TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 1, 2024
Title
RESOLUTION NO. 177-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(E)(2)(a) OF THE LAND DEVELOPMENT REGULATIONS ALLOWING A STREETSCAPE WIDTH OF 11 FEET 2 INCHES FOR THE PROJECT LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
RESOLUTION NO. 178-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(D)(2)(a)1. OF THE LAND DEVELOPMENT REGULATIONS ALLOWING NO FRONT SETBACK FOR A PORTION OF THE PROJECT LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
RESOLUTION NO. 179-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(G)(1)(b) OF THE LAND DEVELOPMENT REGULATIONS REDUCING THE REQUIRED CIVIC OPEN SPACE FROM 841 SQUARE FEET TO 778 SQUARE FEET FOR THE PROJECT LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
Body
Recommended Action:
Recommendation
Review and consider three separate requests for project located at 306 NE 2nd Street, known as The Maxwell: Resolution No. 177-24, a request to allow a streetscape width of 11 feet and 2 inches whereas 15 feet is the required; Resolution No. 178-24, a request to allow a front setback of zero feet whereas 10 feet is the required; and Resolution No. 179-24, a request to reduce the civic open space requirement from 841 sq. ft. to 778 sq. ft.
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Background:
The subject property, 306 NE 2nd Street, consists of two lots separated by NE 2nd Street located within the Central Business District (CBD) zoning district. The north lot is in the Railroad Corridor Sub-district and the south lot is in the Central Core Sub-district. The lot south of NE 2nd Street has a two-story 6,011 sq. ft. commercial building and the lot north of NE 2nd Street consists of a surface parking lot. A Level 4 Site Plan Application has been submitted to demolish the existing structure and construct a four-story mixed-use development on the south lot, with the required parking accommodated on the north lot, across NE 2nd Street.
The proposed development, known as the Maxwell, includes 2,596 square feet of commercial use and 23 residential units. The proposed commercial use is on the ground story facing NE 2nd Street. The residential units have lobby access from NE 2nd Street and stoop access to the ground-story units from Railroad Street. The site plan has five waiver requests, three pertaining to the CBD regulations, one related to stacking (which was approved administratively) and one related to landscaping (which will be acted upon concurrent with the site plan). The applicant is also seeking approval to utilize the Art Deco architectural style within the CBD, which requires City Commission approval prior to site plan consideration by the approving board.
The subject requests in this item are three independent waivers from CBD zoning district standards, which require City Commission action prior to site plan consideration. The City Commission will take separate action on each request:
Waiver 1. Minimum Streetscape Width: LDR Section 4.4.13(E)(2)(a), for properties zoned CBD, the minimum streetscape width is 15 feet. The request is to provide a streetscape width of 11 feet and 2 inches adjacent to Railroad Street.
Waiver 2. Front Setback: LDR Section 4.4.13(D)(2)(a)1., for properties zoned CBD, the minimum front setback is 10 feet. The request is to provide a front setback of zero feet on the corner of Railroad Street and NE 4th Avenue.
Waiver 3. Civic Open Space: LDR Section 4.4.13(G)(1)(b), for properties zoned CBD and require a civic open space, the total civic open space square footage does not include dedicated rights-of-way and the area utilized to meet minimum streetscape and setback. The request is to reduce the required amount of civic open space from 841 sq. ft. to 778 sq. ft.
LDR Section 2.1.5(E)(5)(k), The Planning and Zoning Board shall review and make recommendations to the City Commission with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations (LDR): Relief to the requirements of the Central Business District prior to the consideration of an associated site plan application.
Waiver 1: Minimum Streetscape Width (Resolution No. 177-24)
LDR Section 4.4.13(E)(2)(a), the combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a minimum streetscape area no less than 15 feet in width, measured from the back of curb.
Pursuant to LDR Section 4.4.13(C)(2), development located on Primary Streets within the CBD are held to a higher design standard to support a lively, highly active pedestrian environment that supports business and the historic character of the downtown. The development site abuts a ROW on the north, east and south; therefore, streetscape design that provides a superior pedestrian experience and incorporates the elements detailed in LDR Section 4.4.13(E)(2) is required for each side abutting a ROW. The required streetscape width includes a curb zone (minimum 4 feet), a pedestrian clear zone (minimum 6 feet) and the remaining front setback area, equating to a total 15-foot streetscape design. The proposed curb zone (4 feet) and pedestrian clear zone (6 feet) meet the minimum dimensional requirements, providing continuous sidewalk, street trees and lighting. However, the applicant is requesting to reduce the streetscape width from the remaining 5 feet to 1 foot and 2 inches, resulting in a total streetscape reduction from 15 feet to 11 feet and 2 inches along Railroad Street.
