Res. No. 177-24 (Recorded)CFN 20240347169
OR BK 35316 PG 788
RECORDED 10/8/2024 1:05 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 788 - 792; (5pgs)
RESOLUTION NO. 177-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST -CO
SECTION 4.4.13(E)(2)(a) OF THE LAND DEVELOPMENT
REGULATIONS ALLOWING A STREETSCAPE WIDTH OF I I FEET 2
INCHES FOR T14E PROJECT LOCATED AT 306 NE 2ND STREET. AS
MORE PARTICULARLY DESCRI13ED HEREIN, PROVIDING AN
EI°FECTiVE DATE. AND FOR OTITER PURPOSES.
WHEREAS, 306 Ni: 2ND STREET, LLC ("Owner"), is the owner of a parcel of" land mcasur:nP
approximately 0.85 acres located at 306 Nip 2nd Street ("Property"). as more particularly described in Exhibit
Ali; and
WHEREAS. the Property is zoned Central Business District ("C'13i]"} within the Central Core and
Railroad Slab -district; and
WHEREAS. Owner desigriatcd Jon Kinsman to act as its went regarding the Property; and
WHEREAS. the City oCDelray Beach. Florida ("City") received a Level 4 Site Plan Application with
wain{ers (File No, 202 1-196) from O4vncr, seeking to construct a 4-story, rnixed-use retail and residential
deg elopixlent ("l'rojeeL"): and
WHEREAS, Section 4.4.13(1')(2)(a) of the City of Delray Beach Land DevelopnienL Regeilattolls
("LDR") requires a minirlluni streetscape width ol' 15 feet; and
WHLRI�AS, the Preltect includes a ~Waiver request to allow a streeiscape width of I I leaet, 2 inches;
and
WHEREAS, LDR Section 2.4.1 1(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:
(e) Shull not create all unsafe situation, and,
(d) Does not result in the grant of a special privilege in that the same waiver would be g,rautcd
under a similar ciretimstanec on other property for another applicant or owner', and
WHEREAS. I_DR Section 2.4.1 1(I3)(5)(e), which goveril waivers tronn developi1lent standards in the
C BD, also require the approving, body to make a finding that the gr�inting of the waiver:
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OR BK 35316 PG 789
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I } 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 (tie street and sidewalk network or negatively impact any
adopted bicyclelpedvstriaan master plan; and
(4) Shall not reduce the quality of civic open spaces provided under this code;: and
WI IERI:-:AS, on August t 2, 2024. the: Planning and Zoning Hoard voted 4 to 1 to reconvrie;nd approval
to the City Commission, and
WHEREAS. on October 1, 2024, the. C.'ity Corni-nission considered the waiver request as well as the
respective findings as set forth in the Land Development Regulations.
NOW. THEREFORE, BE IZ' RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, AS MLL OWS:
Section I. Tile roregoin�g recitals are hereby affirmed and ratified.
Section 2. 'The City C'onlnlission slakes positive findings that the requested waiver ( I ) does not
adversely affect the neighboring area. (2) does not significantly diminish the provision of public facilities.
(3) does not create an unsafe siLuation. and (4) does not result in the grant cif a special privilege in that the
same waiver would be granted under a similar circumstance oil other properly for another applicant or owiler.
Section 3. The City Commissions makes positive lndings that the regUested waiver (1) dues not
result ill an inferior pedestrian experience alori;,: a Primary Street. such as exposing parking garages or large
expanses Of blank walls, (2) clues not allow the creation of significant incompatibilities with nearby buildings
or uses of land, (3) does not erode the connectivity of the street and sideiA alk network or negatively impact
any adopted bicycle pedestrian master plan, and (4) does not roduce the duality ofciN is open spaces provided
under this code.
Section 4. The City Commission approves the waiver request: to I_I]R Section 4.4.13(E)(2)(a), to
allow a strectscrape width of 1 I feet 2 inches.
