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12-09-1996 VC SP-MAMENDED PUBLIC HEARING AND SPECIAL JOINT MEETING OF THE NORTH PALM BEACH VILLAGE COUNCIL AND THE LAKE PARK TOWN COMMISSION MONDAY, DECEMBER 9, 1996 NORTH PALM BEACH, FLORIDA 7:30 P.M. Present: V. A. Marks, M. D., Mayor, North Palm Beach Tom Valente, Vice Mayor, North Palm Beach Larry Kelley, President Pro Tem, North Palm Beach Gail Vastola, Councilman, North Palm Beach Charles O'Meilia, Councilman John Butterly, Vice Mayor Lake Park Ken P. Roetz, Commissioner, Lake Park Paul Castro, Commissioner, Lake Park Priscilla Vandegrift, Lake Park ROLL CALL Chairman Marks called the Public Hearing and Special Joint Meeting to order at 7:30 p.m. All members of the joint Council and Commission were present. Staff present were Village Manager Dennis Kelly, • Village Attorney George Baldwin, NPB Public Services Director Tom Hogarth, Town Attorney Tim Monaghan, and Village Clerk Kathleen Kelly. Town Manager Terry Leary arrived at 7:35 p.m., and Mayor Wagner and Community Development Director Dick Hudson arrived at 7:38 p.m. PUBLIC HEARING There were no comments to be heard from the Public. APPROVAL OF MINUTES Councilman Valente moved that the Minutes of the previous Special Joint Meeting held July 24, 1996 be approved as written. Commissioner Roetz seconded the motion, and all present voted aye. STAFF AND DEVELOPER PRESENTATIONS Sam Cantor, Attorney forthe developers, Twin City Investors, addressed the Council/Commission regarding his request for approval to Iccate a service station in the C-3 Zoning District. Mr. Cantor stated that when the plan was originally submitted, a spot was designated for a gas station on Northlake Blvd., but was told by the staff that they had no objection to it, but that it would be premature to bring it forward to the Planning Commission prior to actually having a tenant on line. Mr. Cantor distributed a letter from Bob Basehart, Planner with Basehart & Cottrell, Inc., who was absent due to illness, giving his assessment of the proposed service station and requesting approval of the amendment to the P.U.D. to allow the service station as a permitted use. Mr. Cantor further stated that he had been assured full cooperation at the time a tenant was chosen. Based on that assurance, Mr. Cantor said the additional provisions were made so . that they could have the gas station. Warren Sands of Gastion, Inc., 11698 S. W. 152nd Street, Miami, displayed renderings of the proposed • gas station, and explained the company's concept. Mr. Sand described the service station as a clean bright store, oriented to moving people in and out, with no service, but including an associated use of a car wash. Mr. Sands told the Council/Commission that the Gastion Company does not go to highly commercial sites, but instead prefers to locate in smaller up-scale communities, and that they would be the owner-operator. Mr. Cantor also reported that the asbestos abatement is almost complete at the site, and that demolition has begun, with completion of the abatement process to be in early February. REVIEW OF INTERLOCAL AGREEMENT AND P.U.D. ORDINANCE Town Attorney Tim Monaghan reviewed pertinent sections of the approved P.U.D. Application Review Procedures, as adopted by the joint CounciVCommission previously. Mr. Monaghan highlighted Sections 6 and 12, explaining that if a majority vote consistent with the decision made at the joint Council/Commission Is not obtained, the Council/Commission must table the matter until a new joint Council/Commission meeting is held. Mr. Monaghan further explained that this rule of procedure is being implemented at this particular meeting. Village Attorney George Baldwin addressed the CounciUCommission, stating that, in order for a service station to go in, provisions of the Code of Ordinances of the Village of North Palm Beach would require an ordinance amending the distance between service stations from 1,000 feet to 500 feet. A second ordinance is required to amend the C-3 Regional Business District to establish in the PUD section an allowable use of a service station which includes a convenience store. Additionally, an ordinance has been prepared to amend the PUD, which at the time of its creation, did not contain the right to a service station. Mr. Baldwin stated that both municipalities have held first readings on these related ordinances, but second readings were tabled in order to comply with Section 12 of the procedures. DISCUSSION OF PUD AMENDMENT During discussion, questions were asked by members of the joint Commission/Council, including