Res. No. 188-24 (Recorded)CFN 20240362180
OR BK 35340 PG 1456
RECORDED 10/23/2024 2:26 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 1456 - 1460; (5pgs)
RESOLUTION NO, 188-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH. FLORIDA. APPROVING A LEVEL 4 SITE PLAN. ARC 111"I"ECTURAL
ELEVATIONS., AND LANDSCAPE PLAN WITH A WAIVER TO SECTION
4,6.16(I1)(3)(i) OF -1-11E LAND DEVELOPMEN-r UGULATIONS TO ALLOW A
LANDSCAPE, ISLAND WITHOUIT A SHADE TREF FOR THE PROJECT
KNOWN AS 1-11F FDGF AT PINEAPPLE GROVE LOCATED AT 605 NE 2ND
STRUT, AS MORE PARTI('ULARI_1'DFS(.'RII3FD I IFREIN: PROVIDING I -OR
AN FFF'FCTIVF DATE: AND FOR OTI IFR PURPOSES.
WHEREAS, Downtown Second Street, LLC, and 355-157 Cottage Place Associates, LLC
(collcctivcly "Owners"), are the owners of parcel of land measuring; approximately 0.336 acres located at
605 Nl--- 2nd Street (the "Property"), as more particularly described in Exhibit "A", arid.
WHE,REAS. Owners designated Misket & Backman. LLP ("Applicant"), to act as their agent
regarding the Property. and
WHEREAS, the Property is zoned Central BUSiness District ("CBD") x% ithin the Central Core Sub-
district.- and
WHE'RE'AS. the City of Delray Beach. Florida (..City") received a. Level 4 Site Plan, Architectural
Elevations, and Landscape Plan with a waiver (File No, 20212-008) from the Applicant to construct a Seven -
unit townhouse development known as the Edge at Pineapple Grove (`'Project"); and
WHEREAS, Section 4.6.16(' 1-1)(3)(i) of the Land Developrricitt Regulations of the City of Delrav
Reich ("LDR") rcqUil-CS one shade tree to be planted in every island with a minimum of 75 square feet of
shrubs and groundcovers; and
WHEREAS, the Projcct proposes a landscape island With a 111iniMUM of 75 square fee( ofshrubs and
groundcovers without a shade tree; and
WHEREAS, LDR Section 2.4.1 l(B)(5) requires the approving body to make a finding that the
granting ol"a waiver.
(a) Shall not adversely af*t'cct the neighboring, area;
(b) Shall not significantly diminish the provision Of public facilities.
(C) Shall not create an unsafe situation; and,
(d) Docs not result in the grant of a special privilcoc in that the same waiver would be granted
Under a similar circumstance on other property for another applicant or mvncr. and
WHERF-AS. LDR Section 2.4. t 1(I3)(5)(c), which governs kvai\ ers From &VC10I)MCM.standards in
the CBD, also requires the approving g body to make a finding that the granting of'LlIC waiver:
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(1) Shall not result in in inferior pedestrian experience alone a Primary Street. stick as exposing
parkiiig garages or large expanses of'blank walls:
(2) Shall not allow the creation of significant hiconlpatibilltics with Ticarby buildings or uses of
land;
(3) Shall not erode.' the connectivity Cif the street and sidewalk network or negatively impact any
adopted bicti{clelpcdestrian master plan; gild
(4) Shall not reduce the quality ofcivic open spaces provided under this code.: and
WHEREAS, LUR Section 21.1.5(E)(5)(j), requires the Planning and Zoning Board to make a
recomniendation to the City Commission prior to final action for Level 4 Site Ilan Applications; and
WHLRLAS, on September 17. 2024, (lie Planning and Zoning Board voted 5 to I to recommend
approval of the Level 4 Site Plan. Architectural Ller ations. Landscape Plan'A"itl1 a waiver regLlOt tea the City
Commission. with the conditirill that the. Knox Box for the ennergency access from. NL 2nd Street is regulated
within the Homeowners Association doCLI111'lltti; and
W1- E'REAS. art October 15, 20-14, t€le 0ty C"onninission considered the Level 4 Site Plain,
Architecture.€ Lle.ations, and Landscape Plan with a waiver request as well as the Comprehensive Plan and
respective criteria and findings as set forth in the Land Deve€opaient Regulations.
