RESOLUTION NO. ZR-2016 - 042

RESOLUTION APPROVING ZONING APPLICATION SD-158 CONTROL NO. 2007-333

SUBDIVISION VARIANCE (STANO ALONE) APPLICATION OF HORIZON 880, LLC BY WANTMAN GROUP, INC. , AGENT

(HORIZON COMPOSTING FACILITY, CR 880)

WHEREAS, the Palm Beach County Zoning Commission , pursuant to Article 2 (Development Review Procedures) of the Palm Beach County Unified Land Development Code (Ordinance 2006-036, as amended) is authorized and empowered to consider, approve, approve with conditions or deny a Subdivision Variance;

WHEREAS, the notice and hearing requirements, as provided for in Article 2 of the Palm Beach County Unified Land Development Code, have been satisfied ;

WHEREAS, Zoning Application SD-158 was presented to the Zoning Commission at a public hearing conducted on August 4, 2016;

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 Process) for a Subdivision Variance;

WHEREAS, this approval is subject to Article 2.E of the Palm Beach County Unified Land Development Code 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, 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.A.1.K.3 (Board Action) of the Palm Beach County Unified Land Development Code requires that the 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 SD-158, the application of Horizon 880, LLC, by Wantman Group, Inc., Agent, for a Subdivision Variance to allow direct access to County Road 880, a major street, and delete the requirement for curbs and sidewalks on the bridge accessing the property, 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 August 4, 2016, subject to the Conditions of Approval described in EXHIBIT C, attached hereto and made a part hereof.

Application SD-158 Control No. 2007-333

Project No SO-158

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:

Sheri Scarborough, Chair Sam Caliendo, Vice Chair Amir Kanel Joseph Snider William F. Anderson Carmine Priore Alex Brumfield III Mark Beatty Robert Currie

Filed with the Clerk of the Zoning Division on ____ _____ _

This resolution is effective when filed with the Clerk of the Zoning Division.

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By:~(f~ COUNTY ATTORNEY

Application 8 D-158 Control No. 2007-333

Project No SO-158

PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS

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EXHIBIT A

LEGAL DESCRIPTION

The West 270 feet of Tract 5, all of Tracts 6, 7 and 8, LESS AND EXCEPT the West 110.00 feet of Tract 8, Subdivision of Lot I, Hiatus between Townships 43 and 44 South, Range 38 East, as recorded in Plat Book 8, Page 84, of the Public Records of Palm Beach County, Florida;

TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; SUBJECT, HOWEVER, to the right-of-way State Road 80 over the South 70.00 feet of Tracts 5, 6, 7 and 8.

TOGETHER WITH a sixty foot (60') ingress and egress easement described as follows:

A strip of land , 60.00 feet in width , lying in Tract 8, Subdivision of Lot 1, Hiatus between Townships 43 and 44 South, Range 38 East, as recorded in Plat Book 8, Page 84, of the Public Records of Palm Beach County, Florida; said strip of land being specifically described as follows:

Commence at the Southwest corner of said Tract 8, thence North 89°54'20" East along the South line of said Tract, a distance of 88.37 feet to the intersection thereof with the East line of Parcel No.4 of that certain Grant of Easement recorded in Official Records Book 1267, Page 443, said Public Records; thence North 00°27'09" East, departing the South line of said Tract 8, and along the East line of said Grant of Easement Parcel No.4, a distance of 70.00 feet to the intersection thereof with the North line of the South 70.00 feet of said Tract 8 and the Point of Beginning.

Thence continue North 00°27'09" continuing along the East line of said Grant of Easement Parcel No.4, a distance of 280.00 feet, Thence North 89°55'02" East, departing said East Parcel line, a distance of 18.36 feet to the intersection thereof with the East line of the West 110.00 feet of said Tract 8; Thence North 00°04'58" West along said East line of the West 110.00 Feet of said Tract 8, a distance of 60.00 feet, Thence South 89°55'02" West departing said East line, a distance of 77.81 feet to the intersection thereof with the West line of said Grant of Easement Parcel No. 4, Thence, South 00°27'09" West along the West line of said Grant of Easement Parcel No.4, a distance of 340.02 feet to the intersection thereof with the North line of the South 70.00 feet of said Tract 8, Thence North 89°54'20" East along said line of the South 70.00 feet of said Tract 8, a distance of 60.00 feet to the Point of Beginning.

Application 5 0·158 Control No. 2007·333

Project No 50-158

Page 3

Appl ication SD-158 Control No. 2007-333

Project No SD-158

EXHIBIT B

VICINITY SKETCH

LOCATION MAP

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EXHIBIT C

CONDITIONS OF APPROVAL

1. Prior to August 31 , 2017, the Property Owner shall create a legal lot of recorded per Article 11 of the Unified Land Development Code. (DATE: MONITORING -ENG)

2. The variances approved herein are contingent upon the subject property remaining as a single lot and not being subdivided further. Should the Property Owner subdivide the lot further, these variances are voided and the Property Owner shall apply for revised variances, as necessary. (ONGOING: ENGINEERING - ENG)

3. The minimum clear spacing for pavement between the bridge rails shall be 30-feet. (ONGOING: ENGINEERING - ENG)

4. Prior to Final Approval by the Development Review Officer (DRO), the approved Variance shall be shown on the Site Plan and Subdivision Plan. (DRO: ENGINEERING - ENG)

5. 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)

6. 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 non­compliance, 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)

DISCLOSURE

1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.

Application SD-158 Control No. 2007-333

Project No SD-158

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APPLICATION NO.

SD-158

SITUS ADDRESS:

OWNER NAME & ADDRESS:

PCN:

ZONING DISTRICT:

BCC DISTRICT:

PROJECT MANAGER:

LAND USE:

CONTROL #:

LOT AREA:

APPLICANT REQUEST:

Application SD-158 Control No. 2007·333

Project No 8D-158

EXHIBIT 0

REQUEST

CODE REQUIRED PROPOSED VARIANCE SECTION 11.E.9.B.2 Access by local Access by Direct access

or residential existing major onto a major access streets street, County street

Road 880 11 .E.2A10 Bridges have Bridge with no Delete

clear roadway curbs and no requirement width between sidewalks for curbs and curbs two feet in sidewalks excess of pavement width in each direction with sidewalks six feet wide on each side

North side of County Road 880, approximately 6.5 miles west of Twenty Mile Bend/State Road 80 Horizon 880, LLC 58610 Van Dyke WashinQton MI 48094 0038433701 001 0051

AP

6

Joanne M. Keller, P.E.

AP SITIR: 37/43/38

2007-333

31 .60 acres

To allow access from County Road 880 over a bridge without curbs and sidewalks for a 31.60 acre property identified by PCN 00-38-43-37-01-001-0051.

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