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HomeMy WebLinkAboutMinutes P&Z 061201CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION June 12, 2001 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Vice Chair Craig Kunkle at 6:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ANNOUNCEMENTS Growth Management Director Charles Wu announced that the joint design guidelines workshop was scheduled prior to the June 21 City Council meeting from 6 to 7 p.m. CITY COUNCIL LIAISON There were no items by the City Council Liaison. GROWTH MANAGEMENT REPORT Growth Management Director Charles Wu reported that the City Council had approved the Frenchman's Reserve Pod "A ", and the Frenchman's Reserve entry and signage, at their June 7 meeting, both of which had been approved by Planning and Zoning at their May 22 meeting. The City Council had also approved the Marriott Hotel sign waiver at their June 7 meeting, which Planning and Zoning had approved April 24. The final BallenIsles parcel, 21, which was approved by Planning and Zoning on May 8, had also been approved by City Council on June 7. Mr. Wu announced that Chair Solomon, Mr. Glidden, and Mr. Ansay would be absent tonight, and that agenda items 6 and 7 would not be heard tonight, therefore the Land Development Regulations Committee would not be convened. APPROVAL OF MINUTES Mr. Present made a motion to approve the minutes of the May 8, 2001 meeting as submitted. Mr. Volante seconded the motion, which carried by unanimous 6 -0 vote. Mr. Present made a motion to approve the minutes of the May 22, 2001 meeting as submitted. Mr. Charming seconded the motion, which carried by unanimous 6 -0 vote. Vice Chair Kunkle indicated he liked the addition of the cover page for each petition; Mr. Wu reported credit should be given to John Lindgren. r • • Planning & Zoning Commission Minutes June 12, 2001 ROLL CALL Betty Laur, Secretary for the meeting, called the roll for the Local Planning Agency and the Planning and Zoning Commission: Present Craig Kunkle, Jr., Vice Chairman Barry Present, Chairman Pro Tern Joel Channing Steven Tarr Alternate Ernest Volonte Alternate David Kendall - arrived at 6:37 p.m Absent Dennis Solomon, Chairman John Glidden Dick Ansay Also present were Growth Management Director Charles Wu, Senior Planners Ed Tombari and Talal Benothman, City Attorney Len Rubin, Principal Planners Karen Carver and Steve Cramer, and Planners John Lindgren and Kara Irwin. LOCAL PLANNING AGENCY Public Hearing /Recommendation to City Council Petition L U- 01 -02: Parcel 12.04 Small Scale Land Use - Banyan Tree East Kenneth A. Blair, agent for Catalfumo Construction & Development, Inc., is proposing a small -scale land use map amendment to the City's Comprehensive Plan. The amendment would change the future land -use designation of a 5.21 -acre parcel from Mixed Use to Commercial. The subject parcel, known as Parcel 12.04, is located at the northeast corner of Northlake Boulevard and MacArthur Boulevard. and Public Hearing/Recommendation to City Council Petition LU- 01 -01: Parcel 12.05 Small Scale Land Use - Banyan Tree West Kenneth A. Blair, agent for Catalfumo Construction & Development, Inc., is proposing a small -scale land use map amendment to the City's Comprehensive Plan. The amendment would change the future land -use designation of a 7.23 -acre parcel from Mixed Use to Commercial. The subject parcel, known as Parcel 12.05, is located at the northwest corner of Northlake Boulevard and MacArthur Boulevard. Planner John Lindgren reviewed the staff report for both petitions, and indicated that intensity would be reduced for both parcels. Regarding parcel 12.04, Mr. Tarr indicated from the chart showing different uses that if the building were 4 stories the base footprint would be 192,904 square feet, but the entire site ,a . Planning & Zoning Commission Minutes June 12, 2001 was only 226,000 square feet and there would be no room left for parking. Mr. Lindgren responded that the Comprehensive Plan did not account for parking. Mr. Tarr commented then this scenario could not exist and comparing trips made no sense. Mr. Wu explained that a level of service analysis was required by Florida Statutes and that subsequently if the land use change were approved then zoning items would be considered such as whether it met parking, etc., which was different than this required academic exercise. Mr. Tarr commented that a reduction in traffic being shown as a result of this land use change was not the case and the Board and the public were being misled. City Attorney Rubin commented that land use was a different function than zoning and at this time the functional capacity of the property could not be considered, but focus must be only on maximum to maximum. The City Attorney noted that the present PDA zoning was a hold mechanism until the applicable land use was set. Mr. Channing asked if there was an objective way to determine the practical maximum use. The City Attorney advised that going by the maximums to compare apples to apples was the best that could be done under the City's code and the LDR's. Mr. Tarr requested where to find that information, to which Mr. Lindgren