PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
1. CALL TO ORDER
A. Roll Call – 9:30 A.M.
B. Opening Prayer and Pledge of Allegiance
C. Proof of Publication - Motion to receive and file
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
D. Swearing In – County Attorney
E. Motion to Adopt Agenda
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
2. POSTPONEMENTS/REMANDS/WITHDRAWALS
A. POSTPONEMENTS
1. POSTPONED
DOA/R2005-1321 Title: Resolution approving a Development Order Amendment application of Temple Beth El Of Boca Raton, Inc., by Land Design South, Inc., Agent. Request: To modify the master plan. Title: Resolution approving a Requested Use application of Temple Beth El Of Boca Raton, Inc., by Land Design South, Inc., Agent. Request: To allow a daycare, general and a school, elementary or secondary (private). General Location: Northwest corner of Cobblestone Way and Ponderosa Drive ( TEMPLE BETH EL). (Control 1975-068)
N/A
Size: 6 acres + BCC District: 5
MOTION: None required. (Postponed by the Zoning Commission to October 26, 2006 )
2. POSTPONED
CA2005-1125 Title: Resolution approving a Class A Conditional Use application of Howell and Doree Garolsky, by Land Research Management, Inc., Agent. Request: To allow vehicle sales and rental and general repair and maintenance. General Location: Approximately 1 mile south of Forest Hill Boulevard on the west side of Military Trail (THE BOAT CONNECTION). (Control 1986-062)
N/A
Size: 3.93 acres + BCC District: 2
MOTION: None required. (Postponed by the Zoning Commission to October 26, 2006 )
2. POSTPONEMENTS/REMANDS/WITHDRAWALS
A. POSTPONEMENTS
3. POSTPONED
DOA/W2006-180 Title: Resolution approving a Development Order Amendment application of Charles Watt Communities IV, Inc., by Land Design South, Inc., Agent. Request: To re-designate land use from government service area and recreational to residential; to reconfigure master plan and add units. Title: Resolution approving a Waiver application of Charles Watt Communities IV, Inc., by Land Design South, Inc., Agent. Request: To allow deviation from cul-de-sac and/or dead-end restrictions. General Location: Approximately 0.25 north and west of the intersection of Palmetto Park Road and Lyons Road . (BOCA LAGO PUD) (Control 1973-036)
N/A
Size: 24.53 acres + BCC District: 5
MOTION: None required. (Postponed by the Zoning Commission to October 26, 2006 )
4. POSTPONED
SR 1998-077 Status Report for Resolution R-1999-0527 (Petition 1998-077), the petition of Herbert and Karl Kahlert. Property owner: Herbert F. Kahlert. General Location: Northeast corner of Lake Worth Road and Lyons Road . Zoning District: Multiple Use Planned Development (VILLAGE CORNER MUPD)
Size: 12.29 acres + BCC District: 6
MOTION: To postpone to October 26, 2006 . (Requested by the Property Owner)
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
5. POSTPONED
SR 1995-22.2 Status Report for Resolutions R-95-1724 and R- 98-410 (Petition 1995-022), the petition of Metrodrama Joint Venture and Auto Nation USA Corp. Property owner: Arrigo Enterprises, Inc. General Location: Southwest corner of Okeechobee Boulevard and the Florida Turnpike. Zoning District: Multiple Use Planned Development. (METRODRAMA JOINT VENTURE).
Size: 29.85 acres + BCC District: 2
MOTION: 1) To postpone to November 27, 2006 . (Requested by the Property Owner) and 2) Direct the Code Enforcement Division to cite the property owner for failure to comply with Condition A.3 of Resolution No. R-2005-0382.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
2. POSTPONEMENTS/REMANDS/WITHDRAWALS
A. POSTPONEMENTS (Cont’d
6. POSTPONED
Z/COZ1976-101(A) Title: Resolution approving an Official Zoning Map Amendment application of PBC BCC, Warren H. Newell, Chairman, by PBC Zoning Division, Agent. Request: Rezoning from Preservation/ Conservation (PC) Zoning District to the Public Ownership ( PO ) Zoning District. General Location: Approximately 1,000 feet northeast of the Port of Palm Beach, approximately 1,500 feet due west of Lake Worth Inlet and approximately 0.1 mile south of Blue Heron Boulevard (PEANUT ISLAND REZONING).
