Board Order for Item 7.B. (03-01-17 CC Meeting)IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR ATLANTIC CROSSING
LOCATED BETWEEN NE 6TH AVENUE (FEDERAL HIGHWAY) AND VETERANS PARK AND
BETWEEN ATLANTIC AVENUE AND NE '1ST STREET, ALONG WITH THE PARKING LOT AT
THE NORTHEAST CORNER OF NE 15T STREET AND NE 7TH AVENUE.
1, These waiver requests came before the City Commission on March 1, 2017.
2. The Applicant and City staff'presented documentary evidence and testimony to
the City Commission pertaining to the waiver requests for Atlantic Crossing located between NE
6th Avenue (Federal Highway) and Veterans Park and between Atlantic Avenue and NE 18t
Street, along with the parking lot at the northeast comer of NE 1 at Street and NE 7th Avenue. All
of the evidence is a part of the record in this case. Required findings are made in accordance
with Subsectlon 1.
1. WAIVER: Pursuant to LDR Section 2.4.7(13)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
1. A waiver to LDR Section 6.3.1(13)(2), which requires a minimum right�of-
way width of .50 feet for' the new east/west road between NE 60 Avenue
and NE 7t4 Aveove where 30 feet is proposed.
Should the waiver to reduce the right-of-way width from 60 feet to 30 feet
be granted?
Yes X_ No
2, A waiver to LDR Section 6.1.3(B)(1)(f), which requires an 8 -foot wide
sidewalk,; whereas 6 feet is proposed along the north side of the new
east./west road between NE a Avenue and NE 7th Avenue.
Should the waiver to reduce the sidewalk width from 8 feet to 6 feet be
granted?
Yes X No
I A waiver to LDR Section 4.4.13(F)(4), which requires minimum and
maximum building setbacks for the buildings and frontages along the new
easttwest road between NE 61h Avenue and NE 7th Avenue
Should the waiver to building setbacks along the new connecting road
between SE 6th Avenue and SE 7th Avenue be granted?
Yes X No
4. A waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires a minimum
wall transparency on the ground floor of 75%, whereas 37.5% is
proposed, for the building on the south side of the new east/west road
between NE a Avenue and NE 7th Avenue.
Should the waiver to reduce the ground floor wall transparency from 75%
to 37.5% be granted?
Yes X No
3, The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was submitted and
finds that its determinations set forth in this Order are consistent with the Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial evidence to
support its findings in the record submitted and adopts the facts contained in the record
including but not limited to the staff reports, testimony of experts and other competent
witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X____
denies this waiver request to LDR Section LDR Section 5.3.1(D)(2).
7. Based on the entire record before it, the City Commission approves _X—
denies this waiver request to LDR Section 6.1.3(B)(1)(0.
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8. Based on the entire record before it, the City Commission approves _X—
denies this waiver request to LDR Section 4.4.13(F)(4).
9. Based on the entire record before it, the City Commission approves —X
—
denies this waiver request to LDR Section 4.6.18(8)(14)(Iv)(2).
10. Based on the entire record before it, the City Commission hereby adopts this
Order this March 1, 2017, by a vote of —4—in favor and _OT opposed.
11. This order shall become effective upon approval of 1) the site pian modification
associated with these waiver requests; 2) execution by all parties of a settlement agreement in
the case styled Edwards CDS, LLC v. City of Delray Beach, 2015 CA 007155; and 3) should the
executed settlement agreement in the case styled Edwards CDS, LLC v. City of Delray Beach
be terminated for any reason, this Order and the approvals granted herein shall be void.
ATTEST;
I'Yl
Kimberly Wynn, 4fiing Ci Clerk
Approved as4qftal form
Cary D. Iicks ein, Mayor
lings, Cyrfictor of Planning, Zoning and Building
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