TOWN OF JUPITER. Honorable Mayor and Members of Town Council Andrew D. Lukasik, Town Manager. John R. Sickler, Director of Planning and Zoning

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1 DATE: August 30, 2016 TOWN OF JUPITER TO: THRU: FROM: Honorable Mayor and Members of Town Council Andrew D. Lukasik, Town Manager LB John R. Sickler, Director of Planning and Zoning SUBJECT: MARINE FACILITIES Zoning text amendment to Section , entitled Private Dock Regulations to reduce setbacks and allow larger marginal docks in canals. (PZ# ) HEARING DATES: PZ 08/09/16 Ordinance #21-16 TC 09/20/16 1 st Reading PZ# TC 10/18/16 2 nd Reading GW EXECUTIVE SUMMARY: Consideration of a zoning text amendment to reduce setbacks for boats, allow larger marginal docks in canals, and clarify that marginal docks can apply for a zero setback with an approved shared dock. The proposed zoning text amendment was initiated by staff based on comments made by the Town Council and the public at the April 19, 2016 and May 3, 2016 Town Council hearings. Staff was asked to evaluate the code and recommend possible changes that would relax some of the regulations which are applicable to waterfront homeowners. The proposed amendments to Section remove the side setback regulations for moored vessels and square footage restrictions on marginal docks under certain conditions, and clarify that property owners with marginal docks can request a zero side setback as part of a shared dock agreement executed between property owners. The approximate average lot on a canal in Town has 80 feet of water frontage on an 80 foot wide canal. The changes will allow boats (max of two) to be moored along the entire waterfront without a side setback and will allow marginal docks to be built along a larger portion of the waterfront as long as they do not extend more than five feet out from the seawall and meet the required side setbacks. Additionally, if two neighbors agree to share a dock, they would be permitted to have a zero setback on that side, if they submit a legally sufficient mutual dock maintenance and cross access easement agreement. The changes will allow homeowners to use more of their waterfront property, but they also have the potential to create more issues as people begin to utilize more of their waterfront. When boats are moored to the property line, navigation onto boat lifts and docking may become more difficult for adjacent property owners. Without a side setback for moored boats, the Town would not be able to enforce a setback on a boat if adjacent property owners were not in agreeance and a complaint was filed. Staff researched other municipalities which allow boats to be moored to the side property lines, and found that issues were handled by the property owners, and not by the municipality. PLANNING AND ZONING COMMISSION RECOMMENDATION: At their August 9, 2016 meeting, the Planning and Zoning Commission recommended approval (by a 7-0 vote) of staff s recommendation with no modifications. STAFF RECOMMENDATION: Staff recommends approval of the proposed text amendment. Strategic Priority: Green Spaces Attachments: Staff Report Ord. #21-16 V:\PlanningZoning\Staff\WP51\Amendtowncode\Marine Facilities\Docks and Boat Mooring\TC1 Meeting\PZ _Executive Summary TC1.doc September 6, 2016

2 TOWN OF JUPITER TOWN MANAGER S OFFICE DATE: August 30, 2016 TO: THRU: FROM: Honorable Mayor and Members of Town Council Andrew D. Lukasik, Town Manager John Sickler, Planning and Zoning Director SUBJECT: MARINE FACILITIES Zoning text amendment to Section , entitled Private Dock Regulations to reduce setbacks and allow larger marginal docks in canals. (PZ# ) Ordinance # PZ GW Meeting dates: PZ TC TC 08/09/16 09/20/16 1 st Reading 10/18/16 2 nd Reading Applicant: Request: Town of Jupiter Amend Section , entitled Private dock regulations to reduce setbacks for moored boats, remove the square footage maximum for marginal docks in man-made canals, and clarify that property owners with marginal docks can request a waiver for a zero setback as part of a shared dock. Planning and Zoning Commission At their August 9, 2016 meeting, the Planning and Zoning Commission voted unanimously (by a 7 to 0 vote) to approve the above mentioned zoning text amendment with no modifications. Staff Recommendation. Based upon the facts and findings contained herein, staff recommends the Adoption of the proposed text amendments, as shown in Exhibit 1. Background. At the April 19, 2016 and May 3, 2016 Town Council hearings, issues with setbacks for moored boats and docks were raised during citizen comments and later discussed by the Town Council. Staff was asked to evaluate the code and recommend possible changes that would relax some of the regulations which are applicable to waterfront homeowners. Staff researched other municipal regulations and analyzed the potential impacts of allowing for boats to be moored to the side property line and to allow larger marginal docks on canals. Based on the findings and analysis, staff has proposed modifications to Section to remove the side setback regulations for moored vessels and square footage restrictions on marginal docks, as well as specifically stating that property owners with marginal docks can request a zero side setback as part of a shared dock agreement executed between property owners.