Size: 84acres± BCC District: 1
MOTION: To postpone twelve (12) months to September 27, 2007 . (Requested by the Applicant)
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
B. REMANDS None
C. WITHDRAWALS None
- END OF POSTPONEMENTS/REMANDS/WITHDRAWALS -
3. CONSENT AGENDA
A. REQUESTS TO PULL ITEMS FROM CONSENT
B. DISCLOSURES FOR THE CONSENT ITEMS
C. ZONING APPLICATIONS
7. ADOPTED R-2006-2050
DOA/EAC2006-731 Title: Resolution approving a Development Order Amendment/Expedited Application Consideration application of Boynton Beach Associates XXII, LLLP, by Kilday & Associates, Inc., Agent. Request: To modify/delete conditions of approval. General Location: Northwest corner of Boynton Beach Boulevard and Lyons Road . (AMESTOY AGR-PUD) (Control 2005-162)
Size: 254.01 (affected) acres + BCC District: 5
281.94 (total) acres +
Staff recommendation: Approval, subject to conditions.
Zoning Commission Recommendation: N/A
MOTION: To adopt a resolution approving a Development Order Amendment to modify/delete conditions of approval.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
D. PREVIOUSLY POSTPONED STATUS REPORTS
8. APPROVED
SR 2001-040 Status Report for Resolution R-2002-0845 (Petition 2001-040), the petition of Shih C. Ching. Property owner: Florida State D.O.T. General Location: Southwest corner of Florida 's Turnpike and Lake Worth Road . Zoning District: Multiple Use Planned Development with a self-service storage facility. ( POLO LAKES OFFICE PARK )
Size: 4.57 acres + BCC District: 6
MOTION: To 1) revoke concurrency reservation number 01-5001457; and 2) exempt Resolution 2002-0845 from further Unified Land Development Code Article 2.E. review.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
E. STATUS REPORTS
9. APPROVED
SR 1981-152D.4 Status Report for Resolution R-98-1317 (Petition 1981-152D), the petition of Sunset Centres Ltd. Partnership. Property owner: Sunset Centres Outparcels. General Location: Northeast corner of Boynton Beach Boulevard and Military Trail. Zoning District: General Commercial with a Special Exception for a Planned Commercial Development and a Development Order Amendment to add a movie theater (requested use). (BOYNTON TRAIL CENTRE)
Size: 4.00 acres ≤ BCC District: 3
MOTION: To approve a time extension until July 1, 2007 , for Resolution R-98-1317.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
10. APPROVED
SR 81-233.7 Status Report for Resolutions R-82-151 and R-82-152 (Petition 1981-233), the petition of Crouch-Palermo Florida Inc. Property owner: Vietnamese Catholic Association of Palm Beach, Inc. General Location: Southwest corner of Florida 's Turnpike and Lantana Road . Zoning District: Residential Transitional with a Special Exception to allow a Planned Unit Development, including an on-site water and sewage treatment facility and excavation. (BALMORAL PUD)
Size: 5.24 acres of a 271 acre PUD + BCC District: 3
MOTION: To approve a time extension until June 13, 2008 , for Resolutions R-82-151 and R-82-152.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
11. ADOPTED R-2006-2051
