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HomeMy WebLinkAbout12-19-1967 VC SP-M• • • 1 1 • Present: Absent: MINUTES OF SPECIAL SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD TUESDAY, DECEMBER 19, 1967 Thomas F. Lewis, Mayor David C. Clark, Councilman Allan V. Everard, Councilman Herbert A. Watt, Councilman Herbert L. Gildan, Village Attorney Lawrence J. Robbins, Village Manager Dolores R. Walker, Village Clerk Thomas R. Bell, Vice -Mayor Mayor Lewis called the Special Session to order at 8:25 p.m. and ROLL CALL asked the Village Clerk to call the roll, all members being present except Vice -Mayor Bell, who was excused from this Special Session after having been notified by telephone. A signed waiver of notice of this session was submitted by Vice -Mayor Bell before the meeting. Mayor Lewis stated that the purpose of the Special Session was for PURPOSE OF the following- SPECIAL SESSION 1. To consider second reading and passage of Bill No. 30, which is relative to the Green's Fuel franchise. 2. To consider second reading and passage of Bill No. 44 relative to land use changes on U. S. 1 north of the Barman River and south of the North Palm Beach Country Club on the west and Yacht Club Drive on the east. 3. To extend the Agreement with Mel Conner & Associates, Inc. to the amount of $3,800 so they may complete overall review of Village. - On motion of Councilman Watt, seconded by Councilman Everard, all present voting aye, Bill No. 30 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 37, WHICH GRANTED AN EXCLUSIVE FRANCHISE TO GREEN'S FUEL OF FLORIDA CORPORATION TO DIS- TRIBUTE NATURAL GAS IN THE VILLAGE OF NORTH PALM BEACH, FLORIDA, BY CHANGING THE MONTHLY MINIMUM CHARGE FROM $1.75 PER MONTH TO $2.00 PER MONTH AND BY SETTING FORTH AN EFFECTIVE DATE HEREOF was placed on second reading and read by title only. On motion of Councilman Watt, seconded by Councilman Everard, all present voting aye, Bill No. 30 was adopted as Ordinance No. 168-67. On motion of Councilman Clark, seconded by Councilman Watt, all present voting aye, Bill No. 44 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 20, AS HERETOFORE AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY CREATING NEW ZONE C-A COMMERCIAL DISTRICT AND BY REMOVING CERTAIN PROPERTY FROM THE C-1-A LIMITED COMMERCIAL DISTRICT AND RECLASSIFYING SAID PROPERTY AS C-A COMMERCIAL DISTRICT; BY DIRECTING THE VILLAGE CLERK TO BRING THE OFFICIAL ZONING MAP UP TO DATE; BY PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES was placed on second reading and read by title only. BILL NO. 30 PLACED ON 2ND READING & READ BY TITLE ONLY BILL NO. 30 ADOPTED AS ORD. NQ 168-67 BILL NO. 44 PLACED ON 2ND READING & READ BY TITLE ONLY f i • December 19, 1967 Page Two On motion of Councilman Clark, seconded by Councilman voting aye, Bill No. 44 was amended as follows: (See 169-67, copy of which is attached to official records in Village Minute Book). Watt, all present Ordinance No. of this meeting On motion of Councilman Clark, seconded by Councilman Watt, all present voting aye, Bill No. 44 was adopted as amended as Ordinance No. 169-67. On motion of Councilman Clark, seconded by Councilman Watt, all present voting aye, Council agreed to increase the contract with Mel Conner & Associates, Inc. to the maximum of $3,800.00 for services to be rendered, including the codification of Comprehensive Zoning Ordinance No. 20 and for additional land uses. There being no further business to come before the Council, on motion of Councilman Clark, seconded by Councilman Watt, all present voting aye, the Special Session was adjourned at 9:05 p.m. Minutes recorded by: Dolores R. Walker, Village Clerk • • BILL NO. 44 AMENDED BILL NO. 44 ADOPTED AS AMENDED AS ORD. NO. 169-67 COUNCIL AUTHORIZED INCREASE OF CON- TRACT WITH MEL CONNER & ASSOCIATES, INC. TO MAXIMUM OF $3,800 ADJOURNMENT December 19, 1967 I, Thomas R. Bell, do hereby waive notice of Special Session of the Village Council of North_Palm Beach, _ Florida, held Tuesday, December 19, 1967. ORDINANCE NO, 169-57 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 20, AS HERETOFORE AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, - -- BY CREATING NEW ZONE C=A COMMERCIAL DISTRICT AND BY REMOVING CERTAIN PROPERTY FROM THE C-1 A LIMITED COMMERCIAL DISTRICT AND I RECLASSIFYING SAID PROPERTY AS C-A COMMERCIAL DISTRICT; BY DIRECTING THE VILLAGE CLERK TO BRING THE OFFICIAL ZONING_M4P UP TO DATE; BY PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1.