09-11-2008 2nd Reading of 2008-10 Voluntary Annexation of 9249 Alternate A1A - Live Oak PlazaVILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Jimmy Knight, Village Man
BY: Chuck Huff, Community Development Director
Jodi Nentwick, Village Planner
DATE: September 11, 2008
SUBJECT: ORDINANCE -2nd Reading of the Voluntary Annexation for 9249 Alternate
AIA (Live Oak Plaza)
In December 2007, the owner of the property located at 9249 Alternate AIA (aka Live Oak
Plaza) made application to voluntarily annex into the Village of North Palm Beach as described
in (Exhibit "A'). The property is located in our Village's Future Annexation Plan and would
require a small -scale comprehensive plan amendment and rezoning.
The property is located at the southwest corner of Richard Road and Alternate AIA. East of the
property is the FEC Railroad; south of the property is the new Mercedes Dealership; and north of
the property is Kwik Shop and Killer Tomato outdoor produce stand. The 2.62 -acre site has an
existing commercial shopping center of approximately 27,250 square feet with multiple tenants,
restaurants and a bar /tavern. The property was built in 1974 in accordance with the Palm Beach
County guidelines.
The property owner has volunteered to file a deed restriction not allowing any "Adult
Entertainment Establishments" as permitted in Section 45 -34 of the Village Code of Ordinances.
(Exhibit "B')
Former Public Safety Director, Chief Steve Canfield expressed his concerns regarding the
potential impacts in maintaining the Village's Public Safety level of service by annexing Live
Oak Plaza. These concerns are based on number of police and fire rescue calls generated by
Foster's Pub, one of the (13) thirteen tenants of the shopping center. Currently Foster's Pub is
open until 5:00 A.M. (Hours of operation would be outside the current Village Code of
Ordinances)
On June 3, 2008 the Planning Commission held a Public Hearing on this annexation. The
Planning Commission voted unanimously to approve the application as submitted based on the
following recommendations; that Village Council negotiate the hours of operation for Foster's
Pub with the property owner and that all business owners come into compliance within one year
for all existing signage.
At the June 26, 2008 Council Workshop Meeting, the Public Safety Department expressed
concerns regarding the number of police and fire rescue calls generated by the property. The
staff also expressed concerns the yearly revenue of $20,279.00 would not be economically
feasible at this time; however it is believed that if this property were to be brought into
compliance with the current and prevailing Village Code of Ordinances it could be mutually
advantageous and should be embraced. The Council consensus was to move this item forward to
Regular Session agenda, pending preparation of the annexation ordinance, which is to include
stipulations regarding landscaping.
The Village Attorney with the assistance of Gary Brandenburg (applicant's owner agent) has
voluntarily agreed to certain limitations on the use of the Property and to the imposition of
conditions relating to annexation as outlined in the annexation ordinance.
The attached ordinance has been reviewed / prepared by your Village Attorney for legal
sufficiency.
On August 28, 2008 the I" reading of this Ordinance was read and approved 4/0 with Vice
Mayor David Norris abstaining.
There is one change or amendment to the Ordinance reflecting that the property owner is
obligated to maintain all landscaping shown on the landscape plan to include the medians on
Alternate AIA.
Recommendation:
The Administration requests Council consideration and approval of the 2 "d reading
of the ordinance for Voluntary Annexation for 9249 Alternate AIA (Live Oak
Plaza) in accordance with Village Policies.
I ORDINANCE NO. 2008-10
2
3 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
4 NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 2.62
5 ACRES OF REAL PROPERTY KNOWN AS LIVE OAK PLAZA LOCATED
6 ON THE WEST SIDE OF ALTERNATE AIA SOUTH OF RICHARD ROAD
7 AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT
8 THE VOLUNTARY ANNEXATION OF THIS PROPERTY MEETS ALL
9 LEGAL CRITERIA; PROVIDING FOR CONDITIONS OF ANNEXATION;
10 DIRECTING VILLAGE ADMINISTRATION TO DO ALL THINGS
11 NECESSARY TO EFFECTUATE SAID ANNEXATION; PROVIDING FOR
12 CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the Village Council for the Village of North Palm Beach has received a
16 request from Live Oak Plaza LLC ( "Property Owner "), the owner of the real property more
17 particularly described in Exhibit "A" ( "Property"), requesting that the Property be annexed into
18 the Village; and
19
20 WHEREAS, the Village Council determines that the annexation meets the criteria for
21 voluntary annexation set forth in Section 171.044, Florida Statutes, in that the Property is
22 currently located within unincorporated Palm Beach County, is contiguous to the Village, is
23 reasonably compact, and the annexation of the Property will not result in the creation of
24 enclaves; and
25
26 WHEREAS, the annexation is consistent with the Village's Comprehensive Plan and is
27 located within the Village's Future Annexation Area; and
28
29 WHEREAS, the Property Owner has voluntarily agreed to certain limitations on the use
30 of the Property and to the imposition of conditions relating to such annexation; and
31
32 WHEREAS, the Village Council has determined that the annexation of the Property into
33 the Village is in the best interests of the public health, safety and welfare.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
36 OF NORTH PALM BEACH, FLORIDA as follows:
37
38 Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are
39 incorporated herein.
