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 open mic nights, community workshops, concerts, and ticketed events that draw crowds exceeding the maximum occupancy of the approved restaurant use and negatively impact the surrounding community. See Composite Exhibit B, attached hereto and incorporated herein.
On February 24, 2026, the City Commission approved Resolution No. 53-26 for the reconsideration of the parking requirement for the property located at 302 NE 6th Avenue, Delray Beach (the “Property”) commonly known as Subculture Coffee Delray (“Subculture”). This quasi-judicial hearing was to allow the property owner and the City an opportunity to review and assess the use of the Property since 2023 and determine if additional parking spaces should be required. After this meeting, the Commission scheduled a hearing for March 9, 2026 to consider Resolution No.64-26 requiring additional off-street parking spaces to be provided for this property. At this meeting, Subculture's attorney requested and was granted a continuance of the item as he had only recently been retained. The meeting was then rescheduled and held during a special meeting on March 31, 2026.
At the March 31, 2026 meeting, the City Commission choose to give the property owner 90 days to address the outstanding issues towards their proposed solution which included: 1) Striping the on-site parking lot to standards (with the proper permit); 2) hiring a design professional for a level one site plan; 3) enforcing employee off-site parking; and 4) seeking an off-site parking agreement. In addition, it was noted at this hearing that the last payment due under the in lieu parking agreement had been due on April 18, 2026 and had not been received by the meeting date.
On July 21, 2026 an update was given to the City Commission regarding progress by the property towards meeting the solution outlined at the March 31, 2026 meeting. The update indicated that no substantial effort appeared to have been made towards the proposed solution. The only activity that was noted was that Subculture's attorney had contact with the City Attorney which included an email with some questions forwarded a potential agreement for their employees to sign that they will not park on-site during their individual working hours, though no signed agreements had been produced. Additionally, a copy of a letter that was forwarded to the attention of Albert Richwagen at Richwagen's Bike & Sport proposing an off-site parking arrangement was shared (attached) but again, no signed agreement nor indication of any response from, Mr. Richwagen nor any communication with any other nearby property owner had been shared with the City. Relating to the open permit application for the on-site parking lot, no additional movement has been made to address any of the outstanding review comments. The comments on this permit application have gone unanswered for over 200 days. Staff was at the time of this meeting, also unaware of any design professional that had been engaged to address the level 1 site plan or any related issue(s). Subculture's attorney enquired into what it would take to approve special events at the business and the parking requirements should the site be utilized for a different restaurant concept, but again, no formal submittals had been made to the City for any alterations to on-site activities.
An effort was made by Subculture to update their application for a Zoning Certificate of Use (ZCU) for the property (the original application was submitted on July 23, 2025). Unfortunately, this ZCU application expired due to inactivity on October 21, 2025, though within our online portal an expired application does not close or lock down and thus a new document was able to be uploaded to the file. Subculture was made aware that the application expired and informed they would need to create a new ZCU application (information related to ZCU amendment attempt attached). at which time the Commission requested an item to reconsider the parking situation once again be brought forth. This resolution is the response to the Commission's request.
On August 3, 2026, a check for the balance owed by the property owner for the in lieu of parking was delivered to the City. While submitted, the property remains in default of the in lieu of parking agreement as the payment was over three months overdue at the time of the check delivery to the City. No other activity was noted as it relates to the property since the July 21, 2026 meeting of the City Commission.
The City Commission is authorized to reconsider its approval. According to the Section 1.4.3 of the City of Delray Beach Land Development Regulations (the “LDR”), “nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation.” This quasi-judicial hearing will afford the property owner an opportunity to address the City Commission regarding his use of the property and, should he so choose, offer remedial action to correct same. It should be noted that the City is not precluded from taking corrective action, as the manner in which the use of the Property is conducted is not consistent with the City’s zoning approvals and the violations of the approved use continue to recur.
The LDR state that the purpose of off-street parking regulations is “to ensure that adequate off-street parking is provided and maintained to meet the needs of users of structures and usage of land. All parking areas shall be designed and situated to protect public safety and to mitigate potential adverse impacts on adjacent uses or properties. It is the responsibility of the developer of property to provide and maintain adequate off-street parking.” See Section 4.6.9(A) of the LDR (emphasis added). Further, “[o]ff-street parking facilities shall be provided…for any change in the occupancy of an existing building or the manner in which a use is conducted that would result in additional parking spaces required.” See Section 4.6.9(B)(1)(d) of the LDR (emphasis added). While the requirements for restaurants and stand-alone bars is 6 spaces per 1,000 square feet of gross floor area, the City Commission has the discretion to impose a higher requirement. The use of this Property, contrary to the representations made in 2023, is akin to a “meeting/assemble spaces” that would be required to provide “three-tenths of a parking space for each seat or one space for each 50 sq.ft. of gross floor area, whichever is greater.” See Section 4.6.9 (C)(6)(a). Thus, under this analysis, because the building consists of 2,205 square feet, 44 parking spaces (see footnote below) would be required.
The property owner should be given 30 days to comply.
FOOTNOTE: The actual number of spaces is 44.1. However, “[w]hen the determination of the number of required parking spaces results in a requirement of a fractional space, any fraction less than one-half space shall be rounded down to the nearest whole number and any fraction of one-half space or more shall be rounded up.” See Section 4.6.9(C)(1)(a) of the LDR..
City Attorney Review:
Approved as to form and legal sufficiency
Funding Source/Financial Impact:
N/A
Timing of Request:
This matter has been on-going for some time and the Commission has expressed a desire for it to be settled.