TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 13, 2026
Title
RESOLUTION NO. 155-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A LEVEL 2 SITE PLAN, ARCHITECTURAL ELEVATIONS, LANDSCAPE PLAN; APPROVING A WAIVER TO SECTION 4.6.16(H)(6) OF THE LAND DEVELOPMENT REGULATIONS TO REDUCE THE NUMBER OF REQUIRED STREET TREES FROM FIVE TO FOUR AND TO LOCATE the trees ON INDIVIDUAL LOTS FOR THE PROJECT LOCATED AT 120 SW 3RD AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Body
Recommended Action:
Recommendation
Review and consider Resolution No. 155-26, approving a Level 2 Site Plan to construct five, two-story fee-simple townhouse development located at 120 SW 3rd Avenue.
Body
Background:
The subject site is a 0.467-acre property which is composed of a portion of Lot 11 and Lot 12 of the Town of Linton Plat with a physical address of 120 SW 3rd Avenue. The site is situated along SW 3rd Avenue to the east and an unimproved public alley along the western property line. The property is zoned Medium Residential (RM) with an underlying land use designation of MD and is within the Southwest Neighborhood Overlay District.The property is also located within the CRA Sub Area 8 and within the Wellfield Protection Zone 2.
Luxcon Builders ("Applicant") submitted a Level 2 Site Plan application seeking approval to construct five, two-story fee-simple townhomes. The proposed fee-simple townhomes are 1,955 square feet and have three bedrooms and two-and-a-half-bathrooms. Each unit will provide a one-car garage and individual driveways accessed from SW 3rd Avenue. As the property is located within a wellfield, to accommodate on-site stormwater management and comply with ERM requirements, an on-site dry retention area is proposed at the rear of the development measuring approximately 26.7 feet in width, 150 feet in length, and 5.5 feet in depth. The dry retention area will be enclosed by a black metal fence and accessed by separate platted tracts along the north and south sides of the property, including a sloped pedestrian ramp. During the dry conditions, the retention area will function as a passive open space amenity for residents while serving its primary purpose of providing on-site stormwater management.
Pursuant to the “Special Regulations” in LDR Section 4.4.6(H)(1) for properties zoned RM, the “density may exceed the base of six units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards in LDR Section 4.3.3(BB), which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses.
The proposed density is 10.71 dwelling units per acre (du/ac). Since the proposed density exceeds the minimum density of six du/ac, the project is required to meet the performance standards in LDR Section 4.3.3(BB). The approving body shall make a finding that the development substantially complies with the performance standards listed in this section.
An unimproved alley is located to rear of the site. The project does not propose to improve the alley and the City does not have the alley improvement scheduled in the Capitol Improvement Plan at this time. As a result, the site design proposes five individual driveways accessed from SW 3rd Avenue, instead of using the rear alley for access. The proposed driveways for each townhouse combined with existing underground infrastructure within the right-of-way limits compliance with the City's street tree requirement. LDR 4.6.16(H)(6) requires street trees every 40 linear feet, with at least one tree per property, located between the inside edge of the sidewalk and edge of road pavement (right-of-way). The property has 150 feet of street frontage, which results in a requirement for four trees; however, the minimum requirement of one tree per property establishes a requirement of five street trees, one for each townhouse lot. Therefore, the applicant is requesting a waiver to both reduce the number of required tree streets from five to four and to locate street trees between the driveways on the private lots.
On August 26, 2026, the Site Plan and Appearance Board, considered the application at a public hearing and voted 4 to 0 to approve the Level 2 Site Plan, including a Landscape Waiver to construct five, two-story fee-simple townhome development.
Subsequently, on September 8, 2026, the City Commission appealed the decision of the Planning and Zoning Board.
Pursuant to LDR Section 2.5(E)(2), a de novo review of the Project was held by the City Commission on October 13, 2026.
The attached Staff Report provides a full analysis of the required findings and applicable policies for consideration for the Level 2 Site Plan, including the supplemental materials submitted by the Applicant.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Pursuant to LDR Section 2.5.(C)(4), the hearing of an appeal shall be held no more than 60 calendar from the date the City Commission initiated, which was September 8, 2026. The applicant requested to have the appeal heard on October 13, 2026.