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HomeMy WebLinkAboutAgenda Council Agenda 080102 WorkshopCity of Palm Beach Gardens Council Workshop Agenda August 1, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING August 1, 2002 5:30 P.M. I.PLEDGE OF ALLEGIANCE II.ROLL CALL III. ITEMS FOR DISCUSSION: a.Christ Fellowship PUD Amendment, North and South Campus. IV.ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 1, 2002 Date Prepared: July 19, 2002 SUBJECT/AGENDA ITEM Special Workshop: Christ Fellowship PUD Amendment, North and South Campus. Joe Ryan of Christ Fellowship Church is requesting a Planned Unit Development (PUD) amendment to allow for the elimination of and amendments to certain conditions of approval regarding operational procedures and activities on site. Christ Fellowship Church Planned Unit Development (a.k.a. North Campus) and Christ Fellowship South Campus are located on either side of Northlake Boulevard, approximately one mile west of Military Trail (14-42S-42E). At the July 11, 2002 City Council meeting, the City Council requested that the Church and the representatives from the Neighborhood Coalition participate in a special workshop to address the outstanding concerns related to the proposed amendments. RECOMMENDATION Staff is seeking direction and guidance from the City Council. Reviewed by: Principal Planner"~ Talal Benoth AICP City Attorne;~ Finance NA Human Res. NA Submitted by: G rowthf,~/~ Manadert~nt D i reci~..~]J~. Charles K. Wu, AICP Approved b~City Mana~.~¢-~ Originating Dept.: Growth~Project/ .]~ J Manag~ -I~ L~ Edward T~,~m bari,_,,~ AICP ~ Development Compliance. Bahareh Wolfs, AICP Advertised: Not Required -A)fected parties: [ X ] Notified FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [x] Other N/A Budget Acct.#: N/A P & Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ X] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: City Council Meeting Date: August 1,2002 Date Prepared: July 11, 2002 Special Workshop BACKGROUND The Christ Fellowship PUD was originally approved by Ordinance 20, 1997, and provided for an 85,200 square-foot religious facility, including a sanctuary and two activities buildings. Subsequent amendments to this approval have included four administrative amendments and an amending ordinance (Ord. 23, 1999) approved by the City Council. These amendments allowed for minor architectural and site plan changes to the site. Although the code requirement at the time of original approval was for a Conditional Use, the original development order for the North Campus was approved as a Planned Unit Development Overlay Zoning with underlying zoning of Residential RL-3. The vacant land prior to the re-zoning was designated Planned Development Area (PDA). At the time, code required that all lands with a PDA designation re-zone to either PUD or Planned Community District (PCD). Subsequently, the use was zoned PUD, with underlying zoning of Residential RL-3. The PUD re-zoning was considered a sufficiently legal equivalent to a Conditional Use. The applicant was granted no waivers as part of the original PUD approval process. The project, as developed, met all code requirements at the time. In addition to the conditions for the North Campus approval, the South Campus approval and subsequent amendments have included several conditions which have led to restrictions on the North Campus site. The South Campus was originally approved as a conditional use for a 300-seat sanctuary and day-care facility by Ordinance 30, 1990, and was subsequently amended by Resolution 31, 1991, Resolution 4, 1997, Ordinance 34, 1999, Resolution 86, 1999, and Resolution 5, 2000. Subsequent amendments have allowed for an expansion of the use, including additional modular units, parking, landscaping, and drainage facilities, as well as additional seating within the sanctuary. The South Campus is not part of this PUD amendment application. Staff has contacted the City’s Citizen Services Specialist, who reported that there have been no complaints from the general public regarding the operations or activities associated with the church. The Code Enforcement Division has confirmed that the church currently has no outstanding fines or liens on the property. A communication from Ms. Joan Atwater dated June 7, 2001, outlining several complaints about the Church have since been addressed. The conditions placed on the original development approval and subsequent amendments were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were 2 City Council Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Special Workshop expressly intended to preserve the residential character of the surrounding community. The applicant accepted all conditions at the time of the original approval and additional conditions placed on subsequent amendments to the PUD. The proposed elimination of some or all of the conditions of approval, which were intended to limit the intensity of use, initially raised concerns with staff. Staff is