HomeMy WebLinkAboutDocumentation_Regular_Tab 08B_12/05/2002 O" F 'f � VILLAGE OF TEQUESTA
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Table of Contents
Interoffice memorandum from Jeffery Newell .... . ..... ...... ......... ....... ...... . 1
Exhibit "A" letter from Mr. Burckart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Exhibit "B" Declaration of Use Agreement .......................................... 6
Exhibit "C" page 1099 "motor vehicle deaters" definition .. .. ...... .......... ...... 17
Exhibit «D» Ordinance 516 . . .. ... ... . .. . .. . ..... ......... . ..... ... ...... ... ... ....... . 18
Exerts from original ordinance subsection "�' ....................................... 22
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INTEROFFICF. MEMORANDUM
TO: I�1R 1�ffCFIAEL R. COtTZZO, JR VILLr1GE �L�1IVAGER
FRONi: T�FFERY G 1V'�WELL, C01�1UNITY DEVELOPI�IENT
SLJBJE(,'T: TEQtTE.STA :�IOTOR GARS
DATE: 11 /25/2002
REF: OCTOBER 28, 2002 L.�'1'lER RECEIVED FRO�I1�iR. VG'II L.L�1 BL�RCK�RT
Mr. Burckart submitted a letter requesting an informal discussion before Council to discuss t�ie possibilities of
a text amendment to the "Motor Vehicle Dealers Definition" (See Exhibit "C") section of the Code of
Ordinances, including a modification to die "Declatation of Use" restrictions diat are placed on the property
"Tequesta Motor Cars" (See Exlubit "B'�.
In the introductory sentence, Mr. Burckart makes a reference to the letter as being a"formal application" for
Coundl to take an acrion on lus request (See Exlubit "A"). The letter t�iat is befoie Council is not a"formal
application." Any changes to the Code of Ordinances or a Declaration of Use Agreement is required to go
dirough an application and ceview process by staff. Once staff has completed its review, die application will
be prepared for a public hea�ng before Council.
Mr. Burckart's letter is suggesring a change to die Code requirements for the G2 zoning district (text
amendment) and a modification to the Declararion of Use Agreement (special exception nse). The "text
amendment" is a process that requires an application submittal. Plus, die "special exception use" is a separate
appiication process, which will require a new "declaration of use agreement" that wiIl require approval of
Council in a public heaang.
Mr. Burckart, at present, has not submitted any applicarions or the required fees. Mr. Burckart is requesting
to address die Council ai�out die possibiliry for a change in the "motor velucle dealers" definition (p. 1099 of
the code book). This definition currendy reads as follows: (refer to exlubit "c")
"The use of any building, land area or odier premises for the display and sale of new
passenger motor vehicles, including repa.ir facilities, rental facilities and the carrying of stock
for replacement parts, tires, batteries and automotive accessories. The sale of used moror
vehicles shail only be pertnitted as an accessory use to new motor vehicle
dealerships. The sale or rental of used motor vehicles as rhe principal primary
purpose or function for which any buildu�g, land area or premises is utilized is
prohibited. A motor vehicle dealer must be in possession of a State of Florida Department
of Motor Vehicles Franchised Niotor `Tehicle dealer License.
Mr. Burckart has suggested that Ordinance 516 (See Exhibit "D"), passed by Council uz June of 199G,
effectivelp changed the definition above by eliminating the italicized and bold sentences ia die above section
of code. I do not agree with l�fr. Burckart's assessment based on the following reasons:
1) The text amendment that was addressed by Ord 516 did not uivolve the changing of the
" definition of "motor velucles dealers" as stated above. Tlie change of text ciid affect or amend
seceral section of tl�e original ordinance. 'I1ie section of interest is subparagraph "P' (See Exhibit
"E") of t�ie rnotor veliicle dealer's restrictions diat were stipulated for t�ie G2 Commercial
Distcict. Subparagraph "P' zeads in its original form as follows" (See Exlubit "E").
"The sale oc tental of used motor vehicles shall only be an accessory use to
the principal use of the building, land area or premise. The sale or rental of
used motor velucles as t}ie principle primary purpose or function for w>hich
any building, land area or premise is urilized shall be prohibited. The motor
velucle dealer must be ui possession oE a State of Florida Department of
Motor Velucles Franchised Dealer license prior to occu�ancy for the motor
vehicles dealer establishment shall be conditioned by the requirement that
die motor velucle dealer establishment owners�up be in possession of a
state of Florida Department oF l�'Iotoz Velucles Franchised Motoc �Telucle
dealer license for dze site of the motor vehicle dealet establisliment prior to
opening for business."
'I'he above section of code �vas amended in June of 1996 by ordinance 51G, subparagraph
"fl', to read as follo��vs: (See Exlubit "D").
"The business of the sale, brokerage, and rental of vehicles is only to be
conducted within an enclosed sho�vroom. Outdoor vehicular parking is for
customets, display and storage purposes only. T'l�e dealership must
maintain a valid license with die State Department of l�Iotor `Tel�.icles at all
times."
1�s one can see a significant change in the text had occurred due to dle text amendment that was instituted by
Orciinance 516. 'I'he original version (exhibit "e") of subparagraph "P' does agree fully and in text with the
definition of a"motor velucle dealers." Wliereas, tlie ainended test (exhihit "d") is not making the same
statement but only stating that anyone in that tvpe of business (motor velucles) is confined to conducting its
business �x�ithin an enclosed building. Ordinance 516 did not include tl�e text amendment to the definition of
a motor vetucle dealer (exhibit "c").
I submit to Council the following conclusion: The definition of "motor. velucles dealers" sets die conditions
that a motor vehicle dealership must operate under, t}iat beuig, that the principal use is "new" veludes and
dzat "used" or "previouslST o�vned" velucles is an accessory use. Thus, not allowing a stand-alone "used" or
"previously owned" vehicle dealership as a primary business.
Section (2) of b'Ir. Burckact's letter is seeking to expand the defriurion of a"passenger motor iTehicle" to
include boats and personal watercraft. Soats and personal watercraft are not defined by Florida Statutes as
being passenger motor velucles. 1'hefefore, dus expansion of the definition is not proper to do so.
It is also understood that a"Declaration of Use ilgreement" (eshibit "b") controls the properly known as
Tequesta hiotoc Cars. 'I'his is a vety restrictive agreement that was agreed upon botlz by the Village Council
and Tequesta Motor Cars. I will list die main points of the agreement:
2
1) rlppro��ed as a"New/Used Automobile Sales and Seivices Faciliry."
2) Any uses not specifically set forth in tkie approval are prohibited and no deviation may be made
from the application as approved by die Village Council, except upon new application and
approval b5 the Village Council.
3} This Declararion of Use rlgreement shall run u>ith the land and shall be binding upon 'I11ZC, its
heirs, successors, representatives and assigiis, and any successors in interest witl� respect to die
subject property.
In summary, Tequesta Motor Cars is obligated to abide by the terms of die "declaration of use agreement"
and there cannot be any deviation from those terms that are stipulated. Should Tequesta Motor Cars want to
chaiige die use of the propertv, they must reapply for a"special exceptson use" and "site plan review" to the
Deparfinent of Community Development, then staff will prepare the application(s) fot a public hearing
before Council.
I azn of the opinion that the modification of the definition of "motor vehicle dealers" would not be of any�
benefit to t�ie Village of Tequesta. 11ie curreut wording controls t�ie rypes of automobile dealerships diat are
permitted in the G2 Commeicial District. Orher motorized vehicles (boats, personal watercraft, bicycles,
etc.) are regulated by the code and are required to operate from u.>ithin a building.
As a result of tlus research, it appears that the sale and servicing of the RV's lacated at Tequesta Motor Cars
is in conflict witti die agreement. Tius is a matter that I will discuss with Mr. Randolph and deter�nine what
action should be taken.
In Mr. Burckart's defense, Nlr. Burckart did contact me and discussed die placement of die RV's on the
properry. At that time, I was not a�vare of die Declaration of Lse �greement and its terms. Since the
propei was being used as a motor ve�ucle dealerslup, it u�as assumec�, that the sale of the RV's woutd be an
accessory use of the property. This maSJ not be the case and is currently under investigation.
It needs to Ue understood that the Village Couneil is not required to approve or disapprove NIi. Burckart's
request at tkis public hearing. I recommend that Council should require Tequesta Motoc Cars to abide by the
terms of the agreement ar reapply� for a ciifferent "special exception use" and "site plan review" as tequired by
t�ie declaration of use agreemei�t.
JeEfery C. Newell
j cn
3
WII.LIAM E. BURCKART & ASSOCIATES
LICENSED REAL ESTATE BROI�R
COMMERCIAL REAL ESTATE 5ERVICES
561-575-5400
561-5957705 (FA7�
October 28, 2002
; _•_ . :
Jeff Newell ;
Director Community Development ���- 2 g 20Q2
250 Tequesta Drive, Suite 305
Tequesta, Fla. 33469 �
�,� ;, k 3
Re: Tequesta Motors - -�• �-�- •� � � • -
Dear Jeff
Please consider this letter to be a formal application to go before the Village Council, at
the November 2002 Council Meeting to request Council action on the fotlowing:
1. A request of the Village Council to amend the recorded "Declaration of Use
Agreement" in the following manner:
Paxagraph 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 Motor Vehicle Sales and Service Facility as more fully set out in
the plans as approved by the Village. This amended language will follow through where
appropriate in the Project file and exhibits.
2. A request of the Village Council to correct and amend the Zoning Code
Definition of Motor Vehicle Dealers. The use of any building, land area or other premises
for the display and sale of new, and or used. passenger motor vehicles, including repair
facilities and the carrying of stock for replacement parts, tires, batteries and accessories.
The next two sentences should have been deleted by the �oning text amendment approved
m June of 1996. Specifically the definition of passenger motor vehicles shall be defined as
Automobiles, SINs, Standard Passenger Trucks, Recrearional Vehicles, Boats and
Personal Water Craft_
Please let me know what other steps should be taken to accomplish the above.
S' c rely,
�..
William E. Burckart
cc: Tom Steen
Maxk Simpson �
Marc Thibault, Dan Wynne
169 TEQUESTA DRIVE, SUITE 12-E, TEQUESTA, FLORIDA 33469
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oct-ie-e0�a ei:a2a■ 0r�— 3 97 827
ORB 12�79 A9 49t�
i llal il Iil ll IN il !!! II 1111i III II 111 II 111 f i I� � 111 I q� -
RETLTRN TO: JOHN C. RANDpLPH, ESQUIRE
Jones, Foster, Johnston & Stubbs, P.A.
