TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: August 19, 2024
Title
RESOLUTION NO. 162-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW FREE-STANDING MULTIPLE-FAMILY HOUSING IN THE GENERAL COMMERCIAL ZONING DISTRICT; APPROVING A WAIVER REQUEST TO SECTION 4.6.9(D)(6)(d) OF THE LAND DEVELOPMENT REGULATIONS FOR A 22-FOOT WIDE DRIVE AISLE; APPROVING A WAIVER REQUEST TO SECTION 4.3.3(O)(4)(b) OF THE LAND DEVELOPMENT REGULATIONS FOR A TOWNHOUSE-TYPE RESIDENTIAL BUILDING WITH AN OVERALL LENGTH OF 222 FEET, 8 INCHES; APPROVING AN INTERNAL ADJUSTMENT REQUEST FOR A DISTANCE OF 30 FEET BETWEEN RESIDENTIAL BUILDINGS; AND APPROVING A LEVEL 4 SITE PLAN, LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS FOR THE PROJECT KNOWN AS TROPICS OF DELRAY, LOCATED AT 2400 AND 2410 NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(QUASI-JUDICIAL HEARING)
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Recommended Action:
Recommendation
Review and consider Resolution No. 162-24, approval of a conditional use, two waivers, an internal adjustment and a Level 4 Site Plan, Landscape Plan, and Architectural Elevations to develop a 34-unit freestanding multi-family condominium in the General Commercial zoning district located at 2400 and 2410 North Federal Highway.
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Background:
The subject property consists of three parcels totaling 2.97 acres (3.08 acres pre-dedication of ROW) located between North Federal Highway and Old Dixie Highway. There is currently an existing commercial building on each lot: Badcock Home Furniture (2400 N Federal Highway) and the Bees Knees Diner (2410 N Federal Highway). The property is zoned the General Commercial (GC).
A Level 4 Site Plan Application (File No. 2024-030) with a Conditional Use (File No. 2024-031) has been submitted for the project known as Tropics of Delray, 34-unit condominium development, with amenities. Tropics of Delray is comprised of one four-story building and five three-story buildings, with unit sizes ranging from three to five bedrooms. The larger four-story building in the project includes both designated garages and private pool cabanas on the ground floor, with the residential units located in the upper stories. Required parking for each unit is provided within a private garage, and guest parking for each unit is provided through either an attached driveway in front of the garage or a reserved parking space located generally near the unit.
The Level 4 Site Plan includes a conditional use, two waivers, and an internal adjustment:
Pursuant to LDR Section 4.4.9, a Conditional Use approval is required for free-standing multi-family development in the GC district.
Pursuant to LDR Section 4.3.3(O)(4)(b) the maximum length of a single townhouse building is 200 feet, whereas the applicant has proposed a building that is 222 feet, 8 inches in length.
Pursuant to LDR Section 4.6.9(D)(6)(d) the minimum width of a drive-aisle for two-way traffic is 24 feet, whereas the applicant has proposed a drive-aisle with 22 feet of width.
LDR Section 4.6.2 regulates the distance of separation between residential buildings based on the size of the buildings proposed. This development would require a separation of 53 feet, whereas the applicant has proposed an internal separation of 30 feet between some of the structures.
Comprehensive Plan Policy HOU 5.1: Encourage construction of mixed-income housing developments to avoid a concentration of affordable units in one development or neighborhood and to provide a full range of residential unit types and prices.
Considerations for the Board:
1. Regarding the conditional use, if allowing a multi-family development in the commercial area is appropriate for the area.
2. While a range of unit types from 3-5 bedrooms is proposed, whether the proposed project meets the intent of the Housing Element of the Comprehensive Plan and whether there is opportunity to provide a greater diversity of unit types that could accommodate a wider range of income levels, though revitalization incentives (for example, increased height or additional density) is not available for this location.
3. Whether the large unit sizes are a contributing factor for the requested relief and if the overall building area was reduced, could some units with a lower bedroom count be provided to expand affordability and to mitigate the need for the requested waivers by reducing the size of the building.
4. Whether the requested relief impacts the adjoining properties.
On July 15, 2024, the Planning and Zoning Board (PZB) reviewed the request and recommended approval to the City Commission by a vote of 6-1.
Please note, the item before the City Commission is final action on the Conditional Use, Waivers, and Internal Adjustment, and the proposed Level 4 Site Plan, Landscape Plan, and Architectural Elevations. Each of these actions requires specific findings be made and the attached Staff Report provides a thorough analysis of the project and the findings. This item is final action and the project will not appear as an appealable item on a future agenda.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Approval of the Level 4 Site Plan with Conditional Use and waivers is required prior to site plan certification and submitting for building permits.