Workshop Meeting

WORKSHOP MEETING BOARD OF COMMISSIONERS TOWN OF REDINGTON SHORES THURSDAY, JULY 20, 2023 – 5:30 P.M. AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPEARANCES AND PRESENTATIONS None OLD BUSINESS 1. Ordinance 23-06; Town Dock Code Discussion 2. Parking Meter Provider and Overnight Parking Policy 3. 2024 Fireworks and Beyond NEW BUSINESS 1. Shark Fishing Ban 2. Del Bello Park Hours 3. Human Resources Update MISCELLANEOUS Special Budget Meeting- Wednesday, July 26, 2023 – 6:00 p.m. Regular Meeting – Wednesday, August 9, 2023 – 6:00 p.m. Special Budget Meeting- Wednesday, August 23, 2023 – 6:00 p.m. ADJOURNMENT Pursuant to Florida Statutes § 286.0105, if any person or entity decides to appeal any decision made on any matter considered at any meeting or hearing of any Redington Shores board or commission, he, she or it will need a record of the proceedings and, for such purpose, he, she or it may need to ensure that a verbatim record of the proceedings is made, which record includes the legal arguments, testimony, and evidence upon which the appeal is to be based.  ORDINANCE NO. 2023-06 AN ORDINANCE OF THE TOWN OF REDINGTON SHORES, FLORIDA, REPEALING § 63-12 OF THE TOWN CODE RELATED TO PRIVATE DOCKS CREATING NEW § 63-12 AND § 63-12.1 OF THE TOWN CODE RELATED TO DESIGN AND MAINTENANCE OF PRIVATE DOCKS; AMENDING § 63-13 RELATED TO COMMERCIAL DOCKS; AMENDING § 63-14 RELATED TO STRUCTURES ON DOCKS; MAKING RELATED FINDINGS; PROVIDING FOR CODIFICATION, SEVERABILITY, AND FOR AN EFFECTIVE DATE. WHEREAS, Chapter 63 of the Redington Shores Town Code addresses the subject of Building Codes and Construction Regulations; and WHEREAS, current § 63-12 of the Town Code, addressing design criteria for private docks, has been in place for many decades; and WHEREAS, in recent times, the Town has found that as homeowners of single-family homes seek to reconstruct or reconfigure their docks to react to changing conditions of the submerged lands beyond their seawalls, and to accommodate boat sizes which are now common to own, homeowners are finding it difficult to follow the current code; and WHEREAS, while homeowners may seek variances from the provisions of the current private dock regulations, the Commission believes that if changing conditions have caused the existing code to become out of step with the realities faced by homeowners (including silting, changing boat sizes, and the like), the Code should be changed rather than making a majority of homeowners seek variances; and WHEREAS, the Commission also determines that it would be in the best interests of the Town, and its residents, to have a formal requirement for maintenance of seawalls, docks, and related structures; and WHEREAS, the Commission has reviewed various dock regulations of its neighboring communities and has determined that the Town’s current code should be replaced by a more comprehensive regulation which better addresses current conditions in the Town with respect to private boat dock construction and maintenance; and WHEREAS, it is in the best interest of the Town, its residents, and property owners, to approve the provisions set forth in this Ordinance. NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of the Town of Redington Shores, Florida, that: Section 1. Section 63-12 of the Redington Shores Town Code is hereby repealed in its entirety. 1  Section 2. A new § 63-12 of the Redington Shores Town Code is hereby created to read as follows: Sec. 63-12. – Specifications for docks. (a) Generally. Docks shall be constructed in accordance with the following: (1) The top of piling shall not be higher than the existing seawall cap and the top of the lift-poles and tie poles shall not be higher than twelve and twelve one-hundredths feet, NAVD. (2) Environmentally sustainable building practices shall be utilized unless, in the opinion of the building official, it is impracticable to do so. (3)(2) The dock facility shall consist of the slips, boatlifts, dock, catwalks, platforms, lower landings, tie poles, and personal watercraft lifts. a. All dock facilities except for boatlifts, and personal water craft lifts or floating holds, and associated catwalks, and tie poles, shall be contained within the center one-third of the property along the waterfront, but in no case shall any part of the dock facility be located any closer to a side lot line than the required setback for the zoning district in which the property is located. b. Boatlifts, and personal water craft lifts or floating holds, and associated catwalks, and tie poles may be located no closer than the required setback for the zoning district in which the property is located.seven and one-half feet from the property lines of the associated property as extended into the water provided that no boat may be tied to the side of a tie pole closer to the property line. c. One dock per single-family property is permitted. d. A maximum of two slips with or without boat lifts are permitted. e. The maximum allowable dock facility length shall be one-half the length of the portion of the seawall owned by the owner, but not be more than 35 feet from the seawall’s edge. f. The total amount of decking including dock and catwalks shall