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
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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
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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
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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.
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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
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was not compatible with the surrounding communities, explaining
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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
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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
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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
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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
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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
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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.
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ze
r L V. KOSIER, CM6, CITY CLERK