HomeMy WebLinkAboutDocumentation_Regular_Tab 16_10/12/2023Agenda Item #16.
Regular Council
STAFF MEMO
Meeting: Regular Council - Oct 12 2023
Staff Contact: Lance Lilly, Senior Planner Department: Community Development
TITLE
ORDINANCE NO. 12-23, FIRST READING AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. ARTICLE VI. IN GENERAL. AT SECTION 78-4. DEFINITIONS. TO CREATE
AN ENTIRELY NEW DEFINITION FOR THE TERM PRIVATE MUSEUM, AT ARTICLE VI. SCHEDULE
OF DISTRICT REGULATIONS. AT SECTION 78-178. C-3 GENERAL COMMERCIAL DISTRICT., TO
ADD PRIVATE MUSEUM AS A SPECIAL EXCEPTION USE, AND AT ARTICLE X. OFF-STREET AND
ON-STREET PARKING AND LOADING REGULATIONS. AT SECTION 78-705. REQUIRED NUMBER
OF PARKING SPACES. TO PROVIDE THE NUMBER OF PARKING SPACES REQUIRED FOR
THESE ESTABLISHMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
SUMMARY:
The subject Ordinance was heard by the Local Planning Agency on September 22, 2023, and was
recommended for approval by a 5-0 vote.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
BUDGET INFORMATION:
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
Yes N/A
DID YOU OBTAIN 3 QUOTES?
Yes N/A
COMMENTS/EXPLANATION ON SELECTION N/A
ATTACHMENTS:
VILLAGE COUNCIL MEMO - private car museum
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Agenda Item #16.
Sec._78_178.___C_3_general_commercial_district. (6)
Ordinance No. 12-23 Zoning Text Amendment Creating Private Museum
1) Application - Executed
2) Updated Justification Statement
3) 358 S Cypress - Floor Plan
3) Updated Site Plan
3) Warranty Deed
4) Owners Consent - Executed
5) SunBiz - Owner
6a) 358 So. Cypress_Aerial 1
6b) 358 So. Cypress_Aerial 2
7a) 358 So. Cypress - Existing Photo 1
7b) 358 So. Cypress - Exisitng Photo 2
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Agenda Item #16.
VILLAGE OF TEQUESTA
To: Village of Tequesta Council Members
From: Nilsa Zacarias, AICP, Community Development Director
Date: October 12, 2023
Ref.: Ordinance 12-23 – Addition of Private Museum Use to the C-3 Zoning District
___________________________________________________________________________________
In July 2023, the Applicant submitted a Zoning Text Amendment Petition to allow “private car museums”
into the C-3 Zoning District as a special exception use. The subject property is located at 358 Cypress Drive.
The existing building was constructed in 1970 and has been used as an automotive repair establishment
providing paint and bodywork services.
Please see the enclosed list of the current permitted uses in the C-3 Zoning District. The General Commercial
Zoning District (C-3) includes parcels on Cypress Drive and Old Dixie Highway as shown on the below map:
On January 12, 2023, Mr. Donaldson Hearing (President of Cotleur and Hearing) presented to the Village
Council a conceptual plan for a private car museum at the subject property. In February 2023, the property
was acquired by SOUTH CYPRESS PROPERTIES LLC.
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Agenda Item #16.
Per the Applicant, the facility will include the following memorabilia, art, and sculptures:
Models/photos of jets/helicopters owned to include Citation X, Citation CJ4, King Air 350,
and Airbus H145 Helicopter
Models/photos of sportfishing yachts owned to include 74' Spencer and 80' Spencer
Sportfishing trophies from tournament fishing around the world
Automotive art from Bentley, Rolls Royce, Lamborghini, Bugatti, Aston Martin, Koenigsegg,
Mercedes, Jaguar
Military memorabilia.
The maximum number of luxury automobiles will be 10-12, which will contain some fuel, generally
a minimal amount to drive the vehicles in and out of the building periodically. The entire space will
be equipped with cameras, alarms, and sprinklers.
There will be no full-time employees at the site but there will be an employee that comes in and
out to monitor the vehicles and property. There will be no fixed hours of operation. Signage will
be minimal and most likely limited to the street address number.
The Applicant has also provided a preliminary site plan and floor plan as a reference to their future
improvements, please see enclosed.