3 Marine Facilities - Docks and Boat Mooring ZTA Page 2 of 5 Analysis. During citizen comments at previous Town Council meetings, a list of municipalities was mentioned which have regulations similar to the Town s proposed changes. Staff has researched the regulations for those municipalities as well as other local municipalities and their setback requirements for moored boats, their staffs experiences enforcing the regulations, and their general practices with boat mooring regulations. The below regulations are grouped by the type of setback required by each municipality. Municipality Palm Beach County Stuart North Palm Beach Riviera Beach Delray Beach Boca Raton Tequesta Department of Environmental Protection (DEP) Regulations/Practice for Boat Mooring Boats allowed to property line. Moored boats are not specifically mentioned in the code. Boats allowed to property line. Moored boats are not specifically mentioned in the code. Boats allowed to the property line per code. Boats allowed to the property line per code. Boats allowed to the property line per code. Boats allowed to the property line per code. Boats on lifts and moored boats must meet a 10 foot side setback No mention or regulation of moored boats Experience, practice, and issues Palm Beach County only regulates the structure, but boats can be moored to the property line as a general practice. No issues with allowing boats to be moored to the property line. Stuart only regulates the structure, but boats can be moored to the property line as a general practice. No issues with allowing boats to be moored to the property line, but they have had recent issues with structures that don't meet the setbacks. North Palm Beach regulates both structures and moored boats. Their only known issues happen in dead endcanals. Neighbors must work out civil issues themselves without municipal involvement. Riviera Beach only regulates the structure, but boats can be moored to the property line as a general practice. They have had issues with boat mooring at the property line. Neighbors must work out civil issues themselves without municipal involvement. Delray Beach requires a setback for structures and boats on lifts, but moored boats can go to the property line as a general practice. They have had an issue with a boat blocking a neighbor s views because it was large and near the property line. Boca Raton regulates both structures and moored boats. Their only known issues happen in dead end-canals. Tequesta enforces a setback for boats on lifts and moored boats. They have had issues with setbacks in the corners of canals and dead ends, but they are handled as a civil matter between homeowners. To ensure compliance, they will require a sketch of the boat and where it will be moored, or use the boat lift capacity, and standard boat size of that weight to ensure it will not overhang the setback. DEP has a 25 foot setback requirement for docks, but does not regulate vessels moored on the docks. The setback requirement can be waived by neighbors consent, through a letter of concurrence. Martin County No mention or regulation of moored boats Martin County does not regulate boat mooring. They default to DEP standards as a general practice.