Section 5. 'The City Clerk, or designee. is directed to send to certified copy of this Resolution to
Jon Kinsman, 265 NE 5th Avenue, Delray Reach, Florida. 33483.
Section 6. All resolutions or parts Of resolutions in Conflict herewith shall lac and hereby are
repealed.
RE& NO. 177-24
CFN 20240347169
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Section 7. This ResolLltlol7 shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session ou the Z hi, day of " � , 2024.
ATTEST:
Alexis Givings, liter` ii City Clerk
Appi;ovgd askria'" and legal sufficiency:
Lyn
Thomas F. Carncy, Jr., Mayor
R];,S. NO. 177-24
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Exhibit "A"
A PARALLELOGRAM SHAPED PARCEL OF LAND MEASURING APPROXIMATELY 50' X 480'
WHICH LIES ADJACENT "TO A PORTION OF LOT 3 AND LOTS 4 1-0 12 IN BLOCK 90 OF 1_R,
BENJAMIN'S SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
'THE EASTERLY 50 FEET OF THE FLORIDA EAST COAST RAILWAY COMPANY 150 FOOT
RIGHT OF WAY IN BLOCK 90 OF THE TOWN OF DELRAY, FLORIDA, ACCORDING TO MODEL
LAND COMPANY'S SUBDIVISION AND PLATTHEREOF RECORDED IN PLAT BOOK 9, PAGE 33,
THAT LIES ADJACENT TO THE SOUTH ONE-HALF OF LOT 3 AND LOTS 4 THROUGH 12,
INCLUSIVE, IN BLOCK 90 OF L.R.. BENJAMIN'S SUBDIVISION ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 12. PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGFTIIFR WITH,
THE NORTH 100 FEET OF BLOCK 91, LYING EAST OF FLORIDA FAST COAST RAILWAY
COMPANY RIGHT OF WAY IN THIS CITY OF DELRAY BEACH (FORMERLY LINTON), FLORIDA.
ACCORDING TO THE PLAT THEREOF, RE('IORDED IN THE OFFICE OF THE CLERK OF 'THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY. FLORIDA.. IN PLAT BOOK L AT PA(;E
WHICH IS 'THE SAME PROPERTY AS SHOWN ON THE PLAT OF THE RESUBDIVISION OF
BLOCKS 91 AND 92, ANDTHE WEST HALF OF BLOCK 99, TOWN OFLINTON. DADE COUNTY,
FLORIDA, FILl_'D MAY 9, [912.1 AND RECORDI_-il) IN PLAT BOOK 2, PAGE 21, PALM BEACH
COUNTY, FLORIDA, RECORDS. S14OWN AS BEING SITUATL' ON THE NOR" HL*RLY SIDE OF
THE RESUBDIVISION OF BLOCK 91. BEING AN AREA 100 FLED PROM THE N0R`I_HTO SOUTH
ON THE EAST, RUNNING WEST OF THE FLORIDA LAST COAST RAILWAY COMPANY RIGHT
OF WAY, AND DESIGNATED "NOT INCLUDED" AND BEING THE PROPE'RTY IN PART
CONVEYED TO CALVIN W. GARNER. AND EULALIE M. GARNER, HIS WIFE1,10 L.C. VAUGHN,
BY DEED DATED APRIL 26. 1954, RECORDED IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA. IN DEED BOOK 1052, AT PAGI452.
RES, NO, 177-24
CFN 20240347169
OR BK 35316 PG 792
Pg: 5 Wray Beach
Florida
CITY OF DELRAY BEACH w
OFFICE OF THE CITY CLERK
100 N.W. IS'AVENUE # DELRAY BEACH • FLORIDA 33444 * (561) 243-7050
M3.2001.201'
CERTIFICATION
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. 177-24, as the
same was passed and adapted by the Delray Beach City Commission in regular session
on the 1st 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 2n 1 day of October 2024.
1
Alexis Givings
Deputy City- Clerk
City of Delray Beach, Florida
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