Per Village Code Sec. 78-4, the current definition for museums is as follows, “Museum means a nonprofit
noncommercial establishment operated as a repository or a collection of nature, scientific, or literary
curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects
collected.”
The Applicant is proposing the following definition to incorporate the private car museum into the Village
Code: “Museum-Private Car means a specialized facility or space owned by an individual or organization
that exhibits a collection of automobiles, memorabilia, art, sculpture, and other collectibles such as art
and sculpture. The space may include an accessory office and be used occasionally for small events and
philanthropic purposes.”
However, after reviewing the application, Staff has included the following definition for private museums in
Ordinance 12-23, rather than private car museums, “Private Museum means a building used as a private
display space for a personal collection of automobiles, art, or other memorabilia. The use of the space
shall be private and not open to the public.”
Per Village Code Sec. 78-705 (19), the parking requirement for museums, art galleries, and theatres is as
follows: “(19) Museum, art gallery, theatre: One space per four seats in rooms for public assembly or for
each 200 square feet of gross floor area for use by the public, whichever is greater.”
The existing parking code does Not contemplate the proposed private museum use. The Applicant is
proposing the following parking requirements, “One space for each 500 square feet of display area, plus
one space per 250 square feet of business office/ancillary area.”
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Agenda Item #16.
The approval process for the proposed zoning text amendment is as follows:
1.Local Planning Agency (LPA) Hearing
2.Village Council First Reading
3.Village Council Second Reading
If the Village Council adopts Ordinance 12-23, the Applicant will need special exception use approval,
followed by a site plan approval.
Enclosed:
List of current uses in the C-3 Zoning District (Sec. 78-178. - C-3 general commercial district)
ORDINANCE 12 – 23 – Private Museum
Application
Aerials
Justification Statement
Proposed Site Plan
Proposed Floor Plan
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Agenda Item #16.
Sec. 78-178. C-3 general commercial district.
(a)Purpose. It is the purpose and intent of the C-3 general commercial district to provide lands within the village
as depicted on the official zoning map and thereby encourage the development of a general variety of
commercial uses which provide a wide range of goods and services.
(b)Permitted uses. Permitted uses in the C-3 district are as follows:
(1)Retail sales and services.
(2)Business services.
(3)Health care facility or medical or dental office; professional office; professional services.
(4)Personal services.
(5)Retail package liquors, lounges and bars.
(6)Restaurants, excluding fast food restaurants, drive-in restaurants and carryout restaurants.
(7)Restaurant, specialty.
(8)Nurseries.
(9)Florists.
(10)Printing establishments.
(11)Carwash.
(12)Bakery.
(13)Automotive repair establishments.
(14)Dry cleaning and laundry establishments, including laundromats.
(15)Wholesale establishments.
(16)General service and repair establishments.
(17)Wireless telecommunication towers and antennas located on village owned property, pursuant to
article IX, division 5.
(18)Motor vehicle dealers, subject to the following conditions:
a.Size shall be regulated with a minimum of two acres and a maximum of five acres. Motor vehicle
dealer establishments shall be prohibited from locating within 1,000 lineal feet of an existing or
previously approved motor vehicle dealer establishment within the jurisdictional boundaries of
the village.
b.Hours and days of operation shall be restricted as follows:
1.24-hour operation is prohibited.
2.Specific closing no later than 9:00 p.m.
3.Must remain closed on Sundays.
4.No opening for business before 7:00 a.m.
c.The use of banners, streamers, balloons or any similar device shall be prohibited. The use of flags
and flagpoles shall be pursuant to article XI of this chapter.
Created: 2023-07-20 15:47:48 \[EST\]
(Supp. No. 35, Update 2)
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Agenda Item #16.
d.All customer servicing, including washing, waxing and cleaning, and repair of motor vehicles, shall
be conducted within completely enclosed buildings.
e.All parts, supplies and materials shall be located or stored within completely enclosed buildings.
Except for the parking of the motor vehicles to be sold, rented, or serviced, there shall be no
outside storage of any kind.
f.The sale or rental of used motor vehicles shall only be an accessory to the principal use of the
building, land area or premises. The sale or rental of used motor vehicles as the principal primary
purpose or function for which any building, land area or premises is utilized shall be prohibited.