be not greater than 500 square feet. g. No portion of the dock facility and/or boat or personal watercraft shall be any closer than the greater of seven and one-half feet to the side property line or the required side setback for the zoning district in which the property is located as extended into the water unless the facilities are a shared property line dock. Two property owners may choose to abut their dock facilities among their common property line. 2  h. Two property owners sharing a common side property line as extended into the water can may choose to have a common dock in lieu of two individual private docks. i. Shared property line docks on a common property line shall be allowed and shall require an agreement between the property owners that includes a provision that the property owners shall be responsible for the removal of the dock should that agreement be terminated. The agreement shall be recorded with the county, with a copy of the recorded agreement provided to the town. j. The shared property line dock facility shall conform to all requirements of this section. k. Only one shared property line dock is allowed per lot. (4)(3) A dock facility which, when constructed, was lawfully constructed either as a matter of right or through the grant of a variance may be repaired or rebuilt by its owners, in the same configuration, height and size as the original dock facility prior to the repair or rebuild. (5)(4) A dock facility which when constructed, was lawfully constructed either as a matter of right or through the grant of a variance, shall be allowed to continue to exist and be used and maintained as a lawful non-conforming use should any provision of this code be amended after the construction of the dock facility to provide for different configuration or dimensional requirements for new dock facilities. Notwithstanding the foregoing, all existing dock facilities must still be in compliance with all safety and maintenance requirements related to such facilities which are set forth in this Code or state law. (6) There will be a permit fee for all docks subject to inspection as established by the commission from time to time. (7)(5) Docks erected serving any lots in the town shall be subject to the following restrictions governing size, shape and location: a. No dock shall be erected which will, in the opinion of the building official, deprive owners of adjacent or nearby lots of equal docks and equal access to the docks. b. No dock construction, including all landings and stairs, shall project more than the lesser of one half the length of the portion of the seawall owned by the owner but not more than 35 feet from the seawall’s edge, or where there is no sea wall, 35 feet from the shoreline, which is defined for the purpose of this section as the mean low water line. 3 (b) Maximum height of enclosed docks. No enclosed or covered portion of any pier, dock, walkway, or other similar structure extending beyond the high-water mark of the waters of Boca Ciega Bay on any cove, inlet, or arm thereof from the adjacent lot elevation shall rise in height more than three feet above the level of the lot elevation. This provision shall not, however, apply to open-work railings, fish-cleaning tables, and flag or signal poles placed thereupon. (c) Floating docks. No floating dock shall be installed that will exceed the length and width and summation of total dockage square foot area limitations for floating and pile installed docks as provided in this article. Nothing in this section shall prohibit the installation of floating docks so long as they are constructed of completely new components attached to new and separate piling and comply with all other appropriate sections of this article and the seal and signature of the engineer of record shall be affixed to all plans submitted for such docks. Floatation shall be no less than that specified by the county. No floating dock shall be placed or situated in any of the town's waterways so as to impede or restrict in any way the free and safe passage of any other vessels using or entitled to use the waterways of this state. (d) Disposition of removed dock concrete. Concrete pilings and other concrete remnants of docks being replaced by new docks may be placed on the seabed subject to the following restrictions: (1) For a non-residential dock the engineer of record, or for a residential dock, the contractor to whom the dock permit is issued, certifies in writing to the town, on a form to be provided by the town, that: a. There are no contaminants in the concrete that would adversely affect water quality based on the standards established by the county; and b. There are no seagrasses or other environmentally sensitive features on or within 15 feet of the location where the concrete is to be placed. (2) There is no exposed metal on or within the concrete; (3) The concrete: a. Is placed under the footprint of the new dock; or b. Is placed at the base of the seawall in a single row in physical contact with the seawall or with previously placed removed concrete; and c. Is located completely below the mean low water elevation. (4) The removed concrete may project above the mean low water elevation at the