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ZONING COMMISSION OF PALM BEACH · PDF file ZONING COMMISSION OF PALM BEACH COUNTY Thursday, August 2, 2007 9:02 a.m. - 2:20 p.m. Jane M. Thompson Memorial Chambers 301 North Olive

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  • ZONING COMMISSION OF PALM BEACH COUNTY Thursday, August 2, 2007 9:02 a.m. - 2:20 p.m. Jane M. Thompson Memorial Chambers 301 North Olive Avenue West Palm Beach, Florida Reporting: Sophie M. (Bunny) Springer Notary Public

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    A T T E N D E E S Frank Barbieri, Chairman Don Dufresne, Commissioner Allen Kaplan, Commissioner Sherry L. Hyman, Commissioner Kelley Armitage, Commissioner Richard Bowman, Commissioner Bob Banks, Assistant County Attorney Jon Mac Gillis, Zoning Director Maryann Kwok, Chief Planner, Zoning Wendy Hernandez, Acting Principal Planner, Zoning Ora Owensby, Senior Planner, Zoning Carrie Rechenmacher, Senior Planner, Zoning Anthony Wint, Planner II, Zoning Doug Robinson, Planner II, Zoning Donna Adelsperger, Zoning Tech Bryan Davis, Planning Department Isaac Hoyos, Planning Department Susan Gash, Planning Department Ken Rogers, Director, Land Development Division Jim Choban, Land Development Allan Ennis, Asst. Director Traffic Division Kenny Wilson, Health Department Bob Kraus, ERM Michael Owens, School Board Rep. Elizabeth Murray, Zoning Secretary

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    I N D E X Petition Page 1 PDD2006-960(Control 2006-305) 6 2 PDD/R2006-1675(Control 2006-520) 6 3 PDD2007-055(Control 2007-018) 6 4 PDD/TDR2006-1554(Control 2006-503) 8 5 ZV2007-727(Control 2007-235) 9 6 Z2007-336(Control 1991-002) 10 7 Z/CA2006-1901(Control 2005-589) 11, 22 8 DOA2007-181(Control 1997-078) 11 9 DOA2007-050(Control 1975-068) 12 10 DOA2007-527 (Control 1992-014) 13 11 Z2007-532(Control 2007-173) 14 12 DOA2007-333(Control 2005-081) 15 13 ZV2006-1851(Control 2006-545) 15 14 ZV2007-733(Control 1981-151) 17 15 ZV2007-891(Control 2007-242) 18 16 ZV2007-889(Control 2006-277) 19 17 CORRECTIVE RESO ZV2006-1927 GADD RESIDENCE 20 18 CORRECTIVE RESO ZV2006-1925 PUBLIC STORAGE 21 19 Z/CA2006-022(Control 2006-010) 27 20 CA/TDR2006-1555(Control 2000-111) 40 21 ZV2007-725(Control 1998-073) 7 22 ZV2007-328(Control 2004-201) 58 23 ZV2007-881(Control 1973-043) 73 24 Z/CA2006-1818(Control 2003-020) 79 25 Z/CA2006-1557(Control 2006-504) 21, 24 26 Z/CA2006-1678(Control 2006-522) 88 27 Z/CA2006-1914(Control 2006-551) 103 28 DOA2006-1694(Control 1979-077) 120 29 CA2007-205(Control 2007-054) 7, 9

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    I N D E X CONTINUED Petition Page 30 Z2007-522 (Control 2007-172) 20 COMMISSIONER COMMENTS: 127 CERTIFICATE OF REPORTER: 128

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    P R O C E E D I N G S

    CHAIRMAN BARBIERI: All right. We’ll get started.

    Staff, would you call the roll call, please.

    MR. Mac GILLIS: Commissioner Bowman. COMMISSIONER BOWMAN: Here. MR. Mac GILLIS: Commissioner Armitage. COMMISSIONER ARMITAGE: Here. MR. Mac GILLIS: Commissioner Barbieri. CHAIRMAN BARBIERI: Present. MR. Mac GILLIS: Commissioner Hyman. COMMISSIONER HYMAN: Here. MR. Mac GILLIS: Commissioner Dufresne. COMMISSIONER DUFRESNE: Here. MR. Mac GILLIS: Commissioner Kaplan. COMMISSIONER KAPLAN: Here. MR. Mac GILLIS: We have a quorum. CHAIRMAN BARBIERI: Okay. Would everyone

    please stand for the opening prayer and the Pledge of Allegiance.

    (Whereupon, the opening prayer and Pledge of Allegiance were given.)

    CHAIRMAN BARBIERI: The Zoning Commission of Palm Beach County has convened at 9:00 a.m. in the Jane M. Thompson Memorial Chambers, 6th Floor, 301 North Olive Avenue, West Palm Beach, Florida to consider applications for Official Zoning Map Amendments, Planned Developments, Conditional Uses, Development Order Amendments, Type II Variances and other actions permitted by the Palm Beach County Unified Land Development Code and to hear the recommendations of staff on these matters.

    The Commission may take final action or issue an advisory recommendation on accepting, rejecting or modifying the recommendations of staff. The Board of County Commissioners of Palm Beach County will conduct a public hearing at 301 North Olive Avenue, West Palm Beach, Florida, in the Jane M. Thompson Memorial Chamber, 6th Floor, at 9:30 a.m. on Thursday, August 23rd, 2007, to take final action on the applications listed below.

