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HomeMy WebLinkAbout06-26-2008 VC WS-M• • • Present: ROLL CALL MINUTES OF THE WORKSHOP SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 26, 2008 William Manuel, Mayor David B. Norris, Vice Mayor Edward M. Eissey, Ph.D. Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Mayor Manuel called the meeting to order at 8:00 p.m. All members of Council were present, except Vice Mayor Norris, who was out of town. All members of staff were present. VOLUNTARY ANNEXATION — 9249 ALTERNATE A1A (LIVE OAK PLAZA) Discussion took place concerning an application from the owner of property located at 9249 Alternate Al A for voluntary annexation into the Village of North Palm Beach. Mr. Knight advised that the property is located in the Village's future annexation area and would require a small-scale comprehensive plan amendment and rezoning. Mr. Knight noted the Public Safety Department is concemed about the number of police and fire rescue calls generated by the property. Mr. Knight reported that total yearly revenue to the Village from this property would be $20,279 including ad valorem and business tax receipts. Vice Mayor Norris disclosed that he represents the owners of Foster's Pub, a tenant in Live Oak Plaza Attorney Gary Brandenburg, representing the property owner, discussed the annexation application. Mr. Brandenburg noted that annexation gives North Palm Beach control in this area, which will be an entryway into North Palm Beach when Congress Avenue is extended. Mr. Brandenburg advised that the property owner could apply to Palm Beach County for zoning changes. Mr. Brandenburg briefly discussed future annexation areas. Mr. Brandenburg reported that a zoning variance was granted by the North Palm Beach Zoning Board of Adjustment for property on the east side of Alternate A1A, which will be used for employee parking. Mr. Brandenburg expressed the intent of the property owners to landscape this parcel and their willingness to add additional landscaping to the Alternate AlA medians from Richard Road to Northlake Boulevard. Minutes of Village Council Workshop Session held June 26, 2008 Page 2 of 3 • • It was noted that operating hours for North Palm Beach establishments that serve alcohol are 7:00 a.m. to 2:00 a.m. Regarding operating hours of Foster's Pub, presently open until 5:00 a.m., Mr. Brandenburg suggested a "sunset" provision, whereby the pub would be allowed to keep its current hours during a trial period, followed by Village review of the issue. Mr. Brandenburg also suggested off -duty officers could be required. Mr. Brandenburg advised that the property owner is desirous of annexing into the Village regardless of whether any accommodation is reached with Foster's Pub on operating hours. Mr. Brandenburg noted that the Village's 2:00 a.m. closing time will apply to Foster's Pub as the lease specifies that tenants must comply with all local laws. Village Attorney Len Rubin advised that North Palm Beach has no obligation to accommodate the tenant who, by law, must comply with all code requirements. Discussion took place conceming staff recommendation to move forward with annexation and to require that tenants comply with all Village ordinances upon 180 days of the annexation. Mr. Rubin noted that businesses are subject to the laws of the Village immediately upon adoption of the ordinance. Mr. Rubin opined that if Council wishes to make any accommodation to address these issues it be included in the annexation ordinance. Mr. Rubin recommended that Council also address the proposal for upgraded landscaping in the annexation ordinance. Village Planning Consultant Jim Fleischman of Land Research Management, Inc. reviewed the future annexation area, which extends west over the railroad tracks to Palm Beach Gardens corporate limits. Mr. Fleischmann advised that the Village does not have a specific annexation plan, but has allowed individual property owners to request annexation, with the Village deciding whether to approve annexation at the time the application is made. Mr. Fleischmann reported that the Village has been contacted by property owners on the west side of the railroad tracks who are interested in annexing into North Palm Beach. Brief discussion was held concerning Congress Avenue. Mr. Fleischmann recommended that Council look positively at annexing this parcel. Discussion took place concerning permitted uses in the C-2 Commercial Zoning District. Mr. Brandenburg reported that a deed restriction has been drafted that would permanently restrict the property from having adult entertainment. Mr. Rubin advised the deed restriction provides that, unless released by the Village, there would not be an adult entertainment establishment at that location, and the Village has right of enforcement. Mr. Brandenburg reported a five-year time frame for redevelopment of the 9249 Alternate Al A parcel, and pointed out that while current uses on this site produce about $20,000 per year, the new Mercedes Benz dealership (under construction to the south of this parcel) will produce three to four times that amount. Mr. Rubin discussed the distinction between zoning code issues of non-conformance and police power ordinances. Mr. Brandenburg advised that if North Palm Beach does not choose to proceed with annexation at this time, his client will move forward with a zoning petition to Palm Beach County, and the Village will lose the opportunity to annex this parcel, as there will be no reason for the property owner to annex into North Palm Beach. Minutes of Village Council Workshop Session held June 26, 2008 Page 3 of 3 • • Mrs. Foster addressed the Council concerning Foster's Pub. Mrs. Foster stated that Foster's Pub is a neighborhood bar that is open from 7:00 a.m. to 5:00 a.m. Regarding the number of police and fire rescue calls, Mrs. Foster compared her incidences book to Palm Beach County Sheriff's Office records, and disputed the number and type of calls. Public Safety Director Steve Canfield reported that, based on Sheriff's office records, there were 220 calls to 9339 Alternate A1A (Foster's Pub) from 2006 — 2007. Chief Canfield advised that after analyzing call data, it was felt that 167 of the calls could be related to Foster's Pub. Chief Canfield noted that many of the calls would require response by more than one officer. Council consensus was to move this item forward to an upcoming Regular Session agenda, pending preparation of the annexation ordinance, which is to include stipulations regarding landscaping. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:08 p.m. /f -4". Melissa Teal, CMC, Village Clerk