Res. No. 216-24RESOLUTION NO.216-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH,FLORIDA,APPROVING A LEVEL 4 SITE PLAN,ARCHITECTURAL
ELEVATIONS,AND LANDSCAPE PLAN AND APPROVING A WAIVER TO
SECTION 4.6.16(H)(3)(d)OF THE LAND DEVELOPMENT REGULATIONS TO
REDUCE THE LANDSCAPE BARRIER WIDTH FROM THE REQUIRED 5 FEET
TO 2 FEET AND 4 INCHES FOR THE PROJECT LOCATED AT 314 NE 3RD
A VENUE,AS MORE PARTICULARLY DESCRIBED HEREIN;PROVIDING FOR
AN EFFECTIVE DATE;AND FOR OTHER PURPOSES
WHEREAS,Ocean Parker Delray,LLC ("Owner").is the owner of a parcel of land measuring
approximately 0.147 acres located at 314 NE 3rd Avenue ("Property"),as more particularly described in
Exhibit "A";and
WHEREAS.Owner designated Jeffrey A.Costello to act as its 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,Landscape Plan,and waiver request (File No.2024-081)from the Applicant to construct a
mixed-use office and residential development ("Project");and
WHEREAS,Section 4.6.l 6(H)(3)(d)of the Land Development Regulations of the City of Delray
Beach ("LDR ")requires five-foot-wide landscape barriers between a common lot line and a vehicular use
area;and
WHEREAS,the Project proposes two-foot,four-inch-wide landscape barriers between both the north
and south common lot lines and the adjoining vehicular use areas;and
WHEREAS,LDR Section 2.4.1 I(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 a similar circumstance on other property for another applicant or owner;and
WHEREAS,LDR Section 2.4.11 (B)(5)(e),which governs waivers from development standards in
the CBD,also requires the approving body to make a finding that the granting of the waiver:
(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 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,LOR Section 2.l .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 October 21,2024,the Planning and Zoning Board voted 5 to O to recommend
approval of the Level 4 Site Plan,Architectural Elevations,Landscape Plan,and waiver request to the City
Commission;and
WHEREAS,on November 19,2024,the City Commission considered the Level 4 Site Plan,
Architectural Elevations,Landscape Plan,and 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 I.That the foregoing recitals are hereby affirmed and ratified.
Section 2.The City Commission makes 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 a similar circumstance on other property for another applicant or owner.
Section 3.The City Commission makes positive findings that the requested waiver (I)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 approves the waiver request to LOR Section 4.6.I 6(H)(3)(d)to
allow two-foot,four-inch landscape barriers between both the north and south common lot lines and
adjoining the vehicular use areas.
Section 5.The City Commission approves the Level 4 Site Plan,Architectural Elevations,and
Landscape Plan by finding that the Project,with the approved waiver,is consistent with the Comprehensive
2
RES.NO.216-24
Plan and meets the respective criteria and findings as set forth in the Land Development Regulations.
Section 6.The City Clerk,or designee,is directed to send a certified copy of this Resolution to
Jeffrey A.Costello,AICP,FRA-RA,981 Delray Lakes Drive,Delray Beach,Florida,33444.
Section 7.
repealed.
All resolutions or parts of resolutions in conflict herewith shall be and hereby are
Section 8.This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the_/36-day of(/e«b .2024.
ATTEST:
d legal sufficiency:r
3
)
Thomas F.Carney,Jr..Mayor
RES.NO.216-24
Exhibit "A"
LOT 17,BLOCK 81,LESS THE EAST 5 FEET AND THE WEST 2 FEET FOR ADDITIONAL
RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 33900 PAGE 1476 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,AS SHOWN ON THE
PLAT OF THE SUBDIVISION OF BLOCK 81,DELRAY BEACH,FLORIDA,AS
RECORDED IN PLAT BOOK 11,PAGE 32 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY,FLORIDA.
4
RES.NO.216-24
CITY OF DELRAY BEACH
OFFICE OF THE CITY CLERK
100 N.W.1 AVENUE •DELRAY BEACH •FLORIDA 33444 •(561)243-7050
CERTIFICATION
Delray Beach
Floridabrrr1AIEAmericaCity
'II'
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.216-24,as the
same was passed and adopted by the Delray Beach City Commission in regular session
on the 19 day of November 2024.
IN WITNESS WHEREOF,I have hereunto set my hand and the official seal of
the City of Delray Beach.Florida,on this the _/%/day of November 2024.
4.lfoii.son«
Interim City Clerk
City of Delray Beach,Florida
Src .PrroRMANct •lrGRt.RsroNSIBt •hNOVA.TM»wORK
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1 ST A venue,Delray Beach,FL 33444
561-243-7090
L EG AL RE V IE W FOR M
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 City Attorney's Office.
Date of Review:10/22/2024
Document Name:Resolution 216-24
Document Type:Resolution to be utilized if City Commission approves the Level 4 Site Plan,Architectural
Elevations,Landscape Plan,and waiver for the project located at 314 NE 3rd A venue.
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):
D 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