Planning board backs Maxwell site plan despite concerns over loading and reduced landscape buffer

The Delray Beach Planning & Zoning Board on June 16 recommended that the City Commission approve a level‑4 site plan for the Maxwell, a four‑story, 23‑unit condominium building at 306 Northeast Second Street, including a request to reduce landscape buffering along the north parking lot and to allow loading and unloading to occur on Railroad Street rather than on‑site.

Board members voted unanimously to recommend approval after a lengthy staff presentation and applicant rebuttal. Senior planner Alexi Howard entered file number 22023‑196 into the record and summarized the requests, describing the proposal as a 0.856‑acre, mixed‑use building with 23 residential units, a ground‑floor retail bay, and a small civic space at the corner.

Why it matters: The project sits in Delray Beach’s downtown core and seeks relief from several Land Development Regulation (LDR) requirements (including off‑street loading and a five‑foot landscape buffer). Allowing loading on Railroad Street and trimming the landscape buffer would affect how deliveries and pedestrian frontage operate in a compact urban block adjacent to the FEC railway and the Ocean City Lofts development.

The applicant, John Kinsman of VAP Group, described the proposal as 23 for‑sale condominium units with about 2,600 square feet of street‑front retail and roughly 878 square feet of civic space. Architect Peggy Fitzgerald of Neta Architects said the building follows the Art Deco palette approved by the City Commission last year and includes rooftop amenities such as a pool, gym and dog area.

Howard told the board the project provides 45–47 off‑street parking spaces in a linear lot north of Second Street plus three new on‑street spaces; however, the LDR requires two 12‑by‑30‑foot loading berths on site. "The request is to accommodate zero loading spaces on‑site and to utilize Railroad Street for loading purposes," Howard said, describing the planning standard that the approving body must determine the adequacy of loading provisions under LDR section 4.6.10.

Applicant representatives argued that the linear parking lot north of the site and the alley configuration make on‑site loading impractical. "We came up with the idea that we would utilize Railroad Street with an attendant and close monitoring of the situation," said Carter Van Voorhis of VAB Group, adding that a 26‑foot moving truck could be staged without obstructing access to the adjacent Ocean City Lofts garage.

Several board members expressed concern about relying on a public side street used by neighboring residents for both deliveries and garbage pickup. "When you're requiring two and you're trying to find a substitution for two loading zones and you're using that one street that is being used by another residential building, I think that's a pretty hefty ask," said Board member Deidre Strong.

Other board members noted the project is a condominium development with condo documents that could restrict delivery and move‑in times. The applicant said condo bylaws would limit loading times, require packages to be received in a manned lobby during business hours, and disallow restaurant uses in the retail bays. "The retail units upfront on Northeast Second Street will be non‑food retail units," Kinsman said. "We'll mandate Amazon, UPS, FedEx, small deliveries to either utilize the northern parking lot in the nonreserved spaces or go through the lobby."

Staff also recommended that the board consider the project's pedestrian experience, since the applicant proposes stoop frontages on Railroad Street and a reduced remaining setback there. Howard noted prior approvals: the City Commission approved the Art Deco style and three waivers on Oct. 1, 2024, and DSMG previously recommended no additional right‑of‑way dedication along Railroad Street because the adjoining parcel had not dedicated the other half of the 50‑foot standard right‑of‑way.

The board made clear that road closure and construction traffic details must be addressed during permitting and that any road closure longer than 14 days requires City Commission approval. "The road closure during construction is not an issue for determination today; this is part of the building permit," Howard told the board, and Rafi Ibrahim of current planning reiterated that lengthy closures will require commission approval.

Action: A member moved to recommend City Commission approval of the level‑4 site plan, including architectural elevations and a landscape plan, the requested landscape buffer waiver for the north parking lot, and a determination of adequacy for off‑street loading. The motion passed on a roll call vote: Judy Malika — yes; Mitch Katz — yes; Deidre Strong — yes; Christina Godbout — yes; Chris Brown — yes; Jeffrey Meiselman — yes. Greer Snyder was absent.

The board's approval is a recommendation; the application will proceed to the City Commission for final decisions on waivers that exceed staff authority. Several board members said they supported the design and Art Deco execution but urged stricter, enforceable limits in condo documents and permit conditions to manage deliveries and to prevent food service tenants that would increase large‑truck demand.

Looking ahead: The applicant said it will finalize condo documents to limit move‑ins and deliveries, provide a maintenance‑of‑traffic plan during construction, and coordinate with city staff on loading enforcement. The City Commission will review the recommended approvals and any road‑closure requests that exceed two weeks.