seawall if it is covered by material that meets the following riprap requirements: 4  a. Materials used for riprap shall consist only of natural rock boulders or clean concrete rubble one to three feet in diameter in average dimensions, broken to resemble natural rock. If clean concrete rubble is used, then such rubble shall be free of reinforcing rods and other exposed embedded objects and shall be free of attached sediments, paint, stain or other such coatings and free of saturation by any petroleum-based product. b. Riprap shall be placed no higher than mean high tide and sloped no steeper than two horizontal to one vertical. However, neither the distance nor the use of the riprap shall interfere with navigation. No submerged grass beds or mangroves shall be filled without documented direction or approval by the appropriate state or county official. c. If riprap installation is required by the state or county, then the town permit fee, if any, for its installation shall be waived. d. Permitting is required through Pinellas County Water and Navigation and through the Florida Department of Environmental Protection. No work may begin until both permits are obtained. e. Installation of riprap may be required by the state or county, but is not required by the town, and its installation shall be considered separate from that of a seawall. Section 3. A new § 63-12.1 of the Redington Shores Town Code is hereby created to read as follows: Sec. 63-12.1. – Maintenance of seawalls, retaining walls, docks and tie poles; remedying unsafe conditions. (a) In the event the town’s building official determines seawalls, retaining walls, docks, tie poles or other structures above or in the water within the town are hazardous to the public, the building official shall order the removal or repair by sending notice to the owner of the property on which such structure is located. The owner shall have 30 days in which to comply. (b) The following items of continuing maintenance shall be required: (1) Docks shall be maintained in a condition that allows safe use as originally designed, constructed and permitted. (2) Pilings shall be maintained in a sound condition capable of resisting the loads imposed upon them. 5  (3) Decking shall be maintained in a sound condition including secure fastening to stringers. (4) Stringers shall be maintained in a sound condition including secure fastening to piling. (c) Should the town find any noncompliance for maintenance as required in subsection (b) of this section, the building official is authorized to order the repair or removal by sending notice to the owner of the upland property adjacent to the structure. The owner shall have 30 days from the date of notice within which to notify the town of her or his intent regarding the structure. The owner shall have an additional 60 days to remove the structure or apply for a permit and repair such structure. Failure to do so shall constitute a violation of this section. (d) This notice is in lieu of the requirements of chapter 70 and the notice required by that subsection shall not be required for the building official to request immediate hearing of the code enforcement board upon a violation of this section. (e) If the owner fails to comply with the order in the time limit provided in this section, the town may remove or repair the structure and the cost shall be paid by the owner. The cost shall be deemed a lien upon the land to which such structure is appurtenant and the town clerk shall record the appropriate document with the clerk of the court of the county to impose the lien. Section 4. Section 63-13 of the Redington Shores Town Code is hereby amended as follows: Sec. 63-13. - Design criteria for commercial and multiuse private docks. In addition to the design criteria for all commercial and multiuse private docks regulated by the Pinellas County Water and Navigation Control Authority, the following additional design criteria shall apply to those commercial and multiuse private docks lying within the municipal boundaries of the Town of Redington Shores, Florida: docking facilities constructed in the waters of the town shall be constructed so that the width of such facilities shall not exceed 75 percent of the width of the property at the waterfront and shall be further constructed so that the length of the facility shall not extend from the mean high water line or seawall of the property further than 75 percent of the width of the property at the waterfront; all docking facilities must be located so that no portion of the proposed facility is closer to either adjacent extended property line than ten percent of the property width at the waterfront; multiuse private and commercial docks abutting adjacent waterfront residential property must be set back a minimum of one-third of the applicant's waterfront property width from the adjacent waterfront residential property. This requirement may be waived by the board of commissioners, provided that signed statements of no objection from the affected property owners have been submitted. 