__Ordinance IJo. 20 of the Village of North Palgt Beach asamendedis Ijereby further amended -in Section 3 thereof by adding an additional zoning district to be entitled j. C A by inserting the words "C-A - Commercial District4Fetween the designations of C-1A - Limited Commercial District and_ C=1 - Neighborhood Commercial District, in said Section 3, Section 2. Ordinance No. 20 of the Village -of North Palm Beach, as amended, is hereby further amended by adding' thereto, Section 17, to read as follows: -- "SECTION 17. CrA COMMERCIAL DISTRICT: f A. GENERAL DESCRIPTION: This tourist -commercial district is established to provide areas within which the principal use of -land is devoted to commercial establishments and tourist oriented trade. - -The intent is to reserve ands which, because of particular - location and natural features, are adapted to local and tourist uses, and to encourage the development of these locations for such uses and in such a manner as to minimize traffic hazards and interference with other land uses. B. USES PERMITTED: The Following uses shall bp permitted in the C-A _ Commercial District: 1. Hotels and motels, 2. Restaurants and cocktailloungeswhere food and - drink may be consumed on the premises only and where eating and serving areas are entirely contained within the building -- not including drive-in hamburger, ice cream, soft drink, or other - drive-in and/or carry -out eating establishments. 3. Golf clubsandtheir accessory uses such as restaurant, bar -cocktail lounges, driving ranges and golf _--__- equipment stores. 4. Financial institutions. S. Professional offices, Studios and clinics. - 6. Private clubs and lodges. 7. Veterinary establishments, provided that all I animals shall be kept inside soundproof -and air-conditioned 1 buildings;_ provided there--are-no animal cemeteries used in. connection therewith. - -- 8. Funeral homes; provided that no process for the disposal of bodies is used in connection therewith, including cremation. 9. Churches. 1Q. Personal service establishments, shops, beauty shops, health salons. - - 11.-Utility company offices. 12. Florist shops. 13, Clothing stores. - -2 - such as barber 14. Stationary stores, book stores and/or art supply shops. 15. Pharmacies or apothecaries. - 16. Photographic studios and camera shops. - 17. Bakery shops, where products are sold at retail only- 18. Sporting goods ptores. 19. Personal gift shops. 20. Jewelry stores. 21. Marinas and their accessory uses, such as wet - s boat storage facilities, gasoline supplies, minor repair facili- ties that are incidental to wet boat.storage and do not involve - large boats and/or engine overhaul. C. CONDITIONS FOR PERMITTED USES: 1. A11 activities.except golf clubs, swimming pools and wet boat st.orage,,sales and storage of goods -must be con- ducted entirely within completely enclosed buildings with if permanent non-moving outside walls. 2. No outside sidewalk or parking Lot storage or display of merchandise will be permitted. 3. No manufacturing, or production of products for - retail -or wholesale will be permitted except' -for bakeries and their related ret9i1 sales items. D. BUILDING HEIGHT REGULATIONS: No building or strpcture shall exceed -four (4) stories or forty-four (44) feet. Elevator towers and mechanical apparatus are not restricted to the forty-four-(44) foot limit. E. BUILDING SITE AREA REGULATIONS: Minimum Building Lot Size y 1. The minimum lot og building site area for each commercial building shall be 16,000 square feet and have a width of not less than 80 feet measured at the front and rear lot -3, lines and at the front building line. Maximum Lot Coverage - - 2. Main and accessory buildings shall cover no more than thirty-five per cent (35%) of the total lot area. - Minimum Lot Coverage 3. No main and accessory buildings shall be constructed that would occupy less than ten per cent (10%) of the total lot area or 2,000 square feet, whichever is greater. F. YARDS FRONT YARDS - - All buildings facing p. 5,.-1 shall --set back from the right-of-way to provide a front yard of not less than seventy (70) feet. A11 buildings shall Set back from the right-gf-way of streets which intersect with p. p) 1 providing a yard -of not less than twenty-five (25) feet. - SIDE YARDS All buildings less than twenty-five-(25) feet in height or two stories in height shall set back from side lot lines po as to provide side yards of not less than twenty,(20) feet. All buildings three stories in height shall set -back from side lot lines so as to provide side yards of not less than twenty-five (25) feet. •'All buildings four stories in height shall -set back from side lot lines so as to provide side yards of not less than thirty (30) feet. REAR YARD All buildingp less than twenty-five (25) feet in height or two stories in height shall bp set back from the rear lot line so as to provide a rear yard of not. less than thirty (30) feet-.. • -4- All buildings three stories in height shall set back from the rear lot line so as to provide a rear yard of not less than thirty-five (35) feet. All buildings four stories in height shall bet back from the rear lot line so as to provide a rear yard of not less than forty (40) feet. G. OFF-STREET PARKING AND LOADING REGULATIONS: , 1. Off-street parking shall be either on the same lot or within two hundred! (2Q0)-feet of the building it is intended to serve measured from the nearest point of the puilding to the nearest point of the off-street parking lot, without crossing any major thoroughfare. 