PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: Z/CB/DOA Control No.: Applicant: Palm Beach County Audrey Wolf South Fla Water Mgmt Dist South Fla Water Mgmt Dist Lessor Owners: Palm Beach County South Fla Water Mgmt Dist South Fla Water Mgmt Dist Lessor Agent: Palm Beach County - Melanie Borkowski Telephone No.: (561) Project Manager: Ora Owensby, Site Planner II Location: On East side of County Road 880, South of Southern Boulevard (SR80) and directly south of Boat Ramp Road. (20 Mile Bend Public Use Development). Title: An Official Zoning Map Amendment. Request: Rezoning from the Agricultural Production (AP) Zoning District to the Public Ownership (PO) Zoning District. Title: A Class B Conditional Use. Request: To allow a Gun Club, Open. Title: A Development Order Amendment (DOA). Request: To add acreage to a previous rezoning including a Class A Conditional Use for a communication tower. APPLICATION SUMMARY: Proposed is the rezoning of acres of land from the Agricultural Production (AP) to the Public Ownership (PO) Zoning District and a Development Order Amendment (DOA) to add acreage to a previous approval, Control Number 94-6 (a rezoning from AP to PO including a Conditional Use for a 480-foot high communication tower). Also proposed is a Class B Conditional Use on acres of the subject property for approval of a Gun Club, Open with 102 target areas that will be open to the public. Adjacent to the east of the proposed rezoning is an existing law enforcement shooting range. The requested approvals are a portion of an overall plan for public uses on acres. Also included in the future progam are uses subject to administrative approvals such as expansion of the law enforcement shooting range with a total of 330 shooting positions, a satellite campus of PBCC for law enforcement training and government offices for South Florida Water Management District. Parking for the public shooting range is 173 spaces and access is proposed from County Road 880. The proposed access for the overall acre site is from County Road 880, two access points from Boat Ramp Road (south of Southern Boulevard), and two access points on the east from an access easement. These additional access points are the subject of a separate Type II subdivision variance request on the same agenda. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Public Ownership (PO) Zoning District is consistent with this parcel s AP Future Land Use designation. Institutional and public facilities may be allowed in all future land use designations consistent with the Plan and the ULDC. 504

2 o Compatibility with Surrounding Land Uses Since the subject property is surrounded by agricultural production and conservation land uses, no compatibility issues are anticipated. o Traffic The Traffic Division estimates that total traffic expected from this acre project is 2,207 trips per day. o Landscape/Buffering No landscape conditions of approval have been recommended since no compatibility issues are anticipated. The landscape requirements of the ULDC are sufficient and will be reviewed and approved at the time of building permit application. o Signs The ULDC allows one sign per frontage of the entire project in the Glades Tier. The maximum sign size is 100 square feet with a maximum 15-foot height. All signs proposed would be subject to compliance with Article 8 of the ULDC. o Rezoning This is a County initiated rezoning. Since the property to be rezoned is more than 10 acres, two public hearings before the Board of County Commissioners are required. o Concurrent Requests The Development Order Amendment will consolidate previous conditions of approval; however those conditions apply only to the communication tower site. Other uses within the acre site are subject to the approval processes in the ULDC. The Class B Conditional Use to allow a Gun Club, Open, if approved, will not be effective until the rezoning approval is obtained. The applicant requests the use of chain link fencing in the compatible and incompatible buffers. Per the ULDC, this request is subject to approval by the Board of County Commissioners or Zoning Commission. Article 7.F.3 states that vinyl coated chain link fences are permitted only if used in the right of way buffer, installed behind an opaque six foot high hedge, or approved by the BCC or ZC. Staff does not object to the request since no compatibility issues are anticipated. Two (2) Type II Subdivision Variances from Article 11 of the ULDC related to legal access for the proposed parcels and timing of construction of required improvements. Applications for the Subdivision Variances have been submitted concurrently, subject to review and recommendation by the Land Development Division. A Land Use Allocation Map is included for information only for all the projected uses in the proposed 20 Mile Bend Public Use Development Program on the subject property, which will ultimately be approved by the DRO as part of a Subdivision Plan to reconfigure and subdivide the property ownership. o Project History The first Resolution (R ) was approved by the Palm Beach County BCC on July 25, This Resolution approved a Rezoning from the Agricultural Production (AP) Zoning district to the Public Ownership (PO) Zoning District on the Palm Beach Countyowned portion of the subject property that total acres. The legal description contained within this resolution will be expanded to total acres as part of the 505

