TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 5, 2024
Title
ACCEPTANCE OF A PEDESTRIAN CLEAR ZONE EASEMENT FOR THE PROPERTY LOCATED AT 235 SE 5TH AVENUE.
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Recommended Action:
Recommendation
Review and consider acceptance of a pedestrian clear zone easement for the property located at 235 SE 5th Avenue.
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Background:
The subject property is a 0.32 acre lot on the east side of SE 5th Avenue between SE 2nd Street and SE 3rd Street, and currently contains a 2,309 square foot office with associated parking. The property is zoned Central Business District, Central Core Sub-district, and is located within Sub Area 2 of the City's Community Redevelopment Area (CRA) and is within the Downtown Development Agency (DDA) district boundaries.
At its meeting of August 23, 2023, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan, and Architectural Elevations for the construction of a four-story, mixed-use development, including ground floor non-restaurant commercial space and seven residential units. A two-foot wide portion of the pedestrian clear zone encroaches into the subject property. Therefore, the property owner is required to grant the City of Delray Beach a perpetual easement for said portion of land to be used for a pedestrian clear zone for the purpose of public pedestrian access with full and free right, liberty, and authority to enter upon and to maintain such pedestrian clear zone.
The agreement is required to be executed and recorded in the Palm Beach County Clerk of Court for the project prior to the issuance of a building permit.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Agreements must be recorded in the Palm Beach County Clerk of Court prior to building permit issuance.