2. Any area once designated -as required off-street -- parking shall not be changed to any other use unless and until equal facilities are provided elsewhere. 3. Off-street parking existing f of these regulations in connection with the operation -of an- existing bu}),ding or use phall not be reduced to an amount less r r than hereinafter required for a similar new building or )}se. 4. Two or more buildings or uses may collectively provide the required off-street parking in which case the at the effective date required number of parking spaces shall be not less than the sum of the requirements for the several individual uses computed separately. 5. The required off-street parkingshallbe for occupants, employees, visitors, patrons and shall be limited in 4 It ise to motor vehicles. The storage pf merchandise, motor vehicles for sale, or the repair of vehicles is prohibited. -5- ; TABLE OF PARKING SPACES REQUIRED Uses Banks, business or professional offices excluding doctors and dentists, Barber shop or beauty shop Churches Country Club Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serving areas are entirely contained within the building not including drive- in hamburger;- ice cream, soft drink, or other drive -inn and/or carry- out eating establishments. Hotels, motels and tourist courts Marina -6 - Parking Spaces Required One (1) per three hundred (300): square feet of usable floor area, plus one (1) per each three employees. Two (2) per barber or three (3) per beautician based on the design capacity of the struc- ture. - One (1) per four (4) seats; or one (1) per thirty (30) square feet of usable floor area of auditorium, whichever is greater. One (1) per five (5) members. One space for each 100 square feet of arpa devoted to patron use or onet (1) space per three (3) fixed seats, whichever is the greater. - Three spaces plus an additional space for each guest bedroom plus an additional space for each 15 rooms or portions thereof. Forcexample, a fifteen room motel would need tf parking spaces. Two (2) for each three-(3) boat mooring or storage space, boat for rent, as based on the design capacity of the facility, If public boat launching facilities are provided the parking spaces shall be increased fifty (50) per cent Of -that number as computed above. ii Uses Medical and dental clinics; doctors and dentists offices - Mortuaries or funeral parlors - Private clubs, lodge or Union headquarters Retail stores, and personal service establishments except as otherwise speci- fied herein Shopping centers containing 5 or more;stores, or 15,000 square feet of building Auditoriums and places of assembly without .fixed seats Veterinary establishment Parking Spaces Required Five spaces per doctor or dentist based on the maximum design capacity of the faci- lity or five spaces for ever_ 400 square_feet of usable floor space, whichever is greater. - - Five (5) spaces per parlor or chapel unit, or one (1) per four (4) seats, which- ever is greater. One (1) per three (3) member:. based on the maximum design capacity of -the facility. One (1) per hundred (100) square feet of retail floor space. - - - - There shall be a ratio of four (4) square feet of parking (including driveways required for ingress and egress and circulation) to each one (1) square foot of ' retail floor space. One (1) per three (3) people based on the maximum design capacity of the structure -- Five (5) spaces per veterin- arian based on the maximum desicapaoity of the facil- ity and. -five (5) spaces for every four hundred (400) square feet of usable floor space, whichever is greater. H. OFF-STREET PARKING LOT LAYOUT, CONSTRUCTION AND MAINTENANCE: -- Whenever the required off-street parking requires the building of a' parking lot, and wherver a parking lot is built, such parking lot shall be laid out, constructed and maintained in accordance with the following regulations: -7- 1. gach parking space shall be not less than two hundred (200) square feet in area and shall be a definitely designated and marked stall adequate for one motor vehicle. 