Post Of�ice Box 3475
West Palm Beach, FL 33402-3475
DECI OF USE AGREENIENT
This Declazation of Use Agreement is executed as of _ OCT+p�,��„
Thamas A. Steen, Robert A Walsh and palrr� Beach Motor Cars, Inc., � 2 � 00 , by
Motor Cazs, (TMC) of 75 E. Putnam Avenue, Cos Cob, Connecticutt, 06807�
RECITAI.S
A- TMC owns the property more particulazly described in Exhibit "A"
attached hereto ("Property");
B• TMC has requested approval from the Vllage of Tequesta, FIorida,
("V�illage") for a Site Plan Approval for its proQ.osed project ("Project")_ Said Project is a
New/Used Automobile Sa1es and Service Facility as more fully set out in the plans as
approved by the Village.
C. The July 13, 1989 Approva{ 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, TT�REFORE, for valuable consideration, the receipt of which is here�y
acknowledged, 'T1�IC agrees as follows:
1. The Recitals sei forth above aze true and correct and are incorporated herein and
made a part hereof.
2- TMC shall compiy with all Project development conditions pursuant to the
July 13, 1989 Village Council Site Pian and Special Exception approval, attached
as Exhibit "C". The use of the Property shall be in compliance with all the
information and exhibits inciuded in the application not inconsistent with the
terms and conditions of approva(. Any uses ns�t apecifie�ly set fo�th in the
approval are prohibited and no deviation may be made from the appiication as
approved by the Vllage Council, except npori new application and approval by
the Village Council.
`''; ,�:.t, : s:� � � �� ' ;� , �
ukb 1 c�79 Pg 4.91
3_ The terms and conditions in the approvat, amendements 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 particularily contained within
the Village Zoning Ordinance as restated in Exhibit "B", incorpoated herein and
made a part thereof.
4. The Property descibed herein shail be considered as one (1) parcel and no portion
thereof may be sold, transfened, devised or assigned except in its entirety, either
voluntarily or involuntariiy, by operation of law or otherurise, unless approved by
the V'�llaga or othervvise madi�ted by agreement between 'I'E,iC 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 incluc�ng, but not limited to: (a) the
V'illage's code enforcement proceedures in the Code of Ordinances; (b) the
V'illage may initiate action to revoke the occupational license; � aii remedies
otherwise offered in the Village's Code of Ordinances; (d) injunctioq specific
performance, and any and all other equitable relief through the civil courts in and
for PaJm Beach County in the State of Florida. In the event the V'�age is
required to seek injunctive relie� it shall not be required to post bond and it shall
not be required to demostrate 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 pariy sha11 be entitled to recover
its costs, expenses and reasonable attomey's fees either befor or as a result of
litigation, incuding appeals.
6. This Declaration of Use Agreement shall be recorded by TViC in the public
records of Palm Beach County, Florida, prior to issuanc� of a Certificate of
Occupancy by the Vllage.
7. This Declaration of Use Agreement shail 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 aggreement sha�l 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 ageement between the parties and may not
be amended except by written agreement executed by both parties.
9. The e$'ective date of this agreemnt shall be the day upon which it is executed.
. �
ukb 1 `��79 Pg 49�
,
IN WITNESS Wi�REpF, TEQUESTA MOTOR CARS, has executed this
DecIaration of Use Agreement as of the date first above written.
Signed, sealeti and delivered in the TEQLTEgTA MOTOR CARS
presence of
�'=� � -
Witnes By ' �
Thomas A Steen
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Pri e
rtness
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Print N e
� / `/ � �
�tness �obert A Walsh
�/�'1 P� ��'� �
Print ame
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Wi ess � : �. _
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Print Narne
Palm Beach Motor Cars, Inc.
rtnes B y' �' -SV1/V� SY�•
���. �'.— �/� ; J Print name: y�,/� t i'Yt nJN
Print �
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Wi ss
c rT F . ,��s TL �y
Pnnt Name
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URB 1 �i07�J P9 493
STATE OF FLORIDA •
COUNTY pF pAI,M BEACH
The foregoing instrument was acknowledged before me this �{ day of��
2000, by Thomas A Steeq who is �ersonally knovvn to me or has produces
as identification. ---� ,
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Notary Publi .. �� �.:r . .'��
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Print Name ,�. . .
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My Commission expires: ` � . � � , ' �
1��3b��� - ���.
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STATE OF FLORIDA
COUNTY pF pALM BEACH
The foregoing instrument was acknowledged before me this _o� day of �
2400, by Robert A Walsh, who is personailv nnwn� me, or has produced
as identification.
QJ�C.�� ��c✓
�iotary Pubic
Print Name
OFFICIAL NOTARY SEAL
My Commission expires: cA�,A Y. g,s,RNEs
.. NOTARY P�BLIC STATE OF fLOR(DA
COMM1SS10N NO. CC635249
MY COMMISSION EXP. ARP.16, 2001
. 1
URB 1 ��79 P9 494:
; �
STATE OF FLORIDA
COUNTY pF pA,I,M BEACH
Th�p regoin ins ment was ackn�vledged be fore me this �, day of�
2000, by' 1'� 0�'�G r� , he
Motor Cars, Inc., who is • natl kn �" of ralm Beach
to me, has produced
as identification. -
Notary Public
e A� �, �
Print Name
My Commission expires: OFFiC1AL NOTARY SE�i.
CARLA Y. BARNES
1VOTARY PUBLIC 5Ti1TE OF FLORIDA
COMMISSION NO. CC635249
MY COMMISSION EXP. ,4RP.16, 2001
l�
.. . ��.L i c��7 pg
• _ .•,. _"'°•".`•. _,,. ._ DOROTHY H. WIL}SE3�1 C1.E?i!S RB 97�
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Of� 5795 P� 4 80 �'
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1� pnmei of larsi '`
nanr.^e 43 Eaet, Palm �� 1iO l• Sac��an 30. "•�P {4 Sasth.
de�cr.1.bad ar foli,a,en= �Y• .2c�dda, Sa;,� p� �� � P�ticularly
� � �° �at cacs�er o! eai,d � . ;
. the weatrrly 1ir� ���� Lot 1. benr H. 0 E., aica�q .;:
N 0 26 10 E � pazna�l ��'a•0 f°'st t� �� g
� v! begira�i�q of Lts� ��s„
' aloa�g th° s�sers'lY 1£ne o! iaid ��? �''° �ntin�e .
147.�7 taett th� 3. 8 9 • 24'30" g., d ��� �l; � of
�. 0'30'10" E., a di�� of 3.�9
of 81.14 :eet to a po�st in tl�a w�� 1�e S.. 89 B., a d�
(U.S. Hiqts+a5' No. 1) , aald Y�9� .of xay liAn ot State � Ho. 5
fran tt�e cent.Fr 11ne vf a g��� 51.00 feet Qoeaa�sta� ��t a�9�) .
� s+�ter1Y right of � No. S i t� S. 16 `SG'20" B.,
748.35 �eet �;,� '"aY 13ne, d ctistatLa of 157.0 :eetj tberns ;I. 89•�29 Sa" W. ,
Peirtt ot beqirn�i�q of t}� �� .
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E:{I�IBIT "g' TO Tf3E DECI�ARATION OF t. ,. ; ; r ,�� �'= ��F :;'=��� —
�l`?T . �
USE AGREEHENT / TEQUESTA MOTOR CARS y �� '' ��'� 1i ' �"'�
''ti �ex .:z�;
r ��'��J'i.i, r��Frn�
, � �� 3�aFa
SeQ VII APPFsND1X A-201y'�G
�3ea Vu
I3. Motor vehicle deaters, suhje�t ta the fo�lowing .
} can.tiitions:
' a• Siz� shall be regui.ated wi�h a m
of twv (2) acres ar�� a m�h�a of eight
{83 acres_ lytotor vehicIe d��r e8tablish-
meats Hhall be prahibited from lacating
�� ane �ousand (1,00�) lineal fest of
� ��ng or previously apPro�,ed motor
� vehicle desier estaEilishment wifi.�in t$e
village,
b• �i�urs aad days af operatioa shall be
rest�-ic�d as folloqvs:
�1) 2 � 4- hvur�operation i$ prohibi�d-
( Speci�ic closing na la�e�r t3�,aa 9:40 '
P-m.
. (3) Sunday operating haurs luaited �u -
, : 11:fl0 a.m. to $:U4 p.
(4) g8�� nb f a�siness nn 1Vlonday .
. Y efore 7:pp a .�.
. �- The use of banaers, fl.ags, strearaers, bal-
looas or aaY si�nilar device sha31 ba pro-
� iubit�d. 'I'�e use of the Americ�x�. fla
� �all
Supp, No, 25 Z�33
I 2.
"' _+_. _:!JCI .I• - "'
__' ... J7��7/�:"=<.i� ;TI
. -�-^l.-c �F �^'�J�c�T:i
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ORB 12079 Pg 497
�e. VIj .
TEQUEBTA CODE
Sec. Yii ,
���cted to no more t}�a,� on$
�� �g not to eaceed f ve (S) f�et by eiglit
t8) feet, Q� from a etandar� � •
. a- All c�,ata�� � g Pole.
�S, waxin ���'' iar.�� yy � a ,�
g ead c�ieatiin8� and repa� of
�°t �uc�es ehall be cr�nducted wifi�
��pt��Y ex��osed buil wi
e , �gs.
'� p�� �PP�es and materi,al8 sh� �
2 o��d vr �tured within com I
. closed buil P ete�Y en-
mfltor y���- Ezc�e� ft�z- the p��g of
nced, there ball e e no ou�ta ted
, or aer-
�Y kind. B storage of
� f Tbe buainesa of the sale, b
reutal of v�bfc3ee 3a o� �0ikerag� and
�� an enclos y ta be canductad
v�hicular � showroom. Ouiadaor
Parkiag is for cus�orn;�
P1aY and sta � �s
ship zatiat m�int���� � Z'he deal� .
t�e $ta�te j) a=.n a valid �iceuse vvith
�en� of llrto�or Yehiciss
�t a11 timea_
. g- 'I'Y�e site plan for p�posed rnotor vehicle
dealer e�ta,�b3is}�$nts sl�all •
nat be limit�d Lo �ciude _ but
. . , �thhe foilowittg;
f 1) Deli�teat3iou vf �e custr,mer
�'�a� and the �� p ��
�guraf�aa of the
P�ciIIg 8paees fer the eame.
�2) D+�Iineatiem of a,n ennploy�e.
� �'I'� a��d the confi ��
�'ataon of the
P�� $P�s far the sanie.
(3} De of �e r�
�e�.c3e a}� g'�u ed e�c�osed
o�toom bui��
(4) F of an acceptable outdoor
ve�.iele disP�aY �rea and t�.E canfig
urat�on affi.�ie par}�ing.space for the
. - . same.
��) De�inestion of any prc�posed vehirle
etaata�►e area.
SuPP• No. 28 I134
13
_'' -�i �YJJC: i:�. �l� 7hl ..