4 Marine Facilities - Docks and Boat Mooring ZTA Page 3 of 5 Amend Section , entitled Private Dock Regulations. The proposed changes are shown in strikethrough and underline format below. (5) In natural waterways, the The terminal platform or marginal dock shall have a maximum area of 200 square feet. If the dock is constructed over known sea grass beds, the terminal platform or marginal dock shall have a maximum area of 160 square feet. In man-made canals, marginal docks may exceed 200 square feet, provided they meet the required side setbacks, do not extend more than five feet waterward from the mean-high water line, and do not adversely impact or encroach upon natural resources. Staff Comment: The proposed modifications remove the square footage maximum for marginal docks in man-made canals. Currently, all docks, including marginal docks in canals, are limited to a maximum of 200 square feet (or 160 square feet over sea grasses). The proposed changes will allow for marginal docks in canals to exceed the 200 square foot maximum, provided they meet the side setbacks, don t extend more than five feet from the mean-high water line, and do not impact natural resources. The side setback requirement for marginal docks is recommended to be maintained so that a standard distance between structures on adjacent properties is provided, which is similar to other local municipalities. It is important to note that two neighbors could request a shared dock which would allow them to build a single continuous dock with no setback on the shared property line, provided they submit a mutual dock maintenance and cross access easement agreement that is legally sufficient following review by the Town Attorney. The proposed changes allow waterfront home owners to utilize more of their waterfront property. Currently, marginal docks are allowed to project out five feet or 10 percent of the waterway width, whichever is greater. For an 80 foot wide canal, a marginal dock can extend up to eight feet out from the seawall, but would be limited to 25 feet in length with the 200 square foot maximum. With the proposed changes to allow marginal docks to exceed 200 square feet, staff is proposing to limit the width of marginal docks to five feet in width to avoid excessively wide and long docks, which can cause constraints within canals. The average waterfront home on a canal in Jupiter has a water frontage of approximately 80 feet. With the five foot projection limit, waterfront home owners on canals will be able to install a five foot marginal dock that is longer than 40 feet along the water front. The proposed change complements the modifications to allow boats to be moored to the side property lines and the existing allowances for shared marginal docks that can go to a shared property line. The proposed changes provide additional flexibility for marginal docks to extend greater lengths along canals. (6) No dock, boat lift mooring space, mooring piling, davit, other mooring facility, or floating structure (i.e. dock, walkway, floating vessel platform, etc.) shall be located nearer to the side lot line than the side setback required for the district within which the property is located as measured from a line that extends out from the side property lines into the waterway or canal. Boats may be moored without a setback to the extensions of a property s side property lines, but no part of the boat shall overhang the vertical plane created by a side property lines extension into the waterway or canal.

5 Marine Facilities - Docks and Boat Mooring ZTA Page 4 of 5 Staff comment: Staff has provided three aerials of canals to show the existing conditions and how residents are generally utilizing the waterfront. Attachment A is a typical canal, Attachment B shows a narrow canal, and Attachment C is a t- shaped/dead end canal. The aerials show many property owners are already mooring their boats to the property lines. According to Town code compliance staff, the only known complaint regarding boats encroaching in the current setback in recent history is from properties on Elsa road within Yacht Club Estates (see Attachment C). The changes proposed would bring into compliance many of the examples where side setbacks are not being observed, as shown in the attachments. The proposed changes would remove the Town s ability to require a setback for moored boats if the property owners were not in agreeance and a complaint was filed. It is important to note that the proposed changes may result in issues between neighbors that moor their boat to the edge of a property line, particularly if a boat is large and impacts navigation or obstructs waterfront views. As shown in the chart above, the municipalities that allow vessels to be moored up to the property lines have the homeowners handle any issues as a civil matter. Staff has provided a graphic which highlights some potential issues that may be caused by the proposed changes (see Attachment D). Homes on inside corners and narrow lots could experience issues in the future by allowing boats to be parked in overlapping areas and for large boats to be moored on smaller lots. (7) The side setback for docks on natural waterways and man-made surface waters may be waived by the Planning and Zoning Director, if where two contiguous single family or duplex lots, which qualify under the provisions of this Code, are permitted to share one dock [see section (3)] and its associated mooring spaces, boat lift, and pilings. The above setback waiver may apply to docks, mooring spaces, boat lifts, and pilings which are associated with each individual portion of the shared dock under the specific use of each single family or duplex lot. All other setback requirements for the district that are not related to the location of the dock still apply. Staff comment: The recommended modifications to the above section specifically state that marginal docks may be constructed with a zero setback, provided they meet specific requirements. Section (3) states that an owner requesting a shared dock with a zero side setback must submit a mutual dock maintenance and cross access easement agreement, that is in a form which is legally sufficient to the Town Attorney. This agreement ensures that the homeowners whom request a shared dock are in agreement with the reduction, and that each person understands their responsibilities for the dock. The proposed amendment in this section will complement the elimination of the 200 square foot maximum for marginal docks, and allow homeowners who are willing to work together the opportunity to have larger marginal docks. Conclusion. Based on the above reasons, staff recommends approval of the zoning text amendment proposed in Exhibit 1. Attachment: Ordinance Proposed Text Amendment (previously Exhibit 1)

