RESOLUTION NO. ZR-2019-018

RESOLUTION APPROVING ZONING APPLICATION ZV/DOA-2018-01003 (CONTROL NO. 2000-00020)

TYPE II VARIANCE (CONCURRENT) APPLICATION OF PS Florida One, Inc.

BY Keith and Associates, Inc. , Saul Ewing Arnstein & Leher LLP, AGENT (CYPRESS LAKE PRESERVE MUPD)

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/DOA-2018-01003 was presented to the Zoning Commission at a public hearing conducted on June 6, 2019;

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 2 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 liabil ity 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, this approval shall only become effective upon the adoption of a resolution approving Zoning Application ZV/DOA-2018-01003 by the Board of County Commissioners;

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/DOA-2018-01003, the Application of PS Florida One, Inc., by Keith and Associates, Inc., Saul Ewing Arnstein & Leher LLP, Agent, for a Type 2 Variance to reduce a Right of Way (R-O-W) Buffer width; eliminate foundation planting ; and, increase the utility easement overlap in a R-O­W 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 June 6, 2019, subject to the Conditions 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.

Application No. ZV/DOA-2018-01003 Page 1 Control No. 2000-00020 Project No. 05623-000

Commissioner Caliendo moved for the approval of the Resolution.

The motion was seconded by Commissioner _____ K ___ e __ rn _____ and, upon being put to a vote, the vote was as follows:

Sheri Scarborough, Chair Yes Sam Caliendo, Vice Chair Yes Amir Kanel Yes John Kern Yes Marcelle Griffith Burke Absent Alex Brumfield 111 Yes Mark Beatty Yes Robert Currie Yes

Filed with the Palm Beach County Zoning Division on ___ J u n e .... __ 2 0 __ ___ _ .... __ __ 6 , __ ___ 19

This resolution shall not become effective unless or until the effective date of the resolution approving Zoning Application No. ZV/DOA-2018-01003 by the Board of County Commissioners.

APPROVEDASTOFORM PALM BEACH COUNTY, FLORIDA AND LEGAL SUFFICIENCY BY ITS ZONING COMMISSIONERS

Application No. ZV/DOA-2018-01003 Page 2 Control No. 2000-00020

Project No. 05623-000

EXHIBIT A

LEGAL DESCRIPTION

PARCEL 1: ALL OF CYPRESS LAKES PRESERVE MUPD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 100, AT PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

PARCEL 2: NON-EXCLUSIVE EASEMENT FOR SANITARY SEWER UTILITY PURPOSES FOR THE BENEFIT OF PARCEL 1 CREATED BY AND MORE PARTICULARLY DESCRIBED IN THE LIFT STATION AND SANITARY SEWER EASEMENT AGREEMENT RECORDED IN O.R. BOOK 13235 PAGE 990 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

PARCEL 3: NON-EXCLUSIVE EASEMENT FOR DRAINAGE PURPOSES FOR THE BENEFIT OF PARCEL 1 CREATED BY AND MORE PARTICULARLY DESCRIBED IN THE DRAINAGE AND FLOWAGE EASEMENT AND LAKE MAINTENANCE AGREEMENT RECORDED IN 0 . R. BOOK 13235, AT PAGE 10161 AS AMENDED BY THE CORRECTIVE DRAINAGE AND FLOWAGE EASEMENT AND LAKE MAINTENANCE AGREEMENT RECORDED IN O.R. BOOK 15135 PAGE 833, AS AMENDED BY THE SECOND CORRECTIVE DRAINAGE AND FLOWAGE EASEMENT AND LAKE MAINTENANCE AGREEMENT RECORDED IN O.R. BOOK 15548 PAGE 1045 ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

PARCEL 4: NON-EXCLUSIVE EASEMENT FOR THE RIGHT OF WAY OF PEDESTRIANS AND VEHICULAR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 CREATED BY AND MORE PARTICULARLY DESCRIBED IN THE CROSS ACCESS EASEMENT RECORDED IN O.R. BOOK 16025 PAGE 109, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

SAID LANDS LYING IN UNINCORPORATED , PALM BEACH COUNTY, FLORIDA AND CONTAINING 252,930 SQUARE FEET OR 5.806 ACRES, MORE OR LESS.