The motor vehicle dealer must be in possession of a state department of motor vehicles
franchised dealer license prior to the opening of the facility. The certificate of occupancy for the
motor vehicle dealer establishment shall be conditioned by the requirement that the motor
vehicle dealer establishment ownership be in possession of a state department of motor vehicles
franchised motor vehicle dealer license for the site of the motor vehicle dealer establishment
prior to opening for business.
g.The site plan for proposed motor vehicle dealer establishments shall include, but not be limited
to, the following:
1.Delineation of the customer parking area and the configuration of the parking spaces for
the customer parking area.
2.Delineation of an employee parking area and the configuration of the parking spaces for
the employee parking area.
3.Delineation of the required enclosed new vehicle showroom building.
4.Delineation of an acceptable outdoor vehicle display area and the configuration of the
parking spaces for the display area.
5.Delineation of any proposed vehicle storage area.
h.No more than 50 percent of the required designated outdoor vehicle display area may be utilized
for the display of used motor vehicles.
i.Motor vehicle dealers shall be required to provide a new vehicle showroom building of no less
than 3,000 gross square feet in area.
j.All "tent" sales, as well as all "telethon," "marathon," "24 hours," etc., sales efforts or campaigns
of any type, shall be prohibited.
k.The use of spotlights, skylights, searchlights, or other similar high intensity illumination lighting
shall be prohibited.
l.All artificial lighting used to illuminate the premises shall be directed away from adjacent or
abutting properties, streets, alleys, or roadways, illuminating only the subject site.
m.All radio, television, or other similar media broadcast from anywhere on the premises shall be
prohibited.
n.Any use of animated or mechanical animal, clown, etc., devices, also, anyone carrying sales signs,
advertising, or placards of any kind, from anywhere on or adjacent to the premises shall be
prohibited.
o.All writing, lettering, pricing, advertising, or signage of any type being placed directly upon or
within any motor vehicle or part thereof (i.e., windshield, window, roof, hood, trunk, side panels,
etc.) shall be prohibited. However, nothing in this subsection shall be construed to prohibit
Created: 2023-07-20 15:47:48 \[EST\]
(Supp. No. 35, Update 2)
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Agenda Item #16.
provision of required vehicular information stickers or labels as may be required by federal, state
or other law.
p.Motor vehicle dealers shall be subject to the requirements of article IX, division 2 of this chapter
and all other applicable sections of this chapter.
q.All vehicle storage areas shall be fenced or walled off. Designated vehicle storage areas shall be
contained within the rear yard of the subject property.
r.All applicable sign regulations of the village as provided in article IX of this chapter shall be
applied and met.
s.The use shall strictly conform with the village landscape regulations, article IX, division 4 of this
chapter. Additionally, 15 percent minimum of the entire site shall be devoted to living
landscaping.
t.The entire site shall be hedged, landscaped, buffered and irrigated in accordance with village
landscape regulations, article IX, division 4 of this chapter. Additionally, a 15-foot buffered
landscaped area separating the front yard of the property from abutting right-of-way shall be
required.
u.The use of raised or open hoods, trunks and doors for advertisement or attention seeking
purposes shall be prohibited. Utilization of unusual parking alignments such as "back end first"
configurations for advertisement or attention seeking purposes shall also be prohibited.
v.Stormwater runoff must be retained on-site in accordance with South Florida Water
Management District guidelines. All motor vehicle sales establishments must provide on-site
waste retention facilities for chemical and petroleum products.
w.No outdoor public address or paging system of any kind shall be permitted at any motor vehicle
sales establishment.
x.All vehicles for sale, rental or display, not located within an enclosed structure, must be parked at
grade.
(19)Places of assembly (1,500 square feet or less), subject to the following conditions:
a.All presentations and events shall be conducted entirely within a building.
b.Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar
meeting rooms; community centers or fellowship halls; administrative offices related to the
facility; gift shops for merchandise related to the facility; playgrounds and athletic fields.
(20)Veterinary office.
(21)Medical marijuana treatment centers, subject to the following requirements:
a)Survey. Medical marijuana treatment center applicants and those entities or persons seeking a
zoning confirmation letter for medical marijuana treatment centers shall be required to provide a
survey sealed by a Florida-registered land surveyor who is licensed by the State of Florida. The
survey shall indicate the distance between the proposed medical marijuana treatment center and
any real property that comprises a public or private elementary school, middle school, or
secondary school.
b)Location requirements. No medical marijuana treatment center cultivating or processing facility
shall be located closer than five hundred (500) feet from the real property that comprises a
public or private elementary school, middle school, or secondary school. All distances shall be
measured from property line to property line in a straight path without regard to intervening
structures or objects. Location requirements may not be varied.