6 Marine Facilities - Docks and Boat Mooring ZTA Page 5 of 5 Attachment A Typical Canal Aerial Attachment B Narrow Canal Aerial Attachment C T-Shaped/Dead end Canal Aerial Attachment D Example of potential issues V:\PlanningZoning\Staff\WP51\Amendtowncode\Marine Facilities\Docks and Boat Mooring\PZ _Staff Report_PZC.doc

7 Legend Side setback lines Attachment A Marlin Drive Marlin Circle Dolphin Drive Typical Canal Aerial

8 Legend Side setback lines Center Street Attachment B Turner Quay Penn Trail Perigon Way Narrow Canal Aerial

9 T-Shaped/Dead End Canal Aerial Attachment C Elsa Road Body Court Legend Side setback lines

10 Examples of potential issues with boats moored to property lines Attachment D 30 ft 30 ft Potential navigation issues for narrow waterfront lots 30 ft 30 ft 30 ft Potential conflict area

11 ORDINANCE NO AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF JUPITER, FLORIDA, AMENDING SECTION OF THE TOWN S CODE OF ORDINANCES, ENTITLED PRIVATE DOCK REGULATIONS ; PROVIDING FOR THE REDUCTION OF SETBACKS FOR MOORED BOATS, THE REMOVAL OF THE SQUARE FOOTAGE MAXIMUM FOR MARGINAL DOCKS IN CANALS, AND TO CLARIFY THAT SHARED MARGINAL DOCKS DO NOT REQUIRE SETBACKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Jupiter ( Town ) has adopted a Comprehensive Plan which has been determined to be in compliance with Chapter 163, Part II, Florida Statutes; and WHEREAS, pursuant to Section (2), Florida Statutes, municipalities are required to provide specific and detailed Land Development Regulations to implement adopted Comprehensive Plans; and WHEREAS, the Town Council of the Town has previously enacted Land Development Regulations which have been codified in the Town Code pertaining to Marine Facilities; and WHEREAS, the Town Council hereby determines that the amendments herein are necessary to more appropriately regulate the development and re-development of marine facilities; and

12 O# Page 2 of WHEREAS, the Town s Planning and Zoning Department staff and the Planning and Zoning Commission have made their respective recommendations regarding the proposed amendments to the Town Council; and WHEREAS, the Town Council, after due notice and public hearings has determined that the adoption of the proposed amendments would further the public health, safety and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JUPITER, FLORIDA AS FOLLOWS: Section 1. The whereas clauses are incorporated herein as true and correct and as the legislative findings of the Town Council. Section 2. Town Code Chapter 27, Article X, Division 17, Section is hereby amended to read as follows: Sec Private dock regulations. Individual private docks, for the exclusive use of an adjacent residential unit, are permitted as an accessory use in all residential districts. The mooring of commercial vessels is prohibited in all residential districts. A single private dock for the exclusive use of a commercial building may be permitted as an accessory structure in all commercial districts provided the dock serves only the occupants of the commercial building. A dock that has more than two boat mooring spaces shall be considered a marina In addition to the regulations set forth within the district in which the use is located, the following minimum regulations shall apply: (1) No dock, boat mooring space, or mooring pilings shall be built out into a natural waterway by more than 50 feet from the mean high water line; nor shall any dock, boat mooring space, or mooring pilings exceed 20 percent of

