Res. No. 179-24 (Recorded)CFN 20240347182
OR BK 35316 PG 812
RECORDED 10/8/2024 1:13 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 812 - 816; (5pgs)
RESOLUTION NO, 179-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY HEACH, FLORIDA, APPROVING A WAIVER REQUEST 1-0
SECTION 4.4.13(G)(1)(b) OF THE LAND DEVELOPMENT
REGULATIONS REDUCING THE REQUIRED CIVIC OPEN SPACE
FROM 841 SQUARE FEET -1-0 778 SQUARE FEET FOR THE PROJECT
LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN. PROVIDING AN EFFECTIVE DATE; AND FOR
O'Tlll=-R PURPOSES.
W1 I ERFAS, 306 NE 2ND STREET, LLC ("Owner"), is the owner of a parcel of land measuring
approximately 0,85 acres located at 306 NE 2nd Street ("Property"). as more particularly described in Exhibit
"A", and
WHEREAS. the Property is zoned Central Business District ("CBD") within the Central Corcand
Railroad Sub -district; and
WHEREAS. Owner designated Jon Kinsman to act as its agent regarding the Property'. and
Z�
WHEREAS. the City of Dclray Beach, Florida (-City") received a Level 4 Site Plan Application with
waivers (File No. 2023-196) Groin Owner, seeking to construct a 4-story, nixed -use retail and residential
development ("ProJect"): and
WHEREAS, PUI-SUarlt to Scefion 4.4.13(G)(1)(b) of the City of'Delray Beach Land Development
Regulafions ("LDR."), sites between 20.000and 40,000 square Geet are required to provide live percell(ol
the site's area that is above 20,000 square 1'ect as civic open space: and
WHE'RE-AS, pl-irsitant to LDR Section 4.4. 13(G)(]){b) the Project is required to provide 841 square
feet of civic open space; and
WHEREAS, the Project proposes to provide 778 square feet of civic open space; and
WHEREAS, LDR Section 2,4,1 I(B)(5) requires the approvinr, body to make a finding that the
r; ,,ranting ofa waiver:
(a) Shall not adversely affcct the neighboring area:
(b) Shall not significantly diminish the provision of public facilities,
( C) Shall not create all U11SafC SiftlatiOtl; and,
(d) Does not result in the grant of a special privilege in that the sank waiver would be lgl-ailtcd
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under a similar circumstance oil ether property for another applicant or owner; and
WHEREAS, I -DR Section 2.4.1 I (13)(5)(c), which govern waivers from development standards in the
C13D, also require the approving body to make a tindine that the granting of the waiver:
(1) Shall not result in an inferior pedestrian experience along a Primary Street, such as exposing;
parking garages car large expanses of blank walls,
(2) Shall not allow the creation of significant incompatibilities with nearby buildings OF uses of
land,
(3) Shall not erode the connectivity of the street and sidewalk network or negatively impact any
adapted bicycle/pedestrian master plan; and
(4) Shull not reduce the quality of civic Open ,paces provided under this code, and
WHEREAS, on August 12, 2()?4, the: I'lainning and 7oning Board voted 5 tip 0 to recommend approval
to the City Commission; and
WHEREAS. on October 1. 2024, the City Commission considered the waiver request as well awS the;
respective findings as set forth in the Land Development Regulations.
NOW. THI RE"FORE, 131_-� IT RE'SOLVE'D BY _THIS CITY COMMISSION OF THE' CITY OF*
DELRAY BLACH, FLORIDA, AS FOI_LOWS;
Section 1. J.-he loregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission makes positive findings that the requested waiver ( I ) does not
adverselyaffect the neighboring area, (2) does tint signilicantly diminish the provision nl public facilities,
(3) does not create ail 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 can other property for another applicant or owner.
Section 3. The City Commission makes 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 lark
expanses ofblank walls, ("') does not allow the creation ot'significant incompatibilities with nearby buildings
or uses of land, (3) does not erode the conncctivity, of the street and sidewalk network or negatively impact
any adopted bicycle pedestrian master plan, and (4) does tint reduce the duality of civic open space's provided
under this code.
Section 4, The City Commission approves the; waiver request to I -DR Section 4,4,13(6)( l)(b).
to reduce the civic open space requirement from 841 square feet to 778 square feet.