now proposing new conditions of approval that mitigate the potential consequences of deleting and amending existing conditions. LAND USE & ZONING The subject site is zoned Residential Low - 3 (RL-3) with an overlay zoning of Planned Unit Development (PUD) and has a land-use designation of Residential Low (RL). At the time of the original approval of the PUD, the zoning code permitted churches as a conditional use (or PUDs in lieu of) in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. CONCURRENCY The traffic concurrency analysis for the site was based on total square footage approved on site, 85,200 square feet proposed for a 2,500-seat sanctuary as part of the traffic impact analysis. During the initial approval of the north campus site, the applicant agreed to reduce the total number of fixed seats to 1,750 seats as a condition of approval. PROJECT DETAILS Site Access The site has two access points onto Northlake Boulevard, with the main entrance located at a median cut. The easterly entrance is a right-in, right-out only, with no median cut at this location. There is no other access to the site, including none from Hunt Club Drive. The original development order required that the applicant obtain assistance from the City Police Department for traffic control when services were commencing and ending. The condition further stipulated that traffic movement on Northlake Boulevard could not be held for more than 90 seconds when traffic was leaving and entering the site. Amendments to the Conditions of Approval The applicant has proposed several amendments to or deletions of conditions of approval affecting operational procedures and activities on the North Campus included within both Resolutions and Ordinances. The following is a summary of the applicant’s proposals in lieu of the existing conditions of approval and staff’s analysis of such proposals: 3 City Council Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Special Workshop Resolution 5, 2000, Condition 1: Shuttle Bus "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease." Staff Recommendation It is staff’s professional opinion that the applicant is providing for safe transport of church members between two sites that comply with all applicable zoning codes. In order to further the safe transport of Church members between campuses across Northlake Boulevard, which has limited pedestrian facilities, staff recommends the elimination of Resolution 5, 2000, Condition 1. Resolution 5, 2000, amended the site plan for the "Christ Fellowship South Campus." This is a separate zoning district and must therefore be amended by separate action by the City Council. Staff recommends amending Resolution 5, 2000, with a separate resolution to delete this condition. Ordinance 20, 1997, Condition 7: Special Events Limited to Six Per Year. "The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non-member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid-week evening." Staff’s Recommendation Given that the applicant has approval for 82,500 square feet of religious square footage, the emphasis of any restriction should be placed on non-religious events. Non-member, non-religious events should be prohibited and considered as a violation of the regulations governing the site’s zoning district. Staff recommends the following condition be revised accordingly: The church sanctuary and related facilities shall not be leased, rented or in anyway made available to third parties or entities for use as an auditorium, theater or similar gathering place. Such facilities shall only be used by the Church and its members for purposes 4 City Council Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Special Workshop directly related and appurtenant to the Church’s function, such as regular and holiday prayer services, weddings and funerals, and for events sponsored by the Church in furtherance of its ministry, such as special prayer services, religious gatherings and speakers and youth programs. The Church shall be limited to three special events per year, as specified in Section 78-187 of the Land Development Regulations. Ordinance 20, 1997, Condition 9 "The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, of similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities." Staff’s Recommendation Staff recommends retaining Condition 9 and adding the following new condition of approval to address concerns regarding outdoor amplification: All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is subject to Code Enforcement Procedures. The applicant has agreed with keeping this condition in place. Ordinance 20, 1997, Condition 12 "The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats." Appficant’s Request The applicant requested that this language be eliminated in its entirety. The applicant has indicated that the restriction on number of seats within the sanctuary has not limited the capacity of the sanctuary. Many attendees are purported to stand during services. The applicant wishes to