' - 7� '�� '� �� ._r+l:t �� �'����� 1 i.: �C�� 0.:
' �RB 12079 Pg 49�9 �
� Sec. VIj
. Al''°E1�TDII� A—ZON�G
Ssc Vu
h- R.eserved. .
1 ' �°�r vehic�e dealera sh
px'ovide a vehic�e shaw-r �.��d ta
�� �� �e �honsand {3,OQO�j gros�
' � � in area.
�� l�i�'°= snd �or re
. o�F . be � acce$so Psdr ac�ivitfes �I� .
� �� M or �' '�� tQ the priut��� �
as deSn �d �or repair activities are
ed in the Compse�ive Zor�b
�rdinence. p '
or facili • �t �d body s.bop.activ�ties
ties ahalt be prohibited.
� �� AIl � "ten�" esI
"mara e8, as we]1 as all ��teletb,o��►
ri w
� °n 2� honrs", et.c., sales e�' '
� °f �Y tYPe shall be �
it�d. P�hib-
I. The use of spot �.ig} a
lights, or ot,her- s ���' . searrh .
�} luminatiozi ligh��� � �nt�nsity il-
m. AlI � art�fi�al lig� • P�hibit:�i-
the �m. � used to illuniixYate
. a a �es shall � di�cec�ted away fraai
�j cent �or abutti�g p�P'�rties, s�et
'�$3's� ar rnadway8� �uminai�g oaly t�ie
subject site.
a- • A,i� radi�, televi��io or other simiiar 2ne-
dia broadcss� froln anywh8re vn
ises sha11 be prnhibited. � �em
°• �Y use of � aai�ated ar mecharsical
mal, r.�own, etc., devic�s ani-
���g sales si � a.Ieo, anyon
ards o f �, advertising, or plac-
� � �''°m �3�here on or
ad7a�eut to the premises shall be Pmb�ib-
it�d. �
P' All wr.iting, l�tteriri
� �ng. or e� g ' p adverL�B_
�age of atiq �yp� ��g PlacEd
dir�ctiY upon or within a�y motor vehicle
or part thereof {i.�.; windshield
roof, hood, trunk, �ide , wuadow,
� be prohibited. However, ao� �� � ball
1 shall be construed to prohibit p ovzsioa of
��p• No. 2s i13�4.1
� �I.
i
--• -- - - _. � _ �. -�. _-o�... . il.._:.i,=c ��F '�!�1;.5T�:i �.
� a�,
OR9 12079 Pg 499
Se�. y�
�QU�'T•� CODE
9ec VII
reQuired v+�i��. iafarmatian "s���
+c�rr labeL as t�Y be required by federal, �
. eta►te or �other la�
4 ' � m°� vehicIe sa2es ,es��
�I � �icted to U.s. � �1eata
�aatage. HowBY�., �hie s�.j a�W�Y One
&ont�g� Qn addii:i� ri �'�'lude .
vided �t.,�t • ��s-vf•way pm.,
additioaat �a8 and eg�.�� �� �
Additian�1�rantag,e s� � prohibited_
rj q '� frO ��gg ��ng additional
�� shall have a fi� buff
�' fro��P� area aeparating the pr°
� aloan '�►e ri�b,t,.of-way. �red fi�nt
re uired g LT.9. Hig}YwaY 'dae shall � .
b�"e�ed area s $ ��'�aot Iandac�p�d
t-he U.3. gParating the p�p�Y fca�a
�i�h�vay One right-of-way. .
r. Motar vEliicle aealers s
t$e reqtiiremeata of sectf�a�n. �e subject ta
all o�her a � $ub
� )�P�eneive �p sect{n��
dinaace No. 355 �� �diaance, O,-_
- a.
All �►e.b.ic�e s�ora as �ended.
�' walled ot� �7esi �ag shall f�e feac,ed
g�n�ated. ve�icls storage
yard vf t$e sub���� �� �.he rear
�. Ait applicahI� si ���� .
��ge shall be ����ations of the vil-
P��ed $nd met.
u: The use aI�al.1 st�ctl .
�ag� laadsca .. Y canfc�rm witb� the
� P� regu�atiohe. Addition+
Y� �n (�;5j Pei'+cent mi�:imum of the
�� site shal� be c�evot�d to �.iviag Iaad-
sca� .
�' T�e '��e sit� a6all� be hed
$ ��t ���red• aad ��� �and
dance w�i�i, i ��`� s� accar-
�� iandsca�e r�e�atidns.
. . W� The u�e df ra�
�d or oP� �oods, tnznks
and door� far ad�rgrh
$emeat or att�ntion
s���' � r p ose s s h a ll b e P Uti-
Supp Vo. 2& 1134.2
IS
- _' �_' <c.,�� i J. rJ 701-7 %�J-7ZJy
'.IIL�::Gc GF TE�l:EST�:+
- ?�ve aS
-) ' �— _
. ORB 1 c�'�79 pg S�M�
) � �
���� �
3ec. V�
. liaation of wau$u
� � p�'�g a2i
such as `bacic end firs�" co� �eata
adve��,�� �, $ �'atioas for
. Pose� sb �atioix ae�� p �,.
. � _ �- 8 tvrmwa � �� P1Ohibited.
sit$ ia ac � must be re�ain� o
�' M�g'emeat �� �outh Flarida Wa .
.
� �� g�ide�snca. A13
� m,otor vehic�e sales �sta.�lis�meat.a m
provide Sia waatte re�ention fa �
for ch c1li�ies
Y No outdoos. P�bIi c��� �Qducf�-
� �eia o� an �dr�se or Paging $
Y kiad ehall be P�rmit�eci at ag
�aotor v�c3e sales � �'
a. � v �� ��hment_
es for sale, rffi� �,
l � a � �� aa enclosed �'iay' not �
be par3�ed at g�'ade. �ct'u� m"st
�
� (�o
�
i
I
�
Sec. IV APPENDIX A—ZONING Sec. IV
(215) Motel. A building or group of buildings, which contain
sleeping accommodations for transient occupancy, and which
has individual entrances from outside the building to serve
each such sleeping unit. No provisions shall be made for
the cooking in any individual rooxn or suite of rooms. Ma
tels may have one (1) or more dining roor�s, restaurants or
cafes as accessory uses.
(216) Motor hom� See "Recreational vehicle."
(216.1) Motor vehicle dealers. The use of any building, land
� area or other premises for the display and sale of new
• nge1�: motor vehicles, including repair facilities, rental
facilities and the carrying oF stock for replacement parts,
tires, batteries and automotive accessories� The sale of
' t as an acce -
r. � ;.n:,r.:>..,., .
_____�� s��q use� to new mator vehicle dealerships The sale or
rental of used motor vehicles as the principal primsry
ose or n bni ' 1 d area or
. premises is utilized is prohibitesl. A motor vehicle dealer
must be in possession of a State of Florida Department of
Motor Vehicles Franchised Motor Vehicle Dealer License.
(217) Multiple�-family dwelling. See "Dwelling, multiple."
(218) Museum. A nonprofit noncommercial establishment oper-
ated 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. �
(219) National geodetic uertical datum (NGVD). Corrected in 1929
is a vertical control network used as a reference for estab-
lishing varying elevations within the flaodplain.
(220) Net fZoor area, The area actually occupied, not including
. accessory unoccupied areas such as corridors, stairs, clos-
ets, thickness of walls, columns, toilet rooms, mechanical
� areas, or other similar features.
(221) New construction. Structures for which the "start of con-
struction" commenced on or after the effective date of this
ordinance.
Supp. No. 24 1099
e
- ��
:�
�
1 '
; ORDINANCE NO. 516
ii
�I
'� AN OR.DINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
i+
! OF TEQUESTA, PaLM BEACH GOUNTY, FLORIDA, AMENDING
! I ORDINANCE NO_ 355 OF THE ViLLAGE, TI-�
� COMPREI�NSIVE ZONING ORDINANCE AS AIvIENDED, AT
':, I SECTION VII (D), SCI�DULE OF DISTRICT AND USE
�� REGULATIONS, SUB-SECTION (6) C-2 CONIMUNITY
� � COMNIERCIAL DISTRICT, PARAGRAPH (d), SPECIAL
I� EXCEPTIONS, BY AMENDING NO. 13, MOTOR VEHICLE
i� DEALERS AT CONDITIONS a., b., f., g. (3), h., AND i., AND
'� ADDING A NEW SPECIAL EXCEPTION USE, NO. 17.,
; i RESTAURANTS, FAST FOOD; AME�IDING SUB-SECTION 9
( ),
!�� MU MIXED-USE DISTRICT, PARAGRAPH (i), SPECIAL
f l EXGEPTION USES, BY ADDING A NEW SPECIAL EXCEPTION
�
� I USE NO. 15, RESTAURANTS, FAST FOQD; PROVIDING FOR
i i SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
;� IN COIv'FLICT; PROVIDING FOR CODIFICATI O N; P R O V ID I N G
t � AN EFFECTIVE DATE.
�f BE IT ORDAINED BY THE VII.,LAGE COUNCiL OF THE VII.,LAGE OF
; j TEQUESTA, PALM BEACH COUNT�', FLORIDA AS FOLLOW �
l � , S,
< `
�' Section 1. Section VII of Ordinance 355, as amended, is hereby amended at
�{ Sub-Section (D) (6) (d), Special exceptions, No. 13, Motor Vehicle deaters, by amending
;; conditions a., b., f., g.(3), h., and i. as follows:
I
i � 13. Motor vehicle dealers, subject to the follo�ving conditions:
if
a. Size shall be regulated with a minimum of two (2) acres and a maximum
�� of eight (8) acres. Motor vehicle dea(er establishments shall be
!y prohibited from locating within one thousand (1,000) lineal feet of an
i � e�isting or previously approved motor vehicle dealer establishment
; ( within the Village. �
;�
�� b. Hours and days of operation shall be restricted as follows:
'i
; � (1) 24-hour operation is prohibited.
! i (2) Specific closing no later than 9:00 P.M.
i' (3) Sunday operating hours limited to 11:00 A.M. to 6:00 P.M.
! j (4) No opening for business on Monday-Saturday before 7:00 A.M.
' ! � � .�
;; f. The business of the sale, brokerage, and rental of vehicles is only to be
�� conducted within an enclosed showroom. Outdoor vehicular parking is
C � for customers, display and storage purposes only. The dealership must
;� maintain a valid license w�ith the State Department of Motor Vehicles at
al( times.
;�
' (", K� �--� : � L .. y .' ' i , ' " � �
!
{
�
i
i g. The site plan for proposed motor vehicle dealer establishments shall
{� include, but not be limited to, the following:
i
�
� (3) Delineation of the required enclosed vehicle showroom building.
I h. Delete in its entirety.
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.
I
i
Section 2. Section VII of Ordinance 355, as amended, is hereby amended at
� Sub-Section D 6 d S cial exce tions b adding a new special exception use, No.
