r-2016- 0831

RESOLUTTON NO. R-2016- 0831

RESOLUTION APPROVING ZONI NG APPLICATION CB/CA-201 5.OO3O9(coNTROL NO. 2010_00501)

a Class A Condttional UseAPPLICATTON OF Suess Herta c Tr

BY Land Research Management, lnc., AGENT(Suess Medicat)

WHEREAS, the Board of County Commissioners, as the governing body of palmBeach county Florida, pursuant to the authority vested in chipter 163 and chapter125, Florida statutes, is authorrzed and empowered to consider applications relating tozoning;

WHEREAS, the notice and public hearing requirements pursuant to Article 2(Development Review Procedures) of the Palm Beach County Unified LandDevelopment Code, Ordinance 2003-067 as amended (ULDC), have been satisfied;

WHEREAS, Zoning Application CB/CA-2O15-00309 was presented to the Boardof County Commissioners at a public hearing conducted on June 23,2016;

WHEREAS, the Board of County Commissioners hereby incorporates byreference the Findings in the staff report addressing the Standards contained in Article2.8 (Public Hearing Process) for a Class A Conditional Use;

WHEREAS, the Board of County Commissioners pursuant to Article 2(Development Review Procedures) of the ULDC is authorized and empowered toconsider, approve, approve with condrtions or deny the request;

WHEREAS, this approval is subject to Article 2.E (Monitoring), of the ULDC andother provisions requiring that development commence in a timely manner;

WHEREAS, the issuance of this Development Permit does not in any way createany rights on the part of the Applicant and/or Property Owner to obtain a permit from astate or federal agency and does not create any liability on the part of the County forissuance of the permit if the applicant fails to obtain requisite approvals or fulfill theobligations imposed by a state or federal agency or undertakes actions that result in aviolation of state or federal law;

WHEREAS, the Palm Beach County Survey Section may ad ministratively correctany scrivener's errors that will not significantly impact the overall boundary of theadopted legal description; and,

WHEREAS, Article 2A 1.K.3.b (Action by BCC) of the ULDC requires that theaction of the Board of County Commissioners be adopted by resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCOMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Zoning ApplicationCB/CA-2015-00309, the Application of Suess Herta G Tr, by Land ResearchManagement, lnc., Agent, for a Class A Conditional Use to allow a Medical Center, on aparcel 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 vicinitysketch as indicated in EXHIBIT B, attached hereto and made a part hereof, wasapproved on June 23,2016, subject to the Conditions of Approval described in EXHIBITC, attached hereto and made a part hereof.

Application No. CB/CA-20'15-00309

Control No. 2010-00501Project No. 03000-182

WHEREAS, the Board of County Commissioners has considered the evidenceand testimony presented by the Applicant and other interested parties, therecommendations of the various County Review Agencies, and the recommendation ofthe Zoning Commission;

commissioner Taylor moved for the approval of the Resolution

by Commissioner vanaand, upon being putThe motion was seconded

to a vote, the vote was as follows:

APPROVED AS TO FORMAND LEGAL SUFFICIENCY

Commissioner Mary Lou Berger, MayorCommissioner Hal R. Valeche, Vice MayorCommissioner Paulette BurdickCommissroner Shelley VanaCommissioner Steven L. AbramsCommissioner Melissa McKinlayCommissioner Priscilla A. Taylor

Aye

AyeAyeAyeAyeAyeAye

PALIU BEACH COUNTY, FLORIDABY ITS BOARD OF COUNTYCOMMISSIONERS

SHARON R. BOCK,CLERK & COMPTROLLER

The Mayor thereupon declared that the resolution was duly passed and adoptedon June 23,2016.

Filed with the Clerk of the Board of County Commissioners on June 30th,2016

Thrs resolution is effective when filed with the Clerk of the Board of CountyCommissioners.

