RESOLUTION NO. ZR-2017- 033

RESOLUTION APPROVING ZONING APPLICATION ZV/CB-2016-01642 (CONTROL NO. 1996-00026)

a Class B Conditional Use Application of Jaha Boca LLC

By Jon E Schmidt & Associates , Agent (KFC / Jack's Restaurant)

WHEREAS, the Zoning Commission , pursuant to Article 2 (Development Review Process) 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 (Development Review Procedures) of the ULDC have been satisfied ;

WHEREAS, Zoning Application ZV/CB-2016-01642 was presented to the Zoning Commission at a public hearing conducted on August 3, 2017;

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 Class B Conditional Use;

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 2A 1. K.3.a (Action by ZC) 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/CB-2016-01642, the Application of Jaha Boca LLC, by Jon E Schmidt & Associates , Agent, for a Class B Conditional Use to allow a Type I Restaurant with Drive-through (Building B) , 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 August 3, 2017, subject to the Conditions of Approval described in EXHIBIT C, attached hereto and made a part hereof.

Application No. ZV/CB-2016-01642 Control No. 1 996-00026 Project No. 05658-000

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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 :

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

The Chair thereupon declared the resolution was duly passed and adopted on August 3, 2017.

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

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By fLg9fGV> COUNTY ATTORNEY

Application No. ZV/CB-2016-01642 Control No. 1996-00026 Project No. 05658-000

PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS

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EXHIBIT A

LEGAL DESCRIPTION PARCEL 1 A PARCEL OF LAND IN SECTION 29, TOWNSHIP 43 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN THE NORTH LINE OF SECTION 29, AT A DISTANCE 361 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE SECTION LINE A DISTANCE OF 150 FEET; THENCE SOUTHERLY, AT RIGHT ANGLES TO THE PRECEDING COURSE, A DISTANCE OF 235 FEET; THENCE WESTERLY, PARALLEL TO SAID SECTION LINE, A DISTANCE OF 151.23 FEET, MORE OR LESS, TO A POINT IN A LINE RUNNING SOUTHERLY FROM THE POINT OF BEGINNING, PARALLEL TO THE WEST LINE OF SAID SECTION 29; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 235 FEET TO THE POINT OF BEGINNING. SUBJECT TO THE RIGHT-OF-WAY OF OKEECHOBEE ROAD AS NOW LAID OUT AND IN USE. CONTAINING 29,588 SQUARE FEET, OR 0.68 ACRES PARCEL 2 BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OKEECHOBEE ROAD FIVE HUNDRED THIRTY-NINE AND TWENTY-SIX ONE HUNDREDTHS FEET (539.26') WEST OF A POINT WHICH IS THIRTY-FIVE FEET (35') SOUTH AND ONE HUNDRED FIFTY FEET (150') WEST OF THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 29, TOWNSHIP 43 SOUTH , RANGE 43 EAST AND RUNNING IN A WESTERLY DIRECTION ALONG THE SOUTH RIGHT-OF-WAY LINE OF OKEECHOBEE ROAD A DISTANCE OF ONE HUNDRED FIFTY FEET (150') TO A POINT; THENCE IN A SOUTHERLY DIRECTION AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF OKEECHOBEE ROAD A DISTANCE OF ONE HUNDRED FIFTY FEET (150') TO A POINT; THENCE IN A EASTERLY DIRECTION A DISTANCE OF ONE HUNDRED FIFTY FEET (150') TO A POINT; THENCE IN A NORTHERLY DIRECTION OF ONE HUNDRED FIFTY FEET (150') TO THE POINT OF BEGINNING, SAID PROPERTY BEING FURTHER DESCRIBED AS BEING A PARCEL OF LAND IN SECTION 29, TOWNSHIP 43 SOUTH , RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; LESS AND EXCEPT RIGHT OF WAY OF OKEECHOBEE BOULEVARD AS LAID OUT AND IN USE AND AS DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 7335, PAGE 1349, AND AS SHOWN IN ROAD PLAT BOOK 8, PAGE 57, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA

CONTAINING 22,482.45 SQUARE FlEET 0.516 ACRE MORE OR LESS. TOTAL AREA, 52 ,080.40 SQUARE FEET 1.20 ACRE MORE OR LESS.

Application No. ZV/C8-2016-01642 Control No. 1996-00026 Project No. 05658-000

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EXHIBIT B

VICINITY SKETCH

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EXHIBIT C

CONDITIONS OF APPROVAL

Conditional Use Class B - Type I Restaurant with Drive-through Building B

ALL PETITIONS 1. The approved Preliminary Site Plan is dated June 15, 2017 . 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)

ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31 , 2018. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (DATE: MONITORING - Engineering)

2. Prior to the issuance of the first building permit, the Property Owner shall configure the property into a legal lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering)

3. Neither of the two restaurants shall be open for business before 10 am. A Restrictive Covenant, including a clause requiring any changes be approved by the County Engineer, must be prepared reflecting this restriction on hours of operation and accepted by the County Engineer and County Attorney prior to final site plan approval. (ORO/ONGOING: ENGINEERING - Engineering)

4. Prior to Fnal Site Plan Approval , the Property Owner must obtain a revised conceptual driveway approval letter from the FOOT that matches the current site plan. If the FOOT approval for the driveway is different from that shown on the current site plan , the application may be required to go through the Public Hearing process again with a revised site plan. (ORO: ENGINEERING - Engineering)

LANDSCAPE - PERIMETER 1. LANDSCAPING ALONG THE NORTH PROPERTY LINE (ABUTIING OKEECHOBEE BOULEVARD) In addition to the Code requirements , landscaping and/or buffer width along the north property line shall be upgraded to include: a. a minimum six (6) foot high continuous hedge at time of installation . (BLDGPMT: ZONING - Zoning)

LIGHTING 1. All outdoor lighting shall be extinguished no later than 11 :30 p.m. excluding security lighting only. (ONGOING: CODE ENF - Zoning)

PLANNING 1. Prior to Final Approval by the Development Review Officer (ORO), the Property Owner shall submit a recorded cross access easement agreement for both of the locations at the southwest corner and eastern side of the site as depicted on the site plans. (ORO: PLANNING - Planning)

2. Prior to the Issuance of the first Certificate of Occupancy, the Property Owner shall pave the vehicular and pedestrian cross access connection to the edge of the east and west property lines. The cross-access connection shall be consistent with the location that is shown on the Final Site Plan approved by the Development ReView Officer. (CO: MONITORING - Planning)

Application No. ZV/CB-2016-01642 Control No. 1996-00026 Project No. 05658-000

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SITE DESIGN 1. Prior to Final Approval by the Development Review Officer, the Final Site Plan shall be revised to identify the westernmost Restaurant as Build ing A and the easternmost Restau rant as Bu ild ing B. (ORO: ZONING - Zoning)

USE LIMITATIONS 1. Construction traffic shall be prohibited from utilizing Manor Avenue to access the subject property. (ONGOING CODE ENF - Zoning)

COMPLIANCE 1. In Granting th is Approva l, 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 Zoning Commission for review under the Compliance Condition of this Approval. (ONGOING: MONITORING - Zoning)

2. Fai lure 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 of Approval ; 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, Cond itional 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 Cond ition of Approval. (ONGOING: MONITORING - Zoning )

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

Application No. ZV/CB-2016-01642 Control No. 1996-00026 Project No. 05658-000

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