TO: Mayor and Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: April 5, 2016
Title
DEVELOPER'S AGREEMENT FOR UPTOWN ATLANTIC (FIRST PUBLIC HEARING)
Body
Recommended Action:
Recommendation
Motion to Approve a Developer's Agreement for Uptown Atlantic
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Background:
Equity Delray, LLC (“Developer”) has received City approval to build a project known as Uptown Atlantic, a mixed-use development consisting of 112 dwelling units, 17,267.3 square feet of office, 6,040 square feet of restaurant, and 43,162 square feet of commercial/retail space on West Atlantic Avenue between SW 6th Avenue and SW 9th Avenue (“Project”). As a condition of site plan approval, the Developer must enter into a Developer’s Agreement with the City which describes the Developer’s obligations with respect to the Project in accordance with Sections 163.3220 - 3243, Florida Statutes.
This is the first of two public hearings for the Developer’s Agreement, as required by statute. The second hearing is scheduled for April 19th, 2016. At that time, the City will also consider all related applications for the Project, including two waivers, an alley abandonment, the final plat, and three agreements that are referred to in the Developer’s Agreement, as described below.
The Developer’s Agreement provides that the Project shall be governed under the former LDRs for the Central Business District, which were the LDRs in existence at time the Developer submitted its application for Conditional Use to increase the density for the Project. The former LDRs will apply to the Project for the term of the Agreement so long as the Project is constructed in substantial conformity with the Site Plan that is attached to the Developer’s Agreement.
The Developer’s Agreement describes the Developer’s obligations to make a payment to the City in lieu of constructing parking in accordance with the City’s LDRs, to perform certain maintenance obligations with respect to sidewalks and landscaping in the public right-of-way, to construct or contribute to the funding of a bus shelter, to temporarily relocate the barber shop that is currently located on the site, to install signage notifying the public of the relocation of certain businesses as a result of the construction, and to provide workforce housing.
The Agreement acknowledges that in furtherance these obligations, the Developer has entered into the following agreements with the City:
• Landscape Maintenance Agreement
• Workforce Housing Covenant
• Tri-Party Agreement for In-Lieu of Parking Fee
These agreements are attached in the backup materials and will executed contemporaneously with the Developer’s Agreement on April 19.
This Agreement further acknowledges that the Developer has entered into a Community Benefits Agreement (CBA) with the Community Coalition, which defines the obligations, the relationship, and the understanding between the Developer and the community through the Community Coalition. Although the City is not a party to the CBA, the Agreement requires that the Developer represent to the City that it is in substantial compliance with the CBA as of the execution date of this Agreement. The CBA is attached in the backup materials.
City Attorney Review:
The Developer’s Agreement for Uptown Atlantic has been reviewed for legal sufficiency and form. Pursuant to Section 163.3255, Fla. Stat., this item has been advertised and two (2) public hearings have been scheduled for this item.