RESOLUTION NO. R

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RESOLUTION NO. R-2015-1536 RESOLUTION APPROVING ZONING APPLICATION PCN-2015-01713 (CONTROL NO. 2004-00296) 2004-00269 A Public Ownership Zoning District Deviation APPLICATION OF FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION BY URBAN DESIGN KILDAY STUDIOS, AGENT (Palm Beach County Shooting Sports Park) WHEREAS, the Board of County Commissioners, as the goveming body of Palm Beach County, Florida, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes, is authorized and empowered to consider applications relating to zoning; WHEREAS, the notice and public hearing requirements, as provided for in Article 2 (Development Review Procedures) of the Palm Beach County Unified Land Development Code (Ordinance 2003-067 as amended) (ULDC), have been satisfied; WHEREAS, Zoning was presented to the Board of County Commissioners at a public hearing conducted on October 22, 2015; WHEREAS, the Board of County Commissioners has considered the evidence and testimony presented by the Applicant and other interested parties; WHEREAS, the, Board of County Commissioners pursuant to Article 2 (Development Review Procedures) of the Palm Beach County ULDC is authorized and empowered to consider, approve, approve with conditions or deny the request; 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 BOARD OF COUNTY COMMISSIONERS hereby incorporates by reference the Findings of Fact in the staff report addressing the standards contained in Article 5.A.3.A for a Public Ownership Zoning District Deviation; and, WHEREAS, Article 2.A.1.K.3.b (Action by BCC) of the Palm Beach County Unified Land Development Code requires that the action of the Board of County Commissioners be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Zoning Application PCN-2015-01713, the application of the Florida Fish & Wildlife Conservation Commission, by Urban Design Kilday Studios, Agent, for a Deviation for a development within the Public Ownership Zoning District to allow deviations from Article 5, Supplementary Use Standards, to allow the use of barbed wire for Government Services Use and to eliminate bike racks; Article 5, Architectural Guidelines, to eliminate railings and posts; Article 6, Off-street Parking, to eliminate internal walkways and allow shell rock parking spaces without delineation; Article 7, Landscaping, Minimum Tier Requirements, to reduce the amount of interior plant materials and foundation planting, and allow for wire mesh fencing; Article 7, Landscaping, to reduce interior landscape islands; and the perimeter plant materials; to eliminate the requirement for a minimum number of tree species and permanent lawns, in the Public Ownership Zoning District, 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 October 22,2015 subject to the conditions of approval described in EXHIBIT C, attached hereto and made a part hereof and Deviation request as described in EXHIBIT D, attached hereto and made a Page 1

part hereof. Commissioner Taylor moved for the approval of the Resolution. The motion was seconded by Commissioner Berger to a vote, the vote was as follows: Commissioner Shelley Vana, Mayor Commissioner Mary Lou Berger, Vice Mayor Commissioner Hal R. Valeche Commissioner Paulette Burdick Commissioner Priscilla A. Taylor Commissioner Melissa McKinlay Commissioner Steven L. Abrams and, upon being put Abse nt The Mayor thereupon declared that the resolution was duly passed and adopted on October 22, 2015. Filed with the Clerk of the Board of County Commissioners on Oc t ober 26th, 2015 This resolution is effective when filed with the Clerk of the Board of County Commissioners. APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS SHARON R. BOCK, CLERK & COMPTROLLER.""~.. ~":"\,,,,, Page 2

EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION: A PARCEL OF LAND IN THE PALM BEACH COUNTY BIOTECHNOLOGY RESEARCH PARK, A SUBDIVISION IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 103, PAGE 108, PALM BEACH COUNTY FLORIDA, PUBLIC RECORDS. SAID PARCEL OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST (NW) CORNER OF SAID SECTION 6, BEAR SOUTH 00 17'57" EAST, ALONG THE WEST LINE OF SAID SECTION 6, A DISTANCE OF 200.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PLAT OF PALM BEACH COUNTY BIOTECHNOLOGY RESEARCH PARK; THENCE, NORTH 89 56'58" EAST, ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 200.00 FEET TO A POINT ON A LINE 200 FEET EASTERLY OF, PARALLEL, CONTIGUOUS AND AS MEASURED AT RIGHT ANGLES TO SAID WEST LINE OF SECTION 6; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, CONTINUE NORTH 89 56'58" EAST, ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 4284.38 FEET; THENCE, SOUTH 00 03'02" EAST, A DISTANCE OF 1930.02 FEET; THENCE, SOUTH 89 56'58" WEST, A DISTANCE OF 1588.88 FEET; THENCE, NORTH 00 03'02" WEST, A DISTANCE OF 640.00 FEET; THENCE, SOUTH 89 56'58" WEST, A DISTANCE OF 2689.90 FEET TO POINT "A" AND SAID 200 FOOT PARALLEL LINE; THENCE, NORTH 00 17'57" WEST, ALONG SAID 200 FOOT PARALLEL LINE, A DISTANCE OF 1290.03 FEET TO THE POINT OF BEGINNING. CONTAINING: 6,540,205 SQUARE FEET OR 150.14246 ACRES MORE OR LESS. Page3