I ( )OO, � p Y
� 17., Restaurants, Fast Food, as follows:
( (d) Special exceptions:
�
� 17. Restaurants, fast food, subject to the following conditions:
i
i � a. Each drive-up window stacking lane must be clearly designed and
marked so as not to conflict or interfere with other vehicle or pedesfian
I traffic utilizing the site.
�
�� b. A by-pass traffic lane shall be provided if a one-way traffic flow pattern
�� is utilized in the parking lot design_
�
�
�
� c. All restaurants, fast food, shall be restricted to U.S. Highway One
' j frontage.
I�
i d. A minimum fifteen foot (15') landscape buffer shall be provided at all
;� pubiic road right-of-way, in addition to the requirements set forth in
i Section X(H}, landscaping: General requirements.
li
�� Section 3. Section VII of Ordinance 355, as amended, is hereby amended at
�
1 !( Sub-Section (D) (9) (i), Special exceptions, by adding a new Special exception use, No. 15.,
Restaurants, fast food, as follow
i
��
� � (i) Special exceptions:
I!
i i 15. Restaurants, fast food, subject to the following conditions:
�� .
i� a. Each dnve-up window stacking lane must be clearl_y designed and
;� marked so as not to conflict or interfere with other vehicle or pedestrian
�{ traffic utilizing the site.
;
�;
�' b. A by-pass traffic lane shali be provided if a one-�vay traffic flow pattem
; is utilized in the parking lot design.
��
I+
,,
�;
I �t
i{
i
� c. All restaurants, fast food, shall be restricted to U.S. Highway One
. ( frontage.
(
! d. A minimum fifteen foot ( l5') landscape buffer shall be provided at all
� public road rights-of-way, in addition to the requirements set forth in
j Section X(H) Landscaping: General requirements.
! Section 4. Severability. If any provision of this Ordinance or the a lication
� PP
j thereof is held invalid, such invalidity shall not affect the other provisions or applications of
t his Or dinance, which can be given effect without the invalid provisions or applications, and
� to this end, the provisions of this Ordinance are hereby declared severable.
I Section S. Repeal of Ordinances in Conflict. All other ordinances of the Village
I of Tequesta, Florida, or parts thereof which conflict with this or any other part of this
� Ordinance are hereby repealed.
�
1
� Section 6. Codification. This Ordinance shall be codified and made a part of the
j I official Code of Ordinances of the Viliage of Tequesta.
I,
Section 7. Effective Date. This Ordinance shall take effect immediately upon its
i passage and approval, as provided by law.
�
i THE FOREGOING ORDINANCE WAS OFFERED BY Council Member
� Meder , who moved its adoption. The motion �vas seconded
by Council Member Hansen and upon being put to a vote, the
; vote was as follows:
�
i
, FOR A.DOPTION AGAINST ADOPTION
� �
f Joseah 'v . Capre a
i
� Ron T. �lackail
�� � Elizabeth A. Schauer
�! Carl C. Hansen
i�
;l �iichael R. P�ieder
�i
�r
� The Mayor thereupon declared the Ordinance dul}� passed and adopted this 2 7 th
� �Y af June , A.D., 1996.
;,
;�
' i Mavor of Tequesta
;
j � ATTEST: � '
( � Ron T. �iackail
1 �
;
�
i�
!�
� , Z�
i�
� -
i �
i � Joann Manganiel
� Village Clerk
i
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,
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� se.:am V Li'R!1.'Fl�e�.'•,,,-{'.yj..yJ•� ..3��� F�} iF;f�«,+'�`e;'�1�: 1"!.�!".,�,` �+r..r��+.
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a , :
,:: �
W'y" .
w.
. , ° p , '
h.�:." e. Al1 parts, su
or stored pPlies and materials shall be located
Except for thehin completely enclosed buildings.
sold, rented p of the motor vehicles to be
outside storage of any kinda� there shall be no
O The sale or rental' of used mot
onl be or vehicles shall
the buildin accessory use to the principa2 use of
a rental o f g' land area or premise, The sale or
�N used motor vehicles as the principal
�� primary purpOSe or function for which
��� Cr7 ��� building, land aThe or premise is utilized shall
�.�,.� be prohibited.
in possession of a Stat e�of V Florida d De l a tmust be
j� ��� � Motor Vehicles Franchi p ent of
� .�. � sed Deal
� y �,�,_ � the openinq of the facility. eTheiCertifpcate of
j,�,...�- Occupancy for the motor vehicle dealer
'�'' � establishment. shall� be
+ requirement that �onditioned by the
� � establishment ownershie b�otin vehicle dealer
State of Florida Department ofp�Moession of a
Franchised Motor Vehicle Dealer licenseVforCthe
site of the motor vehicle dealer establishment
prior to opening for business.
t O The � site
plan for proposed motor vehicle dealer
establishments shall include, but not be limited
to, the following:
1) Delineation of the customer ,
the configuration of the 1°arking area and
the same. Parking spaces for
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, new
4) Delineation of an acceptable outdoor vehicle
display area and the configuration of the
parking spaces for the same.
5) Delineation of any proposed vehicle storage
area.
. O No more than fifty percent (50$ of
designated outdoor vehicle display area be
utilized for the display of used motor vehicles. �
`4 _��' t �� ro 1 . �r Z�
- 6 3 - -- -� -� ;�,, . . �__
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� . �: , � �� : ,.
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�;`-^�''` d. Accessory uses shall be ailowed, such a•
�`'� for the retail sale s• shopS
� newspapers and books, ° f flowers, sundries,
� and clothing, art and similarritemsftan sPortswear
beauty shops sub�ect to these uses be ngalocated
within a main building., The
entry shall be from within a mainpbuildingcwith no
exterior cntry except, a secondary entry may 6e
allowed from an interior courtyard.
e• All recreational accessary uses, such as
swimming pool� Spa�� tennis court, club housea
sauna and exercise room shall be located within a
main building or within an interior courtyard.
The primary customer entry shall be from within a
main building with no exterior entry except,�
secondary entry may be allowed from an interior
courtyard.
f- Hotels shall be sub�ect to the requirements of
� CZ
�� 1����� Section X, Subsection (A), Para ra h 6 and all
, other a 9 p ( )
��(E ' , pplicable sections of the Comprehensive
'� ��e �,���,��C.S Zoning Ordinance, Ordinance No. 355, as amended.
� ���+ 13. Motor Vehicle Dealers��
, Q�D� ��' conditions: •� sub�ect to the following
� �� c�.
� � b, j -�• 1 � Size shall
be regulated with a minimum of two ( 2)
� � a � ��,� acres an d a m a x i m u m o f f ive
C ��,��w �i vehicle dea l e r e s t a b l i s h m e n ts s ha ll be prohib ited
�� W C' 1� from locating within one thousand lineal feet
�► (1000') of an existing or
.
motor vehicle dealer es�tablpshmentslwithinr�tl�ie
',0•� „ �u�isdictional boundaries of th
+,�� j 1 Tequesta. e Village of
J
�sL� � � fours and days of operation shall be res
ollows: tricted as
1) No twenty-four (24) hour operation. '
2) Specific closing nG later than 9:pp p,
3) Must remain closed;on Sundays.
4) No opening for business before 7:00 a.m.
c, The use of banners, tlags, streamers, balloons, or
any similar device ,shall be prohibited. The use
of the American flag shall be restricted to no
more than one American flag not to exceed five
feet by eight feet� (5' X 8'), flown from a
standard flag pole.
d. All customer servicing, including washing, waxing
anc' cleaning, and repair of motor vehicles shall
be conducted within cc�mpletely enclosed buildings.
-62- �
' ��{'t.,' �°'����2�„`. �
' 5�;,�:
<.,'.Sj
'ia'
a
; �°���'�� i�. Motor vehicle deal '
:;;;;�� `` ' ers shall be required to provide
a new vehicle showroom building of nv less th�n
`�� three thousand
(3,000) gross square feet. �
j. Major and minor repair activities shall only be
accessory uses to the principal use. Ma�or and
minor repair activities are as defined in the
Comprehensive Zoning. Ordinance of the Village of
Tequesta. Paint and body shop activities or
faci].ities shall be prohibited.
k• All "tent" sales
"marathon", ��24 • as�� well as all "telethon"
campaigns of an t hours , etc., sales efforts or
Y Ype shall be prohibited.
1• The use of spot lights, sky lights, search lights,
or other similar high intensity illumination
lighting shall be prohibited. .
m• All artificial lighting used to illuminate tlie
premise shali be directed away from ad�acent r
abutting properties, streets, alleys, or roadway�,
illumir�ating only the sub�ect site.
n. All radio, television, or other similar media
broadcast from anywhere on the premise shall be
prohibited. ±
°• 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 ad,jacent to the premise shall be prohibited.
p. All writing, lettering, pricin
g g Y ype bein g� advertising, or
si na e of an t g 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,
no�hing herein shall be construed to prohib�.t
provision of required vehicular informati�n
"stickers" or labeZs as may be required by
Federal, State or other law.
q. All motor vehicle Saies establishments shall be
restricted to U.S. Highway One frontage. Iiowever,
this shall not preclude frontage on additional
rights-of-way provided that ingress and egress
within said additional frontage shall be
prohibited. Additionally, frontage along
additional rights-of-way shall have a fifteen
foot (15') buffered landscaped area separating the
pr�perty from the right-of-way. Required frontage
along U.S. Highway One shall be required to have a
� fifteen foot (I5') landscaped buffered area
-64- ��
Te uesta Motor Cars In
q , c.
Table of Contents
History of Tequesta Motor Cars, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
Analysis of Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - . . . . . . . . . . . . . . . . . . Page 4
Tequesta Motor Cars Site Plan Review Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 6
Request For Occupational License Letter From Robert Walsh ......... Page 9
Letter to Reconsider Denial of Occupational License . . . . . . . . . . . . . . . Page 1 Q
Memo From Scott Ladd to Michael Couzzo Concerning Used Cars ..,.... Page 12
Memo From Thomas Bradford to Michael Couzzo re: Used Cars ... ... ... Page 13
Tequesta Motar Cars Used Cars Advertisement .. . . . . . . . . . . . .. ... ... .... Page 14
Memo From Ladd To Couzzo re: History of Tequesta Motor Cars Site... Page 15
Ordinance516 ..................... ......... ... ............... ...... ... .. ... ... .... Page 16
Original Motor Vehicle Dealer Zoning Ordinance .. . . ... . . ... ... ... . .. . .. . . . . .Page 20
Current Motor Vehicle Zoning Ordinance ... ... ... ... ... ... ... ....... ... ........Page 23
INTEROFFICE MEMORANDUM
TO: JEFFERY C. NEWELL, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM: CAROL LUX, VILLAGE PLANNER
SUBJECT: MR. W. BURCKART"S LETI'ER DATED OCTOBER 28, 2002
DATE: 11 /25/2002
CC: MR. MICHAEL R COUZZO, JR. VILLA.GE MANAGER
....... - - .._....._ .................................................- - ............._.............._................................. _......................................-- _.._.._......................
