TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: August 11, 2026
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ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT (LMA) FOR THE PROPERTY KNOWN AS DELRAY SWAN LOCATED AT 215-253 SE 1ST AVENUE, 118 SE 2ND STREET, AND 240-280 SE 2ND AVENUE.
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Recommended Action:
Recommendation
Acceptance of a Landscape Maintenance Agreement (LMA) for the property known as Delray Swan located at 215 SE 1st Avenue, 118 SE 2nd Street, and 240-280 SE 2nd Avenue.
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Background:
A Level 3 Site Plan Application request, including Architectural Elevations and a Landscape Plan, for Delray Swan, a 36-unit, fee-simple townhouse development, was approved by the Planning and Zoning Board on May 18, 2026. The request includes landscaping improvements located within the public right-of-way along SE 1st Avenue, SE 2nd Avenue, SE 2nd Street and SE 3rd Street. Such improvements require the approval of a Landscape Maintenance Agreement (LMA). Pursuant to requirements of the Land Development Regulations (LDR), the property owner is responsible for perpetual maintenance of landscaping located in the right-of-way, which is stipulated in the LMA.These documents are ministerial and serve to implement the approved design; there are no changes to the Delray Swan Development in this action.
City Attorney Review:
The agreement has been approved as to form and legal sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
The LMA will be effective immediately upon approval. Recordation of LMA is required prior to issuance of a building permit.