responded it was in the Comprehensive Plan and he would provide a copy, but that the percentages of a percentage could not exceed 100 %. City Attorney Rubin indicated the information could be found in F.S. 163 under Land Use Planning and Mr. Tarr would be provided with a copy. Mr. Tarr questioned how these three uses had been picked, to which Mr. Lindgren responded that the applicant picked the most intense uses available to prove his case. Mr. Tarr commented a proper calculation would show more traffic generated than the analysis showed, and he felt the Board was being mislead. City Attorney • Rubin responded that land use was a compatibility issue and Mr. Tarr was mixing in zoning criteria. Mr. Wu indicated this was a small scale amendment and following this public hearing a recommendation would be made, City Council would approve on first reading and second reading, and transmittal to Treasure Coast Regional Council and DCA would be made as a formality advising that a small scale amendment had been made to both parcels. Vice Chair Kunkle asked if staff could review the methodology. Mr. Channing commented he was not sure Mr. Tarr was right since these parcels would probably be developed as commercial, but if done as mixed use it would be logical to place the other uses upstairs, however, no one would build 4 stories that covered most of the site, so as a practical matter the amount of parking would be figured so that the lot coverage would be much smaller. Mr. Channing indicated that the two proper models were one that was 1 -story commercial and the other commercial on one floor with office space and residential above, and he would not characterize it as misleading until a practical analysis including counting parking had been done. Ken Blair, agent for the petitioner, explained that this was an academic exercise and the applicant had worked with staff on the calculations. Vice Chair Kunkle declared the public hearing open for Petition LU- 01 -02, Parcel 12.04, and LU- 01 -01, Parcel 12.05. Dee Sabers, President of Sun Terrace at Lake Catherine Homeowners Association indicated they had no objection to the change in use but were concerned with the safety and lifestyle of their community since it appeared now that there would be a single use, and how it would impact their community. Ms. Sabers questioned the end use and what the applicant would provide in the form of a wall between their community, security lighting, vermin control if there was food service, the impact on the banyan tree, how the look would be changed, and impact to the already heavy traffic. Ms. Sabers 9 3 Planning & Zoning Commission Minutes • June 12, 2001 indicated that one of the greatest concerns was traffic, and asked the Board to consider their concerns before giving the applicant carte blanche on this site, and to direct the applicant to work with them, and that they be notified when anything on this project was to be discussed. City Attorney Rubin noted the concerns were all valid but those were site plan concerns, and encouraged the representatives to come to the site plan presentations. Vice Chair Kunkle confirmed with staff that the residents would be notified. Mr. Wu commented staff would be glad to facilitate a meeting between the area residents and the developer and advised the applicant to follow the banyan tree overlay and Northlake Boulevard zoning in progress to protect the residents. Mr. Blair indicated the developer had previously met with the residents and would continue to do so. Hearing no further comments from the public, Vice Chair Kunkle declared the public hearing closed. Mr. Tarr commented it appeared the applicant actually intended to build a small retail center and self - storage facility on parcel 12.04 and asked why retail had been considered in the proposed land use. Mr. Lindgren explained that if the use was not permitted it would have to be added during the PUD process and approved by Planning and Zoning and the City Council. The City Attorney explained that land use designation was a broad category with specific zoning categories within each land use designation, and specific uses would be looked at within the PUD process and would be a part of the zoning petition. Mr. Charming made a motion to recommend to City Council approval of Petition LU- 01 -02, Parcel • 12.04. Mr. Present seconded the motion. During discussion of the motion, Mr. Tarr asked if you added two pieces of the same designation of land to calculate trips generated from that property if it mattered where the land was within the City. Mr. Lindgren responded location did not come into play until looking for concurrency purposes to see if the roads in that area could accommodate the traffic. The City Attorney advised that right now only maximum trips from the various land use designations were being considered. Mr. Tarr gave an example of two different projects and asked how one could generate so many more trips with the same use, to which Mr. Lindgren responded there was peobably more internal capture because there were more uses in that project. Mr. Tarr indicated there was only one use. Vice Chair Kunkle commented this question had