RESOLUTION NO. ZR-2009-002

RESOLUTION APPROVING ZONING APPLICATION ZV-2008-01696 CONTROL NO. 2003-00099

TYPE II VARIANCE (STAND ALONE) APPLICATION OF Lantana Plaza Development L1c & - Mark Levin

BY Land Design South, Inc., AGENT (LANTANA PLAZA/PLACE)

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 ZV-2008-01696 was presented to the Zoning Commission at a public hearing conducted on January 9, 2009; 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.

NOW, THEREFORE, BE IT RESOLVED BY THE ZONING COMMISSION OF

Application No. ZV-2008-01696 Control No. 2003-00099 Project No. 05001-001

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PALM BEACH COUNTY, FLORIDA, that Zoning Application ZV-2008-01696, the application of Lantana Plaza Development Llc & - Mark Levin, by Land Design South, Inc., agent, for a Type II Variance to allow a minimum 5 foot overlap easement into the right-of-way buffer along the south and the west property lines, 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 9, 2009, 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 Hyman moved for the approval of the Resolution.

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

William Anderson, Chair Sherry Hyman, Vice Chair Allan Kaplan AI Zucaro Sheri Scarborough Joanne Davis Alex Brumfield III Kelley Armitage Richard Bowman

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Application No. ZV-2008-01696 Control No. 2003-00099 Project No. 05001 -001

Aye Aye

Absent Aye Aye Absent Aye Aye Aye

PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS

BY.~ CHAIR

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EXHIBIT A

LEGAL DESCRIPTION

A PORTION OF TRACTS 14 AND 15 OF THE SOUTHWEST ONE-QUARTER PLAT OF SECTION 36, TOWNSHIP 44 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 3, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 36, TOWNSHIP 44 SOUTH, RANGE 42 EAST; THENCE N 02 08' 51" E ALONG THE WEST LINE THEREOF, A DISTANCE OF 111.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 020 08' 51" E ALONG THE EAST LINE OF SAID SECTION 36, SAID LINE BEING THE WEST LINE OF SAID TRACTS 14 AND 15, A DISTANCE OF 784.66 FEET TO THE POINT OF CURVE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, OF WHICH THE RADIUS POINT LIES S 860 34' 45" E, A RADIAL DISTANCE OF 18,154.93 FEET; THENCE NORTHERLY ALONG THE ARC OF THE WEST RIGHT-OF-WAY LINE OF HAVERHILL ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 12022, PAGES 197 THROUGH 218 OF SAID PUBLIC RECORDS, THROUGH A CENTRAL ANGLE OF 01014' 51", A DISTANCE OF 395.29 FEET; THENCE N 04040' 06" E ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 41.51 FEET; THENCE N 48016' 56" E ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 34.49 FEET; THENCE S 880 06' 15" E, A DISTANCE OF 296.29 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF LANTANA PALMS, P.U.D., AS RECORDED IN PLAT BOOK 77, PAGES 91 AND 92 OF SAID PUBLIC RECORDS; THENCE S 020 06' 14" W ALONG SAID WEST LINE, A DISTANCE OF 1,284.61 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF LANTANA ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 14139, PAGES 1806 THROUGH 1808 OF SAID PUBLIC RECORDS; THENCE N 76002' 53" W ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 7.28 FEET; THENCE N 880 30' 01" W ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 289.48 FEET; THENCE N 43010' 35" W ALONG THE EAST RIGHT­OF-WAY LINE OF HAVERHILL ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 12022, PAGES 197 THROUGH 218 OF SAID PUBLIC RECORDS, A DISTANCE OF 56.89 FEET TO THE POINT OF BEGINNING.

CONTAINING 427,861 SQUARE FEET /9.822 ACRES, MORE OR LESS.

Application No. ZV-2008-01696 Control No. 2003-00099 Project No. 05001-001

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EXHIBIT B

VICINITY SKETCH

PALM BEACH COUNTY ZONING QUADNICINITY SKETCH

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Application No. ZV-2008-01696 Control No. 2003-00099 Project No. 05001-001

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EXHIBIT C

CONDITIONS OF APPROVAL

VARIANCE 1.The Develpment Order for this non-concurrent variance shall be tied to this

Development Order Amendment for Application No. 2008-1371. 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: ZONING-Zoning)

COMPLIANCE

1. In granting this approval, the Board of County Commissioners 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 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; 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.

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)

Application No. ZV-2008-01696 Control No. 2003-00099 Project No. 05001-001

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EXHIBIT D

VARIANCE REQUEST

APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV-2008-01696 Article 3, Chapter E, No overlap or 5' easement 5' easement

Section 3.E.3.B.2.c, easement overlap in the overlap in the Landscape Buffers encroachment R-O-W buffer R-O-W

shall be buffer along permitted in the south R-O-W buffers (Lantana

Road) and west (Haverhill Road) property lines

SITUS ADDRESS: 4965 Lantana Rd Lake Worth 33463

OWNER NAME & Mark Levin ADDRESS: 20533 Biscayne Blvd

Miami FL 33180 PCN: 00-42-44-36-09-014-0030

00-42-44-36-09-014-0020 ZONING DISTRICT: MUPD

BCC DISTRICT: 03

PROJECT Joyce Lawrence, Site Planner II MANAGER: LAND USE: CL CLX I SIT IR: 36-44-42

CONTROL #: 2003-00099

LOT AREA: 9.82 acres +1-

APPLICANT to allow a minimum 5 foot overlap easement into the right-of-way buffer REQUEST: along the south and the west property lines

Application No. ZV-2008-01696 Control No. 2003-00099 Project No. 05001-001

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