RESOLUTION NO. ZR-200S-007 RESOLUTION APPROVING ZONING APPLICATION ZV-2007-1799 CONTROL NO. 1975-068 TYPE II VARIANCE (STAND ALONE) APPLICATION OF KARIM DEVELOPMENT LLC BY MILLER LAND PLANNING CONSULTANTS, AGENT (WALGREENS AT LOGGERS RUN) WHEREAS, the Palm Beach County Zoning Commission, pursuant to Article 2 (Development Review Procedures) of the Palm Beach County Unified Land Development Code (Ordinance 2003-067, as amended) is authorized and empowered to consider, approve, approve with conditions or deny a Type II Variance; and WHEREAS, the notice and hearing requirements, as provided for in Article 2 of the Palm Beach County Unified Land Development Code, have been satisfied; and WHEREAS, Zoning Application ZV2007-1799 was presented to the Zoning Commission at a public hearing conducted on January 4, 2008; and WHEREAS, the Zoning Commission considered the evidence and testimony presented by the applicant and other interested parties, and the recommendations of the various county review agencies; and WHEREAS, this approval is subject to Article 2.E (Monitoring) of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and WHEREAS, the Zoning Commission has considered the findings in the staff report and the following findings of fact: 1. Special conditions and circumstances exist that are peculiar to the parcel of land, building or structure, that are not applicable to other parcels of land, structures or buildings in the same Zoning District; 2. Special circumstances and conditions do not result from the actions of the applicant and the approval of this variance will not grant any special privilege to the applicant; 3. Granting the variance does not confer upon the applicant any special privilege denied by the comprehensive plan and this code to other parcels of land, buildings or structures in the same zoning district; 4. Literal interpretation and enforcement of the terms and provisions of this code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship; 5. This variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure; 6. Granting the variance will be consistent with the purposes, goals, objectives, and policies of the comprehensive plan and this code; and, 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. WHEREAS, Article 2.A.1.K.3.a (Action by ZC) of the Palm Beach County Unified Land Development Code requires that the action of the Zoning Commission be adopted by resolution. Page 1
NOW, THEREFORE, BE IT RESOLVED BY THE ZONING COMMISSION OF PALM BEACH COUNTY, FLORIDA, that Zoning Application ZV2007-1799, the application of Karim Development, LLC, by Miller Land Planning Consultants, Agent, for a Type II Variance to allow reduction in pervious area, to allow 100% encroachment of utility easement, to allow reduction of the right-of-way buffers; to allow reduction of the number of tiered shrubs; and an elimination of the berm., on a parcel of land legally described in EXHIBIT A, attached hereto and made a part hereof, and generally located as shown on a vicinity sketch as indicated in EXHIBIT B, attached hereto and made a part hereof, was approved on January 4, 2008, subject to the conditions of approval described in EXHIBIT C, and variance request described in EXHIBIT D, attached hereto and made a part hereof. Commissioner Brumfield moved for the approval of the Resolution. The motion was seconded by Commissioner --..,.;K:...:.a:::::.JDc:.:I..:::.a.:...:.n and, upon being put to a vote, the vote was as follows: Frank A. Barbieri, Jr., Chair William Anderson, Vice Chair Allan Kaplan Sherry Hyman Alex Brumfield III Absent APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS fl::;[!l rj> BY: COUM'TY ATTORNEY Page 2
EXHIBIT A LEGAL DESCRIPTION LOGGERS' RUN COMMERCIAL REPLAT Land Description That portion of Parcel "A", LOGGERS' RUN COMMERCIAL PLAT, according to the map or plat thereof as recorded in Plat Book 44, Pages 32 and 33, Public Records of Palm Beach County, Florida, described as follows: BEGINNING at the Southwest corner of said plat, said corner being the most Westerly of two, run N1 0 57'01 "E, along the Easterly Right-of-Way line of Oriole Country Road, 150.00 feet, to a point of curvature, thence continuing along said Right-of-Way, run 9.53 feet along the arc of a curve, concave to the Northwest, having a radius of 1000.00 feet, and a central angle of 00 32'45"; thence