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0784 Resolution Approving Zoning Application Doa-2012

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0784 Resolution Approving Zoning Application Doa-2012 RESOLUTION NO. R-2012- 0784 RESOLUTION APPROVING ZONING APPLICATION DOA-2012-00111 (CONTROL NO. 1998-00050) a Development Order Amendment APPLICATION OF Lion Country Safari Inc BY Urban Design Kilday Studios, AGENT (Lion Country Safari MUPD) WHEREAS, the Board of County Commissioners, as the governing 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; and 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), have been satisfied; and WHEREAS, Zoning Application DOA-2012-00111 was presented to the Board of County Commissioners at a public hearing conducted on May 24, 2012; and WHEREAS, the Board of County Commissioners has considered the evidence and testimony presented by the applicant and other interested parties, the recommendations of the various county review agencies, and the recommendation of the Zoning Commission; and WHEREAS, the, Board of County Commissioners 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 the request; and WHEREAS, this approval is subject to Article 2.E (Monitoring), of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and WHEREAS, THE BOARD OF COUNTY COMMISSIONERS hereby incorporates by reference the Findings of Fact in the staff report addressing the standards contained in Article 2.B.2.B for a a Development Order Amendment. 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 DOA- 2012-00111, the petition of Lion Country Safari Inc, by Urban Design Kilday Studios, agent, for a Development Order Amendment to reconfigure the Site Plan to transfer acreage from Pod A to Pod D; add square footage in Pod D; and to amend and delete Conditions of Approval (Use Limitations, Noise, and Signs) in the Multiple Use Planned Development (MUPD) 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 May 24, 2012, subject to the Conditions of Approval described in EXHIBIT C, attached hereto and made a part hereof. Application No. DOA-2012-00111 Page 1 Control No. 1998-00050 Project No 05000-169 Commissioner Taylor moved for the approval of the Resolution. The motion was seconded by Commissioner Aaronson and, upon being put to a vote, the vote was as follows: Aye Commissioner Shelley Vana, Chair Commissioner Steven L. Abrams, Vice Chairman Aye Commissioner Karen T. Marcus Aye Commissioner Paulette Burdick Aye Commissioner Burt Aaronson Aye Commissioner Jess R. Santamaria Aye Commissioner Priscilla A. Taylor Aye The Chairperson thereupon declared that the resolution was duly passed and adopted on May 24, 2012. Filed with the Clerk of the Board of County Commissioners on June 8. 2012 This resolution is effective when filed with the Clerk of the Board of County Commissioners. APPROVED AS TO FORM PALM BEACH COUNTY, FLORIDA AND LEGAL SUFFICIENCY BY ITS BOARD OF COUNTY COMMISSIONERS SHARON R. BOCK, CLERK & COMPTROLLER /) () BY: !Acf3i?(J~-. COUNTY ATTORNEY Application No. DOA-2012-00111 Page 2 Control No. 1998-00050 Project No 05000-169 EXHIBIT A LEGAL DESCRIPTION BEING ALL OF SECTION 23, TOWNSHIP 43 SOUTH, RANGE 40 EAST, PALM BEACH COUNTY, FLORIDA. LESS, HOWEVER, THE SOUTH 460.00 FEET OF THE WEST 290.00 FEET THEREOF AND THE SOUTH 300.00 FEET THEREOF. LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL A PARCEL OF LAND IN SECTION 23, TOWNSHIP 43 SOUTH, RANGE 40 EAST, PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 23, AFORESAID; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 23, A DISTANCE OF 1870.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG SAID EAST LINE OF SECTION 23, A DISTANCE OF 1775.02 FEET TO A POINT; THENCE SOUTHWESTERLY 2228.38 FEET ALONG A LINE MAKING AN ANGLE OF 65° 12' 21" THROUGH THE SOUTHWEST, WITH THE LAST DESCRIBED COURSE; THENCE WESTERLY 521.29 FEET ALONG A LINE MAKING AN ANGLE OF 155° 57' 00" THROUGH THE NORTHWEST, WITH THE LAST DESCRIBED COURSE; THENCE SOUTHERLY 866.75 FEET ALONG A LINE MAKING AN ANGLE OF 90° 23' 59" THROUGH THE SOUTHEAST, WITH THE LAST DESCRIBED COURSE; THENCE EASTERLY 2539.22 FEET ALONG A LINE MAKING AN ANGLE OF 89° 36' 01" THROUGH THE NORTHEAST, WITH THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING; LESS THE NORTH 150 FEET OF THE WEST 300 FEET THEREOF. CONTAINING 24678107.63 SQUARE FEET OR 566.53 ACRES MORE OR LESS. Application No. DOA-2012-00111 Page 3 Control No. 1998-00050 Project No 05000-169 EXHIBIT B VICINITY SKETCH EXHIBITB LOCATION MAP: NTS o a::: >­w Z l- I ~ OKEECHOBEE BLVD. I- >- . 