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File #: 25-1543    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 11/18/2025 In control: City Commission
On agenda: 12/8/2025 Final action:
Title: RESOLUTION NO. 238-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(F)(4)(b)2.OF THE 2013 LAND DEVELOPMENT REGULATIONS TO REDUCE THE FRONT SETBACK REQUIREMENT FROM FIVE FEET TO TWO FEET SIX INCHES, FOR THE PROJECT LOCATED AT 601 AND 777 EAST ATLANTIC AVENUE, ALSO KNOWN AS ATLANTIC CROSSING, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution No. 238-25 Waiver Setback, Atlantic Crossing, 3. Staff Report, Atlantic Crossing, 4. Waiver Exhibits, Atlantic Crossing, 5. Justification Statement, Atlantic Crossing, 6. 2013 LDR 4.4.13 CBD, 7. Legal Review Resolution No. 238-25 Waiver Setback, Atlantic Crossing
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: December 8, 2025

Title
RESOLUTION NO. 238-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(F)(4)(b)2.OF THE 2013 LAND DEVELOPMENT REGULATIONS TO REDUCE THE FRONT SETBACK REQUIREMENT FROM FIVE FEET TO TWO FEET SIX INCHES, FOR THE PROJECT LOCATED AT 601 AND 777 EAST ATLANTIC AVENUE, ALSO KNOWN AS ATLANTIC CROSSING, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)

Body
Recommended Action:
Recommendation
Review and consider Resolution No. 238-25, approval of a waiver request to reduce the required front setback from five feet to two feet and six inches along a portion of Building IV-S adjacent to NE 7th Avenue, associated with a Level 1 Site Plan modification for Atlantic Crossing.

Body
Background:
Atlantic Crossing, originally approved on January 21, 2014 by the City Commission, is a mixed-use development with retail, restaurants, offices, and 328 dwelling units. The project was also approved with a Conditional Use to increase the maximum building height for Building III and VI-S, as well as increase the overall site's density to 40 dwelling units per acre with the provision that the project provides workforce housing.

Four waivers were approved by City Commission on March 1, 2017. The waivers were as follows:
1. LDR Section 5.3.1(D)(2), to reduce the minimum right-of-way width from 60 feet for the new east/west road between NE 6th Avenue and NE 7th Avenue to 30 feet.
2. LDR Section 6.1.3(B)(1)(f), to reduce the minimum 8-foot-wide sidewalk to 6 feet along the north side of the new east/west road between NE 6th Avenue and NE 7th Avenue.
3. LDR Section 4.4.13(F)(4), to reduce the minimum and maximum building setbacks for the buildings and fr...

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