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04-25-1996 VC PH2-MMINUTES OF PUBLIC HEARING • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, APRIL 25, 1996 Present: V. A. Marks, M. D_, Mayor Tom Valente, Vice Mayor Larry Kelley, President Pro Tem Gail Vastola, Councilman Charles O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Marks called the meeting to order at 7:05 p.m. All members ofi Council were present. All members of staff were present. PURPOSE OF THE PUBLIC HEARING i The purpose of the Public Hearing was to hear comments from the Public concerning Bill 818, a proposed ordinance of the Village of North Palm Beach, Florida, rezoning a 1.2 acre parcel of land located at 10313 Prosperity Farms Road in the Village from R-1 Single-Family Dwelling District to R-2 Multiple-Family Dwelling District. COMMENTS FROM THE PUBLIC Manny Grinn, 536 Greenway Drive, referred to Page 6, Section 10 in an ordinance creating a P.U.D., wherein it states that "if development of the Planned Unit Development is not commenced or completed as set forth in this Section 10, the fact that the underlying zoning usage is R-3 Apartment Dwelling District shall not allow or authorize the developer or its successor to develop subject real property in accordance with R-3 uses without prior approval by the Village Council". Mr. Grinn asked why, if this language is contained in a P.U.D., couldn't it also be used to apply to this particular group. Ralph Cory, 2589 Pepperwood Circle, told the Council that he lives on property contiguous to the property that is proposed for rezoning. Mr. Cory feels that the issue is not a church, but is a rezoning issue. He stated to the Council that the Pepperwood residents moved there because it is residential, and all the neighbors he has talked to want it to stay R-1. • Minutes of Public Hearing • Held Thursday, April 25, 1996 Fred Pfeiffer, 2603 Pepperwood Circle, spoke against the proposed rezoning, and stated that he felt control ofi the property, including parking, would be lost, and that a rezoning would also devaluate their property. Joe Monello, 2537 Pepperwood Circle, spoke in opposition to the rezoning. He told the Council that at one time Pepperwood was part of the County, and that when the opportunity for annexation by the Village came up, he worked at convincing everyone that the annexation was the right thing to do, because they could always come before the Council to present concerns. He said his concern now is that the Pepperwood residents would not know what the future holds for their neighborhood if the rezoning is allowed, and therefore urged the Council to vote against the rezoning. Yolanda Cory, 2589 Pepperwood Circle, stated that she is not against a church coming in, but is against the rezoning because of parking and traffic. She stated that the swale would become a parking area if the congregation increased, or if there were weddings or other social activities. . Brenda Hyland, 867 Country Club Drive, spoke in favor of the rezoning. She told the Council that the current owners had invested over $300,000 in improvements, and had been trying to sell the property. Mrs. Hyland, as a realtor, has evaluated the property and recommended a selling price of $259,900. She said that the property has been on the market since October 1994 as asingle-family home and had not sold. She stated that the church does not intend to expand or change the property in any way, and is willing to stipulate that property go back to R-1 zoning if and when they would sell it. Cathy Breese, 306 Blossom Lane, Palm Beach Shores, spoke in favor of the rezoning. Mrs. Breese stated that she is the realtor for the church of Christ of the Palm Beaches. She read letters from residents who could not attend the Public Hearing but were in favor of the rezoning, as fiollows: Mr. and Mrs. William Hurley of 2639 pepperwood Circle, Cathy Alescio of 705 Juniper Drive, and Patricia Boyer of North Palm Beach. Lucia Traugott, 372 Golfview Road, told the Council that no one is paying attention to the fact that people have bought in neighborhoods and lived there for years but don't come to meetings to state their opinions because they feel their words are not being listened to. David Palmer, 10310 Trailwood Circle, Jupiter, spoke in favor of the rezoning. He assured the residents of Pepperwood that the church did not have any intention of disrupting anyone's life style or putting them in a position where their properties would be • 2 Minutes of Public Hearing . Held Thursday, April 25, 1996 jeopardized. He stated that they have considered every possible way to prohibit multi- family units from being allowed there in the fiuture when the church would sell. He further stated that North Palm Beach does not have a mechanism for "special exceptions", and if there were such a mechanism, they would have applied for it. In lieu of a special exception option, they are willing to create a deed restriction that would say that when the church leaves, the property would go back to R-1 zoning. Barbara Bass, 8853 155th Place North, Palm Beach Gardens, asked the Council how they could allow a video store and astrip-tease store but not allow a church. She told the Council that it should be accountable for what is allowed in. John Ashburn, 741 Westwind Drive, told the Council that he is in favor of the proposed rezoning for various reasons. Being a member of the church, he knows that the church is sensitive to the needs of North Palm Beach. He recommended that a deed restriction be prepared that would control all future use of the property, and felt that a church would be the best use of this property because of its uniqueness. Gail Silverman, 2510 Pepperwood Circle, speaking against the rezoning, stated that she and her husband purchased their property ten months ago, thinking they were buying into a quiet residential neighborhood. She told the Council that they love where they live, and want to preserve the integrity of the property. Armin Wessel, 2629 Peppenvood Circle, told the Council that he is moving out of the area, but has enjoyed living in Pepperwood and has many friends there. He said he has met with members of the church to voice his concerns, which include future use of the site should the church have to sell. He said that church representatives were unable to answer many of the questions he raised. Mr. Wessel stated that, if the rezoning does get approved for the church, he would like the many oak trees to remain, and that future expansion plans for the church and for parking be shown. Mr. Wessel would prefer that this site be kept as residential as possible by using deed restrictions. RECESS The meeting recessed at 7:30 p.m. and reconvened at 7:32 p.m. Ron Baker, 2534 Pepperwood Circle, spoke in opposition to the rezoning. Mr. Baker stated that there are other churches in close proximity that are for sale that should be considered instead of this single-family residence. Mr. Baker feels that the possibility of classrooms, garage and parking area would preclude it from returning to residential 3 Minutes of Public Hearing • Held Thursday, April 25, 1996 zoning later on, and would end up being aboarded-up house that wouldn't sell after the church outgrows it. ADJOURNMENT With no further comments from the public to be heard, the meeting adjourned at 7:34 p.m. i~ athleen F. Kelly, CMC, Village erk • 4