SR 2001-064 Status Report for Resolutions R-2002-1002 and R-2002-1003 (Petition 2001-064), the petition of Palm Beach Atlantic College . Property owner: Palm Beach Atlantic University Inc. General Location: Approximately 0.5 mile east of Jog Road on the north side of Southern Boulevard. Zoning District: Institutional and Public Facilities with a Class A Conditional Use to add a college or university (recreational facility). ( PALM BEACH ATLANTIC COLLEGE )
Size: 60.22 acres ≤ BCC District: 6
MOTION: To 1) adopt a resolution to revoke Resolution R-2002-1003; and 2) exempt Resolution R-2002-1002 from further Unified Land Development Code Article 2.E. review.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
E. STATUS REPORTS (Cont’d)
12. APPROVED
CR 2001-075.3 Status Report for Resolution R-2001-0503 (Petition 2001-075), the petition of United States Postal Service. Property owner: United States Postal Service. General Location: Southeast corner of Coconut Boulevard and Northlake Boulevard . Zoning District: Public Ownership with a Conditional Overlay Zone. (NORTHLAKE POST OFFICE)
Size:11.25 acres ≤ BCC District: 6
MOTION: To approve a time extension until August 1, 2007 , to comply with Condition E.2 of Resolution R-2001-0503.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
13. ADOPTED R-2006-2052
Corrective Resolution: To
correct Engineering Condition 5 of
Exhibit C of Resolution R-2006-0009. (
MOTION: To correct Engineering Condition 5 of Exhibit C of Resolution R-2006-0009.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
G. RELEASE OF UNITY OF PURPOSE FOR 6801 LAKE WORTH ROAD
14. APPROVED R-2006-2053
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
– END OF CONSENT AGENDA –
– START OF REGULAR AGENDA –
4. REGULAR AGENDA
A. ITEMS PULLED FROM CONSENT
B. DISCLOSURES FOR ITEMS PULLED FROM THE CONSENT AGENDA
C. CODE AMENDMENTS
15. APPROVED WITH DIRECTION TO STAFF
a.
REQUEST FOR PERMISSION TO ADVERTISE: INCLUSIONARY WORKFORCE HOUSING PROGRAM
MOTION AND TITLE: Staff recommends a motion to approve on preliminary reading and advertise for First Reading on October 17, 2006 at 9:30 a.m.: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING THE UNIFIED LAND DEVELOPMENT CODE, ORDINANCE 03-067, AS AMENDED, AS RELATES TO AN INCLUSIONARY WORKFORCE HOUSING PROGRAM, AS FOLLOWS: ARTICLE 1 - GENERAL PROVISIONS; CHAPTER I - DEFINITIONS AND ACRONYMS; ARTICLE 2 - DEVELOPMENT REVIEW PROCESS; CHAPTER D - ADMINISTRATIVE PROCESS; CHAPTER F - CONCURRENCY (ADEQUATE PUBLIC FACILITY STANDARD); ARTICLE 3 -OVERLAYS & ZONING DISTRICTS; CHAPTER E - PLANNED DEVELOPMENT DISTRICTS (PDDS); ARTICLE 5 - SUPPLEMENTARY STANDARDS; CHAPTER G - DENSITY BONUS PROGRAMS; ARTICLE 7 - LANDSCAPING; CHAPTER A - GENERAL; CHAPTER F - PERIMETER BUFFER LANDSCAPE REQUIREMENTS; ARTICLE 11 - SUBDIVISION, PLATTING AND REQUIRED IMPROVEMENTS; CHAPTER E - REQUIRED IMPROVEMENTS; ARTICLE 12 – TRAFFIC PERFORMANCE STANDARDS; CHAPTER H - AFFORDABLE HOUSING; PROVIDING FOR: INTERPRETATION OF CAPTIONS; REPEAL OF LAWS IN CONFLICT; SEVERABILITY; A SAVINGS CLAUSE; INCLUSION IN THE UNIFIED LAND DEVELOPMENT CODE; AND AN EFFECTIVE DATE.
b. Workforce Housing Program Profitability Analysis Presentation
c.