Created: 2023-07-20 15:47:48 \[EST\]
(Supp. No. 35, Update 2)
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Agenda Item #16.
c)License or permit fees. Medical marijuana treatment centers shall be charged all license or permit
fees in an amount equal to the license or permit fees charged to pharmacies pursuant to F.S. §
381.986 . Any person or entity applying for or renewing a business tax receipt for a medical
marijuana treatment center within the village shall exhibit an active state license, or proof of
same, before such business tax receipt may be issued.
d)Compliance with State Codes. Medical marijuana treatment centers must comply with the Florida
Building Code, the Florida Fire Prevention Code, or any local amendments thereto.
e)Statutory compliance. Medical marijuana treatment centers shall establish compliance with all
applicable provisions of F.S. § 381.986 , as that section may be amended from time to time.
(c)Accessory uses. Accessory uses allowed in the C-3 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d)Special exception uses. Special exception uses in the C-3 district are as follows:
(1)Public utility buildings such as water pumping plants, water treatment plants, sewage plant lift stations
and electric substations; police and fire stations and any other use normally appurtenant thereto;
libraries and governmental uses.
(2)Places of assembly (1,515 square feet or more), subject to the following conditions:
a.All presentations and events shall be conducted entirely within a building.
b.Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar
meeting rooms; community centers or fellowship halls; administrative offices related to the
facility; gift shops for merchandise related to the facility; playgrounds and athletic fields.
(3)Theaters.
a.All presentations, shows and events shall be conducted entirely within a building.
b.No presentations, shows or events shall be started after 11:00 p.m.
(4)Full-service fuel station or gasoline service station, provided:
a.There shall be a main building setback from all right-of-way lines of 40 feet.
b.Main and accessory buildings shall be located a minimum of 50 feet from any residential district.
c.A minimum six inches in height raised curb shall be required at all right-of-way lines, except at
approved access driveway openings.
d.Curb openings and access driveway widths and locations shall meet the requirements of article X
of this chapter, except as provided for in subsection (d)(4)e of this section. Curb openings shall be
limited to two per street frontage.
e.Where two curb openings are providing access to a single street, they shall be separated by an
approved landscape island, ten feet in width and 25 feet in length at the right-of-way line. Curb
cuts for access driveways shall be located a minimum of ten feet from any adjoining property
line.
f.To ensure that sufficient room be provided on either side of the fuel pumps without intruding
upon sidewalks or upon adjoining property, fuel pumps shall be located a minimum of 50 feet
from any adjoining property and a minimum of 25 feet from any street property line.
g.All tanks, vents, pump islands and pump island or main and accessory building canopies shall
provide a minimum setback of 25 feet from any adjoining property or right-of-way.
Created: 2023-07-20 15:47:48 \[EST\]
(Supp. No. 35, Update 2)
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h.Off-street loading spaces for the delivery of materials, merchandise, fuel or any similar product
shall be located in such a manner that they are completely separate from required customer
parking spaces and access drives and aisles thereto.
i.The selling, renting or leasing of new and/or used motor vehicles, trailers or recreational vehicles
is prohibited.
j.All oil drainage pits, hydraulic lifts and mechanical repair work shall be located and conducted
within an enclosed building or structure.
k.No body damaged vehicle or vehicle components of any kind or condition shall be exposed to
view from a public road right-of-way.
l.All full-service fuel stations and gasoline service stations shall be equipped with an emergency
backup generator system of sufficient size and power to operate the fuel pumping systems for a
minimum of seven days.
