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HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_10/12/2000 \rim B MEMORANDUM To: Michael Couzzo, Village Manager From: Scott D. Ladd, Director o ommunity Development , 0' Kara L. Irwin, Planner Date: October 3, 2000 Subject: Review of Site Plan and Special Exception Conditions for Tequesta Motor Cars, located at 746 U.S. Highway One North, a motor vehicle dealership within the C-2, Community Commercial District of the Village of Tequesta. On July 13, 1989, the Village Council approved a Special Exception Use for a Motor Vehicle Dealership at 746 U.S. Highway One with eleven (11) conditions for approval. At this time, the motor dealership proposes to re-open under the same special exception granted eleven (11) years ago. The final condition for the special exception approval was the execution and recordation of a `Declaration of Use' Agreement outlining the conditions of approval and the special exception conditions outlined in the Village of Tequesta Comprehensive Zoning Ordinance Section VII, (D) (6) (d) 13, Motor Vehicle Dealers. The Agreement was not executed during the following years, but must be executed and recorded prior to the re-opening of the dealership. The attached `Agreement' includes the eleven special exception conditions of approval and the twenty-six criteria outlined in the Village Comprehensive Zoning Code. At this time the applicant is re-affirming their commitment to the condition to execute and record the `Agreement' prior to the commencement of business. Attached are nineteen (19) sets of packets, including an original, for the above referenced subject. Please place this item on the October 12, 2000, Council agenda. RETURN TO: JOHN C. RANDOLPH, ESQUIRE Jones, Foster, Johnston& Stubbs, P.A. Post Office Box 3475 West Palm Beach, FL 33402-3475 DECLARATION OF USE AGREEMENT This Declaration of Use Agreement is executed as of , 2000, by Thomas A. Steen, Robert A. Walsh and Palm Beach Motor Cars, Inc., dba Tequesta Motor Cars, (TMC) of 75 E. Putnam Avenue, Cos Cob, Connecticutt, 06807. RECITALS A. TMC owns the property more particularly described in Exhibit "A" attached hereto ("Property"); B. TMC has requested approval from the Village of Tequesta, Florida, ("Village") for a Site Plan Approval for its proposed project ("Project"). Said Project is a New/Used Automobile Sales and Service Facility as more fully set out in the plans as approved by the Village. C. The July 13, 1989 Approval by the Village of TMC's Site Plan and Special Exception to develop the Project is conditioned upon the execution of this Declaration of Use Agreement by TMC. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, TMC agrees as follows: 1. The Recitals set forth above are true and correct and are incorporated herein and made a part hereof. 2. TMC shall comply with all Project development conditions pursuant to the July 13, 1989 Village Council Site Plan and Special Exception approval, attached as Exhibit "C". The use of the Property shall be in compliance with all the information and exhibits included in the application not inconsistent with the terms and conditions of approval. Any uses not specifically set forth in the approval are prohibited and no deviation may be made from the application as approved by the Village Council, except upon new application and approval by the Village Council. 3. The terms and conditions in the approval, amendments and this agreement are agreed to voluntarily by TMC and TMC agrees to be bound by them and TMC waives any legal objection it might otherwise have to said terms and conditions or parts thereof. Said terms and conditions are more particularly contained within the Village Zoning Ordinance as restated in Exhibit "B", incorporated herein and made a part thereof. 4. The Property described herein shall be considered as one (1) parcel and no portion thereof may be sold, transferred, devised or assigned except in its entirety, either voluntarily or involuntarily, by operation of law or otherwise, unless approved by the Village or otherwise modified by agreement between TMC and the Village. 