Res. No. 12-24 (Recorded)CFN 20240168690
OR BK 35019 PG 1520
RECORDED 5/15/2024 1:11 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 1520 - 1524; (5pgs)
RESOLUTION NO.12-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DENYING A WAIVER REQUEST 'TO
SECTION 4.4.13(I)(3)(B)1, OF THE LAND DEVELOPMENT
REGULATIONS TO ALLOW THE PRIMARY SOURCE OF
VEHICULAR ACCESS TO OFF-STREET PARKING FROM A
PRIMARY STREET FOR THE PROPERTY LOCATED AT 605 NE 2ND
STREET, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING AN EFFECTIVE DATE; AND FOR. OTHER PURPOSES.
WHEREAS, Downtown Second Street, LLC, and 355-357 Cottage Place Associates, LLC,
(collectively "Owner"), are the owners of a parcel of land measuring approximately 0.36 acres located at 605
NE 2nd Street (the "Property"), as more particularly described in Exhibit "A"; and
WHEREAS, the City of Delray Beach, Florida (the "City") received a Level 4 Site Plan Application
with waivers (File No. 2022-008) from the Owner, seeking to construct an eight -unit townhouse development
("Project"); and
WHEREAS, the Property is zoned Central Business District ("CBD") within the Central Core Sub-
district; and
WHEREAS, Section 4.4.13(1)(3)(b)1. of the Land Development Regulations (the "LDR") requires
the primary source of vehicular access to off-street parking be from alleys and Secondary Streets, when
present; and
WHEREAS, one of the Project°s primary sources of vehicular access to off-street parking is from NE
2,d Street, a Primary Street, even though the Property borders an alley, and
WHEREAS, LDR. Section 2.4.11(B)(5) requires the approving body to make a finding that the
granting of a 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; and
WHEREAS, LDR Section 2.4.11(B)(5)(e), which govern waivers from development standards in the
CBD, also require the approving body to make a finding that the granting of the waiver:
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(a) Shall not result in an inferior pedestrian experience along a Primary Street, such as exposing
parking garages or large expanses of blank walls;
(b) Shall not allow the creation of significant incompatibilities with nearby buildings or uses of
land;
(c) Shall not erode the connectivity of the street and sidewalk network or negatively impact any
adopted bicycle/pedestrian master plan; and
(d) Shall not reduce the quality of civic open spaces provided under this code; and
WHEREAS, LDR Section 2.4.11(13)(4)(b)1., requires the Planning and Zoning Board to make a
formal recommendation to the City Commission prior to final action; and
WHEREAS, at its meeting on April 15, 2024, the Planning and "Zoning Board voted 5 to 2 to
recommend approval to the City Commission of the requested waiver, with the condition that the access be
one-way, exiting onto NE 2nd Street, with ingress provided from the alley; and
WHEREAS, on May 7, 2024, the City Commission considered the waiver request as well as the
respective findings as set forth in the LDR.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby incorporated herein by this reference and are
approved.
Section 2. The City Commission does not make positive findings that the requested waiver (1)
does not adversely affect the neighboring area, (2) does not significantly diminish the provision of public
facilities, (3) does not create an unsafe situation, and (4) 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.
Section 3. The City Commission does not make positive findings that the requested waiver (1)
does not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages
or large expanses of blank walls, (2) does not allow the creation of significant incompatibilities with nearby
buildings or uses of land, (3) does not erode the connectivity of the street and sidewalk network or negatively
impact any adopted bicycle pedestrian master plan, and (4) does not reduce the quality of civic open spaces
provided under this code.
Section 4. The City Commission denies the waiver request to LDR Section 4.4.13(I.)(3)(b) I " to
allow the primary source of vehicular access to off. -street parking from NE 2nd Street, a Primary Street.
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RES. NO. 12-24
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Section 5. The City Clerk, or designee, is directed to send a certified copy of this Resolution to
Miskel Backman, LLP, 14 SE 4th Street, Suite 36, Boca Raton, FL, 33432.
Section 6. All resolutions or parts of resolutions in conflict herewith shall be and hereby are
repealed.
Section 7. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the / day of , 2024.
ATTEST:
6
Katerri Johnson, City aerk
Approved o nd legal sufficiency:
Lynn , ity kiwomey
Thomas F. Carney, ., Mayor
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RES. NO. 12-24
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Exhibit "A"
Lots 9 and 10, Block 114, Map of the 'Town of Linton (now Delray Beach), according to the map
or plat thereof, as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida.
LESS the following described property conveyed to the State of Florida in Official Records Book
624, Page 160, as follows: `The West 5 feet of Lots 9 and 10, Block 114, Delray Beach, formerly
Linton, Florida, according to the Plat thereof as recorded in Plat Book 1, Page 3, Palm Beach
County Public Records.
ALSO LESS, A parcel of land in Lot 10, Bock 114, Delray Beach, as recorded in Plat Book 1,
Page 3, Palm Beach County Public Records, more particularly described as follows: From a point
on the South line of Lot 10, located 5 feet Easterly from the S.W. corner of said Lot 10, run Easterly
along; said South line for 14.84 feet; thence run Northwesterly along curve concave to the Northeast
and having a radius of 15 feet for 23.40 feet through a central angel of 89°23'00" to a point on a
line parallel to and 5 feet Easterly from the West line of said Lot 10; thence run South 01°08'35"
East along said parallel line for 14.84 feet to the Point of Beginning.
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RES. NO. 12-24
CFN 20240168690
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Florida
CITY OF DELRAY BEACH,
OFFICE OF THE CITY CLERK 1
100 N.W. 1s' AVENUE 10 DELRAY BEACH 4 FLORIDA 33444 41 (561) 243-7050 I
1"3.2001.2017
CERTIFICATION
I, Katerri Johnson, City Clerk of the City of Delray Beach, do hereby certify
that the attached document is a true and correct copy of Resolution No. 12-24, as the
same was denied by the Delray Beach City Commission in regular session on the 71h day
of May 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of
the City of Delray Beach, Florida, on this the 13th day of May 2024.
Katerri John n
City Clerk
City of Delray Beach, Florida
SERVICE • PERFORMANCE. • INTEGRITY Y • RESPONSIBLE • INNOVATIVE • TEi WPYORK