3 proposed Development Order Amendment (DOA) and Rezoning applications. The second Resolution (R ) was also approved by the Palm Beach County BCC on July 25, This Resolution approved a Class A Conditional Use to allow a 480-foot communication tower in the PO Zoning district. The tower was constructed in the northwest corner of the subject site and there are no proposed changes to the tower site. The conditions contained in the resolution are consolidated with the DOA application. The tower will continue to be utilized and operated by Palm Beach County. Copies of these Resolutions are attached. Final site plan approval was obtained on October 15, 1997 from the Development Review Committee (DRC) for the communication tower and the private gun range. The approved Site Plan is Exhibit #14 and the Conditions of Approval Sheet SP3 of 3 is Exhibit #15. The PBSO Training Facility has been constructed. o Process Procedures The applicant originally submitted for a straight rezoning for the west 135-acre portion of the site with a Class B Conditional Use for the Gun Club Open and a proposed land use allocation map of the entire project to allow the Floor Area Ratio (FAR) to be applied to the entire acres. Following the application, staff from several agencies met to discuss the issue of the FAR request, to determine how to implement this request. It was determined by staff that the same control number would be needed since the entire acres would then be considered one project. Since there is an existing control number, 94-6 on a portion of the property, this number should be used for the entire project. Staff informed the agent that a DOA to add land area to the 94-6 approval would be required. Since that time the agent has raised concerns that the entire site would then be subject to public hearing. Staff agrees that those areas of the site outside of the Class A Communication Tower and the Class B Gun Range, Open should be reviewed per ULDC requirements (permitted uses would go to Building Permit, DRO uses would be reviewed by DRO, etc). The tower site is small portion of the original rezoning petition and will remain unchanged. Uses on the acre property, following the rezoning to PO, will be subject to ULDC requirements for process requirements. TABULAR DATA EXISTING PROPOSED Property Control Number(s) Agricultural Production (AP) Pending Land Use Same Designation: Zoning District: Agricultural Production Public Ownership (PO) District (AP) Tier: Glades Same Use: Gun Range Private (170 shooting positions) College or University Government Services Gun Club, Open Gun Range Private (330 shooting positions) Acreage: acres acres ( acres) Floor Area: 10,701 square feet 287,076 s.f. (+276,375 s.f) Building Coverage: 10,701 square feet 287,076 square feet FAR: (+.026) 506

4 Parking: 48 spaces 173 for Gun Club Open other uses TBD at DRO Access: Boat Ramp Road (1) Boat Ramp Road (3) Co. Rd. 880 (2) L-7 Canal R/W (1) CODE ENFORCEMENT: N/A PUBLIC COMMENT SUMMARY: At the time of publication, staff had received four letters in opposition and one in favor from the public in Wellington. (note: notification was sent to Wellington and Royal Palm residents due to a requirement to notify outside government ownership boundaries). RECOMMENDATION: Staff recommends approval of the Rezoning request. RECOMMENDATION: Staff recommends approval of the Development Order Amendment request subject to seventeen (17) conditions of approval as found in Exhibit C. RECOMMENDATION: Staff recommends approval of the Class B Conditional Use request for Gun Club, Open, subject to five (5) conditions of approval as found in Exhibit C-1. MOTION: To recommend approval of the rezoning from the Agricultural Production (AP) Zoning District to the Public Ownership (PO) Zoning District. MOTION: To recommend approval of a Development Order Amendment to add acreage to control number MOTION: To adopt a resolution approving a Class B Conditional Use to allow a Gun Club, Open. 507

