PALM BEACH COUNTY. STATUS REPORT CR O/El (For Zoning Petition )

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1 PALM BEACH COUNTY STATUS REPORT CR O/El (For Zoning Petition ) Staff Recommendation Staff recommends the revocation of Resolution No. R Thls recommendation is based on the following: 1. The property owners have not documented progress towards compliance with condition number E. 1. of Resolution No. R since March Asiteplanhasnot beencertifiedforthepropertywhichisthesubjectofresolutionno. R Code violations have been identified in the Notice of Violation issued by the Palm Beach County Code Enforcement Division on November 19,2002, complaint number C Development Approval and Condition of Approval: Zoning Petition was approved by the adoption of Resolution R on May24,2001. The resolution approved a Class A Conditional Use to allow a motion picture production studio, an outdoor entertainment use, a boarding and rooming house and a campground in the Multiple Family Residential (High Density) zoning district. The zoning actionisnowbeingreviewedpursuant to Section 5.8 ofthepalmbeach CountyUnifiedLandDevelopment Code, "Compliance with Time Limitations," for failure to comply with the following condition of approval: E. 1. Prior to November 1,2001, all internal rights of way which encroach within any existing or proposed structures shall be abandon through the Palm Beach County abandonment process. If any of the rights of way are unable to be abandon then the site plan shall be amended as required. (DATE: MONITORING-Eng) Property Description: The property is approximately 5.58 acres and is on the north side of Pahokee Airport. Property Owners: Karen Padyjasek and Dianne D Carter Required Action: Section 5.8 ofthe Unified Land Development Code requires that the Board of County Commissioners take one or more ofthe following actions: 1) grant a time extension ofup to two years; 2) rezone the property and/or revoke the special exceptiodconditional use; 3) impose entitlement densityhtensity; 4) add or modify conditions of approval, 5) permit the property owner to file apetition to add or modify conditions of approval; 6) direct staff to cite the property owner for Code violation; and/or 7) deny or revoke a building permit, issue a stop work order, deny a Certificate of Occupancy, revoke any concurrency, deny or revoke any permit or approval. REVIEW FACTORS Consistency with Land Use Plan and Unified Land Development Code The Land Use Plan category for the property is High Residential 12. The current approval is consistent with the land use designation of the Palm Beach County Comprehensive Plan and with the Unified Land Development Code. Performance Standards Ths project, which will generate approximately 196 trips per day, meets the Countywide Traffic Performance Standards.

2 Supplemental The following is a history of events for the last three years: : Extended film permit #OO-1X approved by Palm Beach County Film & Television Commission (FTC). Memo fiom Roland Holt to Chuck Elderd - print and internet advertising state that Sky Dive America is offering training "with air conditioned bunkhouses, showers, kitchen facilities, and pool with deck." Needs to meet Health, Fire, and Building regulations by receiving permits and inspections, but no application has been submitted. Memo from Roland Holt to Dominic Sims recapping meeting ofdominic Sims, Chuck Elderd, Richard Gathnght, and Roland Holt regarding issues that needed to be corrected. Letter fkomhealthdept. to Blue SkiesUnlirmted statingpermit for onsite sewage disposal system was denied. Letter fiom Roland Holt to Candice Anderson of Kilday & Associates recapping meeting with Ms Anderson - Kilday to immediately seek building permit for 40' x 100' building nearing completion, need to open up parts of the structure for after-the-fact inspections. Memo fiom Chuck Elderd to Roland Holt - Thank you note for meeting with Larry Kerschenbaum of Sky Dive America, Candy Anderson of Kilday & Associates, Jamie Udel of Com. Masilotti's office, and Chuck Elderdregarding resolving concerns related to newly built television production facility. Variance granted by the Board of Adjustment Development order (Resolution No. R ) approved - Class A Conditional Use to allow a motion picture production studio, an outdoor entertainment use, a boarding and rooming house and a campground. Letter to property owners from Monitoring Section approving a one-year time extension, until November 1,2002, to comply with condition number E. 1. Letter from Barbara Alterman to Chuck Elderd recapping agreements reached in ameeting (which included Larry Kerschenbaum) on PZB agreed to give Mr. Kerschenbaum six moths from to comply with variance conditions, and Mr. Kerschenbaum would submit monthly progress reports regarding progress on complying with variance conditions. If done, extended permit would be issued. Mr. Kerschenbaum also to meet all Health Department requirements. Memo to Mr. Kerschenbaum and Skydive America explaining the importance ofmonthly progress reports on the planning and zoning process to continue the implementation of the FTC extended permit. Letter from Larry Kerschenbaum to Chuck Elderd stating financial condition was improving, paying May bills; had received paperwork for required building permits. Memo from Chuck Elderd to Larry Kerschenbaum- Sky Dive America/New Tribe Entertainment's (SDA) pemit #02-1X 5/28-6/28 "has now expired." Monthlyreports agreed to on were not submitted. Time extension application submitted for condition number E.2. Condition number E.2. due. Memo from Board of Adjustment Section of Zoning Division to Terry Vemer stating Sky Dive America was in violation of two sections of the ULDC. Notice of Violation issued by Code Enforcement with compliance deadline. Letter to property owners stating time extension request was denied. Status Report CR /E1 was postponed by the BCC until at the request of the property owner. Since approval of the development order two years ago, 1) a site plan has not been certified; 2) the owners have not demonstrated any efforts to comply with condition number E. 1.; 3) the conditional use was utilized prior to certification of a site plan in violation of Subsection 5.6.B.2.a. ofthe Unified Land Development Code (ULDC); and4) staffhas issued anotice ofviolation due to violations identified on avisit to the