History of Tequesta Mot r�, Inc
Mr. William Burckart, representative of Mr. Robert Walsh, owner of Tequesta Motor Cars. Mr. Burckart is
making an informal request to appear before Council to discuss his issues with the "motor vehicle dealers"
section of the code. This issue will affect the C-2 Commercial District.
The property is located on the west side of US ONE, approximately 2500 feet south of County Line Road
located at 746 US ONE. At the time Mr. Walsh purchased the property in 1988, it was not within the
jurisdiction of the VilIage of Tequesta. The property aras annexed into the Village of Tequesta in December
of 1988. At that time, the C-2 Commercial District did not allow a motor vehicle dealership as a pemzitted or
special exception use. Ordinance 379 created the "use" as a"special exception use" in the C-2 Commercial
District. Tequesta Motor Cars received a"site plan review" and "special exception use" in July of 19$9 as a
"motor vehicle dealership." The property was operated as a"new" and "previously owned" Jaguar
dealership.
By April of 1996 the site was no longer a Jaguar dealership. Mr. Walsh applied for an Occupational License
on this date for the purpose of operating the site as a"used" cax dealership. Mr. Scott Ladd, former Director
of Community Development, denied the appIication based on the zoning requirements that prohibited the
operation of a used car dealership. The following is a sequence of actions:
1) Letter dated 4/15/96 to Mr. Walsh from Mr. Ladd explaining his denial of the occupational Iicense
for a used car dealership.
2) Letter dated 4/25/96 to Tom Bradford from Mr. Burckart contesting the decision to disallow t�e
sale of only used cars at Tequesta Motor Cars.
3) Letter dated 4/29/96 to Scott Ladd from Mr. Burckart regasding a draft ordinance to change the
"special exception use" language for mator vehicle dealerships in ti�e C-2 Commercial District. An
application for a"text amendment" change to the code was submitted to the Village of Tequesta.
4) Letter dated 7/11/96 to Mr. Burckart from Joa.nn Manganiello, former Village Clerk, providing him
with a copy af an Ordinance amending the code for motor vehicle dealerships. (Ord. 516)
5) Copy of Ordinance 516 amending "motor vehicle dealers."
6) Copy of pages 62, 63, and 64 from the ordinance that was amended bp Ord. 516.
After the denial of Mr. Walsh's occupational license, he decided to apply for a zoning change. The changes
apply to the section of the code dealing with "motor vehicle dealers." Sta.ted as follows:
"The use of any building, land area or other premises for the display and sale of new
passenger mator vehicles, including repair facilities, rental facilities and the carrying of stock
for replacement parts, tires, batteries and automotive accessories. The sale ofused motor
velzicles shall or11'y be pernzitted as an accessory use to new motor vehicle
dealerships. The sale or rerital of z�sed motor vehicles as tlie principal primary
purpose or funatior2 for which any building, land area or premises is utilized is
prohibrted. A motor vehicle dealer must be in po$session of a State of Flarida Departrnent
of Motor Vehicles Franchised Motor Vehicle dealer License."
This section of the code was amended to its current state. Stated as follows:
"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, displap and starage
purposes onIy. The dealership must maintain a valid license with the Siate Deparrment of
Motor Vehicles at all times."
The property fell into disrepair due to negligence on the owner°s part. On June 4, 1996 the V'�llage of
Tequesta condemned the buildings. Major repairs and an overall renovation of the property occurred in the
pear 2000.
On October 4, 2000, NIr. Walsh appeared before the Village Council requesting a"site plan approval" for a
New/Used Automobile Dealership Sales and Service Facility. Council approved the site plan review and
2
special exception use coupled with a"Declaratian of Use Agreement." The Declaration of Use Agreement
contains several conditions. They are as follows:
1) That deviation from the original site plan and special exception use cannot occur.
2) That the terms of exhibit "b" apply.
3) The "Declaration of Use Agreement" runs with the land and shall be binding upon Tequesta
Motor Cars, its heirs, successors, representatives and assigns.
On January 15, 2001, Tom Bradford sent a fax to MichaeI Couzzo complaining that Tequesta Motor Cars was
selling "used" cars as its primaiy use. He also included a copy of an advertisement for Tequesta Motor Cars
that promoted a Grand Opening for its used car dealership.
A memo from Scott Ladd on January 16, 2001, stating that Mr. Ladd would be sending a code enforcement
officer to the properry. However it appeaxs that prior to that happening, Mr. Ladd recognized that the code
had change. Mr. Ladd states in a memo dated 1/17J2001 to Mr. Couzzo, an opinion based on the text
amendment that was generated by ordinance 516. Stated as follows"
"A minor scrivener's error was ma.de with regard to the changes made in that the definition
far Motor Vehicle Dealer should have been amended also to include the intent of the
Council in alIowing the sale of pre-owned vehicIes as a stand alone special exception use
within the C-2 Zoning District. It is my recommendation that staIl prepare the necessary
ordinance change amending the definition so that it agrees with the language and intent set
forth in Ordinance 516. Please advise if you concur with this recommendation."
Based on Mr. Ladd's memo, its appears that Mr. Ladd had intended to change the defuution of "motor
vel�icle dealerships" to coirzcide witlz the change that was instit�.ited by Ord. 516. The def:nition was never
changed. The current definition is as follows:
"'I`he use of any building, land area or ot�er premises for t�e display and sale of new
passenger momr vehicles, including repair facilities, rentai £acilities and the carrying of stock
for replacement parts, tires, batteries and automotive accessories. The sale of used motor
vehicles shall only be permitted as ar� accessory use to riew motor vehicle
dealerships. The sale oz rental of used motor vehrcles as the principal prtmary
purpose or function for which any buildirlg, larrd area ar premises is ut.ilized is
3
prohibited. A motor vehicle dealer must be in possession of a State of Florida Depaxtrnent
of Motor Vehicles Franchised Motor Vehicle dealer License."
The sentences in bold were removed from the original document bp Ordinance 516. But, leaving the
identical wording in the definition.
Mr. Ladd left the employment of the V�iilage of Tequesta soon after the memo was written. The definitian of
"motor vehicle dealers" remains the same as it was prior to Ordinance 516.
Currently, Tequesta Motor Cars is using the property as an"RV" sales center. There are no longer new or
used automobiles being sold on the property. It appears that may be a conflict with the "Declaration of Use
Agreement" and "special exception use" of the properry. The Department of Community Development is
conducting an analysis of this situatian and will consult with Mr. Randolph on a course of action.
In September of this yeax, Mr. Burckart appeared before Council to discuss the possibiliry of "boat" sales at
the property of Tequesta Motor Cars. In a letter addressed to Mr. Newell, Mr. Burckart states that he is
"trping to insert the retail saIes of motor vehicles driven over open water into the above referenced site." In a
subsequent letter dated October 28, 2002, Mr. BurckarC requests to go before Council to amend the
"declaration of use agreement" and to amend the definition of "motor vehicles dealers."
Anal�sis of Rec�uest
There axe two (2) administrative hurdles to address. First, tl�e Depa.rtment of Community Development
needs a letter of authorization from Mr. Walsh to appoint Mr. Burckart as his representaxive in this matter.
Second, Mr. Burckart states that his letter is a"formal application" to request a change to the special
exception use of the property, a modification of the declaration of use agreernent, and the modification of the
motor vehicIe deaIers definition. The Deparbment of Community Development has not received any
applications or fees for rhe above actions.
Mr. Burckart wishes to change the intent of the declaration of use agreement from a"New/Used
"�4utomobile" Sales and Service Facility to a New/L7sed "Motor Vehicle" Sales and Service Facility and to rewrite
the motor vehicle dealer definition.
Mr. Burckart is intending to modify the declaration of use agreement from an automobile dealership to a
motor vehicle dealership. By this action, the intent is to expand other uses into the special exception use.
4
The declaration of use agreement restricts the business to an operation of a New/Used Automobile Sales and
Service Facility. Any other use is prohibited under its current terms. At present, the research is indicating the
sale and service of the RV's is possibly a violation of the declaration of use agreement.
Mr. Burckart is intending to modify the definition of the motor vehicIe deaIers in one of tcvo (2) means, first
by the insertion of the phrase "and or used" into the definition to allow the "stand-alone" use of a used car
dealership. Or secondly, by the elimination of the two (2) sentences in the definirion that establish the
priority of the ratio between the new vehicles and used vehicles. This action will allow the use of stand-alone
used car dealerships in the C-2 commercial district.
Mr. Burckart is intending to expand the definition of a"passenger motor vehicle" to include SUV, Standard
nassen,ger Trucks, RecreationaI Vehicles, Boats and Personal Watercraft. F'lorida Statutes does not include
boats and personal watercraft as motor vehicles.
Based on this research, it my opinion the Village Council never intended to allow "used car dealerships" as a
special exception use in the C-2 Commercial District. Other uses, at present, are prohibited as oudined in the
declaration of use agreement.
Additionally, should the definition nat change in its meaning, it sets the standard under �hich an automobile
dealership is to operate and prohibits the use of "stand-alone" used car dealerships.
Carol Lux, Village Planner
cl
5
QRB 1 ���'9 Pg �� 1
VILLrAGE O� �'� EXHI�i[T "C" TO THE DECLARATION OF
� ,� USE AGREE�tiIENT / TEQUESTA IYIOT�OR CARS
� BUILDZI�G DEPARTME
� Post Oftice Sox 3273 • 357 Te:
' Tequesta, FIorid� 3�469-02;3 •
��1.'�C: (4t77) 575-6243
� �TZL�,AG£ OF TEQUESTA
BITE PLAN fi�ylEW COt3N�IL FINDINGS
�' JECT1 T�qUESTA MOTOR CARS
'746 U.5. !-iS�Y. ONE, N4FtTH
TEQUEE,9TA. FZ, '
ROBFRT pAi,sH: ApPLICANT
Th� �Iiliage Cavnc3l of the Villaqe cf TeqUS$t�, Florida,
having r�vi�wed ths abov� re�erencsd Site P2an on J�1
�ind�, pussvant to ths terma vf Ordinance No, 35�, 5 ection 3 X <M
4< b? as f�l Iosrs:
�• ''-�'hB appzava j vf the Sits P1 an wi I 1 not advers+�l y af f sct
th� public interest,
2. Tha sp�cific zaning r�quirements gavsrning ths usa of t�e
P=opert� havg besn met.
