Zoning Ordinance. It should be noted that at this same Finance and Administration Committee Meeting, the Committee members recommended proceedinq with first reading of the proposed Mixed-Use Zoning District ordinance, with amendments, which were reviewed at the meeting. Therefore, by copy of this letter, Scott Ladd is requested to make the necessary changes as requested by the Committee and forward a copy of the revised ordinance to the attention of the Village Attorney for his final review for leqal form and suff iciency. Thereafter, Mr. Ladd is requested to coordinate the necessary advertisement with the Village Clerk and submit the f inal ordinance to the Village Manager's office by November llth in accordance with the Tequesta agenda submission policy. R� ^�r!�� Pa��� John C. Randolph, Esq. October 22, 1993 Page 2 Should you have any questions regarding this correspondence, please contact me as soon as possible. Sincerely,___ __ 1 �---- - j / ;��'./�� Thomas G. Bradford Village Manager TGB/cm c: Scott D. Ladd, Building Official Joann Manganiello, Admin. Asst./Village Clerk � � �� �� JECK HARRIS JONES & KALIFMAN s ��� �`� Attorn and Counselors at Law 9 Y PM�IIPGC C JECK � "�/1WI�1�.�7 SUITE 400, RCYNOl05 �IAZA � O O�VVUNS[ � ♦UORCY MARRIS �pa� [AgT INOIANTOWN ROAO OCOfrRCr �. JONES � JUPITER,FLORID/�33477 L ���� ��s�99 i� JILI [. KAUfMAN (�07) 746•IOO2 � `� ,�,��� (4Q7) 20�•5004 (MARTIN COUNTh /� / TEIECOP�ER:(407) 747-411� . (, t \ � • Auqust 3, 1993 Mr. Thomas Bradford, Villaqe Manaqer Village of Tequesta 357 Tequesta Drive Tequesta, FL 33469 RE: Request for amendment of R1-A Zone: Dear Tom: On behalf of the Tequesta Country Club Community Association, Inc., board of directors, I am writinq to request that the Village amend the Zoning Ordinance to accomplish the followinq changes to the R1-A zone: 1. Provide that qrass and weeds do not exceed a maximum height of six inches (Village-wide ordinance permits maximum height of 12 inches). 2. Prohibit the parking of trucks, tractors, trailers, buses, mobile homes, campers, motor homes, motor cycles, boats and any other commercial vghicles on any lot or right- of-way, unless adequately screened or fenced on at least three sides so as not to be visible from any roadway, waterway or qolf course..The usual exceptions for temporary construction vehicles, routine delivery vehicles, trucks of persons providing a service to the homeowner durinq business hours or emergency service, and disabled vehicles for up to 24 hours shall apply. Furthermore, motor or mobile homes may be parked on a lot for up to 24 hours while the owner or driver visits the home of the lot owner. "Trucks" shall mean trucks of any size, both commercial and non-commercial, and shall include panel trucks, pickup trucks and other trucks, but shall not include passenger vans or panel vans with side passenger windows and rear passenqer seats, or 4 wheel-drive vehicles, such as Ford Explorer, Bronco and similar vehicles. In all other respects the vehicle classifications of the Florida Motor Vehicle Commission shall control. � ]FCK HARRIS JONES & KAllEMAN Mr. Thomas Bradford, Villaqe Manaqer July 30, 1993 Paqe Two Any vehicle with commercial letterinq on its side is deemed to be a commercial vehicle; unless the letterinq is on a removable siqn which is removed when the vehicle is parked. 3. Provide that permits to hold qaraqe or taq sales not be issued by the Village unless the applicable homeowners' association, if any, indicates its approval of the proposed sale. 4. Provide that siqns relating to the sale of properties within the zone conform to the requlations enclosed with this letter.. Gary Collins spoke with the Presidents of the Bay View Terrace (Bob Landgraff 575-7340), Bay Harbor (Richard Niebling 575-6401) and Shady Lane (Nancy Stephens 746-4480) home owners' associations who confirmed that their associations have also approved these proposed amendments and join in this request. Our association (and the others) intend to continue to enforce our covenants with the same viqor as in the past. These ordinance amendments should add very little to the Villaqe enforcement effort. Please let me know what, if anythinq, I or other TCCCA board members can do to help with this project. Thanks for your help. Sin erely, William M. Sharpless WMS/deb Enclosure .� �64 ORDINAIdCB I�IO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE N0. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDZNANCE OF THE VILLAGE OF TEQUESTA, AT SECTION X, RELATING TO SUPPLEMENTAL REGULATIONS, ITEM (L), SO AS TO PROVIDE RESTRICTIONS RELP,TING TO THE PARKING OF TRUCKS AND RECREATIONAL VEHICLES IN THE R-lA ZONING DZSTRICT; PROVIDING FOR SEVERABZLITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Ordinance No. 355, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section X, Paragraph (L) to read as follows: "(L) Commercial Vehicles and Trucks, Recreational Veh�[cles on Private Lots. (1) No commercial vehicles or trucks over three- quarters (3/4) ton rated capacity, may be parked on any property or right-of-way within a residential area. (a) Residential areas include all areas within the village other than C-1, C-2, C-3 and R/OP. (b) This restriction shall not apply to the temporary parking of such vehicles on private property in residential districts whereon construction is underway for which a current and valid building permit has been issued by the Village of Tequesta and said permit is properly displayed on the premises. (c) This restriction shall not apply to routine deliveries by tradesmen or the use of trucks in making service calls, providinq that such time period is actually in the course of business � deliveries or servicing, as the case may be. (d) This restriction shall not apply to the parking of emergency vehicles, provided that the time parked is actually necessary for the emergency. Further, the restriction shall not apply to volunteer emergency vehicles driven by residents of the Village of Tequesta and parked on their property. (e) This restriction shall not apply to a situation where such vehicle becomes disabled and, as a result of such emergency, is required to be parked within a residential district for longer than the time allowed herein. However, any such vehicle shall be removed from the residential district within twenty-four (24) hours by wrecker towing, if necessary, reqardless of the nature of the emergency, and the cost of such towing shall be at expense of the owner of the vehicle.. (2) Construction equipment, panel trucks, pickup trucks, vans, or similar types of trucks used for commercial purposes of not over three-quarters (3/4) ton rated capacity, recreational boating and camping equipment in the form of travel and camping trailers, boat trailers, boats on trailers and truck trailers designed and used as temporary living quarters for recreation, boating, camping or travel uses, parked on a lot containing a�single-family residence in the R-1, R-2 and R-3 Zoning Districts within the Village, shall be parked subject to the following conditions: (a) The equipment described in this subsection must be owned by and used primarfly by a resident of the premises; provided, however, that a guest of the resident of the premises may park such equipment in the front yard driveway for not more than three (3) consecutive days in any fourteen day period. For the purpose of this subsection, any part of a twenty-four hour period, measured from midnight to midnight, shall be considered as one (ij day. (b) The location for such parked equip�ent shall be in the rear yard or in the side yard to the rear of a line established by the front building line adjacent to the side yard where the equipment is located; provided, however, that such equipment is effectively screened on three (3) sides against direct view from abutting properties. A person who reasonably attempts to comply with the screening described herein by planting and maintaining a hedge which will become an effective screen in a reasonable period of time, not to exceed two (2) years, shall not be in violation of this subsection. Further, this subsection is not to be construed as requiring screening from direct view from the street in front of the lot. 2 (c) Any of the vehicles or equipment described herein may be parked in a garage or carport which is effectively screened on three (3) sides; provided, however, that no portion of the vehicle or equipment shall extend beyond the roof line. (d) Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner, and the equipment shall be in usable condition at all times. (e) Such equipment shall at all times have attached a current vehicle registration license plate and, if required, a current inspection sticker. (f) No major repairs or overhaul work on such equipment which constitutes either a public or private nuisance shall be made or performed on the site. (g) When parked on the site, such equipment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines, except as may periodically be required to maintain the equipment and appliances. (h) None of the vehicles or equipment described herein may be parked in the area between the street lot line and the structure nor in the right-of-way in front of the structure; however, one (1) of the vehicles described herein may be parked in the front yard driveway for a cumulative period not exceeding four (4) hours in any one (1) twenty-four hour period. (i) These restrictions shall not apply to the parking of emergency vehicles, provided that the time parked is actually necessary for the � emergency. Further, the restrictions shall not apply to volunteer emergency vehicles driven by residents of the Village of Tequesta and parked on their property. (j) The provisions and conditions set forth in subsection (2) .above are not intended to regulate the parking of vans or similar types of vehicles only used for personal transportation rather than commercial purposes. 