06-26-2008 WS_Voluntary Annexation - 9249 Alt A1A (Live Oak Plaza)VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Jimmy Knight, Village Manager
BY: Chuck Huff, Community DevelopYnent Director
Jodi Nentwick, Village Planner
DATE: June 26, 2008
SUBJECT: WORKSHOP -Voluntary Annexation for 9249 Alternate AlA
In December 2007, the owner of the property located at 9249 Alternate AlA (aka Live Oak
Plaza) made application to voluntarily annex into the Village of North Palm Beach. The area is
located in our Village's Future Annexation Plan.
The property is located at the northwest corner of Richard Road and Alternate Al A. 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 2.75-acre site has an
existing commercial shopping center of approximately 27,250 square feet with multiple tenants,
restaurants and abar/tavern. The property was built in 1974 in accordance with the Palm Beach
County guidelines.
As part of the Voluntary Annexation, the property will require asmall-scale comprehensive plan
amendment and rezoning. The proposed land use category for the subject site is Commercial and
the proposed zoning designation is Commercial (C-2) in accordance with Section 45-34 of the
Village Code of Ordinances. The Voluntary Annexation and Small-Scale Comprehensive Plan
Amendment 08-1 are consistent with the provisions of the Village of North Palm Beach
Comprehensive Plan as prepared by Land Research Management Inc.
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.
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 the 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 opened
unti15:00 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 owner
of Foster's Pub was present and voiced concerns regarding the hours of operation to the
Commission. The Owner also asserted that the volume of Police Service calls at the shopping
plaza were not all attributed to Foster's Pub.
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.
Staff however, in looking at this property in its current state along with the abnormally high
Public Safety calls for service, whether attributed directly to Foster's Pub or not, would likely
create an unfavorable and cost prohibitive drain upon services of the Village. Economic
feasibility should be the established benchmark as to the practicality ofvoluntary annexations.
As indicated in the backup material (Live Oak Plaza Economic Analysis Data) the total yeazly
revenue to the Village for this property would be $20,279.00, hazdly an economic windfall for
the Village! It is however 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.
I asked your Village Attorney, Len Rubin to weigh in on the municipality's authority as it relates
to voluntary annexation, he cites:
The procedure for voluntary annexations is mandated by Florida Statute.
The Attorney General recently issued an opinion on a municipality's authority to review a voluntary
annexation petition. The Attorney General conduded that the governing kmdy of a municipality has the
discretion to grant or deny an application for voluntary annexation. In exercising this discretion, a municipality
may consider the statutory prerequisites for annexation and the character of the area to be annexed as
guidance. The Attorney General specifically stated that a determination of whether annexed property
would provide a "net benefit" to the municipality would be In line with the municipality's obligation to
ensure sound urban development and accommodation to growth.
Based on the foregoing, the ~Ilage may weigh the financial (and other) benefits of the annexation against the
associated costs and potential detriment to the Village.
RECOMMENDATION:
The Village Administration recommends Council consideration and approval,
moving forward to the next regular Council session based on the (Administration)
recommendation that the subject property located at 9249 Alternate AlA, to include
all current and future tenants, be required to comply with all Village Code of
Ordinances upon 180 days of the voluntary annexation.
• •~
MEMORANDUM
Chief Steve Canfield
Duector of Public Safety
(561) 848-2525 . FAX (561) 881-1141
E-MAIL: scanfield @village-npb.org
The Village of North Palm Beach
DEPARTMENT OF PUBLIC SAFETY
560 U. S. Highway # 1
North Palm Beach, Florida 33408
DATE: January 30, 2008
TO: Jimmy Knight, Village Manager
FROM: Chief Steve Canfield, Director of Public Safety
RE: Foster's Pub
After our last meeting on January 23, 2008, in reference to the possible annexation of 9339
Alternate AlA, I had our Crime Analyst complete a more substantial report concerning activity
at Foster's Pub. The data used was provided by the Palm Beach County Sheriff s Office and was
from years 2006 and 2007.
From the analytical report that I received, the following information is of importance:
• There were a total of 167 calls that were related to the pub.
• Of these calls, 131 occurred on Fridays, Saturdays, Sundays and Mondays. (Mondays
call volume is high due to anything occumng after midnight Sunday, would be counted
towards Monday)
• 145 calls were between the hours of 6:00 p.m. and 5:00 a.m.
I also pulled the Fire Rescue data for the year 2007. This report showed that there were a total of
15 responses to the address location of 9339 Alternate AlA. Of these calls, 7 were medical, 2
were for vehicle accidents and 6 were Fire alarms. Because this data was less significant, I did
complete a further analysis of it.
Based on my review of the police data, I offer the following recommendations, if the Village
plans to annex the noted property. These recommendations are based on the effect this
annexation will have on police services, both to the new area and the current Village residents
and businesses and on the impact that it will have on our current low Uniform Crime Report
statistics.