5. The Village shall have all remedies available by law and equity in order to enforce the terms and conditions of this agreement including, but not limited to: (a)the Village's code enforcement procedures in the Code of Ordinances; (b) the Village may initiate action to revoke the occupational license; 0 all remedies otherwise offered in the Village's Code of Ordinances; (d) injunction, specific performance, and any and all other equitable relief through the civil courts in and for Palm Beach County in the State of Florida. In the event the Village is required to seek injunctive relief, it shall not be required to post bond and it shall not be required to demonstrate irreparable harm or injury to secure an injunction to enforce the terms of this agreement. Additionally, in the event of any breach, default or non performance of this agreement, or of any of its covenants, agreements, terms or conditions, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney's fees either before or as a result of litigation, including appeals. 6. This Declaration of Use Agreement shall be recorded by TMC in the public records of Palm Beach County, Florida, prior to issuance of a Certificate of Occupancy by the Village. 7. This Declaration of Use Agreement shall run with the land and shall be binding upon TMC, its heirs, successors, representatives and assigns, and any successors in interest with respect to the subject Property. This agreement shall be superior to mortgages on the Property and shall be recorded prior to the recording of any such mortgages. 8. This agreement represents the entire agreement between the parties and may not be amended except by written agreement executed by both parties. 9. The effective date of this agreement shall be the day upon which it is executed. IN WITNESS WHEREOF, TEQUESTA MOTOR CARS, has executed this Declaration of Use Agreement as of the date first above written. Signed, sealed and delivered in the TEQUESTA MOTOR CARS presence of By: Witness Thomas A. Steen Print Name Witness Print Name By: Witness Robert A. Walsh Print Name Witness Print Name Palm Beach Motor Cars, Inc. By: Witness Print name: Its: Print Name Witness Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2000, by Thomas A. Steen, who is personally known to me, or has produces as identification. Notary Public Print Name My Commission expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2000, by Robert A. Walsh, who is personally known to me, or has produced as identification. Notary Pubic Print Name My Commission expires: STATE OF FLORIDA COUNTY OF PALM BEACH • The foregoing instrument was acknowledged be fore me this , day of , 2000, by , the of Palm Beach Motor Cars, Inc., who is personally known to me, or has produced as identification. Notary Public Print Name My Commission expires: :•: ORB 1 2007 Pg 977 _e DCROTHY H. WILKEN, CLERK PB CCUNTY, FL ORS 5795 Ps 480 r • EXHIBIT A • A parcel of land lying in Goverment Lat 1, Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida. Said parcel being more particularly described as follows: '` • Fzuu tha Southwest corner of said Qarerrtnant Lot 1, bear N. 0'16'10" E., along the westerly line of said Government Lot 1, a distance of 650.0 feet to the point of beginning of the herein described parcel of land; thence continue '° N 0°16'10" E, along the westerly line of said Government Lot 1, a distance of 147.47 feet; thence S. 89°24'30" E., a distance of 620.98 feet; thence N. 0°30'10" E., a distance of 3.49 feet; thence S. 89°29'50" E., a distance of 81.14 feet to a point in the westerly right of way line of State Road No. 5 (U.S. Highway No. 1) , said point being 51.00 feet (measured at right angles) , from the center line of said State Road No. 5; thence S. 16°50'20" E., along said westerly right of way line, a distance of 157.14 feet; thence N. 89°29'50" W., 748.35 feet to the point of beginning of the herein described parcel of land. • • RECORD VERIFIED - PALM BCACH COUNTY,FlA JOHN B.OUNKLE `;•: • CLERK CIROUfT COURT 039/22/2000 13: 45 561-576-6229 VILLAGE OF TEQUESTA PAGE 01 VN.L.4CE OF TEOUESTA' EXHIBIT "B" TO THE DECLARATION OF DEPT. OF COM,MiNJTY :EVELOPMENT USE AGREEMENT / TEQUESTA MOTOR CARS P0. 