Of the proposed 23 units, 5 units are proposed to have stoop type frontage along Railroad Street to comply with the CBD frontage standards. Pursuant to LDR Section 4.4.13(E)(4)(b), stoops may encroach into the remaining front setback area but shall not encroach into the curb zone or the pedestrian zone. The proposed development has a setback of 10 feet, with the first-floor setback further at 11 feet and 2 inches, and the stoop inset into the building. The stoop does not encroach into the required curb zone and pedestrian clear zone and is permitted to encroach into the remaining setback area; however, the overall structure may not encroach into the required streetscape. Additionally, it should be noted that as Railroad Street turns south, running parallel to the railway, the proposed sidewalk dead-ends at the southwest corner of the subject property and will solely function as the provided walkway for the entrances to the stoop adjacent to Railroad Street.
During site plan review, it was determined that right-of-way (ROW) dedications are required at the following locations: the intersection of NE 4th Avenue and Railroad Street, the intersection of NE 2nd Street and NE 4th Avenue, and a 12.5-foot dedication along Railroad Street. The corner clips are proposed to be dedicated; however, the applicant requested that due to the previously granted reduction for the neighboring property, Ocean City Lofts, situated to the south, and the functionality of the road operating more like an alley than a typical street, the ROW be reduced from the required 50 feet and remain as the platted 25 feet. Although the road functions as an alley in terms of parking access for the abutting properties, it is still considered a street and is required to meet the minimum setback and streetscape requirements. On August 17, 2023, Development Services Management Group (DSMG) approved the request based on the site-specific conditions and determined that the street is unique in terms of its functionality and location in relationship to the surrounding properties. Thus, no additional right-of-way is required along Railroad Street. However, note that during the DSMG review, the applicant intended to treat Railroad Streat as a road in terms of setbacks and streetscape requirements.
The streetscape is measured from the back of curb and typically includes both the public sidewalk and private area to meet the 15-foot minimum. In this case, the site’s property line sits directly on the ROW of Railroad Street, resulting in no public sidewalk or other hardscape feature typically existing between the road and private property. Consequently, the streetscape must be provided entirely within private property. While a minimum setback of 10 feet would typically suffice to meet the minimum streetscape width due to the inclusion of the public sidewalk area, the applicant would need to provide a maximum setback of 15 feet to meet the required streetscape width. Therefore, the request to reduce the streetscape is not anticipated to negatively affect the pedestrian experience in terms of the required pedestrian sidewalk width and would still meet the minimum setback requirement of 10 feet for Railroad Street. It should be noted that the maximum allowed setback in the CBD Central Core Sub-district is 15 feet.
In consideration of the criteria findings, the request is not anticipated to adversely affect the neighboring area; diminish the provision of public facilities; or create an unsafe situation. Given the findings by DSMG relative to the requested ROW reduction, the City Commission should consider whether these unique conditions may also apply to the requested streetscape reduction and whether the request would not constitute a special privilege under similar circumstances for other properties.
Waiver 2: Front Setback (Resolution No. 178-24)
LDR Section 4.4.13(D)(2)(a)1., the front setback or side setback facing a street or park is a minimum of 10 feet and a maximum of 15 feet.
The applicant is requesting to reduce the required minimum front setback on the corner of Railroad Street and NE 4th Avenue from required minimum of 10 feet to 9 inches on the ground floor and zero feet on the second and third floors due to the required 20’ by 20’ corner clip dedication at the intersection. The required front setback is measured from the post-dedication property line.
The proposed streetscape on NE 4th Avenue complies with the required streetscape standards, featuring a curb zone of 4 feet and 2 inches, a pedestrian clear zone of 6 feet, and the remaining streetscape width of 5 feet and 6 inches. However, the streetscape width adjacent to Railroad Street does not meet the required standards, as discussed in the waiver above. The request to reduce the front setback adversely impacts the minimum streetscape width on Railroad Street. Pursuant to LDR Section 2.4.11(B)(2)(d)2., Front Setback Waivers, waivers to decrease the minimum front setback depth are permitted if the reduction would not result in a streetscape that does not meet the minimum requirements of Section 4.4.13(E)(2). Therefore, approval of the reduced minimum streetscape is required prior to the review of the request front setback waiver request. If the Board determines that reduced streetscape is appropriate due to the site constraints and will not adversely affect the pedestrian experience, the reduced setback is deemed to reflect the same findings as concluded in the streetscape reduction. Conversely, if the reduced minimum streetscape is not approved and is deemed inadequate in terms of the pedestrian experience, the front setback waiver will not be reviewed for non-compliance with LDR Section 4.4.13(E)(2). The applicant may return for review when all streetscape standards are met.
In consideration of the waiver criteria findings, the request is not anticipated to adversely affect the neighboring area; diminish the provision of public facilities; or create an unsafe situation. It should be noted that similar requests have been reviewed and approved for similar corner clip dedications.