1. The Fosters Pub will be required to close for business no later than 2:00 a.m. as is
consistent with Village Ordinances.
2. On Fridays, Saturdays and Sundays, Foster's Pub will hire two off duty North
Palm Beach Police Officers to work a special detail between 6:00 p.m. and 2:00
a.m. Hiring two officers, instead of just one, is based on the fact that many of the
reported calls will require at least two officers due to safety reasons.
3. If crime data or calls for service show a need, the detail hours will be expanded or
reduced.
4. In the event that Foster's Pub holds a special event or if holidays or other
activities occur on days that normally do not require a detail, extra hours or extra
days will be added to the off duty detail requirement.
5. Fosters Pub will ensure that it conforms to all state and local laws and ordinances
and will not allow any activities by its patrons. or employees that violate such
regulations.
6. Fosters Pub will authorize the Public Safety Department to act as their agents
related to enforcing loitering, trespassing and other nuisance crimes. In the event
that a Police Officer believes that a person should leave the premises or be warned
against trespassing, management will cooperate with this request and sign the
necessary documents.
As your Director of Public Safety, I am concerned about the impact that this proposed
annexation will have on the Village of North Palm Beach. As with any potential projects, there
are issues that need to be worked out. If the Village chooses to move forward with this proposal,
I will continue to look for solutions that will lessen any negative concerns and will certainly
monitor any problems that may occur along the way.
I have attached three pages of charts and data that may help clarify the information that I have
reported. Please let me know if you need anything further concerning this issue.
cc: Jodi Nentwick
2
POSTER'S PUB
Suspicious Person 4 6 10
Disturbance 8 10 18
Drunk Pedestrian 1 5 6
Suspicious Incident 2 6 8
Unwanted Guest 2 2 4
Alarm 7 1 8
Domestic Trouble 4 2 6
Assist Other Department 2 4 6
Need Road Patrol Sergeant 0 1 1
Burglary Business 0 1 1
Suspicious Vehicle 0 1 1
Civil Matters 4 4 8
Lost/ Found 0 1 1
Fight 4 3 7
Trespassing 1 3 4
Vandalism 0 1 1
Subject Down/ Sick 1 1 2
Assault 14 9 23
Beverage Violation 1 2 3
Robbery 0 1 1
Accident 1 1 2
Business/ Residential 4 5 9
Vehicle Stop 3 1 4
Verbal Threats 0 2 2
Fraud/ Embezzlement 0 1 1
Larceny 3 4 7
ConducU Investigation 1 3 4
Stolen Car 0 1 1
Misdemeanor 1 0 1
Service Call 4 2 6
Burglary Vehicle 2 2 4
Mentally ILL 0 1 1
Welfare Check 1 0 1
Shots Fired 1 0 1
Mobile Eyes 1 0 1
Rape 1 0 1
Abandon 2 0 2
TOTAL 80 87 167
POSTER'S PUB
HOUR BREAKDOWN INCIDENTS
0 4
1 11
2 22
3 35
4 33
5 13
6 3
7 2
8 2
9 1
10 3
11 1
12 2
13 2
14 1
15 2
16 1
17 2
18 5
19 4
20 3
21 2
22 4
23 9
TOTAL: 767
~'
BREAKDOWN
0-2 37
3-5 81
6-8 7
9-11 5
12-14 5
15-17 5
18-20 12
21-23 15
SIX-HOUR SPAN BREAKDOWN
0-5 118
6-11 12
12-17 10
18-23 27
DAY OF WEEK BREAKDOWN
MONDAY 20
TUESDAY 11
WEDNESDAY 12
THURSDAY 13
FRIDAY 34
SATURDAY 39
SUNDAY 38
'IT SHOULD BE NOTED THAT
POSTER'S PUBIS OPEN
UNTILL EARLY MORNING
HOURS, THEREFORE ANY
INCIDENT REPORTED AFTER
12:00 PM ON ANY GIVEN DAY
WILL BE CLASSIFIED AS
OCCURING ON THE
FOLLOWING DAY, HENCE THE
HIGH NUMBER OF INCIDENTS
ON MONDAYS.
POSTER'S PUB
THREE-HOUR SPAN BREAKDOWN
SIX-HOUR SPAN BREAKDOWN
DAY OF WEEK BREAKDOWN
^ 0-2
^ 3-5
^ 6-8
^ 9-1 1
^ 12-14
^ 15-17
^ 18-20
^ 21-23
^ 0-5
^ 0-11
^ 12-17
^ 1 OV-23
Date Prepared: May 23, 2008
Meeting Date: June 3, 2008
Planning Commission
BACKGROUND:
The site is located at the northwest 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 Stop and Killer Tomato outdoor produce stand. The
2.75-acre site has an existing commercial shopping center of approximately 27,250
square feet with multiple retail tenants, restaurants and a baz/tavern. The subject site was
built in 1974 in accordance with the Palm Beach County guidelines and has a County CG
zoning designation and a County CH/5 land use classification.
