RESOLUTION NO. ZR-2012-006

RESOLUTION APPROVING ZONING APPLICATION ZV/CA-2011-00942 (CONTROL NO. 201 1-00049)

TYPE II VARIANCE (CONCURRENT) APPLICATION OF Palm Beach County Project LLC

BY Gentile Glas Holloway O'Mahoney & Assoc Inc., AGENT (SUGARLAND WIND)

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/CA-2011-00942 was presented to the Zoning Commission at a public hearing conducted on March 1, 2012; 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 of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and

WHEREAS, this approval shall only become effective upon the adoption of a resolution approving Zoning Application ZV/CA-2011-00942 by the Board of County Commissioners; and

WHEREAS, the Zoning Commission hereby incorporates by reference the Findings of Facts in the staff report addressing the standards contained in Article 2.B.3.E.

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 ZV/CA-2011-00942, the application of Palm Beach County Project LLC, by Gentile Glas Holloway O'Mahoney & Assoc Inc. , agent, for a Type II Variance to to allow a reduction in setbacks for a non­residentia l project boundary and public right-of-way. , 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 March 1, 2012, subject to the condit ions 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.

Commissioner __________ moved for the approval of the Resolution.

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

Application No. ZV/CA·2011·00942 Control No. 2011-00049 Project No. 09999-999

Page 1

Sherry Hyman, Chair Sheri Scarborough, Vice Chair Jennifer Backsi Wil liam Anderson Sam Caliendo Joanne Davis Alex Brumfield III Mark Beatty Robert Currie

Filed with the Clerk of the Zoning Division on _ _ _______ _

This resolution shall not become effective unless or until the effective date of the resolution approving Zoning Application No. ZV/CA-2011-00942.

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Application No. ZV/CA·2011-00942 Control No. 2011-00049 Project No. 09999-999

PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS

BY: -I-iWf-4----

Page 2

EXHIBIT A

LEGAL DESCRIPTION

LEGAL DESCRIPTION - LANDS OWNED BY HUNDLEY FARMS, INC. ALL OF SECTION 23, TOWNSHIP 44 SOUTH, RANGE 38 EAST, PALM BEACH COUNTY, FLORIDA.

TOGETHER WITH AN EASEMENT FOR INGRESS/EGRESS OVER THE "KING RANCH ROAD EASEMENT" AND AN EASEMENT FORDRAINAGEOVERTHE"DOUBLEDFARMSCANAL",BOTHASDESCRIBEDIN THAT CERTAIN DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONSASRECORDEDINO.R.BOOK11524,PAGE 351 , OF THE PUBLICRECORDS OF PALM BEACH COUNTY, FLORIDA.

LEGAL DESCRIPTION - LANDS OWNED BY WEDGWORTH FARMS, INC. ALLOFSECTIONS26 AND 27, TOWNSHIP 44 SOUTH, RANGE 38 EAST, AND THAT PART OF SECTIONS 28 AND 29,TOWNSHIP 44 SOUTH, RANGE 38EAST,L YINGNORTHANDEASTOFTHE HILLSBORO CANAL AND CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT RIGHT-OF-WAY IN TOWNSHIP 44 SOUTH, RANGE 38 EAST, PALM BEACH COUNTY, FLORIDA.

LEGAL DESCRIPTION - LANDS OWNED BY A. J. SULLIVAN OF FLORIDA, INC. ALL OF SECTION 25. TOWNSHIP 44 SOUTH, RANGE 38 EAST.

TOGETHER WITH A NON-EXCLUSIVE PERPETUAL EASEMENT TO GRANTEE, ITS SUCCESSORS AND ASSIGNS FORINGRESSANDEGRESS,FOR PUBLIC UTILITIES, AND FOR IRRIGATION AND DRAINAGE OVER THE ROCK ROADS AND CANAL ONTHE LAND DESCRIBED AS FOLLOWS:

