03-14-2013 WS Special Permit for Similar Use - Vehicle Internet Sales li
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Mayor and Village Council
FROM: Ed Green, Village Manager
BY: Chuck Huff, Community Development Director
Jodi Nentwick, Village Planner
DATE: March 14, 2013
SUBJECT: WORKSHOP — Issuance of Special Permit for Similar Uses within Zoning
District(David Cohen—Vehicle Internet Sales)
The Village Administration received a Similar Use Special Permit request from David Cohen
seeking approval to operate a Vehicle Internet Sales within the C-A Commercial District, 712
U.S. Highway One Suite 301-35.
The proposed use is similar to professional office, which is a permitted use by right within this
p p p p Y g
zoning district. The business entails the selling and marketing of automobiles via the interne.
There will be no outdoor storage or displays of the vehicles. No repairs or walk up business or
the like will be conducted on site, and there will be no exterior signage.
Staff has reviewed the application for compliance based on the guidelines of Section 45-16.1 of
the Village Code of Ordinances.
Recommendations:
Village Administration recommends Council consideration and discussion as to the
attached application for Issuance of Special Permit for Similar Uses within Zoning District
as submitted and if advanced, direct the Village Attorney along with staff to work with the
applicant in preparing the necessary registration documents.
BTR
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,:.nntt��y4
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Village of North Palm Beach 13Y.. �
Department of Community Development
SIMILAR USE REQUEST APPLICATION
DATE RECEIVED: Jig, ZONING DISTRIC.I':
x
Contact Name: y I Name:
Address: ` .W_ _. M l"r' Addres
i y State%Ti p: s:
t c
Phone: I °l ,w a. Phone:
Fax: Fax:
Email Address: ]� , �� Ca. v, Btnail.Address:
Summary of Similar Use Request:
❑ Completed Business Tax Recei t Application(BTR) included
By signing,1 have read and understand the conditions set forth in Ordinance 2007-16 of the Villages Code Ordinances. 1 also
authorize the Village of North Pahl Beach Community Development staff,Fire Department,Public Safety and Public Works
Department(if applicable)tw o cater-thy property for inspection on site.
Appli _ ._ . C c "
� Irate f bate
Print blame__ o y __..... Print Name ....._ c CY ' ,, .
IMMM
Department Date Approved Not Approved Comments
(Signature) (Signature)
Planning
Building
Ow ire �
_._
Public Safety
Public Works _
Village Council
Please submit application to: 5011 U.S. Highway One
North.Palm Beach, FL 33408
Phone: (561) 841-3365
Fax: (561) 841-8242
Page 2 of 2
Property Detail
Parcel Control Number: 68434209010710020 Location Address: 712 US H01WAY 1 20
Owners: PAVILION OFFICE CENT ER
Mailing Address: ROSLYN PETERSON C/O 712 US HIGHWAY I STE 301-33,NORTH PALM BEACH
FL 33408 4525
Last Sale: DEC-1994 Book/Page#: 08561 /0776 Price: S1,000,000
Legal Description: YACHT CLUB ADDITION TO VILLAGEOF NORTH PALM BEACH ITS 2, 3 & S 80
FT OF ur 4 BLK 71
2012 Values (Current) 2012 Taxes
Improvement Value so Ad Valorem $88,224
Land Value so Non Ad Valorem 510,291
Total Market Value $4,000,000 Total Tax $98,515
Assessed Value $4,000,000 2012 Qualified Exemptions
Exemption Amount $0 No Details Found
Taxable Value $4,000,000 Applicants
.Ali values are as of�arwary I st each No Details Found
year
Building Footprint(Building 1) Subarea and Square Footage (Building
IX Sketch of 68434209010710020 Description Area Sq. Footage
Total Square Footage: 0
Total Area Under Air: 0
Extra Features
Descript+on tjrlit
PAVING-ASPHALT 33084
PATIO 640
WALL 102
Unit may rep esent the perimeter, square
foatage, hnea9 footage, WU(l nUP)be(or other
awasm ement
Structural Details (Building 1) Acres 1.34
MAP
No Dewtip6on %
OFFICE BLDG %
1. L/R 1-4S 48089
2. OFFICE LOBBY 0
3. OFFICE LOBBY 0
4. OFFICES 0
5. OFFICES 0
6. OFFICES 0
PARKING LEVEL at
7. 0
FLOORS
I& PARKING LEVEL 0
FLOORS
...........