Section 5. The. City Clerk, or designee, is directed to scud a certified copy of this Resolution to
Rt_5. NO. 179-24
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Jon, Kinsman, 265 NE 5th Avenue, Delray Beach, Florida, 33483.
Section 6. All resolutions or parts of resolutions In conflict herewith shall be and hereby are
repealed.
Section 7. This Resolution shall be eftective immediately upon adoption.
PASSED AND ADOPTED in regular session on the �- day of 2024.
ATTEST:
Alexis Givings, ItUinl City CIC'I&
AI)p;-ovcd as t arm A legal sufficiency:
Lym ..ity
ZV' UorneY
Thomas F. Carncv7Jr., M,1y0�
RES. W. 179-24
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Exhibit "A"
A PARALLELOGRAM SHAPED PARCEL OF LAND MEASURING APPROXIMATELY 501 X 480'
WHICH LIES ADJACENT TO A PORTION OF LOT 3 AND LOTS 4TO 12 IN BLOCK 90 OF L-R,
BENJAMIN'S SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
'THE EASTERLY 50 FEi--_"r OF THE FLORIDA EAST COAST RAILWAY COMPANY'S 150 FOOT
RIGHT OF WAY IN BLOCK 90 OF THE TOWN OF DELRAY. FLORIDA. ACCORDING TO MODEL
LAND COMPANY'S SUBDIVISION AND PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 33,
THAT LIES ADJACENT TO THE SOLJTII ONE-IIALF OF 1-01' 3 AND LOTS 4 TiIROUGH 12,
INCLUSIVE, IN BLOCK 90 OF L.R. BENJANIiN'S S1,11BDIV(S(ON ACCORDING TO THE PLAT
THEREOF RFCORDED IN PLAT ROOK 12. PAGE 18, OF TI IE PUBLIC RECORDS OF PALM REACII
COUNTY, FLORIDA.
TOGETHER WITII:
THE NORTH 100 FFFT OF BLOCK 91, LYING EAST OF FLORIDA EAST COASl- RAILWAY
(70MPANY RI(;HT OF WAY IN THE CITY OF DELRAY BEACH tFORMERLY LINTON), FLORIDA.
AC( , CTHE CT 'ORDINGTo THE PLAT THEREOF, RECORDED IN 'THE OFFIE OF OF
CIRCUIT COURTIN AND FOR PALM BEACH COUNTY, FLORIDA. IN PLAT BOOK L AT PA(JE
WHICH IS THE SAME PROPERTY AS SHOWN ON THE PLAT OF 'THE RESUBDIVISION OF
BLOCKS 91 AND 92, AND THE WEST HALF OF BLOCK. 99. TOWN OF LINTON, DADE'COUNTY,
FLORIDA, FILED MAY 9, 1912, AND RECORDED IN PLAT BOOK 2. PAGE 21, PALM BEACH
COUNTY, 1-10RIDA. RLCORDS. SHOWN AS BEING SITUATE ON TI.-IL NORTHERLY SIDI: OF
Ti-tERESUBDIVISION 01: BLOCK 91, BEING AN AREA 1.00 FEET FROM THE NORTH TO SOUTH
ON THE FAST, RUNNING WEST OF THE FLORIDA EAST COAST RAILWAY COMPANY RIGHT
OF WAY., AND DESIGNATED "NOT INCLUDED" AND BEING 'THE PROPERTY IN PART
CONVEYED TO CALVIN W, GARNER AND EULAIAL M. GARNER, HIS WI.I`E,T0 L.C. VAUGIJN,
13Y DEED DATIAD APRIL 26, 1954, RECORDED IN THE PUBLIC RECORDS 01: PALM BEACH
COUNTY,, FLORIDA. IN DE-'ED BOOK 1052.1 AT PAGE 45-1
RES. NO179-24
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Florida
CITY OF DELRAY BEACH WAMM C14
OFFICE OF THE CITY CLERK
100 N,W JIT AVENUE * DELRAY 13EACH I FLORIDA 33444 1 (561) 243-7050
1993 2001- 2017
CERTIFICATION
1, 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. 179-24, as the
same was passed and adopted 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 2.,d day of October 2024.
7
Alexis Givings
Deputy City Clerk
City of Delray Beach, Florida
SLI-ACAL - PL!`4-0PoJ?\'NC'L - INIM'-�miv - RE.SF0i'�j'S1(--`,LL - INNOVA1111- - TE�,'-A"i r f-�K