RESOLUTION NO. ZR-2018-012

RESOLUTION APPROVING ZONING APPLICATION ZV-2017-02234 CONTROL NO. 1999-10033

TYPE II VARIANCE (STANO ALONE) APPLICATION OF BW Okeechobee Haverhill II , LLC

BY Dunay, Miskel and Backman, LLP, AGENT (GOOD SAMARITAN MEDICAL CENTER)

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-2017-02234 was presented to the Zoning Commission at a public hearing conducted on May 3, 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 a Type II Variance;

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, 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-2017-02234, the Application of BW Okeechobee Haverhill II , LLC, by Dunay, Miskel and Backman, LLP, Agent, for a Type II Variance to allow 24-hour operation within 250 feet of a Residential Future Land Use (FLU) designation or use; to allow a reduction in width of foundation planting along both the east and west facades; to eliminate trees in the foundation planting along the west facade ; to allow more than a 5-foot overlap of two easements into a landscape buffer, 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 May 3, 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 0 , attached hereto and made a part hereof.

Commissioner Resolution .

Appl ication No. ZV-2017 -02234 Control No. 1999-10033 Project No. 09999-000

moved for the approval of the

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The motion was seconded by Commissioner ________ and , upon being put to a vote , the vote was as follows:

Mark Beatty, Chair Alex Brumfield III , Vice Chair Amir Kanel Joseph Snider Barbara Katz Sam Caliendo Sheri Scarborough Carmine Priore Robert Currie

The Chair thereupon declared the resolution was duly passed and adopted on May 3, 2018.

This resolution is effective when filed with the Palm Beach County Zoning Division on ________ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By :~(jL3 COUNTY ORNEY

Application No. ZV-2017-02234 Control No. 1999-10033 Project No. 09999-000

PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS

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EXHIBIT A

LEGAL DESCRIPTION

LEGAL DESCRIPTION A parcel for land being the west 300 feet of the east 350 feet of the south 238.00 feet of the north 300 feet of Section 26, Township 43 South, Range 42 East, Palm Beach County, Florida being more particularly described as follows : COMMENCING at the northeast corner of said Section 26; thence N88°26'18'W along the north line of said section , 350.00 feet; thence S01 °12'56'W , 62.00 feet to the south right-of-way line of Okeechobee Boulevard as laid out and currently in use as shown on the Florida Department of Transportation right-of-way map for Section 93280-2503, dated December 16, 1987 and to the POINT OF BEGINNING; thence S88°26'18"E, along said right-of-way line, 254.21 feet; thence S43°36'51 "E, 49.35 feet to the west right-of-way line of Haverhill Road as la id out and currently in use as shown on said right-of-way map; thence S01 °12'56'W , along said west right-of-way line, 103.21 feet ; thence S88°26'18"E, 11 .00 feet; thence S01 °12'56"W, 1 00.00 feet (the preceding two courses also being along said west right-of-way line); thence N88°26'18'W , along the north easement line of the Lake Worth Drainage Canal L-1 as described in the Official Records Book 56 , Page 495 of the publ ic records of Palm Beach County, Florida , 300.00 feet ; thence N01 °12'56"E, 238.00 feet to the POINT OF BEGINNING.

CONTAINING 69,278 SQUARE FEET, 1.590 ACRES MORE OR LESS.

Application No. ZV-2017 -02234 Control No. 1999-10033 Project No. 09999-000

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EXHIBIT B

VICINITY SKETCH

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STATE ROAD 704/0KEECHOBEE BOULEVARD -.

SITE ~~ b 0 q; -

JJ 0 n:: -l

IJ .....J

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ill > q;

I II I I

SECTION 26, TOWNSHIP 43 SO

Application No. ZV-2017-02234 Control No. 1999-10033 Project No. 09999-000

UTH RANGE 42 EAST

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EXHIBITC

CONDITIONS OF APPROVAL

Type II Variance - Standalone

ALL PETITIONS 1. The approved Site Plan is dated March 26, 2018. Modifications to the Development Order inconsistent with the Conditions of Approval , or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Zoning Commission. (ONGOING: ZONING - Zoning)