GARY R. INIKOLITS,CFA PAtWM BEACH-COUN PROPERTY APPRAISER
www.pbc�gov.org/PAPA 2/21/2013
http://www.pbcgov.com/papa/Asps/PropertyD,etail/PropertyPrintNew.aspx?pvalue=y&p_e... 2/21/2013
a
David Cohen
712 US Highway One, Suite 301-35
North Palm Beach, FL 33408
561-512-3030
February 20, 20,13
RE: Narrative
Dear Jodi:
Prior to submitting my application for a Similar Use Occupational License to become a car dealer, I have
prepared a narrative for your review.
Narrative:
The nature of the business is going to be online marketing of automobiles via the internet. The vehicle(s)
that will be marketed from this Location will not be, parked, displayed, delivered or stored at this facility.
The sales of the vehicles will be generated through e-commerce websites.
There will not be any walk up business or the like.There will not be any flags, outdoor signs, directional
arrows, individuals with signs, etc.There will not be any outdoor dealer signage displayed on the road.
The only signage that will be displayed is on the marquee board within the building and on my office
door.
The online vehicle marketing will only take place between the hours of 9am-5pm, Monday through
Friday, during normal business hours. After the close of business, at 5pm, all marketing activities will
cease for that business day.
Sincerely,
David Cohen
" ' 2
David Cohen
From: Tisdale, Charmaine <CharmaineTisdale@flhsmv.gov>
Sent: Monday, January 28, 2013 8:41 AM
To: David Cohen
Subject: RE: answers
Mr. Cohen your site has been APPROVED, please advise when application is ready, signage and hours of operation
posted,
From: David Cohen [mailto:dc eventuscapitalinc con1]
Sent: Friday, January 18, 2013 12:37 PM
To: Tisdale, Charmaine
Subject: answers
Hi Charmaine, my answers are next to the questions in yellow.
Are they going to be able to put signage on their office door? Yes, I will be able to have signage on my office
door.
Are they going to be able to put signage on the designated display spaces? Yes, the name of the business will be
on the designated parking curb, either fully spelled out or abbreviated, depending on the length of the name.
Are they going to display the Dealership Name on a sign outside the building? The name will be displayed on the
marquee inside the building in the lobby, the marquee as you enter the 3rd floor and on my door into my office.
After the above questions have been answered we can revisit the possibility of licensing them at the location.
From: Tisdale, Charmaine [mailto:CharmaincTisdale(@flhs vWgov]
Sent: Thursday, January 17, 2013 4:34 PM
To: eeventuscapitalnc.corn
Subject: FW: pictures of location- past email
Mr. Cohen please forward YOUR reply to my Email address.
The Department of Highway Safety and Motor Vehicles is committed to Service,. Integrity, Courtesy, Professionalism,
Innovation and Excellence in all we do. Please let us know how we are doing via our online customer service survey at
https:l/www.research.net/s MLR91RCC.
From: Pedroso, Teresa
Seat: Wednesday, January 1.6, 2013 4:55 PM t
To: Tisdale, Charmaine
Subject: RE: pictures of location- last email as
O
Charmaine.
After reviewing the submitted pictures additional information is needed as follows:
• Are they going to be able to put signage on their office door?
1
v
Are they going to be able to put signage on the designated display spaces?
Are they going to display the Dealership Name on a sign outside the building?
After the above questions have been answered we can revisit the possibility of licensing them at the location.
Thank you.
