TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning and Zoning Department
THROUGH: Donald B. Cooper, City Manager
DATE: April 5, 2016
Title
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR ITEMS FEBRUARY 22, 2016 THROUGH MARCH 18, 2016
Body
Recommended Action:
Recommendation
Motion to Accept the actions and decisions made by the Land Development Boards for the period February 22, 2016 through March 18, 2016
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Background:
Section 2.4.7(E), Appeals, of the LDRs applies. This is the method of informing the City Commission of the land use actions which may be appealed to the City Commission. After this meeting, the Commission’s appeal opportunity shall expire. An appeal by an aggrieved party must be made within 10 working days of the action. To appeal:
• The item must be raised by a Commission member.
• By motion, an affirmative action must be taken to place the item on the next available meeting of the Commission as an appealed item.
During this period the Historic Preservation Board and Site Plan Review and Appearance Board considered the projects noted below. For each item, a project report including the Board Staff Report is attached. No other Boards took action on any appealable application during this period.
HISTORIC PRESERVATION BOARD AGENDA ITEMS
ITEM A. 799 NE 2nd Avenue
Request: Certificate of Appropriateness for elevation changes.
Board Action: Approved with condition (4 to 2, Andrea Sherman and Andrea Harden dissenting and Rhonda Sexton absent)
ITEM B. 226 Palm Court
Request: Certificate of Appropriateness (COA), Class V Site Plan, Architectural Elevations, Landscape Plan and Waiver for the construction of a three-story mixed-use building containing a medical office and residential unit
Board Action: Denied (5 to 1, Andrea Sherman dissenting, Rhonda Sexton absent).
An appeal of the HPB action was submitted by the property owner for consideration by the City Commission at an upcoming meeting.
SITE PLAN REVIEW AND APPEARANCE BOARD AGENDA ITEMS
ITEM C. One 10 Building (110 East Atlantic Avenue)
Request: Class III Site Plan Modification, Landscape Plan and Architectural Elevation
Plan for exterior and interior renovations and Waiver to the required porch dimensions.
Board Action: Approved the Class III Site Plan Modification and Landscape Plan with conditions (7 to 0). The Architectural Elevation Plan was approved as submitted on a 7 to 0 vote.
ITEM D. Purlife Fitness Center (45-55 NE 2nd Avenue)
Request: Class III Site Plan Modification and Architectural Elevation Plan (with mural) for the internal expansion of the fitness center to occupy the entire building and conversion of a portion of the gym to restaurant.
Board Action: Approved the Class III Site Plan Modification and Architectural Elevation Plan with conditions (5 to 0, Andrew Youngross and Jose Aguila stepped down). The proposed Mural was continued on a 3 to 2 vote (Jim Knight and Vlad Dumitrescu dissenting and Andrew Youngross and Jose Aguila stepped down).
ITEM E. Delray Beach Boxing (2455 Old Dixie Highway)
Request: Class III Site Plan Modification for a change of use from motorcycle repair/retail facility an exercise facility (boxing gym) with accessory café.
Board Action: Approved (7 to 0).
ITEM F: Bahia Delray (1001 Crystal Way)
Request: Architectural Elevation Plan associated with a Class IV Site Plan Modification Request.
Board Action: Approved (3 to 2, Andrew Youngross and James Chard dissenting and Roger Cope and Jose Aguila absent)
ITEM G: Lake Ida Plaza (600 North Congress Avenue)
Request: Class I Site Plan Modification for architectural elevation changes.
Board Action: Approved (5 to 0, Roger Cope and Jose Aguila absent).
ITEM H: Performance Juice Bar (403 SE 1st Street)
Request: Class I Site Plan Modification for architectural elevation changes.
Board Action: Approved with conditions (5 to 0, Roger Cope and Jose Aguila absent).
ITEM I: Palm Beach Auto Group (650 NE 5th Avenue)
Request: Class I Site Plan Modification for architectural elevation changes.
Board Action: Approved 5 to 0 with conditions (Roger Cope and Jose Aguila absent).
ITEM J: Downtown Delray Professional Center (555 SE 5th Avenue & 550 SE 6th Avenue)
Request: Class I Site Plan Modification for architectural elevation changes.
Board Action: Approved (5 to 0, Roger Cope and Jose Aguila absent).
ITEM K: Buddha Sky Bar (217 East Atlantic Avenue)
Request: Class II Site Plan Modification, Landscape Plan and Architectural Elevation Plan for exterior and interior renovations and Waiver Request for a terminal landscape island.
Board Action: Approved a terminal landscape island waiver request (4 to 1, James Chard dissenting, and Roger Cope and Jose Aguila absent); Approved with conditions (5 to 0, Roger Cope and Jose Aguila absent) the Class II Site Plan Modification, Landscape Plan and Architectural Elevation Plan.
ITEM L: Resource Point of Sale (1044 SW 10th Avenue)
Request: Class III Site Plan Modification to accommodate a new proposal to a previously approved site plan consisting of one two-story building containing 7,246 sq. ft. of office and warehouse uses.
Board Action: On a 5 to 0 vote (Roger Cope and Jose Aguila absent), the Board approved the following actions: a Special Action for a parking reduction; Special Action for Overhead doors facing the right-of-way; the Class II Site Plan Modification (with conditions), Landscape Plan and Architectural Elevation Plan. The Board recommended to the City Commission approval of a waiver to the sight visibility triangle.
ITEM M: Oceanview Townhomes (2521 Oceanview Avenue)
Request: Class V Site Plan, Landscape Plan and Architectural Elevation Plan for the construction of four, one-story townhome units with each containing three bedroom and two bathrooms.
Board Action: Approved with conditions 4 to 0 (Roger Cope, Jose Aguila and Andrew Youngross absent), the Class V Site Plan and the Landscape Plan. The Architectural Elevation Plan was approved on a 3 to 1 vote (Brett Porak dissenting and Roger Cope, Jose Aguila and Andrew Youngross absent).
ITEM N: The Flossy Building (124 NE 5th Avenue)
Request: Class V Site Plan, Landscape Plan and Architectural Elevation Plan and associated waiver requests to the terminal landscape island and perimeter landscape buffer to permit the demolition of an existing building and construction of a new 2-story mixed-use retail/residential building.
Board Action: Approved 4 to 0 (Roger Cope, Jose Aguila and Andrew Youngross absent), the Class V Site Plan (with conditions), the Landscape Plan, the Architectural Elevation Plan (with conditions) and the associated waiver requests.
Attachments:
• Location Map
• 799 NE 2nd Avenue, Item A
• 226 Palm Court, Item B
• One 10 Building, Item C
• Purlife Fitness Center, Item D
• Delray Beach Boxing, Item E
• Bahia Delray, Item F
• Lake Ida Plaza, Item G
• Performance Juice Bar, Item H
• Palm Beach Auto Group, Item I
• Downtown Delray Professional Center, Item J
• Buddha Sky Bar, Item K
• Resource Point of Sale, Item L
• Oceanview Townhomes, Item M
• The Flossy Building, Item N
City Attorney Review:
Approved as to form and legal sufficiency.
Timing of Request:
Action must be taken by the City Commission at the next available meeting following the Board’s actions.