3 ' Satis��ctvtY provis�ons ` �
aszd' ar_anqeruezzts h�ve b�Q� �ads
cvncesning itesus I t;1=u lg, gect ion X { M) , 4C b3 of
Villa,q� Ordinanc� No. 335,
�. �at isf acta�y Prvvis f an�
rnad� cancsrnin and a=zanqemssits h�v+� �ot b
9 itams nat apeci.ficailp raferred to in
the previous sentenc8.
C OF APPROV�;
i• A minir�um f ive t�+ � ,,
side Qf �h � ��oot u�ility easement vn ths north
p�o a=t ad�acent to the Aqva Isle Motel and
�tat�tinq at the east side of ths s�rvice buildincr and
'���n;nq aastarly tv U.S. Ona mua� be includ�d az� the sit�
pl an.
2 • Th$ prc�posed utility ea�ements as r
as indiaatad on th�ir �q�� �Y FP&L and
sits drawing tcopy attachadl ya
bot?� the auto dsa7,ershfP Pr�Perty and the rv
P=�Perty aouth vf and a3jacan� to ths autoFdeal�ersHig
must be prnp�rly rocorded �r�d submitied to the `lillage nf
Ta+qvesta griar to the issvanc� of any permits fa�
canstruct ivn,
. �
oRB i ���� �y s��
Pa�s 2
7-20-�3
SPR Gavnail Findirtqs �
3. A� 1 p�4po��td ut il it i�a�, inol udiri�t but r�o� 1 iMSted to. �
. sl�ctriCai sarvioe, watsr, �sewer, qa�. telephQae ana
cat��e 'T. V, shall b+� looatad vn�vrgraund,
�. Chanqe the land�capa islands is� the rear suto stosaq$
ares back to tY,s original site plari, which i,ndicated six
8.75' x�40' raisec� plantesr areas loaated at each and ai
each row cf parkinq rspsces. Eaah o:� the four r�vised
islands ar� to have a minimtlm o# twv ��igravecl t�QOa in
each island.
5. All land�aaping rn�terial �eleotad shal3.be salt tolerant.
8• Queen Palma planted at U.B. Hwy. One �roz�tag� shall bs in
acoordanae w1�h V�llage of Tequesta�ratreetecaps plan.
� '�• The raqvited ahain link fence surroundinq the rear auto
storaq+� arsa �hall be qrean viny2 coated.
8. Ap}�i ia�ar►t shall submit a letter outl tninq the propoesd
a�terhaurs sita liqhting plan.
9. Applicant shal? provide � 7.andec�pe pe=go�mance bond in
�n amaunt �qual to 125� rrf the acst o� the landscape
materi�ls, 8aid bont� �hal] be in ta=ce �ar a� minimum vf
on8 t11 yeaz and ba �ubmitted in �he lorrn af a r�cordabl�
docvment a�s apgxbv�d by the Village Atta�n�y,
1 �• Applicant shall provide an und�rqround uti]itp
pa�formance bond in an amount equal to th�a aontravt
a ' D° '�n� °t P�» i�4� �1 ] ut i 1 it ie►s QzaDose�i f or ths pro jsct
undargrcund. Saxd bond shall be in foroe until a21
propoffied �tillties ars pragerly ina�all�d und�r�stiund.
The bcz�d shall b+� submitted in a form as a�pprovad by the
Vill�tg� Attorn�y, •
il. Al1 c�nditions, including th� tsn <�O) listQd in this
document an�d the twsnty-six C2S> listQd as �onditiana ot
the 5pr�cial Exc�p�ion Use �hnll be set torth. in
rsaordable farm in the �orm of an aqreemen�k as approaed
by the Villag$ Attvrney. Ths agrsement will bw p�op4rly
�xeautea., record�d and submitt�d �o the Villag� prior to
the isauana� ot � buiiding permit tor the prapo�ed
pzojsat.
�
t3RB 1 �Q1�7'9 Pg �tZI�
DOROTHY H. WILKEN, CLERK GP Ct1UNT`(, FL
Faqe 3
'7
8PR Counc i 1 Fi nsi 2 ngs
Ba�ed upoxz the :�pt�gQ��q tindinqe, the V311aqe Ccvs�ail of ths
Vi 1 i aq� �i� T�qtie�t� a�ppro��s wi�h oond it i�n� ths appl ioat ion.
F'or tY3a Vi 11 age Gouna i i
�� f�• �l�Al�,
gY� &cott D. Ladd
Buildiaq Official
Da�a: Jvl� 20, i��9 '
N4TE; A bu3ldin,q p�rmit must be appi 3ed for within Qn� t 1}
of the date of thia site plan a Year
�hall be nu�lified, PP�ovai dr th� mPP=ovsl
...�� � � �/s�- f �- �
-�-____ "`-`� ,� i } v.,
Witnass a � g
FPliaant v$ptane�
� � � r �'q
it aa� ` D�te�
Date
:'fiL.ik� ut.r-��t'! ��vvid i'� T:ii : vi' '��� si�, �,
i h�lBD� CEf:IfV [�ic� 'iil? 'vf£C�GIf1G 15 3
� 'h = �Ut' COQ �11@ '�'Of7 ;(1 fPiy ^i iL`°. ��
; 'a r �. . • ,�''� � �11 LiN
',�.'tn c��""h' i iilJ vEl� �i� "� G�.�� �.
,,,., �C�OT�Y i-j.1tVi�.KEid
. j ���--(� `�Ierk.Cir� Ct�urt
., ` � �
f ��� � I i.'J.
. II
V
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�'
BURCKART ASSOCIATES
�"��'� ��4�
April 25, 1996
Thomas Bradford
Village Manager
Village af Tequesta
357 Tequesta Drive
Tequesta, Florida 33969
Re: Tequesta Motors
Dear Tom:
This firm has been retained by the owners of Tequesta Motors
to represent them in issuance of a Certificate of Occupancy
and any othex zoning mattexs as may come up as they commence
the reopening of this facility. See attached authorization
letter.
To that end, we would like to respectfully request a�eview
of the Building Officials action in refusing to issue the
reguested Certificate of Occupancy. The enclosed
correspondence is for your review and transmittal to the
Village Council.
We herein make two requests.
The first is for the Council to eonsider our =equest for an
Occupational License vhereby we will be allowed to conduct
business as is being done at another location, in the same
zoning district, about 1500 feet away.
The second xequest, follows the Council's first action, if
necessary. This request is for the Council to amend the C-2
Zoninq regulations, to allow the sales of Used Motor
vehicles, as a grimary use, with changes to the regulations
per the attached C-2 regulations. As these changes are very
minor, we would appreciate the Council's consideration and
approval of the text to constitute the r�ading of the draft
copy of the Ordinance, thereby savinq the time involved in
draftinq and rereading this text.
P.O. BOK 83b3, JUPITER, FLORIDA 33468
1-407-575-5400 / 749-1433 FX •"
�
•
I ,
This request is beinq made as the owner's of this property
I �
are interested in opening a first class auto sales operation �
which will trade in neaz new hiqh end vehicles such as
Mercedes, Lexus, Jaguar, BMW, Grand Gherokee and Cadillac �
type automobiles. This cars will be fleet purchases and '
will look brand new. This will not only bring high paying
sales jobs to the area but will bring additional revenue to j
the Village through taxes and utility fees. The parties
intent is to fully develop the rest of the pioperty once
this facility is opened. '
Please be advised we are not in anyway attempting to !
challenge Scott's authority in this matter. We are simply
attempting to receive a different interpretation of the �
�
matter by the Council. ;
I
�
Sincerely, I
6�
P
William E. Burckart
cc: Skip Randolph
Scott Ladd
�i
�
i
I
I�
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I
i
I
--- ---- --..__.____,_._ _. _ - �o
, VILLAGE t�F TEQ �, : � �� .
DEI'ARrMEN7 QF COMMiJNITY DF�'k�C� ?i'h�ENT
�o � Post (7ffice Box 3273 � 357 Tequesea �?riv�
; Tequesta, Florida 3346�3-02?3 • (4p7)5"5-F,;'2U
�' cN o Mi i
�� Y Fax: (407) 575-Er239
Aprit 15, 1996
Robert A. Walsh
4464 N�icole Circle �
'Tequesta, FL 33469 � �' !� L� — � � ' �(
Re: Request far Qccupationai License far tbe sale of pre vehicles (used cars) within
the C-Z Zoning Distti�t,
Jear Mr. Walsh:
This let7ter is to inform you ihat your request for an Occupational License to perform th� above referenced
use at 746 i.J.S. On� North (th.e former Tequesta. Motor Cars prop�rty} is denie�l. The reason for this
d�nial ►4 that the use as yc�u describe it in your letter t� m� dated Apri1 9, 1$96 and �s you verbally
d�scriEye�+ tc� me in my office is not �n allowed use within the C-2 Zoning District. T�e C-2 Uistrict
r��ulattane allow as a special exceptian us�, motor vehicle de�ters, svbject to numerous conditions af
apera�tion. (.Capy vf appropniate code section attached). One af #��e conditions stipulated in the Speci�,l
Excep�i�an criteria for � xr�ator vehicle d�aler is that the sal� or rental Qf used (pr�-ovvned) motor vehicles
shall oniy i� allowed as an accessory use to the principal use allow�d which is as a"New" vehicle sa�les
�.nd service facility.
Y� ord�r for you to operate the type of facility �ou have described, it would be necessar4 tcr amend the C-Z
17istriet regulati�ns to include a new us� for the s�les and service afpre-owned (used) ti=:'�.zcles as a�e by
it,self. rn the event that you decide to pursue a Zoning Te�t Amendment to the C-2 I7istr�c+ regulations to
accomplish this, Y have attached a capy of an application fUr zoning change.
With re�ard io your inference that yau mzrely want to obtain an Occupatioiial T.icense to d� what
"Ureamcars�� is doing at their Tecfuesta Shnppes location, which is as a Broker in pre-owned cl�ssic,
antic�ue and special interest vehicles, 1 want to inform you that "Drectmcars" is an existing
' �� non�nforming use th�t has had an Qccupationa� License for saic� use since the 198a's. If "Iareamcars"
i .,.�;�,`',
abandons th�ir use for 90 days or more the_y will louse the n�n-confc�rmin� use. Furthermare, the fact that
�•�: one (1.) non.�ec�riforming use ma�y e�cist w�thin the C-2 district does not giv� va.lidity ta a.11owing a s�cond
rivn-confarming us� v�zthin th� Village.
L
a I h�ipe that this irtf�ormat�or► is helpful ta you in urrderstanding this C-2 Zoning District us� issue. Flease
f��I free to contact the Department of Co_mm�xnity D��velQpm�nt �t 575-6220 if you have any gu�stions
with regard to the appti�tion for zonin� change attach�d to this �e;�.�r.
