resolution no. zr-2012-015 resolution approving …discover.pbcgov.org › pzb › zoning ›...

RESOLUTION NO. ZR-2012-015

RESOLUTION APPROVING ZONING APPLICATION ZV-2012-00981 CONTROL NO. 2006-00550

TYPE II VARIANCE (STANO ALONE) APPLICATION OF Boynton Beach Associates XXIII LLLP

BY Urban Design Kilday Studios, AGENT (TRAILS AT CANYON AGR PUD)

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-2012-00981 was presented to the Zoning Commission at a public hearing conducted on June 7, 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, the Zoning Commission hereby finds that the Zoning application meets all the standards contained in Article 2.B.3.E; and

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-2012-00981, the application of Boynton Beach Associates XXIII LLLP, by Urban Design Kilday Studios, agent, for a Type II Variance to allow an increase in building coverage for single story single-family units within Pods D and E of the Trails at Canyon Agricultural ReservePlanned Unit Development (AGR-PUD), 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 June 7, 2012, 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.

Commissioner Resolution.

moved for the approval of the

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

Sheri Scarborough, Chair Alex Brumfield III , Vice Chair Jennifer L. Bakcsi Sherry Hyman William Anderson Sam Caliendo Joanne Davis Robert Currie

Application No. ZV-2012-00981 Control No. 2006-00550 Project No. 05772-000

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Beatty

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Anderson

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Aye Aye Aye Deny Aye Aye Deny Absent

Mark Beatty

The Chair thereupon declared the resolution was duly passed and adopted on June 7,2012.

Filed with the Clerk of the Zoning Division on _________ _

This resolution is effective when filed with the clerk of the Palm Beach County Zoning Division.

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY~-V(J}!> OUN ATTORNEY


PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS

BY ~aj.M~~ / CHAIR

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Aye

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June 11, 2012

EXHIBIT A

LEGAL DESCRIPTION

DESCRIPTION FOR TRAILS AT CANYON-PLAT FIVE:

BEING A PORTION OF TRACTS 2 THROUGH 6, 27 THROUGH 29 AND TRACTS 34 THROUGH 36, ALL OF TRACTS 30 AND 31 AND A PORTION OF A ROAD, DYKE AND DITCH RESERVATION, 30.00 FEET IN WIDTH, ALL LYING WITHIN BLOCK 59, PALM BEACH FARMS COMPANY PLAT NO.3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, OF THE PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 2; THENCE SOUTH 00°26'28" EAST ALONG THE EAST LINE OF SAID TRACT 2, A DISTANCE OF 35.64 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°26'28" EAST ALONG THE EAST LINE OF SAID TRACTS 2, 31 AND 34, A DISTANCE OF 1,494.36 FEET; THENCE SOUTH 89°33'32" WEST, A DISTANCE OF 55.00 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS SOUTH 89°33'32" WEST, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 136°33'22"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 71 .50 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 186.00 FEET AND A CENTRAL ANGLE OF 48°59'43"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 159.05 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 8r07'11" WEST, A DISTANCE OF 49.00 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 25°08'29"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 43.88 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 30°16'36"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 52.84 FEET, TO A POINT OF TANGENCY; THENCE NORTH 8r44'42" WEST, A DISTANCE OF 207.64 FEET; THENCE NORTH 84°12'50" WEST, A DISTANCE OF 253.30 FEET, TO A POINT OF CURVATURE OF A CURVECONCAVE NORTHEASTERLY, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 60°09'27"; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 31 .50 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE SOUTH 1rOO'31" WEST, A DISTANCE OF 46.24 FEET; THENCE NORTH 71°13'55" WEST, A DISTANCE OF 74.42 FEET; THENCE NORTH 28°28'12" WEST, A DISTANCE OF 36.71 FEET; THENCE NORTH 23°11'26" EAST, A DISTANCE OF 50.61 FEET; THENCE NORTH 61°31'48" EAST, A DISTANCE OF 5.46 FEET; THENCE NORTH 14°17'31" EAST, A DISTANCE OF 137.25 FEET, TO A POINT OF INTERSECTION WITH A NONTANGENT CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS NORTH 11°20'48" WEST, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 25°38'19"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 13.42 FEET TO A POINT OF TANGENCY; THENCE NORTH 75°42'29" WEST, A DISTANCE OF 101 .54 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 31°34'01"; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 55.09 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 28°48'06"; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 50.27 FEET, TO A POINT OF TANGENCY; THENCE NORTH 72°56'34" WEST, A DISTANCE OF 68.27 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 196.00