2. All areas devoted to permanent off-street parking as required under this section shall be built in accordance with specifications for streets and parking of the Village of North Palm Beach and maintained in such a manner that no dust will result from continuous use, W �' which has common frontage in the same block with the parking lot, 5. Plans for the layout of a parking lot must be approved by the Village En*±neer based on design standards approved by the Institute of Traffic Engineers. 6. The parking -lot shall not have access from a more restrictive zoning district. - 7. No parking shall be permitted in the first ten (10) feet of the required front yard depth, measured from the front property line or the first ten feet of a side or rear yard when the side or rear -yard abuts a residential zoning district, except as modified in Paragraph 4 above. 8. clearly defined driveways entering on U. S. 1 shall be constructed using a raised curb of at least six (6) inches in height to delineate the driveways. All streets inter- 4 8 � 3. The parking lot shall be drained tp eliminate surface water. 4. here the arking lot abuts a Residential District there shall be established a set back line twenty-five (25) feet from the street lot line for the first twenty-five (25) feet from the Residential Zone, secting with u. S. 1 currently designed driveways shall be constructed both o_th concrete button markers of least east- - four (4) inches in height placed twenty-four (24) inches apart to delineate the driveways. Such driveways shall have separate ingress and egress lanes not to exceed twenty (20) feet in width, exclusive of curb returns. The ingress and egress driveways shall be separated by a six (6) inch raised curb island of not less than three (3) feet in width and ten (10) feet in depth back from the right-of- way. Driveways for two adjacent, separately owned parcels may be located on their joint property line. In all cases driveways may not be located closer than forty (40) feet to an intersection. F�xcept in cases where driveways are located on joint property lines, all driveways must be not less than twenty-five (25) feet from the adjacent property line. only one such combined driveway shall be permitted for each lot with a width of one hundred (100) feet or less. 9. The rear yard of all lots in the CrA District shall be designed and improved to facilitate loading and un- loading. There shall be adequate space for standing,loading and unloading services to avoid undue interference with public use of streets or alleys. I. LANDSCAPING: In order to provide the village, the shopper,- and the commercial building owners with an inviting, pleasing and safe atmosphere for business, the following landscape features are required: 1. Pill front and side yard areas not required for parking, sidewalks and/or driveways shall be planted in grass or shrubs. T 2.-For each ten (10) parking spaces, a curbed area of ten (10) feet by ten (10) feet shall be reserved for a tree of the palm species. Trees of not less than fifteen (15) feet in height shall be planted in each reserved area. 3. No shrub or hedge shall be planted which will interfere with proper sight distance pear driveway or entrance. The maximum height shall be 24" within twenty (2Q) feet of driveway. J . ARCHITECTURE: To provide the Villa4e with harmonious development, but without undue restriction, the following features are required: 1,. Alt building fronts and sides must be completely enclosed except for necessary doorways for ingress and egress 2. No canopies are permitted unless constructed of metal, or other permanent materials and are installed parallel to the store front sidewalks not less than nine (Q) feet above the sidewalk. K. SIGNS: The following on -site signs are permitted in the C A Commercial District: 1. Ground signs -- supported by uprights placed upon the ground but not attached to any building. 2. Will signs -- flat signs attached -to the front or side of buildings and not extending more than twelve (12) inches from the building wall surface. 3. Temporary signs. -10 Location of Ground Signs No ground or temporary sign may be located closer than forty (40) feet from any right-of-way. No ground sign shall be erected whose total height is greater than twenty (20) feet above the level of the street upon which the sign faces. -- Ground signs shall have an five (5) feet below the base line of said sign anil ground level. Areas of Ground Signs open space of not less than Ground signs may not exceed fifty (50) pquare -feet of area exclusive of supports for lots of one hundred (100) feet or less in width, and may be increased in area by five (5) square feet for each additional twenty (20•) feet of lot width upoto a maximum of seventy-five (75) square feet of area. There may be not more than one (1) ground sign for each eighty (80) feet of street frontage-. ' Wall Signs Wall signs may be erected op front building walls or on the front 