Goldcoast Builders Association – Request to address Workforce Housing Amendments
N/A
d. (Item 5. B. 22 moved from Regular Agenda)
REQUEST FOR PERMISSION TO ADVERTISE: ULDC AMENDMENTS – TRAFFIC PERFORMANCE STANDARDS
MOTION AND TITLE: Staff recommends a motion to approve on preliminary reading and advertise for Public Hearing on October 26, 2006 at 9:30 a.m.: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING THE UNIFIED LAND DEVELOPMENT CODE, ORDINANCE 03-067, AS AMENDED, REPLACING TRAFFIC PERFORMANCE STANDARDS TEST 2 TRAFFIC MODEL ANALYSIS WITH A FIVE-YEAR STANDARD, AMENDING REGULATIONS RELATING TO THE RADIUS OF DEVELOPMENT INFLUENCE, AND ESTABLISHING THE PROPORTIONATE FAIR-SHARE PROGRAM, AS FOLLOWS: AMENDING ARTICLE 1, CHAPTER I — DEFINITIONS; AMENDING ARTICLE 12 — TRAFFIC PERFORMANCE STANDARDS, CHAPTER B — STANDARDS AND CHAPTER C — TRAFFIC IMPACT STUDIES; DELETING CHAPTER D — MODELING OF TRIPS; CREATING CHAPTER Q —PROPORTIONATE FAIR-SHARE PROGRAM; PROVIDING FOR: INTERPRETATION OF CAPTIONS; REPEAL OF LAWS IN CONFLICT; SEVERABILITY; A SAVINGS CLAUSE; INCLUSION IN THE LAND DEVELOPMENT CODE; AND AN EFFECTIVE DATE.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
D. PREVIOUSLY POSTPONED STATUS REPORTS
16. ADOPTED R-2006-2055
SR 1975-069G.3 Status Report for Resolutions R-1975-0463, 2001-0430 (Petition 1975-069G), the petition of The Estate of William H. Dyer and National Financial Services (R-75-463), Anthony V. Pugliese III (R-90-1054), and Wal-Mart Stores Inc. (1975-069G). Property owner: Michel P. Barberis, (Other project owners of developed parcels: Walmart Stores #8140, Action Business Corp., Krishna Realty Inc., and Taco Bell America Inc.) General Location: Southwest corner of Seacrest Boulevard and Hypoluxo Road . Zoning District: General Commercial with a Special Exception to allow a large scale Planned Community Commercial and Shopping Complex including a motel, gasoline station and financial institution. (SAM'S WHOLESALE CLUB)
Size: 0.683 acre of 20.47 acre project + BCC District: 7
MOTION: To 1) adopt a resolution to approve a Development Order Amendment to amend conditions of approval (architectural guidelines) of R-2001-0430; and 2) approve a time extension until May 5, 2008 , for Resolutions R-1975-0463 and 2001-0430.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Absent |
Yes |
Yes |
Yes |
Opposed |
Absent |
Yes |
E. STATUS REPORTS
17. ADOPTED R-2006-2056
SR 1985-113B.10 Status Report for Resolution R-94-12 (Petition 1985-113B), the petition of William and Daphne Cleve. Property owner: Green Capital, LLC. General Location: Northeast corner of Hypoluxo Road and High Ridge Road . Zoning District: Community Commercial with a Conditional Overlay Zone. (GREEN CAPITAL)
Size: 1.5 acres + BCC District: 3
MOTION: To adopt a resolution to approve a Development Order Amendment to amend conditions of approval (T.P.S.) in Resolution R-94-12, and approve a time extension until July 28, 2008, for Resolution R-94-12.
Aaronson |
Green |
Koons |
McCarty |
Marcus |
Masilotti |
Newell |
Absent |
Yes |
Yes |
Yes |
Yes |
Absent |
Yes |
18. APPROVED
SR 1991-023B.4 Status Report for Resolution R-96-1736 (Petition 1991-023B), the petition of Palms West Presbyterian Church. Property owner: Palms West Presbyterian Church Inc. General Location: Approximately 0.1 mile west of "F" Road on the north side of Okeechobee Boulevard . Zoning District: Agricultural Residential with a Development Order Amendment to add building square footage and redesign the site plan (for a church/place of worship and accessory buildings and structures) (PALMS WEST PRESBYTERIAN CHURCH).
Size: 8.0 acres + BCC District: 6
MOTION: To approve a time extension until July 10, 2008 , for Resolution R-96-1736.
Aaronson |
Green |
Koons |
McCarty |
Marcus |