arisen earlier that day and asked Mr. Wu if that had been answered. Mr. Wu responded staff did not have the answer but the City's traffic consultant had reviewed all the reports and had approved them. Mr. Kunkle commented this did not interpolate well and the consultant would have to be trusted. Mr. Tarr pointed out discrepancies between two projects in the amount of traffic generated. Principal Planner Carver explained that ten separate buildings would each generate a certain number of trips but if those ten were combined into one building the amount generated would not be 10 x 10. Mr. Channing commented that the bigger the building the less trips were generated and that they were not proportional. Motion carried 5 -1 with Mr. Tarr opposed. Mr. Tarr indicated he was not against the land use change but believed the process to be flawed and wanted justification. Mr. Charming requested an answer to Mr. Tarr's inquiry at the next meeting. • Planning & Zoning Commission Minutes June 12, 2001 Mr. Volante made a motion to recommend to City Council approval of Petition LU- 01 -01, Parcel 12.05. Mr. Channing seconded the motion. During discussion of the motion, Mr. Tarr indicated his comments were the same as for Parcel 12.04. Motion carried 5 -1 with Mr. Tarr opposed for the reasons previously stated. City Attorney Rubin commented this was very confusing and reminded the members that staff was fully available and they should call with questions before the meetings. It was noted that an upcoming orientation session should help with the process discussed tonight. Workshop Petition LU- 01 -01: Gardens Station Small Scale FLUAmendment Henry Skokowski, of Urban Design Studio and as agent for NorthCorp Development Inc., is proposing a small -scale land use map amendment to the City's Comprehensive Plan. The amendment would change the future land use designation of a 7.6 acre parcel from Mixed Use (MXD) to Professional Office (PO). The subject parcel, known as Gardens Station, is located approximately 215 feet from the intersection of RCA Drive and NorthCorp Parkway, on the eastern side of RCA Drive. • Planner Kara Irwin reviewed the staff report. In response to Mr. Tarr's question of why 4 floors were not used in these calculations as in the previous petition, Ms. Irwin explained she had chosen to be more realistic. Mr. Tarr indicated that not being consistent was not fair to the Board and gave this petition a better analysis. Mr. Channing commented staff should not be subjective. The City Attorney commented the calculations should be consistent and use the same standard. Mr. Tarr commented Ms. Irwin's way showed a more feasible project and he would research the statutes. Henry Skokowski, agent for the petitioner, commented he and the owner had also struggled with the calculations, that they had been done for a realistic development, that the petitioner had gone through the calculations a couple of times with staff to get something the State would accept, and because of the property's secondary location the best use was professional office. Mr. Skokowski advised that the amount of parking needed would depend on the business activity of the user. Mr. Tarr indicated that doing the math, the building could not be higher than two stories. Mr. Skokowski indicated there was no desire for more than two stories in this case, but any project could request more stories under a PUD application, and approval was at the discretion of the City Council. Mr. Skokowski commented the petitioner had to follow the maximum use under the methodology. Mr. Tarr indicated the analysis was flawed when the Commission was told there would be a reduction in traffic but in reality traffic could increase. Recommendation to City Council Petition MISC- 01 -14: FPL Utili , Facility Waiver Marty Minor, of Urban Design Studio and as agent for Florida Power and Light, is requesting a • 5 Planning & Zoning Commission Minutes June 12, 2001 waiver from Policy 1.1.5.1.(a).2 of the City's Future Land Use Element, which requires parcels of land located west of the Urban Growth Boundary to be developed as a Planned Unit Development (PUD) or Planned Community District (PCD) and must be at least 250 acres in size. Parcels existing prior to February 1998 may petition the City Council to waive the size threshold requirement. The subject parcel consists of approximately 9.3 acres located on the north side of PGA Boulevard, abutting the east side of C -I8 Canal, immediately west of the Mirasol PCD and north of the PGA National PCD. Growth Management Director Charles Wu explained that the action required today was to consider waiving the requirement in the Comprehensive Plan that any property considered for development which was located west of the urban growth boundary line must be at least 250 acres in size; and noted that this waiver was possible for parcels established before February 1998. Mr. Wu explained that today's action was not to consider whether an FPL substation should be located on this parcel, that the issue of whether FPL belonged on the site would be heard at a subsequent hearing, and that a waiver was required before rezoning of the parcel could take