3 property (see attachment). Since the status report was postponed on , the bank which holds the mortgage for one ofthe two parcels has begun the foreclosure process. Attorneys are now looking at options. StafThas suggested that the bank begin to clear the code violations and offer a time fi-me for completing the process if the bank wishes to retain the conditional use. A response had not been received by staff at the time th~s report was prepared. An attorney for the bank notified staff that utilization of the conditional use has ceased. January 2003 Revised May 2003

4 NOTICE OF VIOLATION PALM BEACH COUNTY BUILDING & ZONING DEPARTMENT 100 AUSTRALIAN AVE, WEST PALM BEACH, FL TELEPHONE: (561) TO: KAREN PADYJASEK NOVEMBER ADDRESS: 255 WYCHMERE TER. WEST PALM BEACH, FL PREMISES: 3597 AIRPORT RD PCN# : ZONING CLASSIFICATION: RH COMPLAINT "4: C YOU ARE HEREBY NOT1 DISCLOSED THAT YOU COUNTY, FLORIDA AS OVE PREMISES 6.4.C.5; G.2.A; MENT CODE MENT CODE, AS AMENDED CESSORY USES 2) CONSTRUC ED TO A PRE- FABRICATED ECK WITHOUT PROPER PERM IS PROHIBITED 3) ALTERATIONS RY EQUIPMENT TO D CHANGE OF IS PROHIBITED. IT(S) AND BANNERS 5) OPEN STORAGE OF UNL AREA IS PROHIBITED. CLES IN A RESIDENTIAL REQUIREMENTS FOR CORRECTION 1) CEASE OPERATING OUTDOOR ENTERTAINMENT, MOTION PICTURE FILM PRODUC- TION STUDIO, CAMPGROUND, BOARDING/ROOMING HOUSE AND VARIOUS UNAPPROVED ACCESSORY USES WITHOUT PROPER ZONING APPROVAL(S). 2) OBTAIN PROPER PERMIT ( S) OR REMOVE STRUCTURE ( S). 3) OBTAIN PROPER PERMIT(S) AND APPROVALS. 4) OBTAIN PROPER PERMIT(S) OR REMOVE SIGNAGE. REMOVE BANNER(S). 5) OBTAIN PROPER LICENSING AND REGISTRATION OR REMOVE VEHICLE(S). ONE (1) VEHICLE WHICH IS UNREGISTERED AND UNLICENSED MAY BE KEPT ON SITE

5 PROVIDED THE VEHICLE IS PARKED BESIDE OR BEHIND THE BUILDING AND SCREENED FROM VIEW OF ADJACENT PROPERTIES. COMPLIANCE DEADLINE: DECEMBER 20, THE REQUIREMENTS FOR CORRECTION MUST BE MET NO LATER THAN DECEMBER 20, IF THE VIOLATION IS CORRECTED AND THEN RECURS OR IF THE VIOLATION IS NOT CORRECTED BY THE TIME SPECIFIED FOR CORRECTION IN THIS NOTICE, THE CASE MAY BE PRESEN- TED TO THE SPECIAL MASTER FOR HEARING EVEN IF THE VIOLATION HAS BEEN CORRECTED PRIOR TO THE HEARING. IF YOU ARE FOUND TO BE IN VIOLATION BY ORDER OF THE SPECIAL MASTER, THERE MAY BE IMPOSED AGAINST YOU A FINE UP TO $ DOLLARS PER DAY FOR EACH DAY THE VIOLATION CONTINUES PAST THE COMPLIANCE DATE SET BY THE SPECIAL MASTER. THE SPECIAL MASTER RECOVER FROM YOU IS VIOLA- PLIANCE HAS :ENT C/C :BARBARA WILLIAM ROLAND RICHARD ROBERT DON GIBSON TOM MCELVY LINDA MONROE CHUCK ELDERD ALAN SEAMAN

6 EXHIBIT B & m * PALM BEACH COUNTY ZONING QUADNlClNlTY SKETCH Petition Number CA Zoning Quad Page 21 7 El Date April NORTH BCC Petition CA Project No May 24,2001 BCC District 6 Page

7 I 0 7 PALM BEACH COUNTY PLANNING DIVISION SITE LQCATIQN AND LAND USE,, Petition Number: Land Use Atlas Page: Date: I a3 i!~jaood A N BCC Petition CA Project No May 24,2001 BCC District 6 Page