50X 3273 r EQUESTA, FLOFJOA 32469 See. VII APPENDIX A—ZONING Sec. VII 13. Motor vehicle dealers, subject to the following conditions: a. Size shall be regulated gutated with a minimum of two (2) acres and a maximum of eight (8) acres. Motor vehicle dealer establish- ments shall be prohibited from locating within one thousand (1,000) lineal feet of an existing or previously approved motor Vehicle dealer establishment within the village. b. Hours and days of operation shall be restricted as follows: (1) 24-haur operation is prohibited. (2) Specific closing no later than 9:00 p.m. (3) Sunday operating hours limited to 11:00 a.m. to 6:00 p.m. (4) No opening for business on.Monday— Saturday before 7:00 a.m. c. The use of banners, flags, streamers, bal- loons or any similar device shall be pro- hibited. The use of the American flag shall Supp. No. 26 1133 0Si22 '2000 19: 45 551-575-6239 VILLAGE OF TEQUESTA PAGE 02 Sec. Vii TEQUESTA CODE Sec. VII be restricted to no more than one Ameri- can flag not to exceed five (5) feet by eight (8) feet, flown from a standard flag pole. d. All customer servicing, including wash- ing, 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 en- closed buildings. Except for the parking of motor vehicles to be sold, rented, or ser- viced, there shall be no outside storage of any kind. f. The business of the sale, brokerage, and rental of vehicles is only to be conducted within an enclosed showroom. Outdoor vehicular parking is for customers, dis- play and storage purposes only.The dealer- ship must maintain a valid license with the State Department of Motor Vehicles at all tunes_ 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 same. (2) Delineation of an employee,parking area. and the configuration of the parking spaces for the same. (3) Delineation of the required enclosed vehicle showroom building. (4) Delineation of an acceptable outdoor vehicle display area and the config- uration of the parking spaces for the same. (5) Delineation of any proposed vehicle storage area. Supp. No. 26 1134 09/22/2000 10: 45 551-575-5229 IIL_ GE OF TErI�ESTA oG,GE 03 • Sec. VII APPENDIX A-- ZONING Sec. VII h. Reserved_ i Motor vehicle dealers shall be required to provide a vehicle showroom building of no less than three thousand (3,000) gross square feet in area. j. Major and minor repair activities shall only be accessory uses to the principal use. Major and minor repair activities are as defined in the Comprehensive Zoning Ordinance. Paint and body shop activities or facilities shall be prohibited. k. All tent sales, as well as all "telethon" "marathon",�► "2¢ hours", etc., sales efforts, or campaigns of any type shall be prohib- ited. I. The use of spot lights, sky lights, search lights, or other similar high intensity il- lumination lighting shall be prohibited. m. 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. n. All radio, television, or other similar me- dia broadcast from anywhere on the prem- ises shall be prohibited_ o. Any use of animated or mechanical ani- mal, clown, etc., devices, also, anyone carrying sales signs, advertising, or plac- ards of any kind from anywhere on or adjacent to the premises shall be prohib- ited. p. All writing, lettering, pricing, advertis- ing, 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 herein shall be construed to prohibit provision of Supp. No. 26 1134.1 09f22f2©00 10: 45 561-575-6239 �JILL.,GE OF TEGUESTA ':;, E 04 VII TEQUESTA CODE Sec. VIF required vehicular information "stickers" or labels as may be required by federal, state or other law. q. All motor vehicle sales establishments shall be restricted to U.S. Highway One frontage. However, this shall not preclude frontage on additional rights-of-way pro- vided that ingress and egress within the additional frontage shall be prohibited. Additionally, frontage along additional rights-of-way shall have a fifteen foot buff- ered landscaped area separating the prop- erty from the right-of-way. Required front- age along U.B. Highway One shall be required to have a fifteen-foot landscaped buffered area separating the property from the U.S. Highway One right-of-way. r. Motor vehicle dealers shall be subject to the requirements of section X, subsection (M) and all other applicable sections of the Comprehensive Zoning Ordinance, Or- dinance No. 355, as amended. s. 