RESOLUTION NO. ZR-2013-001

RESOLUTION APPROVING ZONING APPLICATION ZV-2012-03120 CONTROL NO. 2004-00616

TYPE II VARIANCE (STAND ALONE) APPLICATION OF KRG Atlantic Delray Beach LLC

BY Urban Design Kilday Studios, AGENT (DELRAY MARKETPLACE)

WHEREAS, the Palm Beach County Zoning Commission, 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 a Type II Variance; and

WHEREAS, the notice and hearing requirements, as provided for in Article 2 of the Palm Beach County Unified Land Development Code, have been satisfied; and

WHEREAS, Zoning Application ZV-2012-03120 was presented to the Zoning Commission at a public hearing conducted on January 4, 2013; and

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; and

WHEREAS, this approval is subject to Article 2.E of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and

WHEREAS, the Zoning Commission hereby incorporates by reference the Findings of Facts in the staff report addressing the standards contained in Article 2.B.3.E

WHEREAS, Article 2.A.1.K.3 (Board Action) of the Palm Beach County Unified Land Development Code requires that the action of the Zoning Commission be adopted by resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE ZONING COMMISSION OF PALM BEACH COUNTY, FLORIDA, that Zoning Application ZV-2012-03120, the application of KRG Atlantic Delray Beach LLC, by Urban Design Kilday Studios, agent, for a Type II Variance to allow an increase in the projection from a wall for a Wall Sign and a decrease in the setbacks for Directional Signs, 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 January 4, 2013, subject to the conditions of approval described in EXHIBIT C, attached hereto and made a part hereof, and variance request as described in EXHIBIT D, attached hereto and made a part hereof.

Commissioner Resolution.

Beatty moved for the approval of the

The motion was seconded by Commissioner _----'C=...;a=l.:...::ie;..;..;n=d..=;.o ___ and, upon being put to a vote, the vote was as follows:

Application No. ZV-2012-03120 Control No. 2004-00616 Project No. 01000-788

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Sheri Scarborough, Chair Alex Brumfield III, Vice Chair Jennifer L. Bakcsi Sherry Hyman William Anderson Sam Caliendo Joanne Davis Robert Currie Mark Beatty

Aye Aye Aye Aye Aye Aye Aye Aye Aye

The Chair thereupon declared the resolution was duly passed and adopted on January 4, 2013.

Filed with the Clerk of the Zoning Division on _________ _

This resolution is effective when filed with the clerk of the Palm Beach County Zoning Division.

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Application No. ZV-2012-03120 Control No. 2004-00616 Project No. 01000-788

PALM BEACH COUNTY, FLORIDA BY ITS ZO NG COMMISSIONERS

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EXHIBIT A

LEGAL DESCRIPTION

LEGAL DESCRIPTION: All of the plat of, DELRAY MARKETPLACE, according to the Plat thereof as recorded in Plat Book 115, at Page 19 through 26 inclusive, of the Public Records of Palm Beach County, Florida. Said lands contain 35.84 acres, more or less.

Application No. ZV-2012-03120 Control No. 2004-00616 Project No. 01000-788

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EXHIBIT B

VICINITY SKETCH

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Preserve 1 17.27 Acres

Preserve 4 4.96 Acres

Preserve 2 9.87

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Application No. ZV-2012-03120 Control No. 2004-00616 Project No. 01000-788

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EXHIBIT C

CONDITIONS OF APPROVAL

VARIANCE 1. The Development Order for this non-concurrent Variance shall be valid until

January 4, 2014, a period of one year from the date of the Zoning Hearing. The Property Owner must secure a Signage Permit to vest this Variance. (DATE: MONITORING - Zoning)

2. The approved Variance(s) shall be shown on the Final Site Plan and Final Master Sign Plan. (ONGOING: ZONING-Zoning)

3. The Property Owner shall provide a copy of this Variance approval along with copies of the approved Final Master Sign Plan at time of application for an On-Site Directional Sign and/or a Wall Sign located above an arcade. (ONGOING: BLDG­Zoning)

4.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; the 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 Unified Land Development Code 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 the 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 Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning)

5.ln Granting this Approval , the Zoning Commission relied upon the oral and written representations of the Property Owner/Applicant 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 Board of County Commissioners for review under the compliance Condition of this Approval. (ONGOING: MONITORING - Zoning)

Application No. ZV-2012-03120 Control No. 2004-00616 Project No. 01000-788

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EXHIBIT D

REQUEST

APPLICATION CODE REQUIRED PROPOSED VARIANCE NO. SECTION ZV-20 12-03120 V.1 Sign projection Wall Signs located +90 inches

Art. shall not exceed above the arcade (7 .5 feet) 3.F.2.A.6.a.3) a maximum of 30 may project a Traditional inches from a maximum of 120 Development building face . inches (10 feet) Districts (TDD) from a building - General face. Standards, Signage V.2 Developments To allow directional Art . 8.G.3.D.1. with more than signage within On-Site 250,000 square Directional feet, may be 95 feet (Sign A) , -105 feet (Sign A) Signs - Large allowed an 160 feet (Sign B), & -40 feet (Sign B) Developments unlimited number 165 feet (Sign C) , -35 feet (Sign C)

of directional signs up to ten of the perimeter of feet in height, the project provided all signs are a minimum of 200 feet from the perimeter of the project.

SITUS ADDRESS: Northwest corner of W. Atlantic Avenue and Lyons Road

OWNER NAME & KRG/Atlantic Delray Beach LLC ADDRESS: 30 S Meridian St

Indianapolis IN 46204 PCN: 00-42 -46-18-01-000-0990 00-42-46-18-01-000-1272

00-42 -46-18-01-000-1281 00-42-46-18-01 -000-0971 00-42-46-18-01-000-0981 00-42-46-18-01-000-1273 00-42 -46-18-01-000-1242

ZONING Traditional Marketplace Development (TMD) DISTRICT: BCC DISTRICT: 05

PROJECT Carol Glasser, Site Planner II MANAGER: LAND USE: Commercial Low with an underlying I SIT IR: 18-46-42

Agricultrual Reserve (CLIAGR) CONTROL #: 2004-00616

LOT AREA: 32.82 acres +1-

APPLICANT to allow an increase in the projection from a wall for a Wall Sign and a REQUEST: decrease in the setbacks for Directional Signs

Application No. ZV-2012-03120 Control No. 2004-00616 Project No. 01000-788

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