13 O# Page 3 of the natural waterway width, whichever is less. The above regulation may be waived by the Planning and Zoning Director for docks, boat mooring spaces, or mooring pilings to be located in bodies of water in which other agencies also have regulatory jurisdiction have permitting conditions which allow projections into the natural waterway that are greater than the above maximums, provided that the greater extension does not adversely impact navigation, safety, environmental resource protection, or other similar concerns. In order to qualify for the issuance of a building permit for a dock, boat mooring spaces, or mooring pilings, the applicant must submit with the application a signed and sealed survey showing the location of the proposed improvements. The survey must not be more than six months older than the date of the application for a permit, must accurately depict that the single family lot or duplex lot, which is the subject of the permit application, extends to the mean high water line, or must reflect that the landowner has riparian rights attached to the uplands for which each landowner holds title. (2) Docks which are located on or upon any man-made surface waters (i.e. lakes, retention ponds, or canal), boundaries of such man made surface waters being totally within a residential area, shall not project more than five feet or ten percent of the width of the waterway, whichever is greater nor extend nearer than the side setback required for the district within which the property is located. In man-made surface waters which are wider than 50 feet, boat mooring spaces may project up to 25 percent of the width of the waterway. In order to qualify for the issuance of a building permit for a dock, boat mooring spaces, or mooring pilings, the applicant must submit with the application a signed and sealed survey showing the location of the proposed

14 O# Page 4 of improvements. The survey must not be more than six months older than the date of the application for a permit, must accurately depict that each single family lot or duplex lot extends to the mean high water line which is the subject of the permit application or must reflect that the landowner has riparian rights attached to the uplands for which each landowner holds title. (3) Shared private docks may be permitted on two contiguous, single family, or duplex lots located on either a natural waterway, or a man-made surface water, provided that the single family lot landowners, and the duplex lot landowners, submit a legally sufficient mutual dock maintenance and cross access easement agreement, that is in a form which is legally sufficient to the Town Attorney and which is approved for consistency with these regulations by pertinent Town staff. The mutual dock maintenance and cross access easement agreement shall be recorded in Palm Beach County, Florida at the sole expense of the applicant, and the applicant shall provide the Town with a certified copy of the recorded instrument. In order to qualify for the issuance of a building permit for a shared dock, each landowner of a single family lot and each landowner of a duplex lot who are proposing to share a private dock, must have ownership rights to the property which extends to the mean high water line, or must have legally documentable riparian rights that are attached to the uplands for which each participating landowner holds title. The shared private dock shall be considered the one dock allowed for each lot. No additional docks shall be permitted. (4) Dock access walkway shall not exceed four feet in width. (5) In natural waterways, the The terminal platform or marginal dock shall have a maximum area of 200 square feet. If the dock is constructed over known sea

15 O# Page 5 of grass beds, the terminal platform or marginal dock shall have a maximum area of 160 square feet. In man-made canals, marginal docks may exceed 200 square feet, provided they meet the required side setbacks, do not extend more than five feet waterward from the mean-high water line, and do not adversely impact or encroach upon natural resources. (6) No dock, boat lift mooring space, mooring piling, davit, other mooring facility, or floating structure (i.e. dock, walkway, floating vessel platform, etc.) shall be located nearer to the side lot line than the side setback required for the district within which the property is located as measured from a line that extends out from the side property lines into the waterway or canal. Boats may be moored without a setback to the extensions of a property s side property lines, but no part of the boat shall overhang the vertical plane created by a side property lines extension into the waterway or canal. a. Where the extension of the side property lines converge within a waterway, the Director of Planning and Zoning may grant a waiver or reduction to the required setback for docks, boatlifts, or boat mooring spaces to ensure that a property owner has reasonable access to a navigable channel. The Director's approval of a waiver may be permitted provided all of the following are met: 1. Other jurisdictional agencies having permitted the proposed dock, boat mooring space, mooring piling, davit, other mooring facility, or floating structure with reduced setbacks, based on using alternative methods of calculations for setbacks;

16 O# Page 6 of Documentation is provided to the Department that written notification was sent to the affected neighboring property owner(s) making them aware of the setback waiver. b. In order to qualify for a building permit for a dock, boat mooring spaces, or mooring pilings, the applicant shall submit with the building permit application: 1. A signed and sealed survey, not more than six months older than the date of the application for a permit, indicating; the location of the proposed improvements; the location of the mean high water line; and shall reflect that the landowner has riparian rights attached to the uplands for which the landowner holds title. 2. A copy of a permit from the Florida Department of Environmental Protection, US Army Corps of Engineer, or South Florida Water Management District. (7) The side setback for docks on natural waterways and man-made surface waters may be waived by the Planning and Zoning Director, if where two contiguous single family or duplex lots, which qualify under the provisions of this Code, are permitted to share one dock [see section (3)] and its associated mooring spaces, boat lift, and pilings. The above setback waiver may apply to docks, mooring spaces, boat lifts, and pilings which are associated with each individual portion of the shared dock under the specific use of each single family or duplex lot. All other setback requirements for the district that are not related to the location of the dock still apply.

