TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: September 22, 2020
Title
RESOLUTION NO. 161-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 4.4.13(D)(2)(a) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A FOUR-FEET EIGHT-INCH FRONT SETBACK ON THE EAST SIDE, A ONE-FOOT SIX-INCH FRONT SETBACK ON THE NORTH SIDE, AND A ONE-FOOT EIGHT-INCH REAR SETBACK ON THE WEST SIDE FOR THE EXISTING BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
RESOLUTION NO. 162-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(E)(4)(e)(1)(d) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE STOREFRONT TRANSPARENT GLAZED WINDOWS OF THE EXISTING BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO EXTEND FROM THE BASE TO SEVEN FEET TWO INCHES ON THE EAST AND NORTH SIDES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL).
RESOLUTION NO. 163-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING WAIVER REQUESTS TO SECTION 4.4.13(E)(4)(e)(1)(b) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING STOREFRONT OPENINGS OF SEVENTY-FIVE PERCENT OF THE WIDTH OF THE FAÇADE ON THE EAST SIDE AND SIXTY-TWO PERCENT OF THE WIDTH OF THE FAÇADE ON THE NORTH SIDE OF THE BUILDING LOCATED AT 98 NORTHWEST FIFTH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL).
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Recommended Action:
Recommendation
Review and consider Resolution Nos. 161-20, 162-20, and 163-20, granting waivers related to setbacks and storefront requirements in LDR Section 4.4.13 for an existing building located at 98 NW 5th Avenue.
Setback Waiver Requests:
The setback waiver requests are from City of Delray Beach Land Development Regulations (LDR) Section 4.4.13(D)(2)(a) and Table 4.4.13(C), for properties zoned Central Business District within the West Atlantic Neighborhood Sub-district, which requires front and side street setbacks of a minimum of 10 feet and maximum of 15 feet, and a setback of 10 feet in the rear. The request are:
1. Reduce the front setback to a range of 4 feet 2 inches to 4 feet 8 inches on the east side of the property;
2. Reduce the side street setback to a range of 1 foot 6 inches to 9 feet on the north side of the property; and,
3. Reduce the rear setback to a range of 1 foot 8 inches to 3 feet 8 inches, on the west side of the property.
Storefront Glazing Heights Requirement Waiver:
The storefront glazing setback waiver requests are from LDR Section 4.4.13(E)(4)(e)1.d., which requires a minimum storefront glazing height of 8 feet for properties zoned CBD. The request is:
1. Reduce the required storefront glazing height to 7 feet 2 inches on the front (east) and side street (north) sides of the existing building.
Storefront Opening Percentage:
The storefront opening waiver requests are from LDR Section 4.4.13(E)(4)(e)1.b., which sets forth requirements for the minimum percentage of required façade storefront openings for properties zoned CBD. Storefront openings shall extend along at least 80 percent of the width of the façade of the commercial space. The request is :
1. Reduce the required storefront opening percentage to 75 percent on the east side of the existing building and 62 percent on the north side of the existing building.
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Background:
The subject property consists of the north 50 feet of the east 135 feet of Block 20, Town of Delray, contains 0.16 acres, and is located on the southwest corner of NW 5th Avenue and NW 1st Street. A two-story mixed-use building exists on the site, which was built in 1972 in a Modern style and is of CBS construction with a flat cement tile roof. The 7,076 square foot structure contains garages and commercial use on the first floor, apartments on the second floor and is a non-contributing structure within the West Settlers Historic District. The property is zoned Central Business District (CBD).
The Community Redevelopment Agency submitted a Certificate of Appropriateness (COA) and Class III Site Plan Modification request involving the renovation and adaptive reuse of the existing 2-story mixed-use non-contributing building for use as retail and office space. The COA and Site Plan request is summarized as follows:
• Enclosure of the ground floor parking garage for use as retail space;
• Conversion of the 2nd floor residential use to office space;
• Construction of an elevator shaft on the north side of the building;
• Interior and exterior architectural improvements; and,
• Landscaping, hardscaping, and site lighting improvements.
Also associated with the COA and Site Plan request are waiver requests, which are required to be reviewed and acted upon by the City Commission with a recommendation from the Historic Preservation Board (HPB). Following the City Commissions’ action on the waivers, the HPB will review and act upon the COA and Class III Site Plan application.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings 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 similar circumstances on other property for another applicant or owner.
Modification of the existing structure requires a 5-foot right-of-way dedication for NW 5th Avenue on the east side of the property as well as a 1'-6" dedication for the north/south alley on the west side of the property, which results in reduced front and rear building setbacks. Further, new support columns associated with the existing staircases on the north side of the building and a new elevator structure will reduce the front and side street setbacks. The improvements are necessary to allow for the adaptive reuse of the existing structure, to ensure structural stability of the existing staircase. As the building is existing, modification of the exterior elevations is difficult given structural components of the building such as low story heights. The waiver requests are not anticipated to create incompatibilities with the surrounding area, they anticipated to create an unsafe situation nor affect the provision of public facilities
In addition, pursuant to LDR Section 4.4.13(K)(5)(b)2., which governs waivers from development regulations within the CBD, the approving body must make a finding that the granting of the waiver:
(a) Shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls;
(b) Shall not allow the creation of significant incompatibilities with nearby buildings or uses of land;
(c) Shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan; and,
(d) Shall not reduce the quality of civic open spaces provided under this code.
The subject waiver request involves proposed improvements to the structure and site. The proposed project will include improvements to the current sidewalk and streetscape along NW 5th Avenue and NW 1st Street. The improvement is anticipated to have a positive impact on pedestrian connectivity and is not anticipated to have a negative impact any adopted bicycle/pedestrian master plan. The waiver request is part of a proposed adaptive reuse improvement to the structure and site, which are anticipated to have a positive impact on the surrounding area. The size of this site is under the threshold for providing a Civic Open Space.
On September 2, 2020, the Historic Preservation Board voted 6 to 0 (Smith absent) to recommend approval to the City Commission of the requested waivers.
City Attorney Review:
Approve as to form and legal Sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
The Historic Preservation Board will review the Certificate of Appropriateness and Class III Site Plan Modification following action by the City Commission on the Waiver requests.