TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: October 17, 2017
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TERMINATION AGREEMENT AND MUTUAL RELEASE OF THE PARKING COMPLIANCE AGREEMENT WITH THE METROPOLITAN AT DELRAY, LLC AND SUNTRUST BANK
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Recommended Action:
Recommendation
Motion to Approve the Termination Agreement and Mutual Release, as presented.
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Background:
On September 19, 2014, the Metropolitan at Delray, LLC ("Metropolitan"), submitted applications to the City of Delray Beach Planning & Zoning Department for a conditional use (density and height), and a Class V and Class II site plan. Upon investigation by City staff, it was determined that parcels for the Metropolitan were previously associated with the SunTrust Bank ("SunTrust") and would create a 15-space parking deficit for Suntrust, which based on a site plan dated January 12, 1987. As a result of this finding, a parking compliance agreement ("Agreement") was prepared to establish compliance with the Land Development Regulations ("LDR") for off-site parking for Suntrust Bank based upon the LDRs as of September 2014. The Agreement was approved on March 3, 2015, and executed on September 21, 2015.
In February 2015, the City Commission adopted amendments to the LDRs for the Central Business District (CBD), which is the zoning for the two properties referenced. Ordinance No. 02-15 amended the parking requirements within the CBD. One of the LDR changes regarding parking was Section 4.4.13(I)(2)(d) which states “Properties less than 65 feet in width are not required to provide off-street parking, except for restaurant and lounge uses.” The SunTrust property has frontage on E. Atlantic Avenue of 44 feet and a midpoint width of 55 feet. Based upon the referenced LDR section, the property is not required to provide parking except for restaurant or lounge uses. Therefore, the SunTrust is no longer required to keep the asso...
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