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BY,COUNTY ATTORNEY

Application No. CB/CA-2015-00309Control No. 2010-00501ProJect No. 03000-182

(, BYDEPUTY

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EXHIBIT A

LEGAL DESCRIPTION

Parcel of land situate, lying and being in the County of palm Beach, Florida, to wit:

Tract 3, according to the Plat of ENTRADA ACRES, an unrecorded subdivision of aportion of Section 36, Township 43 South, Range 40 East, palm Beach County, Florida,as said lot is shown in said subdivision recorded in Official Record Book 2831 , page239 and 240, Public Records of Palm Beach County, Florida

LESS AND EXCEPT

That part of Tract 3 and 4 of ENTRADA ACRES, an unrecorded plat in Section 36,Township 43 South, Range 40 East, in Palm Beach County, Florida, said part moreparticularly described as follows:

Commence at the Southeast corner of said Section 36, thence North 01" 16'04" Eastalong the East line of said Section 36 a distance of 1743.97 feet to a point on theBaseline of Survey for' State Road 80, thence North 88' 29' 42" West along saidBaseline of Survey a distance of 3052.35 feet; thence North 01" 30' 18" East a distanceof 95 feet to the POINT OF BEGINNING; thence North 00" 01' 00" West a distance of82.29 feel to a point on a curve concave Northerly having a tangent bearing of South87' 47' 44' East through said point; thence Easterly along said curve having a radius of57,181.78 feet, through an angle of 00" 40' 37", an arc distance of 675.62 feet; thenceSouth 00' 01' 00" East a distance of 78.03 feet; thence North 88' 29' 42" West adistance of 675.49 feet to the POINT OF BEGINNING.

Application No. CB/CA-201 5-00309Control No. 2010-00501Project No. 03000-182

Containing: 216,160 square feet equaling 4.96 acres, more or less.

EXHIBIT B

VICINITY SKETCH

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Application No. CB/CA-2O15-00309Control No. 2010-00501Project No. 03000-182

EXHIBIT CCONDITIONS OF APPROVAL

Conditional Use Class A - Medical Center

ALL PETITIONS

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.Th,e^aOnroved Preliminary Site plan is dated March 7, 2016, and Regulating plan isdated Decembe r 28, 201s. Modifications to the Development order inionsisient withthe conditions of Approval, or changes to the uses or site design beyond the authorityof the Development Review officer as estabtished in the Uniiied Lind Devetopmentcode, must be approved by the Board of county commissioners or the zoningCommission. (ONGOING: ZONING - Zoning)

2- o,ior to Final Approval by the Development Review Officer (DRO), the propertyowner shall submit a copy of the recorded cross-Access Easemeni Agreement witi-r theproperty to the west. (DRO: ZONING - Zoning)

ARCHITECTURAL REVIEW1. Prior to Final Approval by the Development Review officer (DRo), the ArchitecturalElevations shall be submitted for review and approval by the zoning Division.Architectural Elevations shall comply with the standards indicated in Article 5.c of theUnified Land Development code (ULDC). Development shall be consistent with theapproved Architectural Elevations, the DRO approved Final plan, all applicableConditions of Approval, and all ULDC requirements. (DRO: ZONING - Zoning)

ENGINEERING1. ln order to comply with the mandatory Trafftc Performance Standards, the propertyOwner shall be restricted to the following phasing schedule:a. No Building Permits for the site may be issued after December 31, 201g. A timeextension for this condition may be approved by the County Engineer based upon anapproved Traffic Study which complies with Mandatory Traffic Performance Standardsin place at the time of the request. This extension request shall be made pursuant tothe requirements of Article 2, Section E of the Unified land Development Code. (DATE.MONITORING - Engineering)

2. The Property Owner shall provide to the Florida Department of Transportation(FDOT), a road right of way deed and all associated documents as required by FDOTfor Southern Boulevard (SR 80), 220' north of the south right of way line on analignment approved by the FDOT or County Engineer