5 508

6 509

7 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 510

8 LAND USE ALLOCATION MASTER PLAN DATED APRIL 16,

9 SITE PLAN DATED APRIL 16,

10 REGULATING PLAN DATED APRIL 16,

11 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Agricultural Production (AP) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning from the Agricultural Production (AP) Zoning District to the Public Ownership (PO) Zoning District and to allow a Class B Conditional Use for a Gun Club, Open, and determined the request is consistent with this parcel's AP FLU designation. Future Land Use Element (FLUE) Policy b states, Institutional and Public Facility uses [such as the proposed College or University; Government Services; Gun Club, Open; Gun Range Private] may be allowed in all future land use designations, provided the uses are consistent with the provisions of the Comprehensive Plan and the ULDC. In addition, the implementation section (FLUE) also states The following land uses and intensities are allowed within areas designated as Agricultural Production, where permitted by the terms of the Unified Land Development Code, Parks and Recreation uses, Institutional uses and Utilities and Transportation designed to serve Countywide, regional and/or state needs may be permitted subject to the siting criteria of the appropriate regulatory authority(ies) and any special review and siting criteria adopted by the Board of County Commissioners of Palm Beach County. The request is also consistent with the maximum Floor Area Ratio (FAR) of.10 for a site with a non-residential use and an AP FLU designation. The FAR for the proposed Palm Beach Community College will exceed the.10 FAR on it's parcel. However, the overall subdivision shall be limited to a maximum FAR of.10 (10%) by condition of approval in order to insure that the combined development within the overall acre subdivision site does not exceed the.10 limitation consistent with Table (FLUE). For this acre site, the site could develop with a maximum of 873,813 square feet at the.10 FAR. The applicant has requested a FAR of approximately.03 or 287,076 square feet for this entire site. TIER: The subject site is in the Glades Tier. FUTURE ANNEXATION AREAS: The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of any municipality. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: None FINDINGS: The request is consistent with the land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project: shooting positions; acre park; - classes to accommodate 714 student community college; - 153,000 square feet industrial 514

12 - 6 wholesale fueling positions is 2,207 trips/day. Petitioner has estimated the buildout of the project to be prior to January 1, The following improvements to the roadway system are required for compliance with the 1990 traffic performance standards: Intersection improvements at Seminole Pratt Whitney Road and Southern Boulevard TRAFFIC: CR 880 SEGMENT: Project Entrance to SR 80 PRESENT: 4070 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 1876 TOTAL: 5946 PRESENT CAPACITY AT LEVEL OF SERVICE D : PRESENT LANEAGE: 2 lane PALM BEACH COUNTY HEALTH DEPARTMENT: The site shall be served by sanitary sewer and a community water system. Neither an onsite sewage treatment and disposal system (OSTDS) nor a potable water well shall be approved for this property. All existing OSTDS shall be abandoned in accordance with Chapter 64E-6, FAC, and Palm Beach County ECR-I. All existing onsite potable water wells shall be abandoned in accordance with Chapter 64E-8, FAC, and Palm Beach County ECR-II. Prior to issuance of the first building permit, the property owner shall meet with the Palm Beach County Health Department to establish a Best Managemnet Practices (BMP) Plan for the Hazardous Waste generated by this type of facility. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently been cleared and no longer supports significant amounts of native vegetation. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 515

13 OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project. PARKS AND RECREATION: This is a non-residential application and Parks & Recreation U.L.D.C standards do not apply CONCURRENCY: Concurrency is approved for: Community College, 714 students Gun Range Private (PBSO) 330 shooting positions Park (Gun Club Open) acres Industrial (SFWMD) 153,000 square feet Gas and Fuel, Wholesale, 6 fueling positions WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department FINDING: The proposed Zoning Map Amendment, Development Order Amendment and Class B Conditional Use comply with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A acre parcel of land with an approximate width (N-S) of 2637 feet and an average depth (E-W) of 3590 feet. The acre Class B condition Use parcel is irregularly shaped. Access will be provided from County Road 880 (2 points), Boat Ramp Road (3 points) and the L-7 Canal R/W (1 point). The lands are partially developed with an existing Sheriff s shooting range and a commercial communication tower. ADJACENT LAND USE AND ZONING: NORTH: FLU Designation: Agricultural Production (AP) Zoning District: Neighborhood Commercial District (CN) Supporting: Vacant NORTH: FLU Designation: Agricultural Production (AP) Zoning District: Agricultural Production District (AP) Supporting: Agricultural SOUTH: FLU Designation: Agricultural Production (AP) Zoning District: Agricultural Production District (AP) Supporting: Agricultural and Conservation EAST: FLU Designation: Agricultural Production (AP) Zoning District: Agricultural Production District (AP) Supporting: Utility and Conservation WEST: FLU Designation: Agricultural Production (AP) Zoning District: Agricultural Production District (AP) Supporting: Agricultural 516