40
41 Section 2. The Village Council hereby approves the Property Owner's request for voluntary
42 annexation and in accordance with Section 171.044, Florida Statutes, hereby annexes into the
43 Village the 2.62 acres of real property known as "Live Oak Plaza" and more particularly
44 described in Exhibit "A" attached hereto and incorporated herein by reference.
45
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I Section 3. The annexation of the Property is subject to the conditions set forth in this section.
2 A violation of any such condition shall be considered a violation of the Village Code and may be
3 enforced in the same manner as other Village Codes, including, but not limited to, the initiation
4 of code enforcement proceedings in accordance with Section 2, Article VI (Code Enforcement
5 Board). All conditions set forth herein shall be binding on the Property Owner and its successors
6 or assigns.
7
8 A. Unless otherwise set forth herein, in accordance with Section 171.062(1), Florida
9 Statutes, the Property shall, immediately upon annexation, be subject to all laws,
10 ordinances and regulations in force within the Village, including, but not limited to, the
11 provisions of Chapter 3, "Alcoholic Beverages," and Chapter 17, "Taxation," of the
12 Village Code.
13
14 B. Within five (5) days of the effective date of this Ordinance, the Property Owner
15 shall record in the public records of Palm Beach County, Florida, the Declaration of
16 Restrictive Covenant as set forth in Exhibit `B" attached hereto and incorporated herein.
17
18 C. Within ninety (90) days of the effective date of this Ordinance, the Property
19 Owner shall remove the non - conforming pole signs, with the exception of the existing
20 plaza/tenant identification sign. Within one hundred and eighty (180) days of the
21 effective date of this Ordinance, the Property Owner shall submit a Master Signage Plan
22 for the Property for review and consideration by the Village. Within one (1) year of the
23 effective date of this Ordinance, the Property Owner shall bring the Property into
24 compliance with all requirements of Article V (Signs and Outdoor Displays) of Chapter 6
25 of the Village Code and conform to the approved Master Signage Plan.
26
27 D. Within one hundred and eighty (180) days of the effective date of this Ordinance,
28 the Property Owner shall seek and obtain all necessary permits and approvals and ensure
29 that all dumpsters located on the Property are properly screened as required by Section
30 27 -41 of the Village Code.
31
32 E. Within one hundred and eight (180) days of the effective date of this Ordinance,
33 the Property Owner shall install the landscaping within the Alternate AIA median and
34 along the Alternate AIA frontage from the south property line to Richard Road in
35 accordance with the Landscape Planting Plan for Oak Plaza/Altemate At prepared by
36 Howard Ostrout Jr., and Associates dated July 8, 2008 and consisting of two pages
37 ( "Landscape Plan"), which is incorporated herein by reference. In connection with the
38 implementation of the Landscape Plan, the Property Owner shall install irrigation lines
39 within the median. The landscaping adjacent to the parking lot on the east side of
40 Alternate At shall be installed prior to the issuance of a Certificate of Completion for
41 the parking lot. Property Owner shall maintain all landscaping and irrigation lines
42 installed pursuant to this paragraph in perpetuity.
43
44 F. Within thirty (30) days of the effective date of this Ordinance, the Property Owner
45 shall replace all dead and missing landscape hedge material along Alternate AIA and
46 Richard Road, unless otherwise shown in the Landscape Plan.
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G. All new businesses located on the Property shall conform to all applicable
requirements of the Village Zoning Code as set forth in Chapter 45. To the extent not
addressed herein, all existing conditions not in compliance with Appendix C (Chapter 45),
"Zoning," of the Village Code shall be treated as nonconformities and shall be subject to
the provisions of Article VII (Nonconforming Uses of Lands and Structures).
Section 4. The Village Council hereby directs Village Administration to: (1) file a copy of
this Ordinance with the Clerk of the Circuit Court, the Chief Administrative Officer of Palm
Beach County, and the Secretary of State; (2) amend the legal description set forth in the Village
Charter and all official Village maps to include the Property; and (3) take all other actions
necessary to effectuate the annexation of the Property into the Village.
Section 5. All ordinances or parts of ordinances of the Village of North Palm Beach, Florida,
which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict.
Section 6. If any section, paragraph, sentence, clause, phrase, or word 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 remainder of the Ordinance.
Section 7. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 28th DAY OF AUGUST, 2008
PLACED ON SECOND, FINAL READING AND PASSED THIS DAY OF
, 2008.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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TO Er Im,