Waiver 3: Civic Open Space (Resolution No. 179-24)
Pursuant to LDR Section 4.4.13(G) Civic open spaces are privately maintained outdoor spaces which are accessible by the general public, improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for occupants of the building which the open space serves.
The amount of Civic Open Space required is based upon the size of the site: sites smaller than 20,000 sq. ft. do not require civic opens space, 5% is required for site area between 20,000 and 40,000 and 9% is required for the site area above 40,000 sq. ft. The total site area is 36,820 square feet (post-right-of-way dedication), therefore, pursuant to LDR Section 4.4.13(G)(1)(b), the total minimum required civic open space for the proposed development is 841 square feet.
LDR Section 4.4.13(G)(1)(b), sites between 20,000 and 40,000 square feet are required to provide five percent of the site's area that is above 20,000 square feet as civic open space.
LDR Section 4.4.13(G)(1)(d), dedicated rights-of-way and area used to meet the minimum setback or minimum streetscape standards in Section 4.4.13(E) do not count toward fulfilling the required amount.
The proposed civic open space type is a forecourt frontage located at the corner of NE 2nd Street and NE 4th Avenue. The proposed forecourt frontage type complies with the requirements in LDR Section 4.4.13(E)(4)(d) and the civic open space configuration and additional standards as set forth in LDR Section 4.4.13(G)(3) and (4). The building facades within the civic open space consist of a residential entrance facing NE 2nd Street and a retail entrance facing NE 4th Avenue. Landscaping is proposed throughout the civic open space, in addition to a fountain feature with seating along the edge cradling the civic open space at the farthest NE corner within the dedicated corner clip.
With the corner clip dedication, the new property line is chamfered, as well as the 10-foot setback. The applicant requests to reduce the required amount of Civic Open Space from 841 square feet to 778 sq. ft. While the applicant has requested a waiver (change) in how civic open space is calculated, the request is to provide 63 sq. ft. less Civic Open Space than the code requires. It is important to consider the request in a consistent manner with other developments subject to the same regulations.
Ultimately, the City Commission must consider the requests and determine if the waivers meet the standards and findings.
LDR Section 2.4.11(B)(5), Waiver: Findings
Prior to granting a waiver, the granting body shall make findings that 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.
e. Within the CBD, the following additional findings apply:
1. The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls.
2. The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land.
3. The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/ pedestrian master plan.
4. The waiver shall not reduce the quality of civic open spaces provided under this code.
In consideration of the waiver criteria findings, the proposal continues to define the corner while maintaining an accessible outdoor space for the general public, improving the pedestrian environment, and potentially serving as an amenity for the city as well as for building occupants. However, the City Commission should consider that many downtown projects have to provide similar corner clip dedications, and, to date, the City Commission has not waived the amount of Civic Open Space required. Another consideration is the unique configuration of the property, which is bisected by a street, with the proposed building on one side and the parking on another, rather one larger site. The City Commission must decide if approving the waiver would be a special privilege in this circumstance. The other criteria to weigh in this case is whether reducing the size of the civic open space would also reduce the quality of the civic open space.
The City Commission should consider the following Comprehensive Plan policy when evaluating the requested waivers:
Policy NDC 1.1.7: Establish the maximum density, measured in dwelling units per gross acre, for residential land use and mixed-use designations (See Table NDC-1). The Standard density is the range of density allowed in the land use designation. The Revitalization/Incentive density is the maximum density that may be offered in the Land Development Regulations to achieve a certain community benefit in a specific area as part of an incentive program, or to implement the recommendations of an adopted redevelopment or neighborhood plan. Standards in the Land Development Regulations, including those guiding compatibility and transitions, such as setbacks, height limitations, open space criteria, etc. may limit the actual density achievable on a specific site.
In the CBD Central Core Sub-district, the maximum density allowed is 30 dwelling units per acre. The applicant proposes a total of 23 dwelling units, equating to 27 dwelling units per acre. It is important to note, density is calculated across both lots, not just the one proposed for the building. The City Commission should consider whether the requested waivers are allowable due to the unique configuration of the site and if each request meet the required findings. Alternatively, the proposed development could reduce the density or building footprint to comply fully with the LDR standards.
The Planning and Zoning Board (PZB) Staff report provides additional background and a complete analysis of each request.
On August 12, 2024, the PZB reviewed the requests and recommended the following:
Waiver 1. Minimum Streetscape Width: Recommended approval on a vote 4-1.
Waiver 2. Front Setback: Recommended denial on a vote 3-2.
Waiver 3. Civic Open Space: Recommended approval on a vote 5-0.
The project is currently under review with the Technical Advisory Committee (TAC), and modifications may be made to address TAC review comments. Once all technical comments have been addressed, the Level 4 Site Plan with Landscape Waiver will return to City Commission via the recommendation from PZB.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Action on the waivers is required prior to the consideration of the Level 4 Site Plan.