Teresa C. Pedroo
Field Supervisor-Region 9
Motorist Services Support-South District
470 Columbia Drive, Building E -Suite 200
West Palm Beach, FL 33409
Phone: 561-640-6826
Fax: 561-640-6835
i Email: teresapedrosoCcrflhsmv.gov
Our Mission: Providing Highway Safety and Security through Excellence in Service, Education and Enforcement
From: Tisdale, Charmaine
Sent: Wednesday, January 16, 2013 4;46 PM
To: Pedroso, Teresa
Subject: FW: pictures of location_. last email
Additionai photos
Our Mission: Providing Highway Safety and Security through Excellence in Service, Education and Enforcement.
From: David Cohen mailto:dcOev_gntuscapitalinc,coml
Sent: Wednesday, January 16, 2013 12:12 PM
To: Tisdale, Charmaine
Subject: pictures of location- last email
Charmaine, here is the second and last email.
Regards,
David Cohen ,
President
Eventus Capital, Inc.
712 US Highway One, Suite 301-35
North Palm Beach, FL 33408
561-839-4464(Office)
561-512-3030 (Cell)
561-658-3238 (Fax)
www.eventuscapitalinc.com
...
This e-mail is covered by the Electronic Communications Privacy Act, 18 U,S.C. 2510-2521 and is legally privileged. The
contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named
in this message. This communication and all attachments, if any, are intended to be and to remain confidential. If you
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3
granting Special we it the Allme council MU IM
In Cnwrtyk;Hasa nt!e*1 a gYx to censure th&t the tIrQ1f�35eC1_u$e
LU is a ible wi h th es ltaractert oUhy
e1 r b o o d i n whi 'h it zo Wh e 1 cat
will[12t v an ad errs+e imv&t Mn ad' • and
3yi1l not interfere with the usq a rat,VMV
SMch onditions Wav_jncludg Legrjctjons.,Q0_thz.--sjM operatipe hour of
f conditi n i osed by the al use nermit arc not
coM=Jty deveto ment dir MV-0 e the t o t holder may
va 4iatr o£a s i' b El' a 1 rit%n to the
Ho ofAd. en tice gfrcMq;fiqA
gr&tign The provisions of this Ordinance shall burns and be made a part of the Code of
the Village of North Palm Beach,
&ectiaD.A. If any sectiorx,•paragraph,sentence,clause,,phrase or ward of this Ordinance is for
any reason held by a court of competent,jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the reninder of this Ordinance"
All Ordinances or parts of Ordinances or resolrutions, or pasts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
,ct Qn 6 This Ordinance shall take effect immediately upon adoption..
PLACED ON FIRST READING THIS M DAY OF QC YOBER 2007
PLAN ON SECOND,FINAL READING AND
,••""" PASS O NOVEM$ 2007.
itSeaV r
MAYO t
VrLLA V CLERX
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
J
V LLAGE ATTORNEY
ORDINANCE 2007-
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE 11,
aENERALLY," OF APPENDIX C, "ZONING," OF THE VILLAGE CODE
OF ORDINANCES TO CREATE A NEW SEC"T"ION 45-1.6.1 AND
ESTABLISH A PROCEDURE FOR THE APPROVAL OF SMLAR USES
THROUGH THE ISSUANCE OF A SPECIAL PERMIT, PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY PROVIDING FOR
CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council recognizes that it cannot list or anticipate all appropriate uses
for a Particular atoning district and wishes to provide for ar procedure whereby Village
Administration can evaluate and authorize uses similar to those uses specifically enumerated
within the'Village's zoning regulations and establish such uses through the issuance of a special
per and
WHEREAS, having considered the recommendation of the Planrdng Commission, the Village
Council detect dues that adoption of this ordinance bencfits the public health,safety and welfare.