place. Senior Planner Talal Benothman reviewed the staff report and advised that the Commission only needed to consider whether this parcel was eligible for a waiver. The City Attorney clarified that this was two part inquiry, and that there was sufficient evidence to conclude this was a separate parcel as early as 1996, but the Commission also needed to consider whether having an FPL substation on this site met the policy not to have urban sprawl. The • City Attorney commented that the whole purpose of a substation was to serve already approved development. Mr. Charming made a motion to recommend approval to City Council of Petition MISC- 01 -14. Mr. Volante seconded the motion which carried by unanimous 6 -0 vote. PLANNING AND ZONING COMMISSION Vice Chair Kunkle noted that Mr. Kendall had arrived shortly the meeting convened. Recommendation to City Council Petition SP- 01 -12: Mirasol Parcel 8 Anne Booth, of Urban Design Studio and as agent for Taylor Woodrow Communities, Inc., is requesting site plan approval for 35 custom single-family dwelling units in Parcel 8 of the Mirasol Planned Community District, with a proposed density of 3.08 dwelling units per acre. The 16.5 acre site is located on the western edge of Mirasol, approximately one mile northwest of the intersection of Jog Road and PGA Boulevard. Senior Planner Edward Tombari reviewed the staff report and indicated staff supported the requested waivers, which were consistent with those granted for other pods in Mirasol. Mr. Tombari advised that 0 6 Planning & Zoning Commission Minutes June 12, 2001 this petition had not required a workshop since it was not complex. The City Attorney advised that if the Board found a petition to be complex it could be delayed to the next meeting. Mr. Tarr noted there had been no site plan attached to the staff report. Mr. Tombari commented that a site plan should have been attached, produced a drawing, and explained that because this was a cul -de -sac of less than 80 lots a 5' sidewalk was required on only one side of the road. Anne Booth, agent for the petitioner, indicated that this pod contained custom single family home sites, described the lots and the location of the proposed sidewalk, and noted the waivers were the same requested and approved for the previous petitions. Mr. Present made a motion to recommend to City Council approval of Petition SP- 01 -02, Mirasol Parcel S. Mr. Volonte seconded the motion, which carried by unanimous 6 -0 vote. Recommendation to City Council Petition MISC- 00 -23: PGA National Office Center Sidewalk Waiver Henry Skokowski, of Urban Design Studio and as agent forE. Llwyd Ecclestone, Jr., is requesting approval of a waiver from Section 256 of the City's LDR's that requires sidewalks to be located on both sides of roadways. The requested waiver is to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center. The 10.1 -acre site is on the west side of Avenue of Champions, approximately 114 mile south of PGA Boulevard. Planner John Lindgren reviewed the staff report, and explained that staff opposed removal of the sidewalk and recommended denial of the request. Comments faxed from Mr. John Glidden indicated he would like the sidewalk to remain to retain connectivity with the headquarters building and PGA Boulevard. Mr. Tarr indicated he was against placing a sidewalk where he believed it was not needed Mr. Tarr noted a letter from the PGA Homeowners Association was referred to in the staff report as indicating that pedestrian movement near the roundabout would be dangerous, but he only read the contrary in that letter —that they did not want the sidewalk there and there was no reason for it. Also, Mr. Tarr commented that the staff report indicated the Police Department opposed the sidewalk, while in reality they had made one statement indicating they wanted it to be consistent with City requirements, and the City Engineer had recommended denial with no clarification or reasoning. Mr. Tarr commented that in Mr. Glidden's fax he read that Mr. Glidden wanted connectivity but did not read that he wanted that particular sidewalk. Mr. Tarr indicated the inferences were that everyone wanted the sidewalk, but when the comments were dissected no one had really provided a reason to have a sidewalk there other than it being in the LDR's. Mr. Lindgren explained staff's recommendation was based on having sidewalks on both sides all the way to PGA Boulevard so that pedestrians did not have to cross the street, and that the new office building had triggered this requirement. Mr. Tarr indicated he was in favor of the applicant's proposal. Hank Skokowski, agent for the petitioner, reviewed the history of the project and indicated that many PGA National residents were not in favor of the sidewalk, which would not • 7 • Planning & Zoning Commission Minutes June 12, 2001 really serve any purpose and for which there was no demand; and there were currently no problems and no safety issues. Mr. Skokowski indicated PGA National was concerned because the sidewalk would be immediately next to the roadway. Existing sidewalks were clarified and Mr. Skokowski distributed photographs. Mr. Phil Lidden, 51 Cayman