    Zoning hearings are quasi-judicial and must be conducted to afford all parties due process. This means that any communication with commissioners which occurs outside of the public hearing must be fully disclosed at the hearing.

    In addition, anyone who wishes to speak at the hearing will be sworn in and may be subject to cross-examination. In this regard, if any group of citizens or other interested parties wish to cross-examine witnesses, they must appoint one representative from the entire group to exercise this right on behalf of the group. Any person representing a group or organization must provide written authorization to speak on behalf of the group.

    Public comment continues to be encouraged, and all relevant information should be presented

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    to the Commission in order that a fair and appropriate decision can be made.

    Staff, do we have proof of publication? MR. Mac GILLIS: Yes, we do. CHAIRMAN BARBIERI: We need a motion to

    receive and file. COMMISSIONER KAPLAN: So moved. COMMISSIONER DUFRESNE: Second. CHAIRMAN BARBIERI: Motion made by

    Commissioner Kaplan, second by Commissioner Dufresne. All in favor. COMMISSIONERS: Aye. CHAIRMAN BARBIERI: Opposed. (No response) CHAIRMAN BARBIERI: Motion carries, 6-0. Those of you that wish to address the

    Commission today, would you please stand and be sworn in by the Assistant County Attorney.

    (Whereupon, speakers were sworn in by Mr. Banks.)

    MR. BANKS: Thank you. CHAIRMAN BARBIERI: Commissioners, do you

    have any disclosures? COMMISSIONER KAPLAN: Yes, Mr. Chair. I

    spoke to petitioner’s agent on Item 24, Z/CA2006- 1818.

    CHAIRMAN BARBIERI: Commissioner Dufresne? COMMISSIONER DUFRESNE: Mr. Chairman, I

    had discussions with petitioner’s representative in the same matter, Item 24, as well as Item 26.

    And I was hoping that maybe we can get some clarification on Item 27, if that’s Manny Sarria. Jorge Sarria is a client of my firm’s, although I’ve not worked on this matter, but I wanted to make that disclosure, and I’ll recuse myself.

    COMMISSIONER HYMAN: I spoke with the petitioner’s agent on Item No. 24, the Ledis rezoning, and a very, very brief discussion with someone else, and I think it was on Item 26.

    CHAIRMAN BARBIERI: And I also spoke with the petitioner on Item 24 and Item 26.

    COMMISSIONER ARMITAGE: No disclosure. COMMISSIONER BOWMAN: No disclosure. CHAIRMAN BARBIERI: Okay. Thank you.

    CHAIRMAN BARBIERI: Staff, consent agenda, I guess, or postponements first.

    MR. Mac GILLIS: Postponements begin on Page 2 of your agenda.

    Item No. 1, PDD2006-960, a postponement

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    for 30 days ‘til September 6th. Item No. 2, Hagen Ranch Beach [sic] MUPD,

    PDD/2006-1675, 30-day postponement to September 6th.

    Item No. 3, PDD2007-055, Southern/Sansbury’s MUPD, postponed for 30 days, September 6th.

    Found on your add and delete, Item 21, ZV2007-725, Kahlert Self-Service Storage.

    And Item 29 on your add and delete, Conditional Use A2007-2005 [sic], Lake Harbor Quarry, all postponed to the days indicated in your agenda.

    We need a motion. COMMISSIONER HYMAN: So moved. COMMISSIONER DUFRESNE: Second. CHAIRMAN BARBIERI: Is that a motion on

    all of them? You want them all? MR. Mac GILLIS: Yes. CHAIRMAN BARBIERI: Okay. There’s a

    motion to postpone those items. Do we have anybody here to speak on Items

    1, 2, 3, 4, 5, 21 -- and what was the other one, Jon?

    MR. Mac GILLIS: Twenty-nine. CHAIRMAN BARBIERI: Twenty-nine. Is anybody here to speak on those agenda

    items? COMMISSIONER HYMAN: There’s just one, two

    three and 21 and 29. CHAIRMAN BARBIERI: I’m sorry. Yes, one,

    two, three, 21 and 29. All right. We have a motion to -- to

    postpone 30 days to September 6th, 2007. It was made by Commissioner Kaplan, second by Commissioner Dufresne.

    Any discussion? (No response) CHAIRMAN BARBIERI: All in favor. COMMISSIONERS: Aye. CHAIRMAN BARBIERI: Opposed. (No response) CHAIRMAN BARBIERI: Motion carries, 6-0.

    MR. Mac GILLIS: That brings us to the consent agenda on Page 3. We can go through them one by one.

    We’d ask the applicant to come to the podium to state their name and agree to the conditions.

    First item is Item 4, PDD/TDR2006-1554, In

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    the Pines North, found on Pages 4 through 31. There are 29 conditions found on Page 22

    through 31. There are two motions in this item. MR. MILLER: Good morning, Commissioners.

    Bradley Miller, of Miller Land Planning Consultants, representing the applicant.

    We’re in agreement with the conditions. CHAIRMAN BARBIERI: Okay. Is there

    anybody here from the public to speak on agenda Item No. 4?

    (No response) COMMISSIONER HYMAN: Going to move

    approval of the official zoning map amendment from Agricultural Residential zoning to Reside

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