NOW,THEREFORE, BE IT ORDAINED BY THIS VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH,FLOIUDA as follows=
Eection_11. The foregoing recitals are ratified and incorporated herein.
action 2. The Village Council hereby amends Article 11, "Generally," of Appendix C,
"Zoning," of the Village Code of Ordinances by enacting a new Section 45-16.1 to read as
follows(adds#uonR1 lap , agp is underl }:
S -36.1. Sind6r Uses
La) 31so,w' distrisa no s ecifa cal I y 11 god as
a permiqO mge.bw pgsmsing Sbgracteristics similar to it DgmLttal me.4 m1y, as
c9ablished MMn Wdtten application to the ggmmunjty,dqyelqjjmG%d"
311mial 1150 permit.
tin cvalv._ aging a,1 ,gpplication for a special or, permit for the
establishment f a jimilar use, w nn ll
cgjMWtatioi% with p1ber yilla departments. qjjMqt@&1c8 of t h
groposed use, ` cl in but t ljMftVd I% gize, intmft density opating
ho—unijemmda fbi Mblig facilitics,Imflic irn pA912 Mdjb-u9j89§s Radices
LjRgn review uati n Of the 00ficat-i9L mr11 it
de el mart o h i a1_t the la
councif lbr fugal galrsid as i h Wilablo coundUanda.
The village unc'! a duct a nublic ott e
agipligation for gpecial Rse.VcMit and det Ulan meet§the
miteria 4et &gh " 6 g. , 9 mlftyk. Dig villa 0411 Uut or fty
e a iudi2n btwritto ord
§45-30 NORTH PALM BEACH CODE
or more bedrooms,with the at th
provision 0
i $,##PRAS40,11 C-A commercial district.
for an uneven number of units, the frac-
tional space result produced by the appli- A. General description. This tourist-commer-
cation of such formula shall count as a full cial district is established to provide areas within
space;provided,however,that in multiple- which, the principal use of land 'is devoted to
family dwellings containing more than commercial establishments and tourist-oriented
thirty(30) dwelling units, for each dwell- trade. The intent is to reserve land which, be-
ing unit in excess of thirty(30) units and cause of particular location and natural features,
up to sixty (60) units, one (1) such space is adapted to local and tourist uses,and to encour-
shall be provided for each dwelling unit age the development of these locations for such
containing not more than two (2) bed- uses and in'such a manner as to minimize traffic
rooms, and for each dwelling unit in ex- hazards and interference-with other land uses.
cess of sixty (60) dwelling units, one and
B. Uses permitted. The f6llowing uses be per-
one-half (M) such spaces shall be pro- mitted in the C-Agonimercial district:
vided for each dwelling unit containing
not more than two (2) bedroom" s and two 1. Hotel, motels and time-share units,
and one-half(M) of such spaces shall be 2. Restaurants and cocktail ktail lounges where
p 'ded f1bi each dwelling.rovi. r unit contain- food and drink may be consumed on the
ing three'(3) or more bedrooms, with the premises only and whore eating and sere-
ion that f6r an uneven number of
p,rovis ing areas are entirely contained within
units, the fractional space result pro- the building or the premises otherwise
duced by th&-applicatioii of such fdrmula qualify under outdoor seating provisions
shall countas a full space. (.For example: of Appendix C—Zoning not including
Thirty(30) dwelling units containing two drive-in hamburger,ice cream,soft drink,
(2)bedrooms,each shall require sixty(60) or other drive-in and/or carry-out eating
ofd street parking spaces;sixty(60)dwell- 'establishments.
ing units containing two (2) bedrooms 8. Golf clubs and their accessory uses—such
each shall re wire ninety (90) off-street
as restaurant, bar-c.odktail lounges, driv-
,parking spaces; and ninety (90) dwelling ing ranges and golf equipment stores.
units containing two (2) bedrooms each 4. Financial institutions..
shall require one hundred thirty-five(135)
off-street WJ Professional offices, studios and clinics.
parking spaces.)
