TO: Mayor and Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: April 19, 2016
Title
DEVELOPER'S AGREEMENT FOR UPTOWN ATLANTIC (SECOND PUBLIC HEARING)
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Recommended Action:
Recommendation
Motion to approve Developer's Agreement for Uptown Atlantic.
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Background:
Equity Delray, LLC (“Developer”) has received City approval to build a project known as Uptown Atlantic, a mixed-use development consisting of 112 dwelling units, 17,267.3 square feet of office, 6,040 square feet of restaurant, and 43,162 square feet of commercial/retail space on West Atlantic Avenue between SW 6th Avenue and SW 9th Avenue (“Project”). As a condition of site plan approval, the Developer must enter into a Developer’s Agreement with the City which describes the Developer’s obligations with respect to the Project in accordance with Sections 163.3220 - 3243, Florida Statutes.
This is the second of two public hearings for the Developer’s Agreement, as required by statute. The first public hearing occurred on April 5, 2016. The City Commission recommended no changes to the Developer’s Agreement at that time.
The Developer’s Agreement provides that the Project shall be governed under the former LDRs for the Central Business District, which were the LDRs in existence at time the Developer submitted its application for Conditional Use to increase the density for the Project. The former LDRs will apply to the Project for the term of the Agreement so long as the Project is constructed in substantial conformity with the Site Plan that is attached to the Developer’s Agreement.
The Developer’s Agreement describes the Developer’s obligations to make a payment to the City in lieu of constructing parking in accordance with the City’s LDRs, to perform certain maintenance obligations with respect to sidewalks and landscaping in the public right-of-way, to construct or contribute to the funding of a bus shelter, to temporarily relocate the b...
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