14 ZONING REQUIREMENTS: A final site plan for the Conditional Use B for a Gun Range, Open shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and all applicable section of the ULDC. FINDINGS: Development Order Amendment 1. Consistency with the Plan. The subject site is located in the Glades Tier according to the Palm Beach County Growth Management Tiers Map and has a Future Land Use (FLU) designation of Agricultural Production (AP). The proposed DOA to expand the PO Zoning District, including a communication tower, limits across the entire subject site is consistent with regulations for both the Glades Tier and the AP Future Land Use. Pursuant to Policy 1.6-a of the Palm Beach County Comprehensive Plan, Recreation, Utilities, Institutional and Public Facilities (such as those planned for the subject site) are all allowed in the Glades Tier. The proposed DOA and companion Rezoning are consistent with all other applicable goals, objectives and policies set forth in the Comprehensive Plan. Furthermore, the PO zoning designation and the public facilities being proposed via this DOA request is allowed in all FLU categories. 2. Consistency with the Code. A acre portion of the subject site is currently zoned Public Ownership (PO). The proposed DOA is requesting to rezone additional acres of contiguous land from the Agricultural Production (AP) to the PO Zoning District. Table 3.D.1.A-5 waives the property development regulations for PO Zoning District, which supports the overall size and configuration of the subject site. Additionally, the ULDC establishes Government Services; Gun Club, Private; and College or University as Uses Permitted by Right within the PO Zoning District subject to use limitation in Article 4. In accordance with the ULDC, a Class B Conditional Use is being requested for the Gun Club, Open Use. 3. Compatibility with Surrounding Uses. The proposed DOA, corresponding expansion of the PO Zoning District, and the 20 Mile Bend Public Use Development program are compatible with all surrounding lands and uses. The surrounding property to the north, across both the SFWMD L-7 Canal and Southern Boulevard (State Road 80), supports agricultural use. To the south of the subject site are SFWMD and Loxahatchee National Wildlife Refuge conservation lands. Across County Road 880 to the west of the subject site are agricultural uses and Florida Power & Light (FP&L) utilities. The eastern limits of the site are contiguous to FP&L utilities, as well as SFWMD and Loxahatchee National Wildlife Refuge conservation lands. The character and status of these surrounding lands and general area of Palm Beach County are appropriate for all of the proposed uses. 4. Design Minimizes Adverse Impact. The design of the uses being proposed as part of this DOA and companion rezoning have no adverse impacts on adjacent properties. As stated previously, the vast majority of surrounding lands support uses characterized as agriculture, conservation and utility. The size and configuration of the subject site provides ample opportunity for all uses to be designed as an integrated, self-contained facility having no negative effects on surrounding properties. 5. Design Minimizes Environmental Impact. The site is predominately cleared and supports no large stands of native vegetation. The west portion of the subject property contains row crops and is being used for agriculture purposes. Prohibited and exotic species will be removed from the subject property as required by the ULDC. 517