(5)Convenience store, provided:
a.The proposed convenience store shall be subject to all special requirements for fuel dispensing
businesses (full service fuel stations and gasoline service stations) if the proposed store is to
include such use.
b.The proposed site shall meet or exceed the landscaping requirements found in article IX, division
4 of this chapter.
c.The proposed store shall be free of all obstructions of view from the adjacent street to the main
store windows giving a clear and unobstructed view of the cashier's station, including
obstructions of landscaping and fuel service islands.
d.The proposed store shall incorporate into its construction and operation fire protection devices
as required by the village fire-rescue department.
e.The proposed store shall have adequate on-site lighting that illuminates all parking, loading and
fuel service islands.
f.No convenience store shall be located within 1,500 feet of any other convenience store. For the
purposes of this subsection, all measurements of distances shall be along a straight airline route
from the nearest point on any property line to the nearest point on any property line of any
property used as a convenience store.
g.The proposed convenience store shall have appropriate security systems to include, but not be
limited to, the following:
1.Convenience store uses shall be equipped with cameras with video retrieval capabilities.
i.This requirement shall be exempted if the convenience store employs two or
more employees at the same time between the hours of 11:00 p.m. and 7:00
a.m.
ii.This requirement shall also be exempted if the convenience store closes on a
permanent basis by 11:00 p.m. or does not sell alcoholic beverages for
consumption off-premises.
2.The convenience store may be equipped with a silent alarm connected to the police
department.
h.The proposed convenience store shall not have as a part of its operation coin-operated
amusement devices.
Created: 2023-07-20 15:47:48 \[EST\]
(Supp. No. 35, Update 2)
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Agenda Item #16.
i.All convenience stores that include fuel dispensing services shall be equipped with an emergency
backup generator system of sufficient size and power to operate the fuel pumping systems for a
minimum of seven days.
(6)Wireless telecommunication towers and antennas located on property that is not village owned,
pursuant to article IX, division 5.
(7)Indoor amusements (bowling, pool, billiards, video game arcade and similar amusements).
(8)Drive-in/fast food/carryout restaurants.
a.Each drive-in stacking lane must be clearly defined and designed so as not to conflict or interfere
with other vehicle or pedestrian traffic utilizing the site.
b.A bypass lane shall be provided if a one-way traffic flow pattern is utilized in the parking lot.
(9)Automotive repair establishments (major or minor).
(10)Shopping centers.
(11)Adult entertainment, pursuant to article XIII of this chapter.
(e)Prohibited uses and structures. The following uses and structures are prohibited in the C-3 district:
Any use or structure not specifically or by reasonable implication permitted in this section as a permitted
use, accessory use or permissible by special exception.
(Ord. No. 14-14, § 1, 10-9-2014; Ord. No. 16-17, § 2, 11-9-2017; Ord. No. 03-21 , § 4, 3-11-2021)
Created: 2023-07-20 15:47:48 \[EST\]
(Supp. No. 35, Update 2)
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Agenda Item #16.
ORDINANCE NO. 12-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI. IN GENERAL.
AT SECTION 78-4. DEFINITIONS. TO CREATE AN ENTIRELY NEW
DEFINITION FOR THE TERM PRIVATE MUSEUM, AT ARTICLE VI.
SCHEDULE OF DISTRICT REGULATIONS. AT SECTION 78-178. C-3
GENERAL COMMERCIAL DISTRICT., TO ADD PRIVATE MUSEUM
AS A SPECIAL EXCEPTION USE, AND AT ARTICLE X. OFF-STREET
AND ON-STREET PARKING AND LOADING REGULATIONS. AT
SECTION 78-705. REQUIRED NUMBER OF PARKING SPACES. TO
PROVIDE THE NUMBER OF PARKING SPACES REQUIRED FOR
THESE ESTABLISHMENTS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta Code of Ordinances currently defines and provides
regulations for automotive repair establishments but does not contemplate private museum uses;
and
WHEREAS, current definitions do not adequately capture and regulate private museums
uses for the storage of cars, art, or other memorabilia, to be used for display and private events;
and
WHEREAS, the Village Council desires to expressly define and provide regulations for
these types of private museum uses; and
WHEREAS, the Village Council finds that the adoption of these regulations is in the
best interests of the Village of Tequesta, and will generally promote the public health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1:Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. by amending Section 78-4. Definitions. to create an
entirely new definition for the term ‘Private Museum’; providing that Section 78-4 shall
hereafter read as follows:
Sec. 78-4. - Definitions.
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Agenda Item #16.
The following words, terms and phrases, when used in this chapter, unless otherwise
specified, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning. All words used in the present tense include the future; all
words in the singular number include the plural and the plural the singular. The word "building"
includes the word "structure." The word "shall" is mandatory. The word "person" includes a
firm, corporation or municipal corporation as well as a natural person. The word "map" shall
mean the official zoning map of the village. The term "council" shall mean the Council of the
Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal
corporation of the State of Florida. The word "used" shall be deemed to include the words
"arranged, designed or intended to be used," and the word "occupied" shall be deemed to include
the words "arranged, designed or intended to be occupied." Any word or term not interpreted or
defined by this section shall be used with a meaning of common or standard utilization.
