HomeMy WebLinkAboutDocumentation_Regular_Tab 08_7/11/2024 Agenda Item #8.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jul 11 2024
Staff Contact: Jay Hubsch Department: Community Development
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ORDINANCE NO. 05-24, SECOND 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 WITH DISTANCE
SEPERATION REQUIREMENTS, 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.
On January 12, 2023, Cotleur and Hearing presented a conceptual plan to the Village Council for a
private car museum at 358 Cypress Drive, which is located in the C-3 zoning district. It was
determined that this use is not a permitted use or a special exception use in the C-3 zoning district.
For the village to allow the use, it requires a property owner initiated Zoning Text Amendment ("ZTA")
to amend Chapter 78 of the Zoning Code of Ordinances to create a definition of "private museum"
and to change the list of permitted uses in the C-3 zoning district. The property owner, Nate Albers of
South Cypress Properties LLC submitted an application for a ZTA in July 2023.
The applicant's building is approximately 6,350 square feet and was constructed in 1970. The building
has historically been used as an automotive repair establishment. Per the applicant's justification
statement, Mr. Albers "intends to renovate the property by improving the architectural facade,
increasing green space, and enhancing landscape areas, replacing the roof and replacing the existing
lift station." Mr. Albers also intends to "utilize the building as a small personal office and display space
for his collection of automobiles, art, and other memorabilia. The use of the space will be private and
not open to the public. On a limited basis Mr. Albers anticipates using the space for small
philanthropic fundraisers and invitation only showings". The facility will include the following cars,
memorabilia, art, and sculptures:
• 10-12 luxury automobiles
• 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
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Agenda Item #8.
• Automotive art from Bentley, Rolls Royce, Lamborghini, Bugatti, Aston Martin, Koenigsegg,
Mercedes, Jaguar
• Military memorabilia
Ordinance 5-24 went before the Local Planning Agency on September 21, 2023 (as Ordinance 12-
23), for a recommendation to Village Council. The Ordinance proposes to create a definition of private
museum, add private museum to the list of special exception uses in the C3 zoning district, and
create parking standards for private museums. The Local Planning Agency voted 5-0 to recommend
approval of the Ordinance as written.
June 13th Meeting Update
At 2nd reading during the June 13, 2024, Council meeting, Council voted 3-2 to amend the Ordinance
to add a requirement that private museums be located a minimum of 500 feet from any other private
museum. Attorney Keith Davis advised this would need to return for an additional 2nd reading due to
the language change.
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 • - •
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 SELECTIONn/a
Ord 05-24 Second Reading
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Agenda Item #8.
ORDINANCE NO. 05-24
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 WITH DISTANCE SEPARATION
REQUIREMENTS, 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,
including distance separation requirements, 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:
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Agenda Item #8.
Sec. 78-4. -Definitions.
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 displaypace for a personal collection of
automobiles, art, or other memorabilia. The use of the space shall be private and not oven to the
u
[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 #8.
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.
£ 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 #8.
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.
1. 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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Agenda Item #8.
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. Private museums shall in addition to complying with all special
exception criteria set forth at Villalze Code Sec. 78-363, and all findings required pursuant to
Village Code Sec. 78-364, be located a minimum of 500 feet from any other private museum.
Distance is to 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.
(e) [This subsection 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:
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Agenda Item #8.
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
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) Resefved Private Museum: one space for each 500 square feet of display area. plus one
space per 250 square feet of business office/ancillaiy 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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