2. The Development Order for this non-concurrent Variance shall be valid till May 3, 2019, a period of one year from the date of the Zoning Hearing . The Property Owner must secure a Building Permit to vest this Variance. (DATE: ZONING - Zoning)

3. Prior to Final Approval by the Development Review Officer, the approved Variance(s) and any associated Conditions of Approval shall be shown on the Final Site Plan. (DRO: 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. (BLDGPMT: ZONING - Zoning)

LANDSCAPE 1. Prior to issuance of Certificate of Occupancy for the Medical Office use, the Property Owner shall replace all dead and missing plant materials on the entire subject property as required by BA9900033. (CO: ZONING - Zoning)

USE LIMITATIONS-VARIANCE 1 (HOURS OF OPERATION) 1. This Variance is approved for Medical Office use. Any change in use for the existing structure shall require reconsideration of the Variance by the Zoning Commission. (ONGOING: ZONING - Zoning)

2. No sirens or flashing strobe emergency lights from any medical transportation vehicles shall be utilized when with in the subject property. (ONGOING: ZONING -Zoning)

COMPLIANCE 1. In Granting this Approval , the Zoning Commission relied upon the oral and written representations of the Property Owner/Appl icant 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: ZONING - 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 add ition or

Application No. ZV-2017-02234 Control No. 1999-10033 Project No. 09999-000

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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: ZONING - Zoning)

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

Application No. ZV-2017-02234 Control No. 1999-10033 Project No. 09999-000

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EXHIBIT D

REQUEST

TYPE II VARIANCE SUMMARY ULDC Article Required Propsed Variance V1.5 .E.5.A Hours of Operation Hours of Operation 24 Extend Hours of Hours of Operation - between 6:00 AM and hours per day for Operation by 7 hours Proximity to 11 :00 PM for Commercial Commercial Uses for Commercial Uses Residential Uses within 250 feet of a within 250 feet of a within 250 feet of a

Residential Future Land Residential FLU or use. Residential FLU or use. Use (FLU) or use.

V2. Table 7.C.3 Planting Width : Minimum Planting Width : Reduction of 3-inches Minimum Tier 8-feet (ft) in width along minimum of 7 feet 7- along the east facade Requirements the side facades inches in width along

the east facade V37.C Foundation Planting Foundation Planting Reduction of 4 feet 9-MGTS Tier Width : Minimum 8-feet in Width : minimum of 3 inch along the west Compliance width along the side feet 1-inch along the facade

facades west facade V4.7.D.12 Maximum 5-foot easement 10-feet overlap for I ncrease of 5-feet for Landscape in overlap of a landscape Palm Tran easement Palm Tran easement Easements buffer (with minimum 5- with 2-feet 2-inches

foot clear for planting) clear remaining for plantin~

VS.7 .D.12 Maximum 5-foot easement 12 feet 2 inches 100 percent easement Landscape in overlap of a landscape overlap for utility overlap for utility Easements buffer (with minimum 5- easement easement with no

foot clear for planting) minimum for plantin VS.7 .D.11 Minimum 1 tree or palm o trees or palm in the Elimination of tree or Foundation Planting per 20-feet of building foundation planting palm within foundation

facade in foundation area along the west planting area along the plantin~ areas facade west facade

SITUS ADDRESS: 5028 Okeechobee Blvd West Palm Beach 33417

OWNER NAME & Bw Okeechobee Haverhill Ii Llc ADDRESS 3708 W Swann Ave , Ste 1159

Tampa , FL 33609

PCN : 00-42-43-26-00-000-1210 I SITIR: 26-43-42

BCC DISTRICT: 2

PROJECT Donna Adelsperger, Site Planner I MANAGER:

ZONING DISTRICT General Commercial (CG)

LAND USE: Commercial High (CH/8)

CONTROL #: 1999-10033

LOT AREA: 1 .59 acres +1-

APPLICANT to allow 24-hour operation within 250 feet of a Residential Future Land Use REQUEST (FLU) designation or use; to allow a reduction in width of foundation

planting along both the east and west facades ; to eliminate trees in the foundation planting along the west facade ; to allow more than a 5-foot overlap of two easements into a landscape buffer.

Application No. ZV-2017 -02234 Contro l No. 1999-10033 Project No. 09999-000

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