Private Museum means a building used as a private display space for a personal collection of
automobiles, art, or other memorabilia. The use of the space shall be private and not open to the
public.
\[All other definitions shall remain the same as previously adopted.\]
Section 2:Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. by amending Section 78-178.
C-3 general commercial district. to add private museum as a special exception use in the C-3
zoning district; providing that Section 78-178 shall hereafter read as follows:
Sec. 78-178. - C-3 general commercial district.
(a)-(c) \[These subsections shall remain in full force and effect as previously enacted.\]
(d) Special exception uses. Special exception uses in the C-3 district are as follows:
(1) Public utility buildings such as water pumping plants, water treatment plants, sewage
plant lift stations and electric substations; police and fire stations and any other use
normally appurtenant thereto; libraries and governmental uses.
(2) Places of assembly (1,515 square feet or more), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities; assembly halls,
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Agenda Item #16.
sanctuaries or similar meeting rooms; community centers or fellowship halls; administrative
offices related to the facility; gift shops for merchandise related to the facility; playgrounds
and athletic fields.
(3) Theaters.
a. All presentations, shows and events shall be conducted entirely within a building.
b. No presentations, shows or events shall be started after 11:00 p.m.
(4) Full-service fuel station or gasoline service station, provided:
a. There shall be a main building setback from all right-of-way lines of 40 feet.
b. Main and accessory buildings shall be located a minimum of 50 feet from any residential
district.
c. A minimum six inches in height raised curb shall be required at all right-of-way lines,
except at approved access driveway openings.
d. Curb openings and access driveway widths and locations shall meet the requirements of
article X of this chapter, except as provided for in subsection (d)(4)e of this section. Curb
openings shall be limited to two per street frontage.
e. Where two curb openings are providing access to a single street, they shall be separated
by an approved landscape island, ten feet in width and 25 feet in length at the right-of-way
line. Curb cuts for access driveways shall be located a minimum of ten feet from any
adjoining property line.
f. To ensure that sufficient room be provided on either side of the fuel pumps without
intruding upon sidewalks or upon adjoining property, fuel pumps shall be located a
minimum of 50 feet from any adjoining property and a minimum of 25 feet from any street
property line.
g. All tanks, vents, pump islands and pump island or main and accessory building canopies
shall provide a minimum setback of 25 feet from any adjoining property or right-of-way.
h. Off-street loading spaces for the delivery of materials, merchandise, fuel or any similar
product shall be located in such a manner that they are completely separate from required
customer parking spaces and access drives and aisles thereto.
i. The selling, renting or leasing of new and/or used motor vehicles, trailers or recreational
vehicles is prohibited.
j. All oil drainage pits, hydraulic lifts and mechanical repair work shall be located and
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Agenda Item #16.
conducted within an enclosed building or structure.
k. No body damaged vehicle or vehicle components of any kind or condition shall be
exposed to view from a public road right-of-way.
l. All full-service fuel stations and gasoline service stations shall be equipped with an
emergency backup generator system of sufficient size and power to operate the fuel
pumping systems for a minimum of seven days.
(5) Convenience store, provided:
a. The proposed convenience store shall be subject to all special requirements for fuel
dispensing businesses (full service fuel stations and gasoline service stations) if the
proposed store is to include such use.
b. The proposed site shall meet or exceed the landscaping requirements found in article IX,
division 4 of this chapter.
c. The proposed store shall be free of all obstructions of view from the adjacent street to the
main store windows giving a clear and unobstructed view of the cashier's station, including
obstructions of landscaping and fuel service islands.
d. The proposed store shall incorporate into its construction and operation fire protection
devices as required by the village fire-rescue department.
e. The proposed store shall have adequate on-site lighting that illuminates all parking,
loading and fuel service islands.
f. No convenience store shall be located within 1,500 feet of any other convenience store.