Place, PGA National, commented he was a member of the Board of Governors and President of the POA, and indicated that this situation had been reviewed extensively by the Architectural Review Committee and the Board of Governors. Mr. Lidden noted that in a 2 -week survey only four people had crossed the road, and there was no reason for installing a sidewalk. Mr. Lidden explained that an irrigation force main and other irrigation lines and electrical lines were in place at the location where the sidewalk was proposed, and stated that the Board of Governors was against it. Siro DeGasperis. former President of the POA of PGA National, expressed concern that there was a storm sewer catch basin in the path of the proposed sidewalk, and expressed his opinion that this sidewalk would not be a benefit. Vice Chair Kunkle questioned Mr. Tarr regarding whether he thought this would be a safe suggestion since he found traffic in the roundabout to be aggressive and did not know if a pedestrian crossing should be encouraged there. Mr. Tarr agreed, but indicated he would rather see a crossing inside in the development by the guard gate rather than along PGA Boulevard, and there was already connectivity to PGA Boulevard. Mr. Lindgren noted the crosswalk was to serve the people from the office building to cross over for lunch, etc., and staff had no problem with the crosswalk but did not want the crosswalk in lieu of sidewalks. Mr. Skokowski indicated he and Mr. Lindgren had walked the site and he had determined that the median area provided • safe harbor when crossing the street. Mr. Wu summarized the issues on behalf of the Growth Management Department, commented that the missing sidewalk was the missing piece of the puzzle and that granting the request would set precedent. Mr. Tarr indicated he agreed other than that this was a 20 -year old project and the amount of people who had walked that area for the past 19 years was next to nothing. Mr. Tarr expressed his opinion that the residents should have a strong say, and his belief that this was an unnecessary project. Mr. Present commented he normally supported the staff position, but in this case the proposed sidewalk was senseless and it appeared the alternative presented by Mr. Skokowski made sense. Mr. Present made a motion to recommend to City Council approval of Petition MISC- 00 -23. Mr. Tarr seconded the motion Motion carried 4 -2 with Mr. Channing and Mr. Kendall opposed. Workshop Petition CU- 00 -03: Temple Beth David Larry Winkler, agentforNorthern Palm Beach County Jewish Community Center, Inc., is requesting Conditional Use Amendment (CU) approval for Temple Beth David. The 5.0 -acre site contains an 8,308 square foot facility. The applicant proposes to increase the square footage by 21.787 square feet. The proposed building is 1,991 square feet smaller than what was previously approved by the City Council in July 1997. The site is located on the north side of Hood Road, halfway between Military trail and Central Boulevard. (36-4]S-42E) • 8 Planning & Zoning Commission Minutes June 12, 2001 Planner Kara Irwin presented the staff report. Outstanding issues were the landscape and maintenance of 120' of median on Hood Road, revision of the number of parking spaces, and revision of the site plan, drainage plan, and landscape plan per staff comments. Architect Larry Winkler, agent for the applicant, addressed the cross parking agreement with the adjacent church. Vice Chair Kunkle noted this site would stand alone on its parking requirements and that overflow had precipitated the agreement. The lanes in the shared access were discussed. Mr. Winkler indicated there were two lanes in and a bypass lane, and the eastern driveway was only one way. Mr. Winkler explained that the median had been completed. Mr. Winkler produced a photo of the model of the project. Mr. Channing complimented Mr. Winkler on the elevations, and requested additional landscaping near the building masses. Mr. Winkler agreed to develop more landscaping and to address the remaining issues by the next meeting. In response to Mr. Tarr's question regarding building trim, Mr. Channing indicated this was a different style /concept and a sculptural design. Mr. Winkler noted he would bring the model to the next meeting. Recommendation to City Council Petition SP- 01 -08: Frenchman's Reserve Pod "D" Jennifer Morton, of Land Design South and as agent for Toll Brothers Communities, Inc., is requesting site plan approval for 77 semi - custom zero lot line dwelling units in Pod "D" of the Frenchman's Reserve Planned Community District, with a proposed density of 2.94 units per acre. • The 26.21 -acre is bounded by the Hood Road extension to the north, Frenchman's Reserve clubhouse to the south, and golf course to the east and west. (41- 34S -42E) and Recommendation to City Council Petition SP- 01 -06: Frenchman's Reserve Pod "F" Jennifer Morton, of Land Design South and as agent for Toll Brothers Communities, Inc., is requesting site plan approval for 80 custom single family dwelling units in Pod "F" of the Frenchman's Reserve Planned Community District, with a proposed density of 2.35 units per acre. The 33.92 -acre