Loading...
HomeMy WebLinkAboutMinutes Council 090897CITY COUNCIL SPECIAL REGULAR MEETING SEPTEMBER 8, 1997 The September 8, 1997, Special Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:40 P.M. in the Auditorium. of Dwyer High School, located at 13601 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The Mayor called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe, Councilman Eric Jablin and Councilman David Clark. PUBLIC HEARINGS: Ordinance 20, 1997 Mayor Russo called the Public Hearing to order, which was duly advertised on 6/4/97 and postponed from the 6/19/97, 7/2/97 and 8/21/97 Regular Meetings of the City Council. Mayor Russo discussed the procedure that would be used this evening for the public hearing, stating that staff would make a presentation, the applicant would make a presentation, the applicant's attorney would give opening statements, the attorney for the Community Coalition would give opening statements, followed by a report by the applicant's traffic consultant. After the report by the CITY COUNCIL SPECIAL REGULAR MEETING, 918197 applicant's traffic consultant, expert witnesses would be called by the Community Coalition's attorney and then expert witnesses for the applicant. Once all expert testimony was completed, the City Council would hear comments from the public. Marty Minor, Principal Planner, detailed the application by Palm Beach Gardens Christ Fellowship Church. Kim Glas, Principal Planner, detailed all amendments that had been made to the proposed project since application was received. All City Council members reported they had discussions with representatives on both sides of the issues, however, had not been persuaded to vote in either direction. Alan Ciklin, attorney for the petitioner, stated that Palm Beach Gardens Christ Fellowship Church presented a petition that was consistent with the City's Comprehensive Plan and complies with the City's Land Development Regulations. Mr. Ciklin asked that the Council closely listen to the evidence on both sides of the issue. Attorney Gary Fields, representing the Neighborhood Coalition, stated that this group of people were conprised of residents from all of the neighborhoods immediately surrounding the proposed project. Mr. Fields stated that the proposed church was not a community church in that a lot of the members of the church did not live in the City. Mr. Fields stated that evidence would show CITY COUNCIL SPECIAL REGULAR MEETING, 918197 3 that the proposed application was not consistent with the City's Comprehensive Plan and pointed out that the proposed church could be considered a "mega church" and, therefore, did not belong in a residential area. Mr. Miles Moss, Traffic Engineer for the Community Coalition, presented his credentials to the City Council. Mr. Moss reported on the results of a study performed by his organization, stating that the amount of traffic that would be placed on Northlake Boulevard would be an inconvenience to those residents living in the communities surrounding the proposed project. Mr. Moss stated that a sampling of license plates taken at the church proved that a large number of members of the church did not live in the immediately community. Mr. Moss stated that the Church would produce 3,221 trips on a Sunday. Mr. Moss stated that his figures were obtained from other studies that had been done in reference to churches of various sizes. Mr. Moss reviewed his mathematical calculations regarding how long it would take for the cars attending a service to leave the property and how much time the residents in the area surrounding the church would spend waiting to get out of their developments. Mr. Moss challenged the City Code regarding parking, stating that there would be no guarantee that each car would carry 4 people into the church. Mr. Moss felt that there CITY COUNCIL SPECIAL REGULAR MEETING, 918197 would not be enough parking spaces on site for the congregation, and felt that a traffic hazard would be created with the members being forced to park some cars on the church's property across Northlake Boulevard. Mr. Moss admitted that he had no knowledge of the County or City's Performance Standards. Attorney Ciklin questioned Mr. d Moss about his report, and Mr. Moss stated that he performed only one traffic count and license plate count during his study and the rest were done by members of the Neighborhood Coalition. The date Mr. Moss performed his license plate survey was on August 31, 1997. City Engineer Lindahl stated that staff would have an opportunity to review Mr. Moss' report for accuracy. Mr. Lindahl stated that it was a statutory requirement of the Department of Professional Regulations of the State Board of Engineers that when a document was submitted to a regulatory agency that had engineering calculations it must be signed and sealed and dated by the responsibile party that prepared the document. Mr. Fields stated that the signed and sealed copy of the document in question had been given to the City Attorney. Attorney Ciklin asked Joe Pollack, Traffic Engineer, to testify. Mr. Pollack presented his