6  Section 5. Section 63-14 of the Redington Shores Town Code is hereby amended as follows: Sec. 63-14. - Structures upon docks, seawall, jetties and groins. A. Residential zone. (1) No structure shall be constructed on any seawall, bulkhead, retaining wall, jetty, groin, tie pole or dock in any residential zone, except railings or ornamental fixtures, which structure shall not exceed four feet in height above the top of the nearest seawall cap. (2) Davits as approved by the building inspector may be allowed. B. Business or commercial zone. No structure shall be built on any groin, jetty or adjoining jetty or seawall, in any business or commercial zone within the town, until the plans and specifications therefor shall have been submitted to the building inspector and approved by the building inspectorofficial and the building commissioner. C. Docks shall be constructed in accordance with the following: (1) All piling shall be of precast concrete or of pressure-treated wood piling. Concrete piling shall be at least eight inches square in cross section and be of a length that will permit 25 percent of the length thereof to be embedded in the compacted bottom. Wood piling shall be pressure-treated piling having a diameter of not less than eight 10 inches measured three feet from the butt end and be of a length that will permit 25 percent of the length thereof to be embedded in the compacted bottom. (2) Concrete piling shall incorporate at least four and- one half-inch diameter steel rods running the entire length thereof and covered by at least two inches of concrete. (3) Piling shall not project above the surface of the water or land higher than six feet above the crown of the nearest street, road or thoroughfare. (4) All wood incorporated in docks shall be pressure-treated wood or vinyl treated or equal, and all nails and bolts shall be hot galvanized or better. (5) In all other respects, construction of docks within the town shall conform to the minimum specifications or better of the Pinellas County Water and Navigation Control Authority at any time in force. (6) Anything herein to the contrary notwithstanding, there may be placed adjacent to any one dock not more than four tie poles which shall be pressure-treated timber, which, when installed, shall be located no less than the required setback for the zoning district in which the property is locatedone foot within the extension of the side property lines, shall be no more than 50 feet from the seawall and shall not extend more than six feet 7  above the crown of the nearest street, road or thoroughfaretop of the seawall; and no more than one dock may be constructed appurtenant to any tract of land constituting one ownership; provided that, in the case of multiple dwellings situated upon one tract of land comprising one ownership, more than one dock may be constructed upon application to and recommendation by the planning and zoning board and approval of the board of commissioners. Signed statements of no objection from both the adjacent affected property owners shall be submitted to the building department prior to referring the matter to the planning and zoning board and the board of commissioners for decision. (7) Anything herein to the contrary notwithstanding, one light standard incorporating a light fixture that will not be blinding to boat traffic, not exceeding six feet above the crown of the nearest street, highway or thoroughfaretop of the seawall, may be erected upon a dock, provided that the wiring to such light be run from any existing structure underground and under such dock. (8) The platform of any dock shall not exceed in height the crown of the nearest road, highway or thoroughfare. D. Commercial docks shall be constructed in such a manner so as to equal or better the construction requirements set out herein for residential docks. Section 6. For purposes of codification of any existing section of the Redington Shores Code herein amended, words underlined represent additions to original text, words stricken are deletions from the original text, and words neither underlined nor stricken remain unchanged. Section 7. If any section, subsection, sentence, clause, provision or word of this Ordinance is held unconstitutional or otherwise legally invalid, same shall be severable and the remainder of this Ordinance shall not be affected by such invalidity, such that any remainder of the Ordinance shall withstand any severed provision, as the Board of Commissioners would have adopted the Ordinance and its regulatory scheme even absent the invalid part. Section 8. The Codifier shall codify the substantive amendments to the Redington Shores Code contained in Sections 1 through 5 of this Ordinance as provided for therein, and shall not codify the exordial clauses nor any other sections not designated for codification. 8  Section 9. Pursuant to Florida Statutes § 166.041(4), this Ordinance shall take effect immediately upon adoption. ADOPTED ON FIRST READING on the ____ day of _________________, 2023, by the Board of Commissioners of the Town of Redington Shores, Florida. ADOPTED ON SECOND AND FINAL READING on the ____ day of _______________, 2023, by the Board of Commissioners of the Town of Redington Shores, Florida. Attest: _____________________________ MaryBeth Henderson, Mayor ___________________________ Tracy Campbell, Town Clerk 9