RESOLUTION NO. ZR-2018-018 RESOLUTION APPROVING ZONING APPLICATION ZV/ABN/DOA/CA-2017-00354 (CONTROL NO. 1984-00058) TYPE II VARIANCE (CONCURRENT) APPLICATION OF Regions Bank BY Gunster, Yoakley & Stewart, PA, AGENT (?-ELEVEN DELRAY BEACH) WHEREAS, the Zoning Commission, pursuant to Article 2 (Application Processes and Procedures) of the Palm Beach County Unified Land Development Code, Ordinance 2003-067 as amended (ULDC), is authorized and empowered to consider, approve, approve with conditions or deny the request; WHEREAS, the notice and public hearing requirements pursuant to Article 2 (Application Processes and Procedures) of the ULDC have been satisfied ; WHEREAS, Zoning Application ZV/ABN/DOA/CA-2017-00354 was presented to the Zoning Commission at a public hearing conducted on July 9, 2018; 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; WHEREAS, the Zoning Commission hereby incorporates by reference the Findings in the staff report addressing the Standards contained in Article 2.B (Public Hearing Processes) for Type II Variances; WHEREAS, this approval is subject to Article 2.E (Monitoring) of the ULDC and other provisions requiring that development commence in a timely manner; WHEREAS, the issuance of this Development Permit does not in any way create any rights on the part of the Applicant and/or Property Owner to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the Applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; WHEREAS, this approval shall only become effective upon the adoption of a resolution approving Zoning Application ZV/ABN/DOA/CA-2017-00354 by the Board of County Commissioners; WHEREAS, the Palm Beach County Survey Section may administratively correct any scrivener's errors that will not significantly impact the overall boundary of the adopted legal description ; and, WHEREAS, Article 2.B.6.C (Board Action) of the ULDC requires that action of the Zoning Commission be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE ZONING COMMISSION OF PALM BEACH COUNTY, FLORIDA, that Zoning Application ZV/ABN/DOA/CA-201700354, the Application of Regions Bank, by Gunster, Yoakley & Stewart, PA, Agent, for a Type II Variance to allow 24 hour operation within 250 feet of a Residential Future Land Use designation or use; and a reduction in the required Right-of-Way (ROW) Landscape Buffer width, on a parcel of land generally described as shown on the legal description 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 July 9, 2018, subject to the Conditions of Approval described in EXHIBIT C, attached hereto and made a part hereof and variance request as described in EXHIBIT D, attached hereto and made a part hereof. Application No. ZV/ABN/DOA/CA-2017-00354 Project No. 05000-1 27 Page 1
Commissioner Resolution. moved for the approval of the The motion was seconded by Commissioner _ and, upon being put to a vote, the vote was as follows: Mark Beatty, Chair Alex Brumfield Ill, Vice Chair Amir Kanel Joseph Snider Barbara Katz Sam Caliendo Sheri Scarborough Robert Currie Filed with the Palm Beach County Zoning Division on This resolution shall not become effective unless or until the effective date of the resolution approving Zoning Application No. ZV/ABN/DOA/CA-2017-00354 by the Board of County Commissioners. APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS BY: / T/1~ COUNTY ATTORNEY BY: Application No. ZV/ABN/DOA/CA-2017-00354 Page 2
EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE, NORTHERLY ALONG THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 127.54 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF STATE ROAD NO. 806, AS RECORDED IN ROAD PLAT BOOK 3, PAGE 25, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, NORTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 806, ALONG A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1832.27 FEET, A CENTRAL ANGLE OF 21 22'07" AND A CHORD BEARING AND DISTANCE OF NORTH 53 45'26" EAST, 679.40 FEET; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 682.61 FEET TO THE END OF SAID CURVE; THENCE, NORTH 44 08'14" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 806, A DISTANCE OF 159.70 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 