2. For churches, the same as for the R-2 .6. 11iivate clubs and lodges.
multiple-family dwelling district. 7. Veterinary establishments, provided that
3. For schools, the e same as for the R-2 mul- all animals shall be kept inside sound-
tiple-family dwelling district. proof and air conditioned buildings; pro-
vided there are no animal cemeteries used
F. Floor area regulations. in connection therewith.
Funeral homes; provided that no process
1. In multiple-family dwelling structures, 8. for the disposal of bodies is used in con-
room shall have a minimum floor dwelling unit having one (1) bed-oor area of nection therewith, including cremation.
seven hundred fifty(750) square feet. An 9. Churches and/or auditoriums.
additional one hundred fifty(150) square 10. Personal-service establishments, such as
feet of floor area shall be required for each barbershops, beauty shops,health salons.
additional bedroom provided.
(Ord. No. 10-73, §§ 5, 6,9-13-73;Ord. No. 13-74, § 11. Utility company offices.
Ord. No. 17-74, § 1) 12. Florist shops.
2488.2
APPENDIX C—ZONING § 45-31
13. Clothing stores, vial building shall be sixteen thousand
14. Stationery stores, book stores and/or art (16,000) square feet and have a width of
supply shops. not less than eighty(80)feet measured at
15. Pharmacies or apothecaries. the front and rear lot lines and at the
front building line.
16. Photographic studios and camera shops. 2. Maximum lot coverage. Main and acces-
17. Bakery shops, where products are sold at sory buildings shall cover no more than
retail only. thirty-five (35) percent of the total lot
IS. Sporting goods stores, area.
19. Personal gift shops. 3. Minimum lot coverage. No main and ac-
cessory buildings shall be constructed that
20. Jewelry stores. would occupy less than ten(10)percent of
21. Marinas and their accessory uses,such as the total lot area or two thousand (2,000)
wet boat storage facilities-, gasoline sup- square feet, whichever is greater.
plies, minor repair facilities that are inci-
dental to wet boat storage and do not
involve large boats and/or engine over- [1.] Front yards. All buildings facing U.S.
haul. [Highway No.] 1 shall set back from the
C. Conditions for permitted uses, right-of-way to provide a front yard of not
1. All activities(except restaurants that goal- less than seventy (70) feet. All buildings shall [be] set back from the rights-of-way
ify under outdoor seating provisions of of streets which intersect with U.S. [High-
Appendix C--Zoning, golf clubs, swim- way No.] I providing a yard of not less
ming pools and wet boat storage), sales than twenty-five (25) feet.
and storage of goods must be conducted
entirely within completely enclosed build- [2.1 Side yards.All buildings less than twenty-
ings with permanent nonmoving outside five(25)feet in height or two(2)stories in
walls, height shall [be] set back from side lot
2. No outside sidewalk or parking lot stor- lines so as to provide side yards of not less
age or display of merchandise will be than twenty (20) feet.
permitted. All buildings three (3) stories in height
3. No manufacturing, or production of prod- shall [be] set back from side lot lines so as
ucts for retail or wholesale will be permit- to provide side yards of not less than
ted except for bakeries and their related twenty-five (25) feet.
retail, sales items. All buildings four (4) stories in 'height
4. All new marinas and major improve- shall [be] set back from side lot lines so as
ments to existing marinas shall provide to provide side yards of not less than
sewage pump-out service to boats seven thirty(30) feet.
(7) meters (twenty-two and ninety-seven [3.] Rear yard. All buildings less than twenty-
hundredths(22.97)feet)in length or more. five(25)feet in height or two(2)stories in
D. Building height regulations, No building or height shall be set back from the rear lot
structure shall exceed four(4)stories or forty-four line so as to provide a rear yard of not less
(44) feet. Elevator towers and mechanical appa- than thirty(30) feet.
ratus are not restricted to the forty-four-foot limit. All buildings three (3) stories in height
E. Building site area regulations. shall [be] set back from the rear lot line so
1. Minimum building lot size. The raininium as-to-provide a-rear-yard-of not less than
lot of building site area for each commer- thirty-five (36) feet.
Supp. No. 18 2489