.. 7 2e•. - ,ui�ltti Ptxp�r
._.. ,� ,
MEMORAN�UM:
TO: Michae) R. Couzzo, Village Manager
FROM: Scott D. Ladd, CBO, Director of Community �evelopment ��
DATE: January 16, 2001
SUBJEGT: Tequesta Motor Cars Issue regarding New Vehicles vs. Pre Owned Vehicles.
Michael, I offer the following response to the fax thttt you received from Mr. Bradford.
First, I do not know why he could not have placed c► courtesy call to me regarding the lack of
new vehicles at Tequesta Motor Cars. To send a fauc to you and copy three members of the
Village Council only serves as an attempt to embarrass and discredit me as an employee of
the Village. As an employee of the Village who has served well in every cnpacity that I have
been nsked to do for more than 21 years I take strong offense at this approuch to what
should be a simple matter of informing me with a phone call th4t there m� be u prob�em at
the cnr dealership and nsking me to look infio the matter.
With regard to the issue at hand, I immediately placed a phone call to Bill Burckart who wus
the agent for Tequestn Motor Cnrs to inform him that the dealership must have the sale of
new vehicles as the primairy use Qnd the sale of pre owned vehicles as nn accessory use in
order to meet our ordinance provisions. This would require thnt, nt a minimum, 50qo plus one
new vehicles be for sale at the dealership at all times that there are pre owned vehicles for
sale.
I will follow up ah this situation by sending a certified letter to both Mr. Burckart and to
the appropriate officer with Tequesta Motor Cctrs giving them fifteen working days to
comply or the mat�ter will be turned over to Code Enforcement for further action. Needless
to say, this matter will be proper�y resolved by the Depnrtment of Gommunity Development.
��
01/15/2001 23:14 56174476A0 TFi�MAS G FiRAi)F'QRD PAGE Qi
� ° �4 6hiM�kMt Tril
�1'eq�ie�t� FL �1�+16
�'al� (561) T44-76p � : •
Foc (S0/) 7M- 7�In
1� Mld�el R G4uma. .lr. VlMxpa Menvper �� Tt1o�Tt�s C� B�rlbrq �,'
�a {l�s1j s�5�s �r� +► incu,d�rpihisa�e
wr�rMe (S�1) 57S�2pt 1�e tllSilQ1
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�a s��, v�+u�
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Cl u� �l ror 11..�.•• a w.... cow�w.■d � IM.w. �pi�r a w.... wro.�d.
i Gorr���
DA�r �AYOB[
I hsvee trfed 10 nornw� �er� a1 Vlpaqe mplbs as beet 1 con aut d re�DO�t tor you ond a�henr.
Hvwr�rar, there a� ad�ad iser,es out tf�s� #�at I l�sN caripdbd to coirYr�r�t on a MN�p b y+our
allerttlo�n. wltit�l�e�+�x 11w caes may b�, ao !wt 11te iirMeiralu d the V1�ps ant prvMaderf or', d a
rrtb�iirN+m, m!► oonoa� 8�!�p�ed. Tha i#a�� are �s I'dlt�
1. A1�adlod hOnE00�. f��s nttd a cppy' pf an ad I r�+u�9npy 11oliDed iA Tl�r QonGtin � Taqe�eela
l�Aoi�x C•ar�. Mpta 1heR 1As ad nwke� t�o �r�anucr� d new nto�4r �rat� ��or sals or
le�rea. Hwv mar�11 aub deda�s tl�et ae1 ne�w ca�s wa�id m�la► ew mer�fos d such in lhdr
ads't Neo �ctwd in this nepard 'a a oopy af the patner�t patia� d 1he Teq��v 7ad"�
C.ple- #�kaee rnlathe de�r�pn d a�olorvd�de deplas. Tha aWs d �wed nx.�lrx wti�des is
�Y i�� ���OfY ueQ b new rnular vehirJs dera�hiP�. Th�re wwnY e nsw
vd�icle on iha p�emi�eo tf�is D�et we�eloe�xf wtwn I d�claed ihs p�penli i� qu�kx�. Mr-
t�dd slf0uid 6e dleK.'bOd b g�vt blhe bwlDm d111i� !O� pr�RC� Toqua�t•7ts at�l'Y b f�e�P tNYd
` car deei��s cut of th� W4a�p�. !is ahvuld afea be ereloW how t!'id he allowthiai� hAppen. Fk
� slr�id nwi�al�re vwr�er P�odux ��7afcf� O�r�me��t vi �AolorVel�de��s Fraitr�fle�d A+kala
Ndide tjo�x�ee inr 111at apeCific � A�r- 1.add �Ifo��i0 nc� h�s is�ted ar� oaupMi�rMM
uoemear oa+ific+�aoor�ipor�oJr ur�qln:4w■spnoduo�d. lalaew�s. Nk': tsda�haula i�d
ths a�r��o tia�ve ewt ye+a�slhan 509t. Pkscxw. af tis �cMnA slocicep� riew� nw►arbe�e b'INd.
vehidas wlfhki a ca�ple of v�s ar ihe awr� ahaild bs a'led by ths C`,ocie EMaob�tns'it
011loartorvic�aiba� dthaZ,or+inA ��de
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01/15/2�01 23:14 5617447646 Typ�,, g H�p�n P � 8 �
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MEMORANDUM:
TO: Michael R. Couzzo, Village Manager
FROM: Scott D. Ladd, CBO, �irector of Community Developmenfi �
DATE: January 17, 2001 �
SllBJECT: Additiona) Information Regarding the Issue at Tequesta Motor Cars.
Michael, after sending out my first memo to you on this issue, I continued to research the
matter and in checking back into the files for Tequesta Motor Cars, further discussions
with 8i11 BurckQrt and ndditional research into our ordinnnce language past and current, I
came up with historical information regurding the events nnd actions taken with regard to
the Tequesta Motor Cars property thnt will expinin the current use und/or uses nllowed for
this C-2, Commercial property.
I hnve enclosed the background information as follows:
• Letter dated 4-15-96 to Robert A. Wulsh from myself explaining to Mr. Walsh
why he cannot sell only pre-owned vehicles within the C-2 zoning district along
with certcin other reluted documents.
• Letter dated 425-96 to Tam Bradford from Bill Burckart contesting my
decision to �ot allow the sale of only pre-owned vehicle at the Tequesta Motors
site.
• Letter dated 4-29-96 fio Scott Ladd from Willinm E. Burckart regarding a drnft
ordinance to chainge the specinl exception use languoge for Motor Vehicle
Dealers within the C-2 zoning district along with an application for zoning
change.
• Copy of the agenda for the 5-9-96 council meeting indicnting the inclusion of
agenda item IX, C) and the backup documents for item IX, C� dnted 5-2-96 and
certnin other related documenfis.
• Letter dated 7-1i-96 to Willinm E. 8urckart from Joann MQnganiello sending
him a copy of the adopted ordinance that made his requested changes to the
zoning code.
• Copy of ordinnnce no. 516 adopted 6-27-96 that incorporates the requested
changes.
• Copy of pages 62, 63 d� 64 from the zon:��g code in effect prior to the adoption
of ordinance no. 516.
A minor scrivener's error was made with regard to the ch4nges mnde in that the
definition for Motor Vehicle �ealer should have been amended also to include the intent
o# the Council in ullowing the sale of pre-owned vehicles as a stand alone special
exception use within the C-2 Zoning District. It is my recommendation that staff
prepare the necessury ordinance chnnge nmending the definition so that it agrees with
the language and intent set forth in Ordinance No. 516. Please advise if you concur with
t�is recommendation. Thank you for your nttention to this important matter.
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' ' ORDINANCE NO. 516
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, � AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
�� OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
; ORDINANCE NO. 355 OF THE VILLAGE, THE
i � COMPREHENSIVE ZONING ORDINANCE AS AMENDED, AT
� SECTION VII (D), SCHEDULE OF DISTRICT AND USE
i REGULATIONS, SUB-SECTION (6) G2 COMMUNITY
�� CONIlVIERCIAL DISTRICT, PARAGRAPH (d), SPECIAL
I EXCEPTIONS, BY AMENDING NO. 13, MOTOR VEHICLE
I DEALERS AT CONDITIONS a., b., f., g. (3), h., AND i., AND
! ADDING A NEW SPECIAL EXCEPTION USE, NO. 17.,
I RESTAURANTS, FAST FOOD; AMENDING SUB-SECTION (9),
i MU N�D-USE DISTRICT, PARAGRAPH (i), SPECIAL
; EXCEPTION USES, BY ADDING A NEW SPECIAL EXCEPTION
! USE NO. l5, RESTAURANTS, FAST FOOD; PROVIDING FOR
� SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
�� 1N CONFLICT; PROVIDiNG FOR CODIFICATION; PROVIDING
;
AN EFFECTIVE DATE.
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`! BE IT ORDAINED BY THE VIL,LAGE COUNCIL OF THE VILLAGE OF
� 1 TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS;
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�( Section 1. Section VII of Ordinance 355, as amended, is hereby amended at
�� Sub-Section (D) (6) (d), Special exceptions, No. 13, Motor Vehicle dealers, by amending
i I conditions a., b., f., g.(3), h., and i. as follows:
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�; j 13. Motor vehicle dealers, subject to the following conditions:
�,
� I a. Size shall be regulated with a minimum of two (2) acres and a maximum
� of eight (8) acres. Motor vehicle dealer establishments 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.
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; b. Hours and days of operation shall be restricted as follows:
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' (1) 24-hour 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.
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i � f. The business of the sale, brokerage, and rental of vehicles is only to be
conducted within an enclosed showroom. Outdoor vehicular parking is
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� for customers, display and storage purposes only. The dealership must
' maintain a valid Iicense with the State Department of Motor Vehicles at
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all times.
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� g. The site plan for proposed motor vehicle dealer establishments shall
include, but not be ]imited to, the following:
(3) Delineation of the required enclosed vehicle showroom building.
h. Delete in its entirety.
i. Motor vehicle dealers shall be required to provide a vehicle showroom
building of no less than three thousand (3,000) gross squaze feet in area.
Section 2. Section VII of Ordinance 355, as amended, is hereby amended at
Sub-Section (D) (6} (d), Special exceptions by adding a new special exception use, No.
17., Restaurants, Fast Food, as follows:
(d) Special exceptions:
17. Restaurants, fast food, subject to the following conditions:
i a. Each drive-up window stacking lane must be clearly designed and
marked so as not to conflict or interfere with other vehicle or pedestrian
traffic utilizing the site.
b. A by-pass traffic lane shall be provided if a one-way traffic flow pattern
is utilized in the parking lot design.
i c. Al l restaurants, fast food, shall be restricted to U. S. Highway One
� frontage.
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d. A minimum fifteen foot (15') landscape buffer shall be provided at all
public road right-of-way, in addition to the requirements set forth in
Section X(H), landscaping: General requirements.