credentials to the City Council. Mr. Pollack CITY COUNCIL SPECIAL REGULAR MEETING, 9/8/97 stated that he prepared 3 different reports for the petitioner, which showed that the project complied with the City and County Traffic Performance Standards. A supplemental report prepared by Mr. Pollack showed there was enough capacity on Northlake Boulevard for services on Sunday for the proposed church. There were no further questions of Mr. Pollack. Mr. George Gentile, Landscape Architect, responded to Attorney Ciklin's questions, stating that he prepared the landscape plan for the proposed project. Mr. Gentile stated that the landscape plan met the Land Development Regulations of the City. Mr. Gentile stated that the City's Land Development Regulations allowed churches in all residential districts. Mr. Gentile reviewed landscape regulations required by Code and again pointed out that the proposed plan met or exceeded all regulations. Attorney Fields asked Mr. Gentile about the safety of traffic with the proposed project, however, Mr. Gentile stated that he was not a traffic expert, but could testify that the project met the City's Codes. Pastor Tom Mullins addressed the Council, detailing the types of programs the church offerred besides the regular church services. Pastor Mullins stated that the church, as were others, was a positive influence in the community. Pastor Mullins stated that the church enjoyed over 4000 members, with 1500 members living within the CITY COUNCIL SPECIAL REGULAR MEETING, 9/8/97 City limits, however, with most lived within the immediate vicinity of the City. Attorney Fields questioned Pastor Mullins about other programs offerred by the church and asked if the church planned additional facilities in the future. Attorney Fields questioned Pastor Mullins about the monthly calendar prepared by the church, and Pastor Mullins stated that there were activities at the church during the week. Attorney Fields asked Pastor Mullins if he had ever had any discussions with the landowner of the vacant land surrounding the proposed project about buying additional land for other projects. Pastor Mullins stated that he had discussions with the landowner, however, pointed out that there have been a lot of rumors regarding proposed projects that were not true. Attorney Ciklin objected, stating that the property adjacent to this site was not the subject of this application. Mr. Jim Park, Planner, was called to testify by Attorney Fields. Mr. Park gave his credentials as a Planner. Mr. Park felt that the City's Codes were lacking in parking requirements. Mr. Park felt that the proposed project would produce an unsafe traffic situation on Northlake Boulevard, not just with the volume of traffic alone, but with the possibility of off site parking on church property across the street. Mr. Park reviewed the national statistics and trends of mega- churches. Mr. Parks felt that a church of this size CITY COUNCIL SPECIAL REGULAR MEETING, 9/8/97 was not compatible with the surrounding communities, explaining 7 the history of churches in residential areas was previously used for small neighborhood churches that were only frequented by those living in the immediate vicinity. Mr. Park stated that it was his opinion that an appropriately sized church in a residential area would be no larger than 10,000 square feet in total. Roy Allen, Chairman of the Neighborhood Coalition, testified that he physically assisted in performing traffic counts. Mr. Allen stated that on 6/26/97 they sent a letter to Pastor Mullins posing several questions, however, the letter was never answered. Mr. Allen admitted that he was not a traffic engineer. Attorney Ciklin stated that a letter responding to the Coalition letter was sent and asked Mr. Allen if the response was received. Mr. Allen stated that a letter was received, however, he did not feel the specific questions were properly answered. Mayor Russo stated that Mr. Fields would give closing statements, followed by closing statements by Mr. Ciklin. At that point, Mayor Russo stated that members of the audience would be given an opportunity to speak. Attorney Fields stated that the time of large churches being located in residential neighborhoods had past and the Council must take CITY COUNCIL SPECIAL REGULAR MEETING, 91$197 action to protect residential communities from the development of mega - churches. Attorney Fields felt that the proposed church was not compatible with the surrounding communities and felt that traffic and safety of residents and members of the church would be a problem if the church was permitted to develop as presented. Attorney Fields stated that the church had a wide range of missions and did wonderful things, however, there were 4000 members that would be coming to this site on a regular basis, not only on Sundays. Attorney Fields felt that the traffic that would result from this church would be a burden on Northlake Boulevard and to those residents that live near the proposed project. Attorney Fields pointed out that St. Patrick's Cathedral in New York City had only 1500 seats and the proposed