Res. No. 188-24RESOLUTION NO.188-24
A RESOLUTION OF THIE CITY COMMISSION OF TI IE CITY OF DELRAY
BEACH.FLORIDA.APPROVING A LEVEL 4 STE PLAN.ARCHITECTURAL
ELEVATIONS,AND LANDSCAPE PLAN WlTll A WAIVER TO SECTlON
4.6.16(1)3)OF THIE LAND DEVELOPMENT REGULA TlONS TO ALLOW A
LAN DSC APE ISLAND WITI IOUT A SIIADE TREE FOR Tl lE PROJECT
KNOWN AS TE EDGE AT PINEAPPLE GROVE LOCATED AT 605 NE 2ND
STREET,AS MORE PARTICULARLY DESCRIBED HEREIN:PROVIDING FOR
AN EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS.Downtown Second Street,LLC,and 355-357 Cottage Place Associates,LLC
(collectively "Owners"),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.Owners designated Miskel &Backman.LLP ("Applicant").to act as their agent
regarding the Property;and
WHEREAS.the Property is zoned Central Business District ("CBD)within the Central Core Sub-
district;and
WHEREAS.the City of Delray Beach.Florida ("City")received a Level 4 Site Plan,Architectural
Elevations,and Landscape Plan with a waiver (File No.2022-008)from the Applicant to construct a seven-
unit townhouse development known as the Edge at Pineapple Grove (Project);and
WHEREAS,Section 4.6.16(H)3)(i)of the Land Development Regulations of the City of Delray
Beach ("LDR ")requires one shade tree to be planted in every island with a minimum of 75 square feet of
shrubs and groundcovers;and
WHEREAS,the Project proposes a landscape island with a minimum of 75 square feet of shrubs and
groundcovers without a shade tree;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,
td)Does not result in the grant of a special privilege in that the same waiver would be granted
under a similar circumstance on other property for another applicant or owner;and
WHEREAS.LDR Section 2.4.11(B)(5c),which governs waivers from development standards in
the CBD,also requires the approving body to make a finding that the granting of the waiver:
(l)Shall not result in an inferior pedestrian experience along a Primary Street.such as exposing
parking garages or large expanses of blank walls:.
(2)Shall not allow the creation of significant incompatibilities with nearby buildings or uses of
land;
(3)Shall not erode the connectivity of the street and sidewalk network or negatively impact any
adopted bicycle/pedestrian master plan;and
(4)Shall not reduce the quality of civic open spaces provided under this code;and
WHEREAS.LDR Section 2.1.5(E)(5)j),requires the Planning and Zoning Board to make a
recommendation to the City Commission prior to final action for Level 4 Site Plan Applications;and
WHEREAS,on September 17 .2024,the Planning and Zoning Board voted 5 to I to recommend
approval of the Level 4 Site Plan,Architectural Elevations.,Landscape Plan with a waiver request to the City
Commission,with the condition that the Knox Box for the emergency access from NE 2nd Street is regulated
within the Homeowners Association documents;and
WHEREAS,on October 15.2024,the City Commission considered the Level 4 Site Plan,
Architectural Elevations,and Landscape Plan with a waiver request as well as the Comprehensive Plan and
respective criteria and findings as set forth in the Land Development Regulations.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1.That the foregoing recitals are hereby affirmed and ratified.
Section2.The City Commission makes positive findings that the requested waiver ()does not
adversely affect the neighboring arca,(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 a similar circumstance on other property for another applicant or owner.
Section3.The City Commission makes positive findings that the requested waiver (l)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.
Scction 4.The City Commission approves the waiver request to LDR Section 4.6.16(H3)i)to
allow a landscape island with a minimum of 75 square feet of shrubs and groundcovers without a shade tree.
Section 5.The City Commission approves the Level 4 Site Plan,Architectural Elevations.,and
2
RES.NO.188-24
Landscape Plan with the waiver by finding that the Project is consistent with the Comprehensive Plan and
meets the respective criteria and findings as set forth in the Land Development Regulations.
Section6,The City Clerk,or designee,is directed to send certified copies of this Resolution to
Miske]&Backman,LLP.I4 SE 4"Street.Suite 36,Boca Raton.Florida.33432.
Section 7.
repealed.
Section 8.
All resolutions or parts of resolutions in conflict herewith shall be and hereby are
This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the [5f-day of de0204_.,2024.
?g.u..#g
Alexis Givings.lnt~Q'~
3
RES.NO.188-24
Exhibit "A"
Lots 9 and I0,Block I14,Map of the Town of Linton (now Delray Beach),according to the map
or plat thereof.as recorded in Plat Book I,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 1I4.Delray Beach,formerly
Linton.Florida.according to the Plat thereof as recorded in Plat Book I.Page 3,Palm Beach
County Public Records.
ALSO LESS.a parcel of land in Lot I0.Bock II4,Delray Beach,as recorded in Plat Book I.Page
3,Palm Beach County Public Records.more particularly described as follows:From a point on
the South line of Lot IO,located 5 feet Easterly from the S.W.corner of said Lot IO,run Easterly
along said South line for I4.84 feet:thence run Northwesterly along curve concave to the Northeast
and having a radius of I5 feet for 23.40 feet through a central angel of 892300 to a point on a
line parallel to and 5 feet Easterly from the West line of said Lot IO:thence run South 0170835"
East along said parallel line for 14.84 feet to the Point of Beginning.
RES.NO.188-24
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1'Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL REVIEW FORM
This form is to be used solely for the legal review of documents not including procurement agreements.
Procurement Agreements are reviewed under a separate cover.This form shall only be completed by a member of
the Ciry Attorney's Office.
Date of Review:09/23/2024
Document Name:Resolution 188-24
Document Type:Resolution to be utilized if City Commission approves the Level 4 Site Plan.Landscape Plan.
Architectural Elevations,and waiver request for the project known as the Edge at Pineapple Grove located at 605
NE 2nd Street.
Submitted by:Susana Rodrigues
■This document is approved as to form and legal sufficiency.
D This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
][This document is not approved as to form and legal sufficiency for the following reason(s):
Notes:
s/William_M Bennett_Esq.
Assistant City Attorney
Copy to:
City Attorney's Office (with a copy of the approved document)
_K Other:Susana Rodrigues
CITY OF DELRAY BEACH
OFFICE OF THE CITY CLERK
100 N.W.1S AVENUE •DELRAY BEACH •FLORIDA 33444 •(561)243-7050
CERTIFICATION
Delray Beach
Floridabrrr1AllAmericaCity
1993·2001·2017
I,Alexis Givings,Interim City Clerk of the City of Delray Beach,do hereby certify
that the attached document is a true and correct copy of Resolution No.188-24,as the
same was passed and adopted by the Delray Beach City Commission in regular session
on the 15h day of October 2024.
IN WITNESS WHEREOF,I have hereunto set my hand and the official seal of
the City of Delray Beach,Florida,on this the 16h day of October 2024.
as.,e
Alexis Givings
Interim City Clerk
City of Delray Beach,Florida
Sc .PRroRMANCE •hNrGRIr.RsPoNSIBE •INNOVATE.TEAMWORK