1/2 of side walls. Said signs must be placed so that the lower edge of the sign is more than ten (10) feet above ground level and the upper edge not more than sixteen (16) feet above ground level. - - The area of wall signs shall not exceed the ratio of 1/square foot of area for each linear foot of building frontage with a maximum of one hundred (100) square feet-qf wall sign area per building. Temporary Signs No temporary sign shall be erected whose total height shall exceed ter} (10) feet or exceed thirty-five (35) square feet. Said temporary sign may only be used during construction -11- • to inform the p9plic regarding the owner, builder, architect, etc., or pertaining to the business conducted on the site. Temporary signs phall not be used for longer than} a period of six months. One sign of not more than ten (10) square feet in area may advertise the sale, rental or lease of the premises upon which said sign is located. General Sign Regulations No cloth, plastic or similar banners may be erected in the p-A District, Only the advertising face of permitted pigns shall be illuminated by either direct or internal lighting. Support structure may not be purposely illuminated by internal or external lighting. The following are prohibited in the C=A Commercial District: Lighting of signs by flashing or intermittent illumination; rotating, revolving, oscillating or moving signs the use of neon tpbes or other illuminating devices to outline part or all of a building. Motor vehicles with advertising devices or signs attached or painted thereon shall not remain on one parcel of land for more than twenty-four hours. - No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure, interfere with the view of, or pe confused with, any authorized traffic control sign, signal, or device. -12- • No sign shall contain or make use ofanyword,-_- phrase, symbol, shape, form, or character in such manner as to interfere with, mislead, or confuse traffic. All definitions, permit data, construction, erection and liability requirements shall be in accordance with Ordinance No. 33. In any case of conflict between this ordinance and Ordinance No. 33, the stricter requirement shall be complied with. A11 signs erected in C-A Zone that do not conform to the terms of this ordinance shall conform within seven (7) years from date or be removed from the premises. Section 3. Should any Section, clause or provision of this ordinance be declared by the court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part So declared to be invalid .! Section 4. Ordinance No. 20, as amended, be and the same is hereby further amended as follows: The following described property is hereby removed from the zoning Classification of C-1-A Limited Commercial District, to -wit: All lots bordering on U. S. Highway No, 1 lying North of the Earman River and South of the North Palm Beach Country Club on the West and Yacht Club Drive on the East except Lot 1, Plat of Marina Addition, and except publicly owned property, more particularly described on Exhibit A attached hereto and by reference made a part hereof; Said land sha7,7, henceforth be classified C A Commercial District. -13- Section 5. The Village Clerk is hereby authorized and directed to reflect upon the official zoning map -by hatching or other appropriate means of designation, the changes in zoning classification effected under this emending ordinance. Section 6. That all ordinances or parts of ordinances in conflict herewith be and they are hereby repealed. Section 7, That this ordinance shall take effect upon its passage and approval as provided by law. PLACED ON FIRST READING THIS 2STH DAY OF NOVEMBER, 1967. PLACED ON PUBLIC BEARING THI$ 28TH DAY OF DECEMBER, 1967. PLACED ON SECOND, FINAL READING AND PASSAGE THIS /7 DAY OF , 1967! (Village Seal) L/A0 MAYOR ATTEST: • Village Clerk -14- 1 • EXHIBIT "A" Lot 1. Block 3, Plat 1 Lot I., Black 1, Plat 1 - Lots 11 through 17 inclusive, Block S. Plat 1 Lots A, 8, C, D, E, P, 0,. t[ and ,i[, Block 9. Plat 1, including 1-wo up -numbered lots on the northwest corner of l;hht-Idq Drive and I1, S. Highway No. 1 Lots-1 through 16, inclusive, Block,1., Country , -- Club_ Addition Lot 13, plock 7, Country Club Addition f,uLs 1 through-15, plock 70, Yacht C.Hd) Addition Lots 1 through 15, Block-71,yacht Club Addition Lots 1 through F, plod( 72, Yacht Club Addition, - Loh; 1 noel 2, Block 73, Yacht C1udt Aciclil ton Ali of those lot-s-and Parpel9 A 13 and C, raping S. Highway No. 1 in thp.p1aL or V.LL.rige EhsL extending from the north boundary of Canal C-1- right-of-way, extending northward to the south boundary of Lot 1, plack 73 of the plat knows as Yacht Club Addition,- This area formerly lcpown as a part of the plat of Palm Beach -Lake Worthrstnl:es-