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. t. All applicable sign regulations of the vil- lage shall be applied and met. u. The use shall strictly conform with the village landscape regulations. Addition- ally, fifteen (15) percent minimum of the entire site shall be devoted to living land- scaping. v. The entire site shall be hedged, land- scaped, buffered and irrigated in accor- dance with village landscape regulations. w. The use of raised or open hoods, trunks and doors for advertisement or attention seeking purposes shall be prohibited. Uti- Supp. No. 26 1134.2 09/=2%2000 17: 45 561-575-6239 VILLAGE OF TEQUESTA AGE 05 Sec. WI APPENDIX A—ZONING Sec. VIT ligation of unusual parking alignments such as 'back end first" configurations for advertisement or attention seeking pur- poses shall also be prohibited. x. Stormwater run-off must be retained on site in accordance with South Florida Wa- ter Management District guidelines. All motor vehicle sales establisjents must provide on-site waste retention facilities for chemical and petroleum; products. y No outdoor public address or paging sys- tem of any kind shall be permitted at any motor vehicle sales establishment. z. All vehicles for sale, rental or display, not located within an enclosed structure, must be parked at grade. j Stapp. No. 26 1134.3 • ^►���` EXHIBIT "C" TO THE DECLARATION OF VILLAGE OF TI USE AGREEMENT / TEQUESTA MOTOR CARS ,4' BUILDING DEPARTME - f- •- Post Office Box 3273 • 357 Tet Wi• •, Tequesta, Florida 33469-0273 •= y♦� FAX: (407) 575-6203 tr.'ti VILLAGE OF TEQUESTA SITE PLAN REVIEW COUNCIL FINDINGS PROJECT: TEQUESTA MOTOR CARS 746 U. S. HWY. ONE, NORTH TEQUESTA, FL ROBERT WALSH, APPLICANT The Village Council of the Village of Tequesta. Florida, having reviewed the above referenced Site Plan on July 13, 1989 finds, pursuant to the terms of Ordinance No. 355. Section X ( M? , 4( b) as follows: 1. The approval of the Site Plan will not adversely affect the public interest. 2. The specific zoning requirements governing the use of the property have been met. 3. Satisfactory provisions arid' arrangements have been made concerning items 1 thru 15. Section X ( M) . 4( b) of Village Ordinance No. 355. 4. Satisfactory provisions and arrangements have not bean made concerning items not specifically referred to in the previous sentence. CONDjTTONq 0f' APPRO_ ,: 1. A minimum five ( 5' ) foot utility easement on the north side of the property adjacent to the Aqua Isle Motel and starting at the east side of the service building and running easterly to U. S. One must be included on the site p1 an. 2. The proposed utility easements as requested by FP&L and as indicated on their site drawing ( copy attached) for both the auto dealership property and the proposed hotel property south of and adjacent to the auto dealership must be _properly recorded and submitted to the Village of Tequesta prior to the issuance of any permits for construction. Page 2 7-20-69 SPR Council Findings 3. All proposed utilities, including but not limited to. electrical service, water, sewer, gas, telephone and cable T. V. shall be located underground. 4. Change the landscape islands in the rear auto storage area back to the original site plan, which indicated six 8. 75' x 40' raised planter areas located at each end of each row of parking spaces. Each of the four revised islands are to have a minimum of two approved trees in each island. 5. All landscaping material selected shall be salt tolerant. 6. Queen Palms planted at U. S. Hwy. One frontage shall be in accordance with Village of Tequesta streetscape plan. 7. The required chain link fence surrounding the rear auto storage area shall be green vinyl coated. 8. Applicant shall submit a letter outlining the proposed afterhours site lighting plan. 9. Applicant shall provide a landscape performance bond in an amount equal to 125% of the cost of the landscape materials. Said bond shall be in force for a minimum of one ( 1) year and be submitted in the form of a recordable document as approved by the Village Attorney. 10. Applicant shall provide an underground utility performance bond in an amount equal to the contract amount of placing all utilities proposed for the project underground. Said bond shall be in force until all proposed utilities are properly installed underground. The bond shall be submitted in a form as approved by the Village Attorney. 11. All conditions, including the ten ( 10) listed in this document and the twenty-six ( 26) listed as conditions of the Special Exception Use shall be set forth in recordable form in the form of an agreement as approved by the Village Attorney. The agreement will be properly executed, recorded and submitted to the Village prior to the issuance of a building permit for the proposed project. Page 3 7-20-89 SPR Council Findings Based upon the foregoing findings. the Village Council of the Village of Tequesta approves with oonditions the application. For the Village Council A At& A By: Scott D. 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