be able to allow the existing attendees to sit by utilizing open areas within the sanctuary for additional seating. Staff Recommendation It is staff’s professional opinion that, based on the revised documents, parking provided on site can support the currently approved square footage of uses. Also, staff can support the addition of seating within the sanctuary, based on the proposed seating plan that has been submitted and reviewed by City staff. Staff recommends retaining the condition requiring a maximum of 1,750 fixed seats, and allowance for a number of additional moveable seats within the requirements of the concurrency approval and the Land Development 5 City Council Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Special Workshop Regulations. Staff supports allowing the church to install moveable seats for overflow attendance when needed during popular events directly related to the churches ministry, such as, but not limited to, high holy days, prayer services during times of national emergency, after natural disasters or other extraordinary events, funerals, weddings and other special events associated with the Church’s ministry. Based on life safety fire codes, as determined by the City’s Fire Marshall, the maximum number of moveable seats permitted beyond the 1,750 permanent seats shall be 534 moveable seats, as demonstrated in the sanctuary seating plan to be included in the amending ordinance. The total number of fixed and moveable seats together shall not exceed 2,284 seats. Ordinance 23, 1999, Condition 2 "Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary." Staff’s Recommendation The applicant has indicated that Buildings A and B are not used for overflow seating. Given the additional seating that may be permitted within the sanctuary building as part of this petition approval, staff does not recommend deletion of this condition. Ordinance 23, 1999, Condition 3 and Ordinance 34, 1999, Condition 2 "Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on-site or off-site, shall be prohibited." Staff’s Recommendation Staff found no evidence of traffic control problems at the entrances to both the North and the South Campus. Both sites have received approval from the City for religious use with certain square footage and sanctuary seating. The applicant has also provided staff with a traffic operations site plan, indicating how traffic is controlled from both campuses. It is staff’s professional opinion that activities occurring on both sites simultaneously do not pose a significant hazard. The condition, as approved, may no longer be valid. Therefore, staff recommends deletion of this condition. Ordinance 34, "!999, amended the conditional use of the "Christ Fellowship South Campus." This is a separate zoning district and can only be amended by a separate ordinance. Staff recommends amending Ordinance 34, 1999 by separate ordinance to 6 City Council Meeting Date: August 1, 2002 Date Prepared: July 11, 2002 Special Workshop delete the condition. At the July 11, 2002 first reading of the Ordinances and Resolution proposed for amendments to the north and south campus, the City Council had the several concerns and requested additional information, including but not limited to the following: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Written concerns and formal action from all homeowners associations outlining all the objections relative to the proposed amendments. The Neighborhood Coalition should clearly state and explain all objections. A definition for "moveable seat." A program from staff as to how the moveable seats are to be enforced to ensure safety and compliance with fire, life safety and other applicable codes. The total number of persons that could be in the building based on fire codes, including standing room only. The total number of moveable seats permitted in the church, based on fire code and life safety standards. Number of events in which moveable seats may be used. The total number of seats permitted in the church based on parking code. The total number of trips generated by a Residential Low (RL-3) use, versus the total number of trips generated by a religious facility. Re-visit the parking code for religious facilities that reflect a requirement for more parking than what the present codes require. Analysis that the additional intervals required by the moveable seats will not negatively impact traffic on Northlake Boulevard. A definitive land use plan for the eastern 20-acres. Better definition of church events and church ministry. Consider entering into an agreement waiving the Church’s ability to challenge the City’s restrictions based on the Religious Land Use and Institutionalized Persons Act of 2000. 7 I ! II I I |I II [ ’I I I I J II I ,I I I I I I NOKll’ILAKE BLVD. CONCEPTUAL MASTER PL./~,~ N~ 1L 1"- ’L :’lIE IT, N(:)RTH CA,MPIIS (2HRIST FELL 2_IWSHIP SUPPLEMENTAL PARKING EXISTING SITE PLAN WITH I I SUPPLEMENTAL GRASS PARKING 546 GRASS PARKING SPA~3ES NORTH CAMDIJ CHRIST FELLS WSHIP