All right of way deed(s) and assoclated documents shall be provided and approved priorto the issuance of the first building permit. Right of way conveyance shall be along theproject's entire frontage and shall be free and clear of all encumbrances andencroachments. Property Owner shall provide FDOT with sufficient documentation,including, at a minimum, sketch and legal description of the area to be conveyed, copyof the site plan, a Phase I Environmental Site Assessment, status of property taxes,statement from Tax Collector of delinquent and pro-rata daily taxes, full owner name(s)of area to be conveyed, and one of the following. title report, attorney's opinion of title,title commitment or title insurance policy, or as othenvise required and acceptable toFDOT. The Property Owner must warrant that the property being conveyed to FDOTmeets all appropriate and applicable environmental agency requirements. ln the eventof a determination of contamination which requires remediation or clean up on theproperty now owned by the Property Owner, the Property Owner agrees to hold theCounty and FDOT harmless and shall be responsible for all costs of such clean up,including but not limited to, all applicable permit fees, engineering or other expertwitness fees including attorney's fees as well as the actual cost of the clean up.Thoroughfare Plan Road right of way conveyances shall be consistent with Palm BeachCounty's Thoroughfare Right of Way ldentification Map and shall include whereappropriate, as determined by the County Engineer, additional right of way forExpanded lntersections and Corner Clips. The Property Owner shall coordinateconveyance of right of way directly with FDOT and shall provide evidence to PalmBeach County Land Development Division once conveyance has been completed.

Application No. CB/CA-2015-00309 Control No. 2010-00501Project No. 03000-182

(BLDGPMT: MONTTORTNG - Engineering)

3- The Property owner shall construct right turn lane east approach on southern Brvd atshared Project Entrance. This right turn lane shall be a minimum of 3go ft in storage ind50 ft taper.

This construction shall be concurrent with the paving and drainage improvements forthe site. Any and all costs associated with the construction s-hall be paid by theProperty owner. These costs shall include, but are not limited to, utility relocations andacquisition of any additional required right-of-way.

a Permits required from Florida Department of Transportationfor this construction shallbe obtained prior to the issuance of the first building permit. (BLDGpMT: MoNlroRlNG- Engineering)b. construction shall be completed prior to the issuance of the first certificate ofOccupancy. (BLDGPMT/CO: MONTTORING - Engineering)

SITE DESIGN1. Prior to Final Approval by the Development Review Officer (DRO), the site plan shallbe revised to indicate the required screening of the loading zone pursuant to Article6.8.'1.F.2 of the Unified Land Development Code (ULDC). (DRO: ZONTNG - Zoning)

2. Prior to Final Approval by the Development Review Officer (DRO), the site plan shallbe revised to indicate an eight (8) foot high fence with an eight (8) foot high continuoushedge along the north, east and west property lines. (DRO. ZONING - Zoning)

COMPLIANCE1. ln Granting this Approval, the Board of County Commissioners relied upon the oraland written representations of the Property Owner/Applicant both on the record and aspart of the application process. Deviations from or violation of these representationsshall cause the Approval to be presented to the Board of County Commissioners forreview under the Compliance Condition of this Approval. (ONGOING: MONITORING -Zoning) (ONGOING: ZONING - Zoning)

2. Failure to comply with any of the Conditions of Approval for the subject property atany trme may result in:a. The lssuance of a Stop Work Order; the lssuance of a Cease and Desist Order; theDenial or Revocation of a Building Permit; the Denial or Revocation of a Certificate ofOccupancy; 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/orb. The Revocation of the Official Map Amendment, Conditional Use, Requested Use,Development Order Amendment, and/or any other zoning approval; and/orc. A requirement of the development to conform with the standards of the Unified LandDevelopment Code at the time of the finding of non-compliance, or the addition ormodification of conditions reasonably related to the failure to comply with existingConditions of Approval; and/ord. Referral to Code Enforcement; and/ore. lmposition of entitlement density or intensity.

Staff may be directed by the Executive Director of PZ&B or the Code EnforcementSpecial Master to schedule a Status Report before the body which approved the OfficialZoning Map Amendment, Conditional Use, Requested Use, Development OrderAmendment, and/or other zoning approval, in accordance with the provisions of Section2.E of the ULDC, in response to any flagrant violation and/or continued violation of anyCondition of Approval. (ONGOING: ZONING - Zoning)

DISCLOSURE1. All applicable state or federal permits shall be obtalned before commencement ofthe development authorized by this Development Permit.

Application No. CB/CA-201 5-00309Control No. 2010-00501Project No. 03000-182

r-2016- 0831

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