Legislation Details

File #: 26-0968    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 8/4/2026 In control: City Commission
On agenda: 8/18/2026 Final action:
Title: RESOLUTION NO. 130-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 62-23 IN ITS ENTIRETY FOR THE PROPERTY LOCATED AT 302 NE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO SECTION 4.4.13(I)(3)(A)(6) OF THE LAND DEVELOPMENT REGULATIONS FOR OWNER’S FAILURE TO COMPLY WITH THE CITY’S PARKING APPROVALS; REQUIRING OWNER TO ACQUIRE FIVE OFF SITE PARKING SPACES FOR THE PROPERTY WITHIN 30 DAYS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
Sponsors: City Manager Department
Attachments: 1. Agenda Cover Report, 2. Resolution 130-26 subculture, 3. Simple Legal Review Reso 130-26 Subculture, 4. Exhibit A 302 NE 6TH AVENUE SUBCULTURE IN-LIEU PARKING AGREEMENT, 5. Composite Ex B 302 NE 6TH AVENUE LLC 4-21-26 SIGNED HD, 6. Composite Ex B Email to Atty Pipes re In Lieu, 7. Composite Ex B 302 NE 6TH AVE LLC RECEIPT OF MAIL, 8. Res. No. 62-23 executed, 9. Notice of Hearing - Subculture - 8.18.2026 - UD
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TO: Mayor and Commissioners
FROM: Jeffrey L. Oris, CEcD, Assistant City Manager
THROUGH: Terrence R. Moore, ICMA-CM
DATE: August 18, 2026

Title
RESOLUTION NO. 130-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 62-23 IN ITS ENTIRETY FOR THE PROPERTY LOCATED AT 302 NE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO SECTION 4.4.13(I)(3)(A)(6) OF THE LAND DEVELOPMENT REGULATIONS FOR OWNER’S FAILURE TO COMPLY WITH THE CITY’S PARKING APPROVALS; REQUIRING OWNER TO ACQUIRE FIVE OFF SITE PARKING SPACES FOR THE PROPERTY WITHIN 30 DAYS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL).

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Recommended Action:
Recommendation
Review and consider a resolution assessing additional off-street parking spaces for 302 NE 6th Avenue.

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Background:
On April 18, 2023, based on representations from the property owner that Subculture would operate as a “grab and go” coffee restaurant, the City Commission approved Resolution No. 62-23 granting an in lieu of parking request. The property had eight existing on-site spaces, and the City Commission approved an in lieu of payment from the property owner for the remaining five spaces (See Exhibit A).
To date, the manner in which the Property is used requires City Commission reconsideration of the previously assessed parking requirement. Despite the property owner’s representations to the City Commission, patrons are encouraged to stay longer than 15 minutes (the average stay according to the property owner) by hosting on-site events suggesting that Subculture is a meeting hall and not a grab-and-go restaurant. While the property owner did request a change in use to operate as a “community cultural gathering place,” that request was denied by the City. Nevertheless, the property owner continues to host such events despite the City’s objections and subsequent enforcement actions. The unapproved, unauthorized use of the Property includes...

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