A 100-FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESSANDEGRESSFOR PUBLIC UTILITIES AS WELL AS FORIRRIGATION AND DRAINAGE USING THE EXISTING ROADS AND MAIN CANALWITHINSECTIONS34,35AND36,TOWNSHIP44S0UTH,RANGE38EAST,PALM BEACH COUNTY, FLORIDA; THE CENTERLINE OF SAID EASEMENTDESCRIBED AS FOLLOWS:BEGINNING AT THEINTERSECTIONOFTHEWEST LINE OF SECTION 34, TOWNSHIP 44S0UTH, RANGE 38 EAST WITH THE NORTHEASTERLY RIGHT­OF-WAY LINE OF HILLSBORO CANAL (L-15) AS NOWLAIDOUTANDIN USE, NOVEMBER 7, 1985; THENCE EASTERLY ALONG THE EAST-WEST QUARTER­SECTION LINE OF SAID SECTION 34, TO THE EAST LlNETHEREOF;THENCEEASTERL Y ALONG THE EAST-WEST QUARTER-SECTION LINE OFSECTION 35,TOWNSHIP 44 SOUTH, RANGE 38 EAST TO THE EAST LINE OF SAID SECTION35;THENCEEASTERL Y2500FEETMORE OR LESS, ALONG THE EAST-WEST QUARTER-SECTION LINE OF SECTION 36, TOWNSHIP 44 SOUTH,RANGE 38 EAST; THENCE NORTHERLY 2400 FEET MORE ORLESS, ALONG A LINE PARALLEL WITH THE WEST LINE OFSAID SECTION 36; THENCE NORTHEASTERLY, BEARING APPROXIMATELY NORTH 45' EAST TO A POINT ON THENORTHLINEOFSECTION36,TOWNSHIP44S0UTH,RANGE 38 EAST AND THE END OF THE HEREINABOVE DESCRIBEDCENTERLlNE.THE SIDE LINES OF SAID 100-FOOTWIDEEASEMENTTO BE EXTENDED OR SHORTENED TO MEET ATANGLE POINTS AND TO BEGIN AT THE NORTHEASTERLY RIGHT-OF-WAY LINE OF HILLSBORO CANAL AND TO TERMINATEAT THE NORTH LINE OF SECTION 36, TOWNSHIP 44 SOUTH, RANGE 38 EAST. (THE INTENT OFTHISDESCRIPTIONIS TO CONFORM THE EASEMENT WITH THE EXISTING CANALS AND ROADS, THIS DESCRIPTION WAS PREPARED WITHOUTA LOCATION SURVEY OF THE EXISTING CANALS AND ROADS.)

LEGAL DESCRIPTION - LANDS OWNED BY GESTION PRO VEG, INC.

ALL OF SECTIONS 33 AND 34, TOWNSHIP 44 SOUTH, RANGE 38 EAST, PALM

Application No. ZV/CA·20 11-00942 Control No. 2011 -00049 Project No. 09999-999

Page 3

BEACH COUNTY, FLORIDA, LYING NORTHANDEASTOFTHEHILLSBOROCANAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT (NOW KNOWN AS SOUTHFLORIDA WATER MANAGEMENT DISTRICT) RIGHT-OF-WAY.

LEGAL DESCRIPTION - LANDS OWNED BY CYPRESS LAND HOLDINGS, BELLE GLADE, LLC ALL OF SECTIONS 35 AND 36, TOWNSHIP 44 SOUTH, RANGE 38 EAST, PALM BEACH COUNTY, FLORIDA.

LEGAL DESCRIPTION - LANDS OWNED BY MIAMI SOD COMPANY,A FLORIDA CORPORATION

PARCEL 1:

THEWEST3/40F SECTION 2, TOWNSHIP 45 SOUTH, RANGE 38 EAST, LYING NORTHEASTERLY OF THE HILLSBOROCANAL, AND BEING IN PALM BEACH COUNTY, FLORIDA.

PARCEL 2:

ALL OF SECTION 3, TOWNSHIP 45 SOUTH, RANGE 38 EAST, LYING NORTH AND EAST OF THE HILLSBORO CANAL, ANDBEING IN PALM BEACH COUNTY, FLORIDA, LESS THE W 1/4 OF THE NW 1/4 OF THE NE 1/4.

PARCEL 3:

THE WEST 3/4 OF THE N 1/2 OF SECTION 11 ,TOWNSHIP45 SOUTH, RANGE 38 EAST, LYING NORTH AND EAST OFTHE HILLSBORO CANAL, AND BEING IN PALM BEACH COUNTY, FLORIDA.

PARCEL 4:

THAT PART OF THE S 1/2 OF SECTION 11, TOWNSHIP 45 SOUTH, RANGE 38 EAST, LYING NORTHEASTERL YOFTHENORTHEASTERL YRIGHT-OF­WAYLINEOFTHEHILLSBORO CANAL (L-15), AND NORTHWESTERLY OF THE SHAWANODRAINAGE DISTRICT'S MAIN PUMP CANAL, AND BEING IN PALM BEACH COUNTY, FLORIDA.

(TOGETHER WITH THE NORTH HALF OF THE MAIN PUMP CANAL AS DESCRIBED IN DEED BOOK 831, PAGE 369, PUBLICRECORDS OF PALM BEACH COUNTY, FLORIDA, LYING WITHINTHEWEST 3/4 OF SECTION 11 , TOWNSHIP 45 SOUTH,RANGE 38 EAST.)

(THE ABOVE DESCRIBED PARCELS INCLUDE SHAWANO DISTRICT RIGHT-OF­WAY AS DESCRIBED INDEEDBOOK831 ,PAGE 369 , PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.)

LEGAL DESCRIPTION - LANDS OWNED BY MIAMI SOD COMPANY,A FLORIDA CORPORATION THEW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 3,TOWNSHIP 45 SOUTH, RANGE 38 EAST, LYING NORTH ANDEAST OF THE HILLSBORO CANAL, AND BEING IN PALM BEACH COUNTY.

(THE ABOVE DESCRIBED PARCEL INCLUDES SHAWANO DISTRICT RIGHT-OF­WAY AS DESCRIBED INDEEDBOOK831 ,PAGE 369 , PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.)