EXHIBIT B VICINITY SKETCH Page ~

EXHIBIT C CONDITIONS OF APPROVAL DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. Page 5

EXHIBIT D REQUEST 2 3 4 5 6 7 8 9 Code Section(s) Art. 5.B.1.A.2.e.1 Barbed Wire Exceptions Art. 5, Table 5.B.1.A-10 Bike Racks Art. 5.C.1.H.1.g.4.b. Architectural Guidelines- Railings & Posts Art. 6.A.1.0.14.b.2 Off street parking, Construction, Pedestrian Circulation Art. 6.A.1.D.14.b.3.b Off street parking, Construction, Paving and Drainage, Materials Art. 6.A.1.D.14.b.5 Off street parking, Construction, Stripes Table 7.C.3 Minimum Tier Requirements Art. 7.G.2.B.1.C Interior Landscape Islands Table 7.C.3 Foundation Planting Required Barbed Wire is not permitted for Government Service uses (except Prisons) 1 per 200 parking spaces Porches shall incorporate decorative railings with posts at a maximum of 12 feet on center along the entire length, excluding pedestrian access points. Continuous internal pedestrian walkway from each walkway to all customer entrances with 1 tree/25 LF, benches every 200 feet and accented crosswalks. Paved parking lots & drive aisles. Parking spaces delineated by single or double stripes. 1 tree /1,200 SF and 1 shrub per 1,200 SF (calculated on gross site area). 12' wide interior landscape islands at 1 per 6 spaces. Foundation planting 12' wide along 60% of front, side and rear facades. Proposed To allow the use of barbed wire along the top of the proposed perimeter and interior range fences 0 All recreational buildings and accessory structures are exempt from the architectural guidelines per article 5.C.1.C.3. The Club Concession Building, primarily used by the general public, will conform to section 5.C.1 with the exception of the ground floor porch railing requirement. Non-continuous internal walkway network, without trees, benches or accented crosswalks. Shell rock parking lot and drive aisles (with exception of paved handicap parking spaces). Shell rock parking spaces not delineated by stripes (with exception of paved handicap parking spaces). 1 tree /1,200 SF and 1 shrub per 1,250 SF (calculated on net site area consisting of only impervious and vehicular use areas). 1 0' wide interior landscape islands at 1 per 1 0 spaces (Max. 1 00' apart). Foundation planting 5' wide along 50% of front facades and 8' wide along 50% of Deviation To allow the use of barbed wire along the top of the proposed fences for security purpose. To eliminate bike racks within the site due to its remote location. To confirm exemption of all recreational buildings and accessory structures from the architectural design elements due to their utilitarian and limited public use. To omit the ground floor porch railing and post requirement for the Club Concession building. To eliminate a continuous internal walkway network, with trees, benches or accented crosswalks due to the nature of the use and design of the site. To allow parking lot and drive aisles to be constructed of shell rock instead of a paved surface. To allow shell rock parking without striping. To allow for a reduction in interior landscape consistent with the Public Park landscape standards of Art. 5.0.2.G. To allow for a reduction in landscape islands width and quantity consistent with the Public Park landscape standards of Art. 5.D.2.G. To allow for a reduction in foundation planting width and Page 6

10 Table7.C.3 (Note 3) Minimum Tier Requirements 11 Art. 7.F.8 Compatibility Buffer 12 Art. 7.D.2.C Tree Species Mix 13 Art. 7.0.4.0 Ground Treatment, Lawn and Turf Grass Walls and fences shall be built from natural materials, including but not limited to: wood, stone, etc. Continuous visual screen at least 3' height composed of hedges, shrubs, either alone or in combination with a wall, fence or berm. A mix of species based on the required number of trees. Grass areas planted with species suitable for permanent lawns and reach 1 00% coverage within 6 months of planting. the side facades. percentage along a Open Air pavilions fa9ade of buildings and similar park consistent with the structures less than Public Park 2,000 SF are exempt. landscape standards of Art. 5.0.2.G. Wire mesh fence to To allow for a wire be located in all mesh fence instead buffers along the of a natural material perimeter of the site. fence. Compatibility buffer exemption from shrub or hedge requirement. Required trees to be planted in a natural pattern within or adjacent to buffer and clustered. Palms or pines may be counted as 1 canopy tree, not to exceed 25% of the total number of required trees. No minimum number of species based on required number of trees. Majority of the site will remain in a natural vegetated state. Only required buffers, building foundation planters and parking area tree islands will be landscaped and Qrassed. To allow for buffers without shrubs/hedges and for required trees to be planted in a natural pattern with palms and pines counted as 1 canopy tree consistent with the Public Park landscape standards of Art. 5.0.2.G. To eliminate the requirement for a minimum number of species based on total required number of trees. To eliminate permanent lawns for majority of the site, for the exception of buffers, foundation planters and parking area tree islands. Page 7