15 6. Development Patterns. The development patterns in this general area, which continue to be agriculture, utility and conservation, lend direct support for this application. There are no residential development patterns in this area. The existing and proposed facilities pose a unique opportunity to co-locate uses such as Public and Private Gun Clubs/Ranges upon the same property to maintain substantial separation from the residential uses that are located in more urban areas of Palm Beach County. The proposed College or University and Government Services uses will rely upon, support, and complement all other planned uses. Therefore, the DOA request to expand the existing limits of the control number 94-6 approval and the companion rezoning application will result in a logical and orderly development pattern that is consistent with the existing uses and contiguous properties in the vicinity of the site. 7. Consistency with Neighborhood Plan. This property is not located within the boundaries of any Neighborhood Plan. 8. Adequate Public Facilities. A request for Concurrency Reservation has been submitted as part of this DOA, Rezoning and Class B Conditional Use application. The project has been determined to meet the requirements of the Palm Beach County Traffic Performance Standards Ordinance as demonstrated by the accompanying traffic analysis. Additionally, potable water and sanitary sewer service will be available to the property at the appropriate Level of Service. Drainage infrastructure has been deemed adequate to serve the project. The requests comply with all applicable requirements for availability of services and facility capacities. 9. Changed Conditions or Circumstances. The applicant states that as Palm Beach County continues to urbanize, uses such as Private and Public Gun Clubs/Ranges that require a large land area and include a wide range of rifle, pistol, air gun, archery, and skeet shooting ranges become increasingly difficult to locate without impacting surrounding properties and uses. Many public shooting ranges in eastern Palm Beach County have been closed, as elevated land values encourage the development of surrounding lands and introduce incompatibilities with surrounding properties. Palm Beach County has partnered with the Florida Fish and Wildlife Conservation Commission to construct new public shooting facilities associated with the proposed Public Shooting Range at the 20 Mile Bend location. The proposed DOA and expansion of the PO Zoning District on the subject property, in conjunction with the 20 Mile Bend Public Use Development program, provides a unique opportunity to co-locate public uses away from residential properties while accommodating other compatible uses such as the PBCC Public Safety Training Facility and the College or University. The latter are directly associated with the Gun Clubs and training facilities planned for the subject property, which was an unforeseen opportunity at time of the previous rezoning approval. Therefore, there are changed conditions or circumstances that necessitate the approval of this DOA and expansion of the PO Zoning District in this particular location in order to accommodate the proposed public uses and facilities. Rezoning Standards 1. Consistency with the Plan. The subject property is located in the Glades Tier according to the Palm Beach County Growth Management Tiers Map and has a Future Land Use designation of Agricultural Production (AP). The proposed uses are consistent with both the Glades Tier and the AP Future Land Use. Pursuant to Policy 1.6-a of the Palm Beach County Comprehensive Plan, Recreation, Utilities, Institutional and Public Facilities are all allowed in the Glades Tier. The proposed Rezoning is consistent with all other applicable goals, objectives and policies set forth in the Comprehensive Plan. The PO Zoning district is allowed in all Future Land Use designations. 518

16 2. Consistency with the Code. The PO zoning district is consistent with the adopted Land Use Designation of Agricultural Production (AP). Article 3.C.1.A. of the ULDC states, the PO district is consistent with all FLU designations and Table 3.D.1.A-5 waives the property development regulations for PO Zoning districts. Additionally, the ULDC establishes Government Services; Gun Club, Private; and College or University as Uses Permitted by Right within the PO zoning district subject to use limitation in Article 4. In accordance with the ULDC, a Class B Conditional Use is being requested for the Gun Club, Open Use. 3. Compatibility with Surrounding Uses. The proposed rezoning to the PO Zoning district in conjunction with the 20 Mile Bend Development program is compatible with surrounding uses. The surrounding uses to the north across both the SFWMD L-7 Canal, and Southern Boulevard (State Road 80) are Agriculture; to the south are the SFWMD and Loxahatchee National Wildlife Refuge Conservation lands; to the west across County Road 880 are Agriculture and Florida Power & Light (FP&L) Utility lands; and to the east are FP&L Utility lands, SFWMD and Loxahatchee National Wildlife Refuge Conservation lands. This area of Palm Beach County is appropriate for the proposed uses of Utilities and Gun Clubs as there are no residentially Zoned property surrounding the subject site. Furthermore, the PBSO Training Facility exists today in this location and does not cause any concerns on adjacent properties. Therefore, no impact is anticipated to the neighboring properties. 4. Effect on the Natural Environment. The subject property is predominately cleared and does not contain any large stands of native vegetation. The west portion of the subject property contains row crops and is being used for agriculture purposes. Prohibited and exotic species will be removed from the subject property as required by the ULDC. The PBSO Training Facility exists today in this location and does not have any negative impacts on the environment. Furthermore, the uses proposed on the site will be contained within the site, and will not have a negative effect on the surrounding agriculture and conservation lands. 5. Development Patterns. The development patterns in the area have continued to be that of agriculture, utility, and conservation. There are no residential development patterns in this area, and the uses proposed in this rezoning application are suitable for this property and the surrounding area. Therefore, the proposed Zoning map amendment results in a logical and orderly development pattern consistent with those uses contiguous to the subject property. 6. Consistency with Neighborhood Plan. This property is not located within the boundaries of any Neighborhood Plan. 7. Adequate Public Facilities. As part of the Rezoning application, a request for Concurrency Reservation has also been submitted. The proposed project meets the requirements of the Palm Beach County Traffic Performance Standards Ordinance as demonstrated in the traffic analysis. Additionally, potable water and sanitary sewer service is available to the property at the appropriate Level of Service. 8. Changed Conditions or Circumstances. The applicant states that as Palm Beach County continues to develop at a fast-pace, obnoxious uses such as Gun Clubs, which require a large land area and include a wide range of rifle, pistol, air gun, archery, and skeet shooting ranges, find it difficult to locate without being adjacent to incompatible uses. This rezoning, in conjunction with the 20 Mile Bend Development Program, provides a unique opportunity to locate these uses away from residential, while having enough property to site other compatible uses such as the PBCC Public Training Facility, which is directly associated with the public and private shooting ranges, and training facilities planned for the subject property. Therefore, there are changed conditions or circumstances that necessitate the approval of this Rezoning to the PO Zoning District. 519