the following courses and distance through said Parcel "A", S79 02'59"E, parallel to the Northerly Right-of-Way line of Palmetto Park Road, 95.79 feet; N89 45'38"E, 115.51 feet SOo014'22"E, 210.96 feet, to the Northerly Right-of-Way Line of Palmetto Park Road; thence N79 02'59"W, along said Right-of-Way, 225.00 feet; thence N34 02'59"W, 35.36 feet to the POINT OF BEGINNING; said lands situate, lying and beingin Palm Beach County, Florida. ALSO KNOWN AS: All of Tract 2 of LOGGERS' RUN COMMERCIAL REPLAT, according to the map or plat thereof as recorded in Plat Book 49, Page 56 and 57 Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. Containing 43,773 square feet, (1.004 Acres), more or less. Application No. ZV-2007-1799 Page 3
EXHIBIT B VICINITY SKETCH w > Ci2 Q «en o ffi Q Z o Il.. A NTS Logger's Run Commercial Center Page 4
EXHIBIT C CONDITIONS OF APPROVALS ZONING 1. The Develpment Order for this non-concurrent variance shall be valid for a period of one year from the date of the Zoning Hearing. The property owner must secure a building permit or commence development to vest the variance pursuant to ULDC Table 2.E.3-B-1. (Date: MONITORING - Zoning) 2. The property owner shall provide the Building Division with a copy of the Administrative Variance Staff Public Meeting Result Letter and a copy of the site plan and/or survey presented to the staff, simultaneously with the building permit application. (ONGOING-BLDG PERMIT: BLDG) 3. In granting this approval, the Zoning Commission relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Zoning Commission for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) ZONING - LANDSCAPING 1. In addition to the Code requirements landscaping adjacent to the affected area of the retail structure on the south west corner of the site(1 0,185 square foot Walgreens Retail) shall be upgraded to include: a. Foundation planting along the south side shall have an average width of 10 feet. (BLDG. PERMIT: LANDSCAPE - Zoning). 2. In addition to Code requirements the landscape buffer along the 225 foot south Palmetto Park Road and 150 foot west Oriole Country Road property lines adjacent to the 10,185 square foot Walgreens Retail shall be upgraded to include: a. One (1) palm or pine tree for each twenty linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BLDG. PERMIT: LANDSCAPE - Zoning). COMPLIANCE 1..Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Page 5
Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Conditional Use, Type II Variance, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Departmental administrative actions made pursuant to this condition may be appealed as provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of a Conditional Use, Type II Variance, Development Order Amendment or other actions based on a Zoning Commission decision shall be by petition for writ of certiorari to the Circuit Court, Appellate Division, 15th Judicial Circuit of Florida. (ONGOING: MONITORING - Zoning) Page 6
EXHIBIT D VARIANCE REQUEST APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV-2007-1799 Walgreens at 3.E.2.E.2.c.3 2-3 foot no berm no berm Loggers Run R-O-W Buffers continuous or Berms undulating berm 7.C MGTS Tier 30% pervious 24% pervious reduction of Compliance area area 6% 7.D.12 Landscaping, maximum 5 100% 100% General Standards, foot easement easement Landscaping in encroachment encroachment encroachment Easements 7.F.7.A 20 foot right- 10 foot right-of- reduction of Width of R-O-W of-way buffer way buffer 10 feet Buffer for Palmetto Park Road 7.F.7.A 15 foot right- 10 foot right-of- reduction of 5 Width of R-O-W of-way buffer way buffer feet Buffer for Oriole Country Road 7.F.7 3 tiers of shrub 1 tier of shrub reduction of 2 Landscape - Right of material material tiers Way Buffer SITUS ADDRESS: 11439 Palmetto Park Rd West Palm Beach 33420 OWNER NAME & ADDRESS: Development Karim 3200 N Military Trl Boca Raton FL 33431 PCN : 00-41-47-23-14-002-0000 ZONING DISTRICT: RE BCC DISTRICT: 05 PROJECT Joyce Lawrence, Site Planner II MANAGER: LAND USE: LR-1 I SIT /R: 23-47-41 CONTROL #: 1975-068 LOT AREA: 1 acres +/- APPLICANT REQUEST: To allow reduction in pervious area, to allow 100% encroachment of utility easement, to allow reduction of the right-of-way buffers; to allow reduction of the number of tiered shrubs; and an elimination of the berm. Page 6