Section 3. Section VII of Ordinance 355, as amended, is hereby amended at
Sub-Section (D) (9) (i), Special exceptions, by adding a new Special exception use, No. 15.,
Restaurants, fast food, as follows:
(i) Special exceptions:
15. Restaurants, fast food, subject to the following conditions:
� a. Each drive-up window stacking lane must be clearl desi
y gned and
marked so as not to conflict or interfere with other vehicle or pedestrian
traffic utilizing the site.
� b. A by-pass traffic lane shall be provided if a one-way traffic flow pattern
is utilized in the parking lot design.
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" '' : ' ; c. All restaurants, fast food, shall be restricted to U.S. Highway One
, frontage.
I d. A minimum fifteen foot (15') landscape buffer shall be provided at all
� public road rights-of-way, in addition to the requirements set forth in
j Section X(H) Landscaping: General requirements.
Section 4. Severability. If any provision of this Ordinance or the application
! thereof is held invalid, such invalidity shall not affect the other provisions or applications of
; this Ordinance, which can be given effect without the invalid provisions or applications, and
to this end, the provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Village
of Tequesta, Florida, or parts thereof which conflict with this or any other part of this
Ordinance are hereby repealed.
Section 6. Codification. This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
, Section 7. Effective Date. This Ordinance shall take effect immediately upon its
� passage and approval, as provided by law.
, THE FOREGOING ORDINANCE WAS OFFERED BY Council Member
, M e d e r , who moved its adoption. The motion was seconded
� by Council Member Hansen , and upon being put to a vote, the
� vote was as follows:
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; FOR ADOPTION AGAINST ADOPTION
� Joseph :v , Cap,retta
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i Ron T. i�ackail
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� Elizabeth A. Schauer
I Carl C. Hansen
I Michael R, r�leder
� The Mayor thereupon declared the Ordinance duly passed and adopted this 2 7 th
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day of June , A.D., 1996.
� Mayor of Tequesta
� ATTEST: � �
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Ron T. Mackail
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I Joann Manganiel �
Village Clerk �
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;,„�:�''� d. Accessory uses shall be allowed, such as: shops
�� for the retail sale of flowers, sundries,
�:w.:
�'' newspapers and books, �ewelry, gift�, sportswear
and clothing, art and similar items, and barber or
beauty shops sub�ect to these uses being located
within a main building., The primary customer
entry shall be from within a main building with no
exterior entry except, a secondary entry may be
allowed from an interior courtyard.
e. All recreational accessory uses, such as a
swimming pool, spa,` tennis court, ciub house,
sauna and exercise room shall be located within a
main building or within an interior courtyard.
The primary customer entry shall be from within a
main building with no exterior entry except, •a
secondary entry may be allowed from an interior
courtyard.
f. Hotels shall be sub�ect to the requirements of
, �� ��� Section X, Subsection (A), Paragraph (6) and all
�n�� �� other applicable sections of the Comprehensive
�tl��� �„t,��;CS � Zoning Ordinance, Ordinance No. 355, as amended.
� �� j � _:
�� '�"� � , f�� j + 13 . Motor Vehicle Dealers r sub� ect to the following
�� � �,1 (j�� J �� conditions :
h �� g� '
���.� � Size shall be regulated with a minimum of two (2)
, a,, �� 6 t,� acres and a maximum of five ( 5) acrQS . Motor
��� �����t�� vehicle dealer establishments shall be prohibited
�� e i� f r o m l o c a t i n g wi t h in one t housand lineal feet
��� (1000') of an existing or previously �pproved
� motor vehicle dealer establishment within tlie
��, �j�� " � �usisdictional boundaries of the ViZlage of
Q ��� Tequesta. . •
� �p d '�, �' ` b�. Hours and days of operation shall be restricted as
follows:
1) No twenty-four (24) hour operation. '
2) Specific closing nb 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, �'lags, streamers, balloons, or
any similar device shall be prohibited. The use
of the American fl�g shall be restricted to no
. more than one American flag not to exceed five
feet by eight feet� (5' X 8'), flown from a
standard flag pole.
d. A1� customer servicing, including washing, waxing
, ant? cleaning, and repair of motor vehicles shall
be conducted within completely enclosed buildings.
-62- 2,,D
e. All parts, supplies and materials shall be located
or stored within compietely 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.
O f. The sale or rental' of used motor vehicles shall
only be an accessory use to the principal use of
the building, land area or premise. The sale or
rental of used motor vehicles as the principal
primary purpose or function for which any
building, land area or premise is utilized shall
be prohibited. The �otor vehicle dealer must be
in possession of a State of Florida 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 of Florida Department of Motor Vehicles
Franchised Motor Vehicle Dealer license for the
site of the motor vehicle dealer establishment
prior to opening for business.
? O 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 new
vehicle showroom building.
4) Delineation of an acceptable outdoor vehicle
display area and the configuration of the
parking �paces for the same. -
5) Delineation of any proposed vehicle storage
area.
�h. No more than fifty percent (50�) of the required
designated outdoor vehicle display area may be
utilized for the display of used motor vehicles. :
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~�°� �'�` vehicie dealers shall be re uired to provide
�s.s�� a new vehicle showroom building of no less th�
W. <.;
three thousand (3,000) gross square feet. n
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� and minor repair activities shall onl
accessory uses to the principal use. Ma,jor and
minor repair activities are as defined in the
Comprehensive Zoning, Ordinance of the Village of
Tequesta. Paint and body sho
facilities shall be prohibited, p activities or
k• All "tent" sales, as
"marathon" ��24 well as all "telethon"
campaigns of an thours", etc., sales efforts or
Y ype shall be prohibited.
1 • The use of spot lights, sk
or other similar hi h y search lights,
lighting shall be g lntensity illumination
prohibited. ,
m• All artificial lighting used to illuminate the
premise shall be directed away from ad�acent r
abutting properties, streets, alle s
illuminating only the sub3ect site.y ' or roadway�,
n• All radio, televisi.on
broadcast from an � or other similar media
prohibited. �� on the premise shall be
°- AnY use of animated ar mechanical animal, clown
etc., devices, also, anyone carrying sales signs,
advertising, or �
on or ad�acent toptheapremise shall be p ohibitedr
P. All writing, lettering,
signage of an Pric.ing, advertising, or
within a y t yPe being placed.directly upon or
y motor vehicle or part thereof (i.e'.,
windshield, window, roof,
panels, etc.) shall be hood, trunk, side
no�thing herein shall be pTOhibited. However,
provision of re uired construed to prohib3t
"stickers" q vehicular informati�n
or labels as may be required y
Federal, State or other law.
9. 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 provided that ingress and egress
within said additional frontage shall be
prohibited. Additionally,
additional rights-of-wa frontage along
foot (15') buffered land capedlareaa eparatingtthe
� pr�perty from the right-of-way. Required frontage
alnng U.S. Highway One shall be required to have a
fifteen foot (15') landscaped buffered area 2 �
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Sec. VII APPENDIX A—ZONING Sec. VII
ondary entry may be allowed from an
interior courtyard.
e. All recreational accessory uses, such as a
swimming pool, spa, tennis court, club
house, sauna and exercise room shall be
located within a main build.ing or within
an interior courtyard. The primary cus-
tomer entry shall be from within a main
building with no exterior entry except, a
secondary entry may be allowed from an
interior courtyard.
• f. Hotels shall be subject to the require-
ments of section X, subsection (A), para-
graph (6) and all other applicable sections
of the Comprehensive Zoning Ordinance,
Ordinance No. 355, as amended.
C 13. Motor vehicle dealers, subject to the following
conditions:
� a. Size shall be regulated with a minimum
of two (2) acres and a m�imum of eight
(8) acres. Motor vehicle dealer establish-
ments shall be prohibited from locating
within one thousand (1,000) lineal feet of
an e�usting or previously approved motor
vehicle dealer establishment within 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) 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
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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 custorner servicing, including wash-
ing, waxing and cleaning, and repair of
motor vehicles shall be conducted within
compietely enclosed buildings.
e. All pax�s, 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 Qnly 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 lieense with
the State Department of Motor Vehicl�s
at all ti�nes.
g. The si�e pla� for proposed motor vehicle
dealer estaBlishments shall include, but
not be li�ited to, the following:
(1) Delineation of the customer parking
area and the configuration of the
p�rking spaces for the same.
(2) Delineation of an employee parking
area and the configuration of the
parking spaces for the same.
(3) UeHneation of the required enclosed
vehicle°sho�vroom building.
• (4) De�i�eatton of an acceptable autdoor
vehicle display area and the config-
uration af the parking spaces for the
sa�e.
(5) Uelineation of any proposed vehicle
storage area.
- Sugp. No. 26 1�34
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� 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
squaxe feet in area.
j. Major and minor repair activities shall
only be accessory uses to the pri.ncipal
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", "24 hours", etc., sales efforts
or campaigns of any type shall be prohib-
ited.
1. 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, letteririg, 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
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Sec. VII TEQLTESTA �ODE Sec. VII
required vehicular information "stickers"
or Iabe�s as may be required by federal,
state or other law.
q. All motor velucle 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
additio�al frontage shall be prohibited.
Additionally, frontage alang additional
rights-of way shall have a fifteen-foot buff-
. ered landscaped area separating the prop-
erty fram the right-of-way. Required front-
age along U.S. Highway One shall be
required to have a fifteen-foot landscaped
buffered area �eparating the property from
the U.S. Highway 4ne right-of-way.
r. Motor vehicle dealers shall be subject to
. the requirements of section X, subsection
(M) and ai� 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 veh�cle storage
areas shall be contained within the rear
yard of the subject property.
t. A11 applicable sign regulations of the vil-
lage shall be applied and met.
u. The use shali strictly conform with the
viliage lands�cape regulatio�s. Addition-
ally, fiftsen (15) percent minimum of the
entire site shall be devoted to living land-
scaging.
' v The entire site shall be Iiedged, land-
scaped, buf�'ered and irrigated in accor-
dance �ith village landscape regulations.
�v. The use of raised or open hoods, trunks
and doo�s for aclvertisement or attention
seeking purposes shall be prohibited. Uti-
Supp. No. 2s 11342
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Sec. VII APPENDIX A—ZONING Sec. VII
lization 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 establishments 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.
14. Shopping centers.
' 15. Churches, subject to the following conditions:
a. The minimum lot size shall be five (5)
acres under unity of title, the sole use
thereof to be for church use.
b. Churches shall be within a free-standing
building.
c. Churches shall be prohibited within a
shopping center, mall, storefront or other
retail facility.
16. Publicly owned and operated community build-
ings.
17. Restaurants, fast food, subject to the following
conditions:
a. Each drive-up window stacking lane must
be clearly designed and marked so as not
to conflict or interfere with other vehicle
or pedestrian traffic utilizing the site.
b. A by-pass traffic lane shall be provided if
a one-way traffic flow pattern is utilized
in the parking lot design.
Supp. No. 26 1134.3
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