17 Class B Conditional Use Standards 1. Consistency with the Plan. The subject property is located in the Glades Tier according to the Palm Beach County Growth Management Tiers Map and has a Future Land Use designation of Agricultural Production (AP). The proposed Gun Club, Open use is consistent with both the Glades Tier and the AP Future Land Use. Pursuant to Policy 1.6-a of the Palm Beach County Comprehensive Plan, Recreation uses are allowed in the Glades Tier. Therefore, the proposed Gun Club, Open use is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Consistency with the Code. A small portion of the subject property that will be designated for the Gun Club, Open Class B Conditional Use is currently Zoned Public Ownership (PO). The majority of the property proposed for the Gun Club, Open Use is proposed to be rezoned from the Agricultural Production (AP) to the PO Zoning district via the proposed Development Order Amendment (DOA) and companion rezoning request. The PO zoning district is consistent with the adopted Land Use Designation of Agricultural Production (AP). Article 3.C.1.A. of the ULDC states, the PO district is consistent with all FLU designations and Table 3.D.1.A-5 waives the property development regulations for PO Zoning districts subject to use limitation in Article 4. In accordance with the ULDC, a Class B Conditional Use is being requested for the Gun Club, Open use. Therefore the proposed Gun Club, Open Class B Conditional Use in the PO Zoning district is consistent with the ULDC. 3. Compatibility with Surrounding Uses. The proposed Gun Club, Open Class B Conditional Use is compatible with surrounding uses. The surrounding uses to the north across both the SFWMD L-7 Canal and Southern Boulevard (State Road 80) are Agriculture; to the south are the SFWMD and Loxahatchee National Wildlife Refuge Conservation lands; to the west across County Road 880 are Agriculture and Florida Power & Light (FP&L) Utility lands; and to the east are FP&L Utility lands, SFWMD and Loxahatchee National Wildlife Refuge Conservation lands. This area of Palm Beach County is appropriate for a Gun Club, Open use, as there are no residentially Zoned properties surrounding the subject site. Furthermore, there already exists a Gun Range, Private use on the site, which is maintained by the Palm Beach County Sheriff s Office and is open to the public at specific times during the month. Therefore, no negative impact is anticipated to the surrounding properties. 4. Design Minimizes Adverse Impact. The design of the proposed Gun Club, Open use minimizes adverse impacts on adjacent properties. As stated previously, the surrounding properties contain uses associated with agriculture, conservation and utility. There are no residential Zoned properties surrounding the site. The proposed Gun Club, Open use will be located adjacent to the existing Gun Range, Private use on the site, and is designed as a selfcontained facility, having no negative effects on surrounding properties. Therefore, the Gun Club, Open use being proposed will not have any negative impacts on surrounding properties, including visual impact and intensity of the proposed use on adjacent lands. 5. Design Minimizes Environmental Impact. The subject property currently contains a Gun Range, Private use, which is consistent with the proposed Gun Club, Open use being proposed. The site is predominately cleared and does not contain any large stands of native vegetation. The west portion of the subject property contains row crops and is being used for agriculture purposes. The eastern portions of the site support weeds and under-story plants. Prohibited and exotic species will be removed from the subject property as required by the ULDC. Furthermore, the proposed Gun Club, Open use will be contained within the site, and will not have a negative effect on the surrounding agriculture and conservation lands. 520

