08-25-2011 VC WS-M MINUTES OF THE WORKSHOP SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
AUGUST 25, 2011
Present: Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
William L. Manuel, President Pro Tem
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
James Titcomb, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Aubrey called the meeting to order at 8:20 p.m. All members of Council were present.
All members of staff were present.
COMMERCIAL PLANNED UNIT DEVELOPMENT APPLICATION — OLD PORT COVE
SOUTH MARINA
Discussion was held concerning an application filed by Old Port Cove Holdings, Inc. and Old Port
Equities, Inc., property owners, for a Commercial Planned Unit Development (CPUD) to be
known as "Old Port Cove South Marina" on approximately 2.28 acres of real property located at
112 Lakeshore Drive and 116 Lakeshore Drive.
Collene Walter, Urban Design Kilday Studios, agent for the applicants, gave a presentation on the
proposed CPUD. Rob Rennebaum, Simmons &White, discussed the Shared Parking Study.
Mr. Rubin clarified that the Village is not changing the zoning of the property, but is considering
approving a planned unit development for two parcels—the Yacht Club parcel and the Marina parcel.
Mr. Rubin noted that although other zoning districts provide for shared parking, the C-1 zoning
district does not, which makes it necessary to establish a CPUD in order to have shared parking.
Mr. Rubin reviewed the Village's scope of authority pertaining to issues of use and access. Mr. Rubin
advised that restaurants are a permitted use within the C-1 zoning district; therefore, the Village
may not dictate whether the restaurant is public or private. Regarding access, Mr. Rubin
explained that Village review is limited to determining whether there is legal access to a project
or properties under development. Mr. Rubin reported that legal access in this case is provided by
a 1973 easement agreement between the Association and owners of the Yacht Club and Marina
parcels, which agreement grants the owners the right to use Lakeshore Drive. Mr. Rubin stated
the Village may not mandate the method of access.
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Minutes of Village Council Workshop Session held August 25,2011 Page 2 of 2
• Patricia Freidman, Chairperson of the Committee for Old Port Cove Property Owners Association,
reported on the Committee's discussions with Rick Morgan, Old Port Cove Holdings.
Additionally, Mrs. Friedman read a statement by Planning Commission member Donald Solodar.
Residents of Old Port Cove addressed the Council regarding the proposed CPUD.
Ms. Walter confirmed that the dining facility ("Club") would be open to members only.
Ms. Walter stated that by providing for a club, which requires registration and memberships,
security concerns could be addressed. Regarding shared parking, Ms. Walter stated the shared
parking agreement, which applies to Cove Plaza and the Yacht Club parcel would be recorded.
Ms. Walter noted that Old Port Cove Holdings has agreed to the conditions imposed by Village
Administration and the Planning Commission.
Mr. Rubin clarified the types of conditions the Village can impose, which are related to the
development plan, shared parking, and waivers. Regarding the conditions discussed by the Old
Port Cove Committee and Mr. Morgan, Mr. Rubin opined that those conditions are between the
Property Owners Association and Old Port Cove Holdings, and could only be included in the
development order subject to agreement by Old Port Cove Holdings.
Discussion took place concerning parking of boats and boat trailers in the marina parking lot,
which may be a violation of Village Code. Mr. Rubin stated that commercial property is subject
to all provisions of the Village Code applicable to commercial property. Mr. Rubin advised that
prohibiting the parking of trailers and boats on trailers could be a condition of the CPUD.
Discussion ensued on the use and primary purpose of the Boater's Building. Mr. Morgan
addressed the matter of club membership fees.
The issue of shared parking and offsite parking at Cove Plaza was discussed. A suggestion was
made and approved by Council consensus to have the parking study reviewed by the Village
Engineer. Mr. Rubin clarified that the purpose would be to have the Village Engineer review the
report to ensure it meets applicable standards. Mr. Rubin advised that the Village could make
the applicant responsible for the cost.
By consensus of Council, this item was moved forward to the 9/22/11 Regular Session agenda
for first reading of the proposed CPUD ordinance.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 10:43 p.m.
Melissa Teal, CMC, Village Clerk