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RESOLUTION NO . ZR-2017-023 RESOLUTION APPROVING RECOMMENDATION OF STATUS REPORT NO . STR-2007-00003-1 TO REVOKE THE CONDITIONAL USE "B" APPROVED BY RESOLUTION NO. ZR-2008-0066 CONTROL NO. 2007-0003 APPLICATION NO . CB-2008-01181 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 as pursuant to Article 2.E. (Monitoring) of the ULDC have been satisfied; WHEREAS, pursuant to Article 2.E., Status Report No . STR-2007-00003-1 was presented to the Zoning Commission at a public hearing conducted on July 6, 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, Article 2.E. of the Palm Beach County Land Development Code authorizes the Zoning Commission to revoke the Conditional Use "B" described in STR-2007 -00003-1 ; 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; and WHEREAS, Article 2.A.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 the recommendation of Status Report No . STR-2007- 00003-1 , to revoke the Conditional Use " B" previously granted by the approval of the application of CB-200S-011S1 , Control No. 2007-0003, confirmed by the adoption of Resolution ZR-200S-0066, is approved . 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 Barbara Katz Carmine Priore Alex Brumfield III Mark Beatty Robert Currie Application No . STR-2007-0003-1 Control No . 2007-003 Project No. 05793-000 Page 1

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Page 1: RESOLUTION NO. ZR-2017-023 RESOLUTION APPROVING ...discover.pbcgov.org/pzb/zoning/Resolutions-ZR/ZR-2017-023.pdfRESOLUTION APPROVING RECOMMENDATION OF STATUS REPORT NO. STR-2007-00003-1

RESOLUTION NO. ZR-2017-023

RESOLUTION APPROVING RECOMMENDATION OF STATUS REPORT NO. STR-2007-00003-1

TO REVOKE THE CONDITIONAL USE "B" APPROVED BY RESOLUTION NO. ZR-2008-0066

CONTROL NO. 2007-0003 APPLICATION NO. CB-2008-01181

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 as pursuant to Article 2.E. (Monitoring) of the ULDC have been satisfied ;

WHEREAS, pursuant to Article 2.E., Status Report No. STR-2007-00003-1 was presented to the Zoning Commission at a public hearing conducted on July 6, 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, Article 2.E. of the Palm Beach County Land Development Code authorizes the Zoning Commission to revoke the Conditional Use "B" described in STR-2007 -00003-1 ;

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; and

WHEREAS, Article 2.A.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 the recommendation of Status Report No. STR-2007-00003-1 , to revoke the Conditional Use "B" previously granted by the approval of the application of CB-200S-011S1 , Control No. 2007-0003, confirmed by the adoption of Resolution ZR-200S-0066, is approved .

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 Barbara Katz Carmine Priore Alex Brumfield III Mark Beatty Robert Currie

Application No. STR-2007-0003-1 Control No. 2007-003 Project No. 05793-000

Page 1

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Beatty
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Kanel
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Aye
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Absent
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Aye
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Aye
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Aye
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Aye
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Aye
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Absent
Page 2: RESOLUTION NO. ZR-2017-023 RESOLUTION APPROVING ...discover.pbcgov.org/pzb/zoning/Resolutions-ZR/ZR-2017-023.pdfRESOLUTION APPROVING RECOMMENDATION OF STATUS REPORT NO. STR-2007-00003-1

The Chair thereupon declared the resolution was duly passed and adopted on July 6, 2017.

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

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

PALM BEACH COUNTY, FLORIDA, BY ITS ZONING COMMISSIONERS

By: rce(T~:~~~~ COUNTY ATTORNEY

Application No. STR-2007 -0003-1 Control No. 2007-003 Project No. 05793-000

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nfrontany
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July 06, 2017
Page 3: RESOLUTION NO. ZR-2017-023 RESOLUTION APPROVING ...discover.pbcgov.org/pzb/zoning/Resolutions-ZR/ZR-2017-023.pdfRESOLUTION APPROVING RECOMMENDATION OF STATUS REPORT NO. STR-2007-00003-1

EXHIBIT A LEGAL DESCRIPTION

The East 582 feet of the North 378 feet of Tract 28, Block 67, Palm Beach Farms Co. Plat No. 3, according to the Plat thereof, recorded in Plat Book 2, Pages 45 through 54, inclusive, of the Public Records of Palm Beach County, Florida, less and not including the right-of-way for State Road 7, as set forth and more particularly described in Special Warranty Deed recorded in Official Records Book 12959, Page 1655, of the Public Records of Palm Beach County , Florida.

Application No. STR-2007 -0003-1 Control No. 2007-003 Project No. 05793-000

Page 3

Page 4: RESOLUTION NO. ZR-2017-023 RESOLUTION APPROVING ...discover.pbcgov.org/pzb/zoning/Resolutions-ZR/ZR-2017-023.pdfRESOLUTION APPROVING RECOMMENDATION OF STATUS REPORT NO. STR-2007-00003-1

EXHIBIT B

VICINITY SKETCH

c­o PROJECT LOCATION ;u (>

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State Rood 7 (441)

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Location Map E) I

Application No. STR-2007-0003-1 Control No. 2007-003 Project No. 05793-000

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