title
ITEM: ORDINANCE NO. 2014-06 (ARTICLE 6 AMENDMENT)
AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF WELLINGTON BY REPEALING ARTICLE 6, CHAPTER 12, TEMPORARY SUSPENSION OF THE PROHIBITION OF THE USE OF TENTS AS STALLS WITHIN CERTAIN AREAS OF THE EQUESTRIAN OVERLAY ZONING DISTRICT; AMENDING ARTICLE 6, CHAPTER 10, SECTION 6.10.9.D "USE OF TENTS AS TEMPORARY STALLS" TO INCLUDE PROVISIONS FOR NATURAL DISASTERS; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER CLAUSE AND PROVIDIING AN EFFECTIVE DATE.
REQUEST: Approval on second reading of Ordinance No. 2014-06 repealing Chapter 12 of Article 6 "Temporary Suspension of the Prohibition of the Use of Tents as Stalls within Certain Areas of the Equestrian Overlay Zoning District" and amending Article 6, Chapter 10, Section 6.10.9.D "Use of Tents as Temporary Stalls".
body
EXPLANATION: In 2005, Wellington experienced extensive damage to equestrian facilities caused by Hurricane Wilma. On November 29, 2005, Emergency Ordinance No. 2005-22 was adopted to temporarily suspend the prohibition of the use of tents as stalls within certain areas of the Equestrian Overlay Zoning District (Subareas A, B and D). The Emergency Ordinance suspended provisions of Section 6.10.9.D.1 "Tents Prohibited from the Equestrian Overlay Zoning District (EOZD)" and Section 6.11.8 "Use of Tents as Temporary Stalls" of the Land Development Regulations (LDR) to allow for a recovery period beginning on October 21, 2005 and ending on May 1, 2006.
Property owners had to apply for a Special Permit (SPU) and meet all requirements of the LDR to take advantage of the temporary suspension. A Village Building Official had to determine if there was actual hurricane damage to the existing structure prior to any SPU being issued. All tents were to be removed by May 1, 2006.
The Emergency Ordinance was added as Chapter 12 of Article 6 of the LDR. The suspension is no longer in effect; therefore Sections 6.12.1 through 6.12.3 are proposed to be repealed.
Section 6.10.9.D is proposed to be amended to include temporary suspension of the prohibition of tents within all subareas of the EOZD after a natural disaster. A Village Building Official must determine the existing structure has substantial damage and cannot be occupied in relation to a declared natural disaster. A property owner must apply for a SPU and must comply with the requirements set forth in Section 5.5.4 of the LDR. The tent must be removed within 24 months (with a potential for a one (1) time, six (6) month extension) or within two (2) weeks of issuance of a certificate of occupancy, expiration of the special permit, or expiration of the building permit, whichever occurs first.
The Equestrian Preserve Committee unanimously recommended approval (6-0) of Ordinance No. 2014-06 on March 12, 2014. The Planning, Zoning and Adjustment Board unanimously recommended approval (6-0) of Ordinance No. 2014-06 on May 7, 2014.
On June 10, 2014, Council approved the First Reading of the Ordinance with the changes included in the second reading version.
BUDGET AMENDMENT REQUIRED: N/A
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: SECOND READING: YES
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval on second reading of Ordinance No. 2014-06 repealing Chapter 12 of Article 6 "Temporary Suspension of the Prohibition of the Use of Tents as Stalls within Certain Areas of the Equestrian Overlay Zoning District" and amending Section 6.10.9.D "Use of Tents as Temporary Stalls".