Application No. ZV/CA·2011-00942 Control No. 2011-00049 Project No. 09999·999

Page 4

Lake

.Jr~Belle

Glade I::louth,./ Bay

Location Map

EXHIBIT B

VICINITY SKETCH

Project _dZ

Site

Project Site

Palm Beach County Project, LLC Palm Beach County, Florida

Application No. ZV/CA-2011-00942 Control No. 2011·00049 Project No. 09999-999

Project Site

Arthur R.

Marshall Refuge

-_ ............. ...... ""._""""""' ........ -.-

Page 5

EXHIBIT C

CONDITIONS OF APPROVAL

VARIANCE 1.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 site plan to the Building Division. (BLDG PERMIT:ZONING-Landscape)

2.At time of submittal for final approval by the Development Review Officer (DRO), the approved Variance(s) and any associated Conditions of Approval shall be reflected on the site plan. (DRO:ZONING-Zoning)

3. The Develpment Order for this variance shall be tied to the Time Limitations of the Development Order for (ZC/CA 2011-942) (ONGOING: MONITORING - Zoning)

4.ln 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 compl iance condition of this approval. (ONGOING: MONITORING - Zoning)

5.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 (CO); 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 Unified Land Development Code (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 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/CA-2011 -00942 Control No. 2011 -00049 Project No. 09999-999

Page 6

APPLICATION NO. 11

OWNER NAME & ADDRESS:

PCN:

EXHIBIT D

REQUEST

CODE SECTION I 4. 1.A, Min. 1.5 x 476'

Renewable Wind 714' Energy Setbacks -Non-residential

1.1 x 476' 524'

190'

4540 Browns Farm Rd Clewiston 33440 5480 Browns Farm Rd Clewiston 33440 5505 Browns Farm Rd Clewiston 33440 23530 Dairy Rd Belle Glade 33430 8101 Browns Farm Rd Clewiston 33440

Po Box H Loxahatchee FL 33470

A Sullivan Po Box 460 Belle Glade FL 33430

Po Box 2076 Belle Glade FL 33430

147 Rang St JOL

Po Box 80090 Salinas CA 93912

Sad Miami 7791 NW 146th St Miami Lakes FL 33016

00-38-44-25-00-000-9000; 00-38-44-26-00-000-9000 ; 00-38-44-27-00-000-9000 ; 00-38-44-28-00-000-1000; 00-38-44-32-00-000-9000; 00-38-44-33-00-000-1000; 00-38-44-33-00-000-7000; 00-38-44-34-00-000-1000; 00-38-44-35-00-000-9000 ; 00-38-44-36-00-000-9000 ; 00-38-45-02-00-000-9000; 00-38-45-03-00-000-1000 ; 00-38-45-03-00-000-1010; 00-38-45-03-00-000-7010; 00-38-45-04-00-000-101 0;

00-38-45-11-00-000-3010; 00-38-45-11-00-000-7000; 00-38-45-11-00-000-7010; 00-38-45-11 -00-000-7020 ; 00-38-45-13-00-000-7000 ; 00-38-45-13-00-000-7011 ; 00-38-45-13-00-000-7012; 00-38-45-13-00-000-7030; 00-38-45-14-00-000-1010; 00-38-45-14-00-000-5000; 00-38-45-14-00-000-5100; 00-38-45-14-00-000-5200; 00-38-45-19-00-000-1000; 00-38-45-20-00-000-9000; 00-38-45-20-00-000-9010; 00-38-45-21-00-000-3000;

Application No. ZV/CA-2011-00942 Control No. 2011-00049

Page 7

Project No. 09999-999

00-38-45-05-00-000-1010; 00-38-45-23-00-000-3000; 00-38-45-05-00-000-1 020; 00-38-45-24-00-000-3000; 00-38-45-09-00-000-9000; 00-38-45-24-00-000-3010; 00-38-45-10-00-000-1000; 00-38-45-29-00-000-3000; 00-38-45-10-00-000-3000; 00-38-44-29-00-000-1020 00-38-45-11 -00-000-3000;

ZONING DISTRICT: AP

BCC DISTRI CT: 06

PROJECT Autumn Sorrow, Senior Site Planner MANAGER:

LAN D USE: AP SITIR: 32-44-38 34-44-38 35-44-38 03-45-38 04-45-38 05-45-38 14-45-38 23-44-38 25-44-38 02-45-38 24-45-38 26-44-38 27-44-38 33-44-38 10-45-38 13-45-38 29-45-38 29-44-38 09-45-38 36-44-38 11-45-38 19-45-38 20-45-38 21 -45-38 28-44-38 23-45-38

CONTROL #: 201 1-00049

LOT AREA: 12887.94 acres +1-

APPLICANT to allow a reduction in setbacks for a non-residential project boundary and REQUEST: . public right-ol-way.

Application No. ZV/CA-2011·00942 Control No. 2011-00049 Project No. 09999-999

Page 8