is bounded by golf course to the north and west, Cabana Colony residential community in unincorporated Palm Beach County to the south, and Frenchman's Forest County Reserve to the east. (41- 34S -42E) Senior Planner Edward Tombari reviewed the staff report, and noted the requested waivers and conditions were consistent with prior approved pods in Frenchman's Reserve. Mr. Channing made a motion to recommend to City Council approval of Petition SP -01 -08 for Frenchman's Reserve Pod "D ". Mr. Volante seconded the motion, which carried by unanimous 6 -0 vote. Mr. Channing made a motion to recommend to City Council approval of Petition SP -01 -06 for Frenchman's Reserve Pod "F ". Mr. Volante seconded the motion, which carried by unanimous • 9 Planning & Zoning Commission Minutes June 12, 2001 6 -0 vote. Workshop Petition PUD- 01 -03: Christ Fellowship Amendment to PUD Joe Ryan, of Christ Fellowship Church, is requesting a PUD amendment to allow for the elimination of certain conditions of approval regarding operational procedures and activities on site. Christ Fellowship Church Planned Unit Development (a.k.a. North Campus) is located on the north side of Northlake Boulevard, approximately 1-112 miles west of Military Trail. (14- 42S -42E) Senior Planner Ed Tombari reviewed the staff report and explained that the applicant wished to amend the original conditions to allow various activities on site. Alan Ciklin, representing the petitioner, explained that the motivation for the conditions the applicant would like changed had been because of things that were unknown, and now that the church had been in operation for a year they believed some of these conditions to be unnecessary. Mr. Ciklin commented the shuttle bus reduced traffic and increased safety, that the number of events per year were limited but if an event was not religious the church would need a special permit from the City, the church had received requests to hold small outdoor weddings and would like permission for the pastor to use a small microphone, requested additional portable seats to be used when the allowed 1750 seats were filled so the people would not have to stand, and requested permission to broadcast the sermon in the main sanctuary to the smaller sanctuary. Mr. Ciklin noted all the requests were for religious activities, the church had been a good neighbor, none of the other religious institutions in the City were under these types of conditions, and the church felt it had earned the right to have these conditions relaxed. Discussion ensued. Mr. Ciklin noted Trinity Methodist regularly used portable seating, that the request was for six events per year, and people's ability to worship should not be limited. Mr. Tarr questioned whether concessions were given for these conditions. Mr. Ciklin responded the church agreed to these conditions in the approval process to be able to prove they could operate as a good neighbor at this location. Mr. Present commented the shuttle was a good idea, and simulcasting would cut down on traffic. Mr. Volante indicated he did not see the need for busses if sermons were simulcast, to which Mr. Ciklin responded the shuttle provided safety and convenience so parents did not have to worry about leaving their services on the main campus and driving across the street to pick up their children. It was clarified that traffic on Northlake was required not to be stopped longer than 90 seconds at a time. Mr. Channing commented the shuttle bus was a plus, that the City did not allow noise over a certain decibel level and that should govern the loudspeaker, and he did not understand why the overflow seating or simulcasting were prohibited; but the applicant should not come back to request additional seats or more special events. Mr. Charming questioned the status in regard to religious litigation, which Mr. Ciklin indicated was proceeding through the process and the church hoped for a reasonable outcome. Mr. Ciklin indicated the litigation would not be brought up if the church did not get everything they were requesting; but that the church just wanted to see what came out of the process, and commented staff had been very cooperative. The City Attorney commented the City was trying to work this out and balance all interests but no conclusion had been reached. Mr. Ciklin commented the church met all code requirements for considerably more than • 10 • Planning & Zoning Commission Minutes June 12, 2001 1,750 seats; however, was not asking to increase the number of fixed seats. Growth Management Director Wu indicated the Board's decision needed to be based on code and the data presented in the analysis provided. OLD BUSINESS There was no old business to come before the Commission NEW BUSINESS There was no new business to come before the Commission 11 Planning & Zoning Commission Minutes June 12, 2001 ADJOURNMENT There being no further business, the meeting was adjourned at 9:44 p.m. The next regular meeting will be held June 26, 2001. APPROVED: Dennis Craig Kunkle, Jr., Dice Chair Barry Present, Cha' IPro Tern Dick Ansa Alternate Mest Volonte O Alternate David Kendall 46� '��4� - Betty L ur, Secr ary for the Meeting -0 12