church would hold one half the amount of seating ability of the West Palm Beach Auditorium. Attorney Fields pointed out that the City's Planning and Zoning Commission voted unanimously to deny this petition. Attorney Fields also pointed out that recent court decisions prove that the City did not have to approve a mega - church in a low density residential area just because the City's code permitted churches in all residential areas as a conditional use. Attorney Fields stated that it was the job of the City to redirect this applicant to continue the good works done by the church, and to build in a more CITY COUNCIL SPECIAL REGULAR MEETING, 918197 appropriate location. Attorney Fields pointed out that the City did not need to approve a project based solely on the fact that it was a church. Attorney Fields asked that the City Council deny the petition. Attorney Ciklin stated that the experts presented by the applicant have shown that the church met the City's Land Development Regulations and the City and County Traffic Performance Standards. Concurrency requirements have also been met by this application. Attorney Ciklin stated that a project does not become 0 incompatible because an attorney says it is; but, must be considered based on whether or not the project met the Code. Mr. Inman stated that he was from PGA National and reported that he had never been contacted to see if he was for or against the proposed project. Mr. Inman stated that he was in favor of the project. Spiro DeGasperis stated that he represented members of C.A.N. in PGA National and they were against the proposed project because of possible traffic problems that would occur on Northlake Boulevard. In an effort to determine whether there would be enough time to complete the public hearing, Mayor Russo asked those who had signed -up to speak if they were still interested in speaking. CITY COUNCIL SPECIAL REGULAR MEETING, 9/8/97 10 Mayor Russo stated that there were still a number of people that wanted to speak, however, the public hearing would have to be postponed and would have to be held at the Municipal Complex. Mayor Russo stated that he would take public comments until 11:15 p.m., at which time he would bring the issue back to the City Council for their comments. Mr. Gallagher, resident of the City, stated that he was against the proposed church for reasons of traffic problems that would be created on Northlake Boulevard. Bob Kaplan, resident of the City, stated that there were some errors in the data provided re: the traffic report. Mr. Kaplan asked that the Council review the information reported to them carefully. Mayor Russo asked that Mr. Kaplan give his information to City staff for their review. Mark Kuhl, Steeplechase resident, expressed his concerns with the proposed church because of the traffic and the height of the roof, including the steeple. Julie Rossow stated that she would submit her comments in writing to the City. Robert Shapiro, resident of Cypress Hollow, expressed his support of the proposed church. Richard Walton, resident of The Hunt Club, stated he would CITY COUNCIL SPECIAL REGULAR MEETING, 91$197 submit his concerns with the project in writing to the City. Mayor Russo asked for direction from the City Council. Vice Mayor Furtado stated that she was in favor of the proposed project and expressed her concern that the church had offerred a reduction in the size of the project, however, the Neighborhood Coalition refused the offer. Councilwoman Monroe stated that she felt the same as the Vice 11 Mayor and had hoped for a compromise. Councilwoman Monroe expressed her concern that the Coalition did not reach a compromise with the church's offer of a reduction in size. Councilman Clark stated that he was disappointed that there was not a compromise and felt that the church needed to reduce the proposed size of the facility by more than 20% and hoped for a 50% reduction. Councilman Jablin stated that he agreed with Councilman Clark, feeling that the church needed to reduce the size of the proposed project by approximately 50 %. Mayor Russo expressed his graditude for the work that the church has been doing in the community, however, stated that he felt that a 20% reduction was not enough and that a 50% reduction was too much, Mayor Russo asked that the church consider a compromise and a reduction in size between 20% and 50 %. Mayor Russo CITY COUNCIL SPECIAL REGULAR MEETING, 918197 12 pledged to Pastor Mullins that if he could not get what he needs out of this site he would personally work with him to find a site that was suitable for his project. Councilman Clark made a motion to continue the public hearing for Ordinance 20, 1997, to October 16, 1997, at approximately 7:30 P.M. in the Council Chambers of the Municipal Complex. The motion was seconded by Councilman Jablin and unanimously carried. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11 - APPROVAL 1 R JOSEPH R.RUSSO VICE MAYOR LAUREN FURTADO COUNCILVOMANJIlVDA MONROE `r COUNCILibfAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST. 7 "'Z , . t ze r L V. KOSIER, CM6, CITY CLERK