NOW, THEREFORE € E IT RESOLVED BY ]'HE C IJ'Y COMMISSION OF ]-HE CITY OF
DELRAY BEACH, III_ORIDA, AS FOLLOWS:
Section 1, That the foregoing recitals are hereby affirmed and ratified.
Section 2. 'The City Commission makes positive thidings (flint the requested waiver (1) does not
adversely affect the nei,ghboriilg area, (2) does not significantly di ninish the provision of public facilities,
(3) does not create an unsafe Situation, and (4) does not result in the grant ofa special privilege in that the
same waiver would be granted under a similar circurnstance on other property for another applicaiit or owner.
Section 3, The City Coliiill€s�itnl makes positive findings that the requested waiver (I ) does not
result in an inlcrior pedestrian experience along. a Primary Street, such as exposing parking gltrages. or large
expanses of blank walls, (2) does not allow the creation of significant incumpatibilities with nearby buildings
or uses of land, (3) does not crude the; connectivity of the street and sidewalk network or negatively iillpact
any adopted bicycle pedestrian inastcr plan, and (4) does not reduce the quality of civic open spaces provided
under this code.
Section 4. The City Commission approves the N aiver request to ],,DR Section 4.6.1601)(3)(i) to
allow a landscape island with a minimum of 75 square feet of shrubs and !,roundeavers without a shade tree.
Section 5. The City commission approves the Level. 4 Site Plan. Architectural Elevations, anti.
Rl S. NO. 188-24
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Landscape Plan with the waiver by finding that the. Project is consistent with the Comprehensive flan stud
rneets the respective criteria and findings as set forth iu the: Land Developamctit Regulations.
Section 6. The City Clerk, or designed, is directed to send certified copies of this Resolution to
Miskel & Backman, LLP. 14 SF 4"' Street, Suite 36, Boca Ratan. Florida. 33432.
Section 7. All resolutions or Darts Of resalutions in conflict herewith shell be and hereby are
repealed.
Section S. This Resolution shall lac; el'tcctive immediately upon adoption,
PASSED AND ADOPTED in regular session on the clay Or C 2024
Alexis (livings. Interim, City c Thomas F, Carney, Jr,. Mayor
1lpprnved ca form ind legal sul'liciency:
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Exhibit "A"
Lots 9 and 10, Black 114, Mali of tlic Town of Linton (,now Delray Beach), according to the map
or plat thereof, as recorded in Plat Book 1, Page 3. Public Records of Pale Beach County, Florida.
L1 SS the following described property conveyed to the State of Florida in Official Records Book
624, Page 160. as Hollows: The West 5 f'cct of Lots 9 and 10, Block 114, Delray Bench, formerly
Linton, Florida, according to the Plat thereof as recorded in Plat Hook 1, Page 3, Palm Beach
County Public Records,
ALSO LESS. a Marcel of land in Lot 10. Bock 1 1.4, Delray Bcach. as recorded in Plat Book I, Page
3, Palm Beach County Public Records. More particularly described as follows: From a point can
the South line of Lot 10, located 5 feet Easterly from the S.W. earner of said Lot 10, run Easterly
aianggsaid South line for 14.84 feet; thence I'Lil7 NC7I't111b'etileCly along curve concave to the Northeast
and having a radius of 15 feet for 23.40 feet through a central angel of` 99''23'00- to a point on a
line parallel to and 5 feet E4sterly born the West line ofsaid Lot 10: thence run South 01''08 5"
East aloe ,, said parallel line for 14.i'4 feet to the Point of Beginning.
RES. NO. 188-24
CFN 20240362180
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Pg: 5 J?glray Beach
Florida
CITY OF DELRAY BEACH .I
ninca City
OFFICE OF TIME CITY CLERK
100 N.W. 15T AVENUE 4 DELRAY BEACH • FLORIDA 33444 * (561) 243-7050
1 M - 2(1411 •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. 188-24, as the
same was passed and adopted by the Delray Beach City Commission in regular session
on the 15th 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 16th day of October 2024.
Alexis Givings
Interim City Clerk
City of Delray Beach, Florida
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