Application No. ZV/DOA-2018-01003 Page 3 Control No. 2000-00020

Project No. 05623-000

EXHIBIT B

VICINITY SKETCH

~I'------------,-----\ \'---------'I L LAKE WORTH ROAD

N

Cl

~ 0::: Cl) z 0 >­....J

CYPRESS LAKES PRESERVE DRIVE

THIS SITE

LANTANA ROAD

I

Application No. ZV/DOA-2018-01003 Page4 Control No. 2000-00020

Project No. 05623-000

EXHIBIT C

CONDITIONS OF APPROVAL

Type 2 Variance - Concurrent

ALL PETITIONS 1. The approved Preliminary Site Plan is dated March 25, 2019. 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 Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning)

2. This Variance is approved for the Limited Access Self Service Storage facility. Any change to the use shall require reconsideration of the Variance by the Zoning Commission.

3. 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: BUILDING DIVISION - Zoning)

4. Prior to the issuance of the building permit for the 111,858 square-foot building, the Property Owner shall provide a consent letter from the easement holder to the Zoning Division allowing landscaping within the 22.97-foot wide Right-of-Way easement located in the Right-of-Way Buffer abutting State Road 7/441 . Alternatively, the Property Owner may provide proof of abandonment of the referenced easement. (BLDGPMT: ZONING -Zoning)

LANDSCAPE - INTERIOR 1. A minimum of 813 square feet of Foundation Planting shall be provided along the south facade of the proposed 111 ,838 square foot Limited Access Self Service Storage building, to be generally consistent with the Preliminary Site Plan dated March 25, 2019. (ONGOING: ZONING - Zoning)

COMPLIANCE 1. In Granting this Approval , the Board of County Commissioners 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)

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, o~ner, 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, Developme~t Order Amendment, and/or any other Zoning Approval; and/or, c. A reqwrement of the development to conform with the standards of the Unified Lan~ _De~elopment Code at the time of the finding of non-compliance, or the addition or mod1f_1~at1on of Conditions reasonably related to the failure to comply with existing Cond1t1ons; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity.

Application No. ZV/DOA-2018-01003 Page 5 Control No. 2000-00020

Project No. 05623-000

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.

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EXHIBIT D

REQUEST

TYPE 2 VARIANCE SUMMARY ULDC Article Required Proposed Variance

V.1 Art. 7.C.5.A, Easements in Landscape Buffers

0 ft. overlap with in required 20 ft . R-O-W Buffer for SR7 /441

17. 97 ft . overlap for R-O-W Buffer easement

+17.97 ft .

V.2 Art. 7.C.5.A, Easements in Landscape Buffers

Maximum 5 ft . overlap allowed for utility easement

10 ft . overlap for R-O-W Buffer utility easement.

+5 ft .

V.3 7.C.3.B, Foundation Planting - Facades to be Planted

Front and Side Facades

Front and east side of the 111 ,858 sq . ft . 3-story building (with additional Foundation Planting to be added to rear of building [south facade]) .

No Foundation Planting along west side of building .

SITUS ADDRESS: 5359 S State Road 7 Lake Worth 33449 54 79 S State Road 7 Lake Worth 33449

OWNER NAME & ADDRESS:

PS Florida One, Inc. 701 Western Ave Glendale, CA 91201-2349

PCN : 00-41-44-36-08-001-0000 ZONING DISTRICT: MUPD BCC DISTRICT: 6 PROJECT MANAGER: Carolina Valera , Senior Site Planner LAND USE: CL/2 I SIT /R: 36-44-41 CONTROL#: 2000-00020 LOT AREA: 5.81 acres+/-APPLICANT REQUEST: to reduce a Right of Way (R-O-W) Buffer width; eliminate foundation

plantinq ; and , increase the utility easement overlap in a R-O-W Buffer.

Application No. ZV/DOA-2018-01003 Page 7 Control No. 2000-00020 Project No. 05623-000