For the purposes of this subsection, all measurements of distances shall be along a straight
airline route from the nearest point on any property line to the nearest point on any property
line of any property used as a convenience store.
g. The proposed convenience store shall have appropriate security systems to include, but
not be limited to, the following:
1. Convenience store uses shall be equipped with cameras with video retrieval
capabilities.
i. This requirement shall be exempted if the convenience store employs two or more
employees at the same time between the hours of 11:00 p.m. and 7:00 a.m.
ii. This requirement shall also be exempted if the convenience store closes on a
permanent basis by 11:00 p.m. or does not sell alcoholic beverages for consumption
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off-premises.
2. The convenience store may be equipped with a silent alarm connected to the police
department.
h. The proposed convenience store shall not have as a part of its operation coin-operated
amusement devices.
i. All convenience stores that include fuel dispensing services shall be equipped with an
emergency backup generator system of sufficient size and power to operate the fuel
pumping systems for a minimum of seven days.
(6) Wireless telecommunication towers and antennas located on property that is not village
owned, pursuant to article IX, division 5.
(7) Indoor amusements (bowling, pool, billiards, video game arcade and similar amusements).
(8) Drive-in/fast food/carryout restaurants.
a. Each drive-in stacking lane must be clearly defined and designed so as not to conflict or
interfere with other vehicle or pedestrian traffic utilizing the site.
b. A bypass lane shall be provided if a one-way traffic flow pattern is utilized in the parking
lot.
(9) Automotive repair establishments (major or minor).
(10) Shopping centers.
(11) Adult entertainment, pursuant to article XIII of this chapter.
(12) Private Museum.
(e) \[These subsections shall remain in full force and effect as previously enacted.\]
Section 3:Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article X. Off-Street and On-Street Parking and Loading Regulations. by
amending Section 78-705. Required number of parking spaces. to provide the number of parking
spaces requirements for private museum; providing that Section 78-705 shall hereafter read as
follows:
Sec. 78-705. - Required number of parking spaces.
Certain of these requirements may be in conflict with the special parking requirements set
forth in the property development standards for use within the MU mixed-use district. Where a
conflict exists, the property development standards of the MU district shall apply. There shall be
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provided at the time of the erection of any main building or structure, or at the time that any main
building or structure is enlarged by more than 25 percent of the square footage of the existing
building or structure, or increased in capacity by adding dwelling units, guestrooms, floor area or
seats, minimum off-street motor vehicle parking space with adequate provisions for ingress and
egress by a motor vehicle, in accordance with the following:
(1)-(21) \[These subsections shall remain in full force and effect as previously enacted.\]
(22) Reserved Private Museum: one space for each 500 square feet of display area, plus one
space per 250 square feet of business office/ancillary area.
(23)-(36)\[These subsections shall remain in full force and effect as previously enacted.\]
Section 4:Each and every other section and subsection of Chapter 54. Offenses. shall
remain in full force and effect as previously adopted.
Section 5:All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 6:Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 7:Specific authority is hereby granted to codify this Ordinance.
Section 8:This Ordinance shall take effect immediately upon adoption.
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VillageofTequesta
ZoningTextAmendment
July25, 2023
Updated: September 07, 2023
Property Location: 358 South Cypress Drive Tequesta, Florida 33469
Property Control Number: 60-43-40-30-03-001-0050
PROJECTINFORMATION
Nate Albers, Principal of South Cypress Drive Properties, LLC, is the owner of a 0.4-acre property
located at 358 South Cypress Drive in Tequesta, Florida. The property is east of Cypress Drive
and directly adjacent to the FEC Railroad. The site is within the Village’s C-3 General Commercial
Zoning District and contains a 6,350 square foot building.
The building, constructed in 1970, 52 years ago is in need of cosmetic care. The building is
currently occupied by an auto repair establishment providing paint and bodywork services. There
have been multiple Code Enforcement Violations issued in connection with the property's existing
conditions and operation. Vehicles in various states of disrepair can be seen in virtually every
parking space. To say the least, the existing conditions are not indicative of the image of the
Village of Tequesta.
PROPOSEDIMPROVEMENTS
Mr. Albers intends to renovate the property by improving the architectural façade, increasing
green space, and enhancing landscape areas, replacing the roof and replacing the existing lift
station. The award-winning architectural firm Birse Thomas, located in Palm Beach Gardens, has
been hired to redesign the existing façade. Cotleur & Hearing will evaluate opportunities for
additional green space and develop a landscape plan to complement the proposed architectural
design. Interior improvements will also be implemented and are identified within the floor plan
provided.