0::: 0 ~ 1-> c.. z-l W :::>cc ...J 0- o u~ Z zLL. ~ 0« W -00 00 ...J NORTH SOUTHERN BLVD. (STATE RD. 80) PALM BEACH COUNTY VICINITY SKETCH / ZONING Petition No: 9;;.;;:8-..;;,05=0______ _ Zoning Quad Page:.-::;9.;:..1 ______ Date: 1-18-12 Application No. DOA-2012-00111 Page 4 Control No. 1998-00050 Project No 05000-169 EXHIBIT C CONDITIONS OF APPROVAL ALL PETITIONS .. 1. Condition A.1 of Resolution R-99-0963, Control No. 98-50 which currently states. All previous conditions of approval applicable to the ~~bject property, as c~ntained in Resolution R-76-568 (Petition 76-66), R-78-1413 (Petition 78-227), ResolutlO~ 96-996 (Petition 78-227(A», and Resolution R-1623 (Petition 79-224),. ~ave been consolldat~d as indicated herein and remain in full force and effect. The petltl?ner shall co~ply With all previous conditions of approval and deadlines previously established by. ~ectlon 5.8 ofth~ ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING. MONITORING-Zoning) Is hereby amended to read: All previous Conditions of Approval applicable to the su~j.ect property, as contai~ed in Resolution R-76-568 (Petition No. 76-66), R-78-1413 (Petition No. 78-227), Resolution R- 96-996 (Petition No. 78-227(A», Resolution R-79-1623 (Petition No. 7~-224) a~d Resolution R-99-0963, (Control No. 98-50) have been consolidated as contained he~eln. The property owner shall comply with all previous Conditions of Approval and deadlines previously established by Article 2.E of the Unified Land Development Code (ULDC~ ~nd the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Condition A.2 of Resolution R-99-0963, Control No. 98-50 which currently states: Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved preliminary development plan is dated March 17, 1999, the regulating plan is dated February 8, 1999, and the conceptual site plan for the hotel pod (Pod F) is dated August 27, 1998. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING) Is hereby amended to read: The approved Preliminary Site Plan is dated March 15, 2012. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ACCESS 1. Public access to the development shall be limited to the existing access from Lion Country Safari Boulevard and the future Okeechobee Boulevard. The existing access from Cheetham Hill Boulevard shall be limited for the use of the commercial communication tower, wastewater treatment plant and weekly hay deliveries. No access, public or nonpublic, shall be permitted from Allan Black Boulevard. (ONGOING: CODE ENF - Zoning) (Previous Condition B.1 of Resolution R-99-0963, Control No. 98-50) 2. New or proposed internal or external accessways, and parking areas shall not encroach in the required three hundred (300) foot buffers. The western buffer may be reduced to a minimum one hundred fifty (150) feet depth for a maximum one thousand (1,000) feet length encroachment in order to accommodate the proposed 40' vehicular access for the hotel located in Pod F along the western side of the existing drive through zoo drainage ditch. (ONGOING/ORO: CODE ENF Zoning) (Previous Condition B.2 of Resolution R-99-0963, Control No. 98-50) 3. The internal vehicle queuing and parking layout lanes proposed on the regulating Application No. DOA-2012-00111 Page 5 Control No. 1998-00050 Project No 05000-169 plan dated November 12, 1998 shall be considered conceptual and an alternative queuing and parking layout approved by the Zoning Division and Engineering Department will be required prior to certification of the Preliminary Development Plan by the Development Review Committee. (ONGOING/ORO: ZONING Zoning) (Previous Condition A.3 of Resolution R-99-0963, Control No. 98-50). [Note: COMPLETED] ARCHITECTURAL REVIEW-ARCHITECTURAL CONTROL 1.
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