clarification that a majority vote of the constituted quorum (majority of the majority) is required at the joint Council/Commission, and when it comes back to the separate municipalities in ordinance form, the Village Charter requires three affirmative votes. Discussion also included status of the Winn-Dixie lease agreement, which Mr. Cantor explained would not be final until a decision is made regarding another major tenant. Further, clarification was made that the term "full service" gas station does not mean automotive repairs and maintenance, but refers to attended service whereby a customer does not have to pump the gas himself, and includes ancillary uses of convenience store and car wash. Also included in discussion was the opinion of Village Attorney that amending the PUD to allow the additional use of a service station does not set precedence whereby all future applications must be granted. STATEMENTS FROM THE PUBLIC Attorney Dennis Koehler, on behalf of Martin Steinhardt, owner of the service station being built across the street from the proposed Amoco site, spoke to the Council/ Commission. Mr. Koehler stated that the developer has not met his burden of proof of showing how adding a gas station intended for local use as a permitted use within the C-3 Regional Business District is going to enhance public health, safety and welfare. Mr Koehler stated further that if the files are reviewed, it is clear that the developer has initiated the request for the PUD ordinance changes. Mr. Koehler said that in August, he pointed out to the Lake Park Commissioners that if in fact it is the developer that is making the request, the burden of proof is on • that developer, when seeking amendments to the ordinance,, to show that the existing C-3 regulations unduly constrain desirable re-use of the site. Mr. Koehler informed the Council/Commission that he had been told by Town Attorney Tim Monaghan that it really wasn't the developer making the request, but was the government initiating it, and therefore that strict burden of proof really didn't apply. Mr. Koehler's Minutes of Joint Council/Commission Meeting • held Monday, December 9, 1996 contention is that the proposed amendment originates from the developer, and that is clear from Mr. Cantor's own correspondence in the files, and that the burden is on the developer to show that the existing regulations unduly constrain re-use. Mr. Koehler added that in the memorandum submitted tonight by Mr. Basehart, he makes a series of conclusions, but does not offer any facts to support those conclusions. According to Mr. Koehler, neighborhood service use is incompatible with the regional business use, and gas stations do not attract people, rather, they service people. Mr. Koehler concluded by saying that the developer and his consultants have misstated what the legal test is, and the public interest will not be served by allowing the service station as a permitted use in the C-3 Regional Business District. Mr. Monaghan responded to Mr. Koehler by saying that Mr. Koehler misunderstood Mr. Monaghan's position on these matters. Mr. Monaghan stated that there is a list of additional land uses, not permitted as a matter of right in a zoning district, but which are permitted in response to a special request, as a part of a PUD. Additionally, there is a section that allows a waiver of existing regulations in ordinances if it is determined that those regulations unduly constrain development or redevelopment of the site. If the Town or the Village chose not to waive the regulations but instead chose to amend the list of additional land uses, it would not be required to meet the burden of proof for the waiver but would simply require chat the normal burden of proof for ordinances be met. APPROVAL OF P.U.D. AMENDMENT BY LAKE PARK COMMISSION Vice Mayor Butterly moved to approve the request to allow a service station as a permitted use within the • C-3 Regional Business District. Commissioner Roetz seconded the motion, which passed 5-0. APPROVAL OF P.U.D. AMENDMENT BY NORTH PALM BEACH VILLAGE COUNCIL Councilman O'Meilia moved to approve the request to allow a service station as a permitted use within the C-3 Regional Business District. President Pro Tem Kelley seconded the motion. The motion passed 3-2, with Councilman O'Meilia, President Pro Tem Kelley and Mayor Marks voting aye, and Councilman Vastola and Vice Mayor Valente voting nay. ADJOURNMENT There being no further business to come before the joint Council/Commission, the meeting adjourned at 8:30 p.m. ~~ K thleen F. Kelly, CMC, Village Clerk