In 1996, the property located on the southwest corner of Alternate AlA and Northlake
Boulevard (Ed Morse Chevrolet) was annexed into the Village (a/k/a Southwest
Neighborhood).
In 2004, the two pazcels, 9225 Alternate AlA (U-Haul) and 9275 Alternate AlA
(Mercedes Dealership) located north of Ed Morse Chevrolet were voluntazily annexed
into the Village.
On November 30, 2007, the property owner submitted applications to the Village for
voluntary annexation, small-scale comprehensive plan (land use) amendment, and
rezoning.
LAND USE & ZONING
The proposed land use category for the subject site is Commercial (C) and the proposed
zoning designation is Commercial (C-2) in accordance with Section 45-34 of the Village
Code of Ordinances. The Voluntary Annexation and Small-Scale Comprehensive Plan
Amendment 08-1 are consistent with the provisions of the Village of North Palm Beach
Comprehensive Plan as prepared by Land Research Management Inc.
SITE DETAILS
Site Access
The subject site can be accessed from a double driveway on Alternate AlA and a double
driveway on Richard Road.
Landscapine
The property consists of an existing Ixora hedge along Alternate AlA and Richard Road;
eight mature Oak tress along Alternate AlA; four mature Oak trees along Richazd Road;
and twenty-four Sable Palm trees in the interior parking isles.
Revised 5-29-208 ]
Date Prepared: May 23, 2008
Meeting Date: June 3, 2008
Planning Commission
Site Lighting
The subject site has existing pole lighting in the parking lot area.
Drainage
The site has existing drainage located on site (Attachment 1).
SiQnaQe
The site has two pole signs located on Alternate AlA and one pole sign located on
Richard Road which currently has no sign face. The tenants currently have wall signs
and window signage.
Dumpster Enclosures
The site has approximately three dumpsters that are partially enclosed and/or have no
enclosure.
Parkin
The site has an existing pazking lot of approximately one hundred and five (105) parking
spaces and (6) six handicapped spaces.
STAFF RECOMMENDATION
Planning & Zoning
I. 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.
2. The existing business owners will be required to obtain a "Business Tax Receipt"
from the Village upon final approval of the applications. Any new business
owners will comply with the list of permitted uses set forth in Section 45-34 of
the Village Code of Ordinances.
3. The property owner to consider removing all pole signs, wall signage, and
window signage to comply with Village Ordinances within (1) year.
4. The property owner and business owners must comply with the requirements of
Chapter 3 (Alcoholic Beverages) of the Village Code of Ordinances upon
annexation into the Village.
5. Replace any dead and/or missing landscaping hedge material with the same
material along Alternate AlA and Richard Road.
Revised 5-29-208 2
Date Prepared: May 23, 2008
Meeting Date: June 3, 2008
Planning Commission
6. Install required screening for all dumpsters (Planning Commission approval
required) upon final approval of the applications.
Public Safety
1. The recommendations based on a memorandum dated January 30, 2008 from
Chief Steve Canfield, Director of Public Safety (Attachment 2).
Fire Department
1. Provide fire truck access throughout the site.
Palm Beach County
1. The requirements based on a letter dated March 21, 2008 from Lorenzo Aghemo,
Planning Director for Palm Beach County (Attachment 3).
Revised 5-29-208 3
LIVE OAK PLAZA
ECONOMIC ANALYSIS DATA
Ad-Valorem Tax Revenue
2007 Values
Fisca107-08 Millage
Ad-Valorem
Property Values for Ad Valorem -VILLAGE
Prooertv Values for Ad Valorem -LIVE OAK PLAZA
$2, 028, 911, 987
$2,914,567
6.1 $12,376,363
3.78 $11,017
72,387,380
Property Values for Ad Valorem -LIVE OAK PLAZA
Taxlncrease
increase
Property Values for Ad Valorem -VILLAGE incl LIVE OAK PLAZA
Revenue increase -VILLAGE
increase from PALM BEACH COUNTY
Business Tax Receipt Revenue
Based on Fiscal 07-08 Village Fee Schedule (approx. 13 businesses)
$2,500
Q~[ro6~ ~1®~~ w®4 uvo~Da~~ar a~wb ®~~Pa~4fi®~a~0 ~®~4 ff®P @9u0Va~~~ G~~~®a~PUa~~~f~®~Baa~, f~uP~, ~~m~u~~~, ~®~~ ~®~w~mVuai~o~~ ~~m~ ~®oumi FnMa,~a~p
TOTAL YEARLY REVENUE $20,279_
$2,914,567 6.1 $17,779
$6,762
61%
$2,031,826,554 6.1 $12,394,142
$17,779
0.14%
Revised 6116!2008