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HomeMy WebLinkAboutMinutes Council 072005CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING July 20, 2005 The July 20, 2005 Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:04 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the Pledge of Allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. PUBLIC HEARINGS: Part I – Quasi - judicial – Mayor Russo announced the procedures to be followed in tonight's quasi-judicial hearings. The City Clerk swore in all persons intending to offer testimony in any of tonight's cases. It was announced that a representative of Christ Fellowship Church and Attorney Baird had agreed to holding one public hearing for all petitions. Mayor Russo called for ex -parte communications. Councilmember Barnett disclosed she had spoken to Don Hearing and Doug Rudy regarding plans for the church, Tom Baird regarding timing of the instances, and members of the Northlake Corridor Association about their grievances. Councilmember Levy reported he had spoken with Don Hearing and Doug Rudy and had taken a tour of Christ Fellowship to see the location of the new buildings and where the parking lot and youth changes would be, and looked at existing buildings and the sound problems. Councilmember Levy reported he had also spoken to Keith Paulus, Don Paulus, Joan Elias, Joan Atwater, and John Atwater at the Northlake Neighborhood Coalition and to John McDonald representing Hunt Club. He discussed dealing with right turn lanes, traffic, noise, and buffers. Councilmember Valeche reported he had discussed the site plan with Don Hearing, Doug Rudy, and Pastor Mullins. Councilmember Valeche reported he met with various members of the Northlake Coalition at the home of Matilda Lanier last Thursday. He had spoken with Doug Rudy another 2 -3 times regarding meeting dates. Vice Mayor Jablin reported meeting in the past with Don Hearing, Doug Rudy, Pastor Mullins, and members of the Northlake Coalition —Jeff Ronbaum, Joan Altwater, Keith Paulus, Don Paulus, and others, about the project. Mayor Russo reported he met approximately 3 months ago with Don Hearing, Doug Rudy, and Pastor Mullins and saw the basic plan and advised them to work with the neighborhoods and talk to surrounding communities and neighborhoods throughout the city so that when it came before the council it would be with a compromised position. Mayor Russo also stated he had met with members of the Northlake Coalition and with Mr. McDonald and discussed issues, concerns and meeting dates. Mayor Russo also reported he had spoken to many residents that he did not remember, but not in any detail, and stated any decisions would be made on what was presented at this hearing. The City Attorney introduced Attorney Nancy Stroud, representing the Growth Management Department. The City Attorney clarified that the two ordinances on the agenda were presented for first reading; the two resolutions were for discussion; and no voting would take place tonight on the resolutions. Ordinance 18, 2005 - (I't Reading) Approval of an amendment to the Christ Fellowship CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 2 North Campus Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of approximately 20 acres, located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, from Residential Low Density -3 (RL3) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Low Density -3 (RL3), to be included in the Christ Fellowship North Campus Planned Unit Development (PUD); amending Ordinance 20, 1997 and Ordinance 23, 1999 relating to the zoning for the Christ Fellowship North Campus Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 83, 2005; amending the zoning district map; and providing an effective date. [Resolution 83, 2005 is a companion item to Ordinance 18, 2005 and will require Council action on second reading:] Resolution 83, 2005 - Approval of a master development plan for the Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus Planned Unit Development (PUD), located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to incorporate an additional 20 acres and to allow the development of a 159,180- square -foot expansion to the North Campus; granting conditional use approval for the expanded Christ Fellowship Campus; amending certain conditions of approval for the North Campus; providing for waivers; providing for conditions of approval; and providing an effective date. Ordinance 19, 2005 — (1St Reading) Approval of an amendment to the Conditional Use approval for the Christ Fellowship South Campus. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990, Ordinance 34, 1999, and Ordinance 51, 1999 relating to the zoning for the Christ Fellowship South Campus to transfer the conditional use approval and related conditions to Resolution 84, 2005; and providing an effective date. [Resolution 84, 2005 is a companion item to Ordinance 19, 2005 and will require Council action on second reading:] Resolution 84, 2005 - Approval of an amendment to the Site Plan approval for the Christ Fellowship South Campus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship South Campus conditional use and site plan approval, located on the South side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to allow for the deletion of a condition of approval; and providing an effective date. The City Clerk read Ordinance 18, 2005, on first reading by title only, and Ordinance 19, 2005 on first reading by title only. Mayor Russo declared the public hearing open. It was confirmed for Attorney Tom Baird, representing the Northlake Neighborhood Coalition, that testimony would also be taken at the second public hearing; therefore, two of their experts who could not be present tonight could be heard. Donaldson Hearing introduced others present on behalf of the applicant. Mr. Hearing presented the proposed project and described changes that had been made to address concerns of nearby residents. Traffic Engineer for the project, Joe Pollock, presented traffic information. Senior Planner Michael Sanchez presented the staff report. Mayor Russo announced that 2,417 e -mails had been received regarding this project, and had been entered into the record by the City Clerk. Attorney Tom Baird, representing the Northlake Neighborhood Coalition, Inc., stated he was appearing both CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 3 as an attorney and a land use planner, and his opinions would not be exclusively attorney argument. Attorney Baird discussed land uses and offered an opinion that this project was a DRI, which could prohibit expansion. Traffic Engineer John Donaldson addressed traffic at the intersection of Military Trail and Northlake Boulevard. Jim Happ, BallenIsles, expressed support for Christ Fellowship. Richard Cullifer, Jupiter resident and property owner in Palm Beach Gardens, expressed support for Christ Fellowship. Mayor Russo read comments by Paul Aleskovsky, Hunt Club Lane, requesting denial of the project. Bill Jurney, Cypress Hollow, supported the church but not the impact of the project on the community. Don Paulus expressed the position of the PGA National Board of Governors, urging denial of the expansion. Bernard Sommers, BallenIsles, representing Community and Government Relations Committee appointed by the BICA Board, stated no members of the committee or any members of the board that he had spoken to were in favor of the expansion. Mayor Russo read comments from Alesia Bellak and Mitchell Bellak, against the expansion. Sid Dinerstein, BallenIsles, favored the expansion. Bernie Elias, Diamondhead Way, was against the traffic that would be generated and asked the City Council to make a decision. Michelle Wall, Cypress Hollow, was in favor of the expansion. Brad Seidensticker, until recently treasurer of PGA CAN, commented CAN's opposition to the expansion was not really representative of the PGA community. Lynann Isham supported Christ Fellowship. Scott Mustapick, Hunt Club resident, expressed both his and his wife's support for the church. Bruce Prevost, resident of Horseshoe Acres, expressed support for Christ Fellowship. Steve Maione, Hidden Hollow resident, supported the expansion. Mark Murnan, PGA National resident, supported the expansion. Donald Miller, Palm Beach Gardens resident, supported the expansion. Mayor Russo read comments: John Terry, Hunt Club Lane, supported the Northlake Neighborhood Coalition; Joe Martin, Square Lake, asked for help with the traffic problem. Mayor Russo advised he was entering into the record comments by Adam Balfour, Square Lake, which were quite lengthy. Deborah O'Meilia, Hunt Club resident, stated she was neither in support or opposed because she did not understand all the impacts, but asked that there be certain restrictions. Joan Elias, Diamondhead Way, clarified that she was not against the church activities but supported the decision made a few years ago. Sharon Widger, resident of Palm Beach Gardens, expressed support for the expansion. Keith Paulus, Hunt Club Lane, indicated that the Northlake Neighborhood Coalition supported the church activities but did not believe it belonged in the middle of residential neighborhoods, and entered a document into the records. Amir Kanel expressed concerns of the Steeplechase Board of Directors regarding this project, and requested the project be downsized. Joan Altwater, Cypress Hollow Drive, member of Northlake Neighborhood Coalition, expressed opposition to the project as proposed. John Glidden, PGA National resident, indicated he was impressed with the church's proposed solutions to problems, and urged approval of this project. Councilmember Barnett questioned a resident who had spoken as to whether he was a proponent of the Tech Village plan on Vavrus. The resident stated he did not know about that plan. Vice Mayor Jablin questioned traffic engineer John Donaldson as to whether Scripps traffic had been included