PROPOSEDUSE
Mr. Albers proposes to utilize the building as a small personal office and display space for his
personal collection of automobiles, art, and other memorabilia. The use of the space will be private
and will not be open to the public. On a limited basis Mr. Albers anticipates using the space for
small philanthropic fundraisers and invitation only showings. Special Events, if proposed, will be
conducted in strict compliance with the Village of Tequesta regulations. The space will also
feature flight and golf simulators for personal use.
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358South Cypress Drive
Zoning Text Amendment
Updated September 07, 2023R
The memorabilia, art and sculptures will be a limited amount to be utilized mostly as decor for the
space and display pieces. The interior design will be open and airy with clean lines and will not
be cluttered.
consist of the following:
- Models/photos of jets/helicopters owned to include Citation X, Citation CJ4, King Air 350,
and Airbus H145 Helicopter
- Models/photos of sportfishing yachts owned to include 74' Spencer and 80' Spencer
- Sportfishing trophies from tournament fishing around the world
- Automotive art from Bentley, Rolls Royce, Lamborghini, Bugatti, Aston Martin,
Koenigsegg, Mercedes, Jaguar
- Military memorabilia.
The maximum number of luxury automobiles will be 10-12 to include Bentley, Rolls Royce,
Lamborghini, Bugatti, Aston Martin, Koenigsegg, Mercedes, Jaguar. The vehicles will contain
some fuel, generally a minimal amount to drive the vehicles in and out of the building
periodically. The entire space will be equipped with cameras, alarms, and sprinklers.
There will be no full-time employees at the site but there will be an employee that comes in and
out to monitor the vehicles and property. There will be no fixed hours of operation. Signage will
be minimal and most likely limited to the street address number.
Section 78-178 (b) of the Village Code identifies the permitted uses within the C-3 General
Commercial Zoning District. Auto Repair Establishments are listed as a permitted use however
the existing code does not identify a use that adequately describes the proposed use. After review
of the town code and as discussed during our conceptual review in January the applicant’s
proposed use is best described as a “Private Car Museum”
SIMILAR USES
The occupancy of buildings for “Private Car Museums” has become common in Northern Palm
Beach County. These facilities are often constructed with a very high level of finish materials and
often themed, such as the Staluppi’s Cars of Dreams Museum in North Palm Beach, which has a
Coney Island theme. There are several similar uses within the Jupiter Park of Commerce.
Based on our research most municipalities have classified this use as Indoor Storage which is
generally permitted within Industrial Districts, such as the Jupiter Park of Commerce. The Village
of Tequesta does not have formal industrial zoning districts. The C-3 General Commercial Zoning
District is the closest representation to an industrial zoning district as it permits Automotive Repair
Establishments, Gasoline Service Stations, and other similar uses.
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Agenda Item #16.
358South Cypress Drive
Zoning Text Amendment
Updated September 07, 2023R
REQUEST
The applicant is requesting the following code amendments:
1. A Zoning Text Amendment (ZTA) to the C-3 Zoning District Regulations Section 78-178
(d) to allow “Private Car Museum” (Museum-Private Car), not open to the public, as a
special exception (SE) use.
2. Inclusion of a definition for Museum – Private Car in Section 78-4.
3. Inclusion of an established parking ratio for this use “one space for each 500 square feet of
display area, plus one space per 250 square feet of business office/ancillary area”.
4. Upon approval of the above requested Zoning Text Amendments the applicant intends on
seeking Special Exception approval for a Private Car Museum together with Site Plan
Review and approval for the proposed architectural and site modifications.
The proposed definition to be added to Section 78-4 of the Villages Code of Ordinances is
provided Below:
Museum-Private Car means a specialized facility or space owned by an individual or organization
that exhibits a collection of automobiles, memorabilia, art, sculpture, and other collectibles such
as art and sculpture. The space may include an accessory office and be used occasionally for
small events and philanthropic purposes.
SUMMARY
In summary, the applicant desires to substantially improve an existing, deteriorated property for
personal use as a Private Car Museum. The applicant commits to work with the Village to upgrade
the property, including substantial architectural and landscape enhancements, with a focus on
the building's orientation to Cypress Drive. Additionally, the applicant commits to enhance the
landscape within the 50-foot-wide parcel of land contiguous to the eastern boundary of the site
and the FEC Railroad. Enclosed are conceptual site and architecture plans, as well as aerial and
ground level photos of the site.
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