17 O# Page 7 of (8) Any "T" or "L" terminal platform shall have a maximum length of 20 feet and shall not project into the side setback required for the district within which the property is located. A "U" shaped terminal platform may be allowed for shared docks. The "U" shaped terminal platform shall also be limited to a maximum length of 20 feet. (9) No more than one dock per lot shall be permitted in an R-1 or R-2 residential district, except in an approved PUD. No dock shall be permitted with more than two boat mooring spaces. One boat lift plus one personal watercraft lift shall be allowed per dock in an R-1 or R-2 residential district. The personal watercraft lift shall have no more than a 3,000 lb. lift capacity, and shall be limited to two mooring pilings. In lieu of two personal watercrafts, a property owner may store one small boat on the personal watercraft lift, provided the boat does not have a permanent rigid canopy structure (i.e. T-top, tower, or shade structure) extending above the boat's gunwale. A small boat that is stored on the personal watercraft lift, shall retract, lower, or remove any shade structures. Two personal watercrafts may be stored on one personal watercraft lift at one boat mooring space. If two contiguous, single family and/or duplex lots, that qualify under the provisions of section (3), share one permitted dock and its associated mooring spaces, boat lift, and pilings, each individual property owner may be permitted to have one boat lift and one personal watercraft lift on the portion of the dock that benefits each individual lot owner. (10) Except for rectangular shaped, "T" shaped and "L" shaped docks, and shared docks approved with "U" shaped terminal platforms, no other configuration shall be allowed, unless another configuration is approved by the Director of

18 O# Page 8 of Planning and Zoning as being beneficial for navigation, safety, or environmental resources protection. (11) Docks, boat lifts and personal watercraft lifts in canals shall be parallel to the bulkhead in order to promote parallel mooring. The Director of the Planning and Zoning Department may permit another configuration provided it is determined that the configuration would be beneficial for navigation, safety, environmental resources protection, or views. (12) If there is documentation of known sea grass beds that would be directly impacted by the construction of the dock, the following regulations shall be applied. Height of pier shall be a minimum of five feet above MHW as measured from the top of surface of the decking. Material used to construct the walkway surface shall be no wider than eight inches and shall be spaced a minimum of one-half inch apart. (13) Night time reflectors shall be affixed to any dock, mooring piling, or davit and elevator structures extending more than five feet into any waterway. Three reflective devices shall be installed above the established mean high waterline on each side of all of the mooring pilings. The intent is to provide three devices facing both directions of the waterway. (14) Covered boat lifts and docks are not permitted. Boat lifts shall not be modified (i.e. installation of decking, planking, etc.) to serve any other use than for the purpose of elevating a boat or vessel out of the water. There shall be no mooring of any vessel on the waterward side of a boat mooring space. (15) At all times, the minimum centerline channel width of 50 percent of the waterway width must remain unobstructed. Where the 50 percent cannot be met, alternative solutions may be approved by the Director of Planning and

19 O# Page 9 of Zoning provided a 15-foot channel is maintained. Alternative solutions shall be evaluated based on the proximity of adjacent, existing and future marine facilities, the proximity of natural ecosystems and resources, and the navigability of a waterway in order to provide adequate setbacks that are equitable to adjacent properties. (16) A four-foot dock walkway is allowed to pass through the rear setback area in order to connect with a deck, patio or sidewalk. (17) The re-decking of any portion of a private dock, even if it is in the same configuration and in the same location of an existing, permitted dock, shall require a building permit. Section 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 9. Repeal of laws in conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 10. Codification. The Sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "Section", "Article", or any other appropriate word. Section 11. Effective Date. This Ordinance shall take effect upon its execution. V:\PlanningZoning\Staff\WP51\Amendtowncode\Marine Facilities\Docks and Boat Mooring\TC1 Meeting\1Q83139.DOC