44 08' 14" EAST, CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 806 A DISTANCE OF 254.95 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1751.73 FEET A CENTRAL ANGLE OF 02 53'14" AND A CHORD BEARING AND DISTANCE OF NORTH 44 31'00" EAST, 88.26 FEET; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 806 A DISTANCE OF 88.27 FEET; THENCE, SOUTH 27 58' 32" EAST, A DISTANCE OF 75.03 FEET TO A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 28 22' 59"; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 2.48 FEET TO AN INTERSECTION WITH A LINE 402.50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 14; THENCE, SOUTH 00 24' 27" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF 313.37 FEET; THENCE, DUE WEST, A DISTANCE OF 132.70 FEET; THENCE, NORTH 45 51' 46" WEST A DISTANCE OF 197.09 FEET TO THE POINT OF BEGINNING. CONTAINING 65,185 SQUARE FEET OR 1.50 ACRES, MORE OR LESS. Application No. ZV/ABN/DON CA-2017-00354 Page 3 Project No. 05000-1 27
EXHIBIT B VICINITY SKETCH... - - -..--- -- _, - - -... - - -. 1O' SIGHT TRIANGLE J LOCATIQ,N MAP (N.T.S) ATLANTIC AVE. LINTON PROJECT LOCATION YAMATO RD. Application No. ZV/ABN/DOA/CA-2017-00354 Page 4
EXHIBIT C CONDITIONS OF APPROVAL Type II Variance - Concurrent VARIANCE 1. This Variance is approved based on the layout as shown on the Preliminary Site Plan dated May 14, 2018. Only minor modifications by Board of County Commissioners or Development Review Officer shall be permitted provided the changes are consistent with this Site Plan approval. (ONGOING: ZONING - Zoning) 2. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for ZV/ABN/DOA/R-2017-00354. The Property Owner shall secure a Building Permit or Commencement of Development to vest this Variance. (ONGOING: ZONING - Zoning) 3. This Variance is approved for the Retail Gas and Fuel Sales with a Convenience Store. Any change to the use(s) shall require reconsideration of the Variance by the Zoning Commission. (ONGOING: ZONING - Zoning) 4. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (ONGOING: ZONING - Zoning) 5. The Variance for Easement encroachment shall only be for the bus stop easement within the Right-of-Way Buffer. (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Zoning Commission relied upon the oral and written representations of the Property Owner/Applicant 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 Board of County Commissioners for review under the compliance Condition of this Approval. (ONGOING: MONITORING - Zoning) 2. 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; the 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 Unified Land Development Code 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. 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 Official Zoning Map Amendment, Conditional Use, Requested Use, 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. (ONGOING: MONITORING - Zoning) Application No. ZV/ABN/DOA/CA-2017-00354 Page 5
DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. Application No. ZV/ABN/DOA/CA-2017-00354 Page 6
EXHIBIT D REQUEST TYPE II VARIANCE SUMMARY ULDC Article 3.0.3.A.2.a Commercial Hours of Operation 7.F.1.A Landscape - Buffer Types Right of Way Required 6:00 AM to 11 :00 PM within 250 feet of a residential district 20 foot width maximum 5 foot easement encroachment Propsed 24 hours operation 20 foot width maximum 15 foot easement encroachment Variance 11 :00 PM to 6:00 AM (+7 hours) +10 foot easement encroachment SITUS ADDRESS: OWNER NAME & ADDRESS: 5830 Atlantic Ave Delray Beach 33484 5848 Atlantic Ave Delray Beach 33484 5850 Atlantic Ave Delray Beach 33484 Dixie Arbors Lie Peachtree Plaza Delray Outparcel Lie 4800 N Federal Hwy, Ste 205-B Boca Raton, FL 33431-3408 PCN: 00-42-46-14-00-000-7040 00-42-46-14-00-000-7130 ZONING DISTRICT: CG BCC DISTRICT: 5 PROJECT MANAGER: LAND USE: Carrie Rechenmacher, Senior Site Planner CH/8 I SIT/R: 14-46-42 CONTROL#: 1984-00058 LOT AREA: 1.50 acres +/- APPLICANT REQUEST: to allow 24 hour operation within 250 feet of a Residential Future Land Use designation or use; and a reduction in the required Right-of-Way (ROW) Landscape Buffer width. Application No. ZV/ABN/DONCA-2017-00354 Page 7