FEET AND A CENTRAL ANGLE OF 60°28'00"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 206.85 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 112°00'01"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 58.64 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE NORTH 86°49'30" WEST, A DISTANCE OF 72.47 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS NORTH 46°27'06" EAST, HAVING A RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 50°01 '59" ; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF ACME DAIRY ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 18673, PAGE 26 OF SAID PUBLIC RECORDS, A DISTANCE OF 27.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 06°29'05" EAST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF ACME DAIRY ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 18720, PAGE 1750 OF SAID PUBLIC RECORDS, A DISTANCE OF 1,014.58 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1,653.00 FEET AND A CENTRAL ANGLE OF 04°26'10"; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, AND SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 127.99 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE NORTH 89°36'36" EAST ALONG A LINE 35.64 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED AT RIGHT ANGLES TO) THE NORTH LINE OF SAID TRACTS 2 THORUGH 6, A DISTANCE OF 1,371.16 FEET TO THE POINT OF BEGINNING. CONTAINING 45.069 ACRES, MORE OR LESS.

TOGETHER WITH

DESCRIPTION FOR TRAILS AT CANYON -PLAT SIX:

BEING A PORTION OF TRACTS 27 THROUGH 29, TRACTS 34 THROUGH 36, 38, 59 AND ALL OF TRACTS 37 AND 60 THROUGH 63, AND A PORTION OF A ROAD, DYKE AND DITCH RESERVATION, 30.00 FEET IN WIDTH, ALL LYING WITHIN BLOCK 59, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, OF THE PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF TRACT 2, OF SAID BLOCK 59; THENCE SOUTH 00°26'28" EAST ALONG THE EAST LINE OF TRACTS 2, 31 AND 34 OF SAID BLOCK 59, A DISTANCE OF 1530.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°26'28" EAST ALONG THE EAST LINE OF SAID TRACTS 34 AND 63 A DISTANCE OF 1,141.06 FEET; THENCE SOUTH 89°36'33" WEST ALONG THE SOUTH LINE OF SAID TRACTS 59 THROUGH 63, A DISTANCE OF 1,409.23 FEET; THENCE NORTH 10°41 '03" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF ACME DAIRY ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 18720, PAGE 1750 OF SAID PUBLIC RECORDS, A DISTANCE OF 409.40 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 3,460.00 FEET AND A CENTRAL ANGLE OF 15°25'19"; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 931.31 FEET, TO A POINT COMPOUND CURVATURE WITH A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 50°42'29"; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID ACME DAIRY ROAD, AS RECORDED IN OFFICAIL RECORDS BOOK 18673, PAGE 26 OF SAID PUBLIC RECORDS, A DISTANCE OF 28.32 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 98°59'39" ; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 138.22 FEET, TO A POINT OF INTERSECTION WITH A NONTANGENT LINE; THENCE SOUTH 86°49'30" EAST, A DISTANCE OF 72.47 FEET, TO


A POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS NORTH 68°35'27" EAST FROM SAID POINT, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 112°00'01"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 58.64 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 196.00 FEET AND A CENTRAL ANGLE OF 60°28'00"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 206.85 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 72°56'34" EAST, A DISTANCE OF 68.27 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 28°48'06"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 50.27 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 31°34'01"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 55.09 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 75°42'29" EAST, A DISTANCE OF 101.54 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 25°38'19"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 13.42 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE SOUTH 14°17'31" WEST, A DISTANCE OF 137.25 FEET; THENCE SOUTH 61°31'48" WEST, A DISTANCE OF 5.46 FEET; THENCE SOUTH 23°11'26" WEST, A DISTANCE OF 50.61 FEET; THENCE SOUTH 28°28'12" EAST, A DISTANCE OF 36.71 FEET; THENCE SOUTH 71°13'55" EAST, A DISTANCE OF 74.42 FEET; THENCE NORTH 1rOO'31" EAST, A DISTANCE OF 46.24 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 65°56'37" EAST FROM SAID POINT, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 60°09'27"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 31.50 FEET TO A POINT OF TANGENCY; THENCE SOUTH 84°12'50" EAST, A DISTANCE OF 253.30 FEET; THENCE SOUTH 8r44'42" EAST, A DISTANCE OF 207.64 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 30°16'36"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 52.84 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 25°08'29"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 43.88 FEET, TO A POINT OF TANGENCY; THENCE NORTH 8r07'11" EAST, A DISTANCE OF 49.00 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 186.00 FEET AND A CENTRAL ANGLE OF 48°59'43"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 159.05 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 136°33'22"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 71.50 FEET, TO A POINT OF INTERSECTION WITH A LINE RADIAL TO SAID CURVE; THENCE NORTH 89°33'32" EAST, A DISTANCE OF 55.00 FEETIO THE POINT OF BEGINNING. CONTAINING 43.957 ACRES, MORE OR LESS.


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EXHIBIT B

VICINITY SKETCH

LOCATION MAP Not to Scale

BOYNTON BEACH BLVD

L-24 Canal

L-25 Canal

L-26 Canal

. L-V'1


.

L-28 Canal


EXHIBIT C

CONDITIONS OF APPROVAL

VARIANCE 1. This Variance was approved based on the layout of the approved Final Master Plan dated April 18, 2012. (ONGOING: BLDG - Bldg) 2. The Develpment Order for this variance shall be tied to the Time Limitations of the Development Order for EAC-2010-2807. (ONGOING: MONITORING - Zoning) 3. Single family residential units that exceed the maximum building coverage permitted pursuant to this variance approval shall be limited to one-story and shall be located in Pods D and E only. (ONGOING / BLDG PERMIT: ZONING Zoning) 4. Within thirty (30) days of this approval the Final Master Plan and Final Subdivision Plans for Plat 5 and 6 will be updated to reflect the Variance approval granted herein. (DATE: ZONING – Zoning 5. This variance is not applicable to any building permit application increasing building coverage in Pods A, B, C and F. (ONGOING: BLDG - Zoning) 6. Prior to issuance of a Building Permit, for each lot utilizing the increased building coverage, a Landscape Plan must be submitted for review and approval showing the required trees. Each lot requires one tree per each 800 square feet of gross lot area. (BLDG PERMIT: BLDG – Landscape) 7. In 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 compliance condition of this approval. (ONGOING: MONITORING - Zoning) 8. 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)


EXHIBIT D

REQUEST

APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE

ZV-2012-00981 3.D.1.A Building Coverage

Maximum of 40 % building coverage for a Single-family dwelling

Up to 44% building coverage for single-story Single-family units

To allow an increase of 10% in building coverage for single story Single-family units

SITUS ADDRESS:

11050 Acme Dairy Rd Boynton Beach 33473

OWNER NAME & ADDRESS:

Boynton Beach Associates, XXIII, LLP 1600 Sawgrass Corporate Pkwy Fort Lauderdale FL 33323

PCN:

00-42-43-27-05-059-0021

ZONING DISTRICT:

AGR-PUD

BCC DISTRICT:

05

PROJECT MANAGER:

Donna Adelsperger, Site Planner I

LAND USE:

AGR S/T/R: 27-43-42

CONTROL #:

2006-00550

LOT AREA:

18 acres +/-

APPLICANT REQUEST:

to allow an increase in building coverage for single story single-family units within Pods D and E of the Trails at Canyon Agricultural Reserve-Planned Unit Development (AGR-PUD).

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