and since it had not, he suggested it be added. Councilmember Levy asked Mr. Donaldson if he had considered the number of cars that ignored the right turn only, which he had not, and if there was room for a right turn lane by the Marathon station, to which he responded that was CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 4 possible. Councilmember Valache questioned Mr. Donaldson if the applicant had asked that the right turn only lane be removed, and if the county would take the lane away if they considered the results, to which he did not know the answers. Mr. Donaldson confirmed it was just a matter of time before the intersection would fail. Mr. Pollock noted the change was logical and noted there was room by the Marathon station and by Albertson's for right turn only lanes, and that the projections were for weekday numbers. Discussion ensued regarding possible increased traffic. Councilmember Barnett inquired about the Wellington campus, which Mr. Hearing described. In response to Councilmember Levy, Mr. Hearing indicated a wall would buffer sound from equipment, and at second reading numbers would be provided of how many people would stay for fellowship after services. Councilmember Levy asked that the church expand the length of time between services to help with traffic if it became a problem and suggested encouraging carpooling. Councilmember Valache felt concern should be the impact of intense uses on Sunday mornings, and asked if the traffic management plan would handle the additional number of people who might attend. Mr. Hearing responded that the traffic management plan would take care of additional traffic. Senior Planner Sanchez confirmed the applicant had come a long way in reducing the traffic impacts. Councilmember Barnett asked why a traffic light was needed. Major Robert Artola with the Police Department indicated officers were hard to see at night and the light was more visible, creating a more steady flow of traffic. Vice Mayor Jablin expressed concern concurrency would eventually run out and the Council would have to face a CRALLS on Northlake. Councilmember Levy confirmed with Major Artola that the light would be flashing yellow and that emergency vehicles would have primary right -of -way. Mayor Russo indicated if Sunday traffic could not be made better, something was wrong, and everyone needed to understand what the sites were going to be used for. Mayor Russo suggested that cars be parked in front at night so as not to make noise affecting the residents and shuttle busses should not be needed. Mayor Russo advised that the applicant must work with the residents to make this work; the same concerns were expressed over and over, size, noise, etc., and must be addressed. Talal Benothman reported staff contacted Florida Department of Community Affairs to find out if the church was a DRI and was told DCA did not care about places of worship because there were no standards or thresholds in the statutes covering DRI's in the State of Florida. Mr. Benothman recommended a clearance letter, which could be provided by DCA within 30 days. Attorney Baird suggested that churches could come under the language of other uses and expressed the opinion this exceeded the presumptive threshold. During ensuing discussion, Mayor Russo stated the City would do what needed to be done. Attorney Stroud advised churches had never been called a DRI and she did not think a binding letter or clearance letter was necessary, but if it would make the Council more comfortable it could be done. Consensus of the City Council was to give the applicant direction to obtain a clearance letter. Mayor Russo declared the public hearing closed. Attorney Baird confirmed for Councilmember Valache that his position was that the current use of the church was a legal non - conforming use. Mayor Russo suggested a workshop before second reading. Councilmember Barnett asked why there were two separate ordinances when it was all one project now. City Attorney Tatum explained they had historically been separated and staff thought it would be clearer. The City Council discussed the procedure for this application to proceed and heard advice from the City Attorney CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 regarding the requirements to hold a workshop. Councilmember Levy made a motion to place Ordinance 18, 2005 on first reading by title only. Councilmember Valache seconded the motion, which carried 4 -1 with Vice Mayor Jablin opposed. Councilmember Levy made a motion to place Ordinance 19, 2005 on first reading by title only. Councilmember Valache seconded the motion, which carried 4 -1 with Vice Mayor Jablin opposed. Councilmember Levy asked that the simultaneous broadcast area be extended. ADJOURNMENT: There being no further business to discuss, the rr}Jleting was. r6journed at 11:21 p.m. APPROVAL: VICECaA'YOR JABLIN j COU IL MBER L C UNCILMEMBER VALECHE COUNCILMEMBER BARNETT ATTEST: PA RICIA SNIDER, CMC CITY CLERK r