18 6. Development Patterns. The development patterns in the area have continued to be that of agriculture, utility, and conservation. There are no residential development patterns in this area, and the Gun Club, Open Class B Conditional Use proposed in this application is suitable for this property and the surrounding area. As stated previously, the subject property already contains an active Gun Range, Private use. The proposed project poses a unique opportunity to collocate use such as Public and Private Gun Clubs on the same property, away from residential uses. Therefore, the proposed Gun Club, Open Class B Conditional Use results in a logical and orderly development pattern consistent with those uses contiguous to the subject property. 7. Consistency with Neighborhood Plan. This property is not located within the boundaries of any Neighborhood Plan. 8. Adequate Public Facilities. As part of the Class B Conditional Use application and for other permitted uses proposed on the subject property, a request for Concurrency Reservation has been submitted. The proposed project meets the requirements of the Palm Beach County Traffic Performance Standards Ordinance as demonstrated in the traffic analysis. Additionally, potable water and sanitary sewer service is available to the property at the appropriate Level of Service. 9. Changed Conditions or Circumstances. As Palm Beach County continues to develop at a fast-pace, uses such as Gun Clubs, which require a large land area and include a wide range of rifle, pistol, air gun, archery, and skeet shooting ranges, are difficult to locate without being adjacent to incompatible uses. Many public shooting ranges in eastern Palm Beach County have been closed, as the land has become more valuable for residential development, or because the ranges become incompatible with surrounding properties. Palm Beach County has partnered with the Florida Fish and Wildlife Conservation Commission to construct new public shooting facilities associated with the proposed Public Shooting Range at the 20 Mile Bend location. The proposed Gun Club, Open Class B Conditional Use in conjunction with the 20 Mile Bend Public Use Development program provides a unique opportunity to co-locate these uses away from residential properties, while having enough property to site other compatible uses such as the PBCC Public Safety Training Facility, which is directly associated with the Gun Clubs and training facilities planned on the subject property. Therefore, there are changed conditions or circumstances that necessitate the approval of this Gun Club, Open Use in this particular location 521

19 EXHIBIT C (DEVELOPMENT ORDER AMENDMENT) CONDITIONS OF APPROVALS ALL PETITIONS 1. All previous conditions of approval applicable to the tower site, as contained in Resolution R (Control ), have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: A) Building permits for more than the 330 position shooting range, ac park, 714 student community college and 28,000 sf Light Industrial (or the equivalent of way AM peak hour trips) shall not be issued until construction commences for the following improvements at the intersection of Southern Blvd. and Seminole Pratt-Whitney Road: West approach second left turn lane East approach third through lane East approach second right turn lane North approach third left turn lane (BLDG PERMIT: MONITORING Eng) B) No Building Permits for the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) C) The mix of allowable uses, as permitted by the Zoning Division, listed above may be adjusted by the County Engineer only if based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (ONGOING) 2. Building permits shall not be issued after December 31, 2016 until either acceptable surety required for the intersection improvements outlined in Condition 1A above has been posted with the Office of the Land Development Division or the improvements have been programmed for construction in the PBC Five Year Road Program. Surety shall be in the amount of 110% of a Certified Cost Estimate provided by the Developer's Engineer and approved by the County Engineer. This surety may be required to be adjusted within 30 days notification from the County Engineer. This revision shall be based upon an updated cost estimate prepared by the Roadway Production Division at the time the final construction plans are completed. (DATE: MONITORING - Eng) 3. Prior to technical compliance for the first plat, the property owner shall provide a roadway construction easement to Palm Beach County This roadway construction easement shall contain an isosceles trapezoid connecting the required corner clips across this property owners entrance road right of way. Construction within this easement shall conform to Palm Beach County 522