3 (k) In the case of doubt as to the proper classification of a specific vehicle under the terms of this subsection, the determination by the Motor Vehicle Commission of the State of Florida shall be controlling. The body description and classification on the motor vehicle certificate of title shall be prima facie evidence of such determination. (3) In the R-lA Zoninq District of the Village, the parking of trucks, tractors, trailers, buses, mobile homes, campers, motor homes, boats, recreational boatinq and camping equipment in the form of travel and camping trailers, boat trailers, boats on trailers and truck trailers are prohibited from parking on any lot or right- of-way, unless adequately screened or fenced on at least three (3) sides so as not to be visible from any roadway, waterway, or golf course. For purposes of this section "trucks" shall mean trucks of not over three-quarters (3/4) ton rated capacity, either commercial or noncommercial, and shall include panel trucks, pickup trucks and other trucks, but shall not include passenger vans or panel vans with side passenger windows and rear passenger seats, or four wheel drive vehicles, such as Ford Explorer, Bronco and similar vehicles. In all other respects the vehicle classifications of the Florida Motor Vehicle Commission shall control. Any vehicle with commercial lettering on its side is deemed to be a commercial vehicle; unless the lettering is on a removable sign which is removed when. the vehicle is parked. The parking of trucks of more than three- quarters (3/4) ton rated capacity is prohibited within this zoning district pursuant to the provisions of subsection (1) hereof. In addition the followinq conditions shall apply: (a) The equipment described in this subsection must be owned by and used primarily by a resident of the premises; provided, however, that a guest of the resident of the premises may park a motor or mobile home in the front yard driveway for not more than twenty-four hours in any thirty (30) day period while the owner or driver thereof visits the home of the lot owner. �(b) The exceptions set forth in subsection (i) hereof shall be applicable to the vehicles described in this subsection. 4 (c) The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front buildinq line adjacent to the side yard where the equipment is located; provided, however, that such equipment is effectively screened in the manner described in this subsection (3). A person who reasonably attempts to comply with the screening described herein by planting and maintaining a hedge which will become an effective screen in a reasonable period of time, not to exceed two years, shall not be in violation of this subsection. (d) Any of the vehicles or equipment described herein may be parked in a garage or carport which is effectively screened on three (3) sides; provided, however, that no portion of the vehicle or equipment shall extend beyond the roof line and that the equipment is screened in a manner described in this subsection. (e) Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner, and the equipment shall be in usable condition at all times. (f) Such equipment shall at all times have attached a current vehicle registration license plate and, if required, a current inspection sticker. (g) No major repairs or overhaul work on such equipment which constitutes either a public or private nuisance shall be made or performed on the site. (h) When parked on the site, such equipment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines, except as may periodically be required to maintain the equipment and appliances. (i) None of the vehicles or equipment described herein may be parked in the area between the street lot line and the structure nor in the right-of-way in front of the structure; however, one (1) of the vehicles described herein may be parked in the front yard driveway for a cumulative period not exceedinq four (4) hours in any one (1) twenty-four hour period." 5 w (4) Any part or the whole of this section may be waived by the village council on the filing of a written application for such action setting forth the reasons for the request. Such application must set forth a hardship on the part of the applicant, and grantinq of the request by the village council must be based on the hardship. (5) Any person violating the provisions of this subsection shall, upon conviction, be fined a fee of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation and for each day such violation continues. 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 Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon beinq put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION 6 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1993. MAYOR OF TEQUESTA Ron T. Mackall ATTEST: Village Clerk JCR�131530RD\R1A.REC 7 •