20 Standards The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents (TC:ENGINEERING-Eng) 4. Prior to technical compliance for the first plat, the property owner shall provide a temporary roadway construction easement along CR 880 to Palm Beach County This roadway construction easement shall contain an isosceles trapezoid connecting the required corner clips across this property owners entrance road right of way. Construction within this easement shall conform to Palm Beach County Standards The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDG PERMIT:MONITORING-Eng) 5. The Property owner shall construct : A) left turn lane north approach on CR 880 at the project's internal road right of way (southerly entrance). B) the internal 80' road Right-of-way for CR 880 to the entrance to Phase 1 PBCC Classrooms and administration offices C) All construction for this condition shall be concurrent with the subdivision improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-ofway. D) Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit for the SFWMD parcel. (BLDG PERMIT: Monitoring-Eng) E) Construction shall be completed prior to the issuance of the certificate of Occupancy for the SFWMD parcel. (CO: MONITORING-Eng) 6. Prior to issuance of a Building Permit the Property owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) HEALTH 1. The site shall be served by sanitary sewer and a community water system. Neither an onsite sewage treatment and disposal system (OSTDS) nor potable water wells shall be approved for use on the property. All existing OSTDS shall be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. All existing onsite potable water wells shall be abandoned in accordance with Chapter 64E-8, FAC and Palm Beach County ECR-II (ONGOING: HEALTH- Health) ZONING - LANDSCAPING-TOWER SITE 1. The petitioner shall provide a minimum ten (10) foot wide Alternative 3 landscape buffer adjacent to the site. (Previous Condition C.1 of Resolution , Control No. 94-6) (DRO: LANDSCAPE - Zoning) [complete] 2. The landscape buffer for the communication tower shall be located on the lease parcel with required landscape materials located on the exterior of the required chain link fence. (DRO: LANDSCAPE - Zoning) [complete] ZONING-TOWER SITE 1. Prior to site plan certification, the petitioner shall submit documentation to the Zoning Division which demonstrates that the proposed facility does not violate FAA Regulations and\or advisory circulars of the Palm Beach County Airport Zoning Regulations. This documentation shall be subject to approval by the Palm 523

21 Beach County Department of Airports. (Previous Condition A.1 of Resolution , Control No. 94-6) (DRO: ZONING - Airports) [complete] 2. Palm Beach County or the State of Florida shall have the right to co-locate communication equipment on the tower subject to an acceptable lease agreement provided that the placement of the equipment does not interfere with the petitioner's equipment or operations. (Previous Condtiion B.2 of Resolution , Control No. 94-6) (ONGOING: PREM- PREM) 3. Prior to site plan certification by the DRC, the petitioner shall comply with the shared use provisions of the ULDC, Section 6.4.D.22.k. (shared use), as may be amended. Additional square footage on the site of the tower approval, to accommodate additional unmanned users only, may be permitted administratively subject to approval by the DRC. (Previous Condition B.2 of Resolution , Control No. 94-6) (DRO: ZONING - Zoning) [complete] 4. Prior to site plan certification, the petitioner shall provide documentation that the tower does not encroach into any public or private airport runway protection zone as established by the Federal Aviation Administration. This documentation shall be approved by the Palm Beach County Department of Airports. (DRO: ZONING - Airports) [complete] 5. The communication tower shall be limited to a maximum height of 480 feet, measured from finished grade to highest point. (Previous Condition B.4 of Resolution , Control No. 94-6) (DRO: ZONING - Bldg) COMPLIANCE 1. Previous Condition D.1 of Resolution , Control No. 94-6) which currently states: 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, 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; 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 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. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (MONITORING) Is hereby amended to read: In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner both on the record and as part of the application process. Deviations from or violation of these 524

22 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, 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 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 a 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 Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Departmental administrative actions made pursuant to this condition may be appealed as provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning) This resolution is effective when filed with the Clerk of the Board of County Commissioners. 525

23 EXHIBIT C-1 (CLASS B CONDITIONAL USE) CONDITIONS OF APPROVALS ALL PETITIONS 1. Development of the site is limited to the uses approved by Zoning Commission. The approved site plan for the acre Gun Range, Open is dated April 16, All modifications must be approved by the Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for the primary buildings shall be submitted simultaneously with the site plan for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) HEALTH 1. The site shall be served by sanitary sewer and a community water system. Neither an onsite sewage treatment and disposal system (OSTDS) nor potable water wells shall be approved for use on the property. All existing OSTDS shall be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. All existing onsite potable water wells shall be abandoned in accordance with Chapter 64E-8, FAC and Palm Beach County ECR-II (ONGOING: HEALTH- Health) COMPLIANCE 1. In granting this approval, the Zoning Commission relied upon the oral and written representations of the property owner 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 Zoning Commission 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, 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 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. 526