Legislation Details

File #: 23-1696    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/4/2023 In control: City Commission
On agenda: 1/16/2024 Final action: 1/16/2024
Title: RESOLUTION NO. 02-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAJOR SUBDIVISION APPLICATION FOR A FINAL PLAT FOR A SUBDIVISION KNOWN AS “BLACKSTAR 318 SE 5TH AVENUE” TO REPLAT A PORTION OF LOTS 1 THROUGH 6, BLOCK 104, OSCEOLA PARK, RECORDED IN PLAT BOOK 3, PAGE 2, AS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution 02-24 - Blackstar Final Plat lg rev 11-8-23 - final, 3. PZB Report, 318 SE 5th Avenue, 4. Blackstar 318 SE 5th Ave Plat, 5. Existing Survey, 6. Simple Legal Review Blackstar Final Plat Reso 02-24

TO:                                          Mayor and Commissioners

FROM:                     Anthea Gianniotes, Development Services Director

THROUGH:                     Terrence R. Moore, ICMA-CM

DATE:                     January 16, 2024

 

Title

RESOLUTION NO. 02-24:  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAJOR SUBDIVISION APPLICATION FOR A FINAL PLAT FOR A SUBDIVISION KNOWN AS “BLACKSTAR 318 SE 5TH AVENUE” TO REPLAT A PORTION OF LOTS 1 THROUGH 6, BLOCK 104, OSCEOLA PARK, RECORDED IN PLAT BOOK 3, PAGE 2, AS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)

 

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Recommended Action:

Recommendation

Consideration of the  certification of the Final Plat, “Blackstar 318 SE 5th Ave”, a replat of a portion of Lots 1 through 6, Block 104, Osceola Park, as recorded in Plat Book 3, Page 2 of the Public Records of Palm Beach County, associated with the construction a four-story mixed-use development, totaling 0.88 acres, located at 302, 318, 338, and 346 SE 5th Avenue.

 

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Background:

The subject property is located on the west side of SE 5th Avenue (South Federal Highway) between SE 3rd Street and SE 4th Street, and is currently comprised of multiple lots, addressed as 302, 318, 338, and 346 SE 5th Avenue.  The property is in the Central Core Sub-district of the Central Business (CBD) District Zoning District and has a Land Use Map Designation of Commercial Core (CC).  The properties are located within the Osceola Park Neighborhood.

 

The proposed replat consists of Lots 1 through 6, Osceola Park recorded in Plat Book 3, Page 2 of the Public Records of Palm Beach County, Florida and includes Parcel “A” containing 38,323 square feet, and measures approximately 110 to 125 wide by approximately 292 to 307 feet deep.  Dedications for utility purposes (RW) contain 1,257 square feet and (RW1) assigns 63 square feet to the State of Florida Department of Transportation (FDOT) for the perpetual use of the public roadway purpose.

 

The properties are vacant except for 346 SE 5th Avenue (Lot 6), which contains a commercial structure that must be demolished and receive a certificate of completion prior to recordation of the plat.

 

Pursuant to LDR 2.4.8(B); Major Subdivision; involves the creation of more than three individual lots and involves both the Planning and Zoning Board and the City Commission. The City Commission shall be the final authority in the subdivision review process. The City Commission may approve or deny a plat. 

 

A full analysis of the required findings is provided in the attached staff report.

 

On November 27, 2023, the Planning and Zoning Board recommended approval to the City Commission for certification of the Final Plat by a vote of 6 to 0.

 

City Attorney Review:

Resolution No. 02-24 was approved to form and legal sufficiency.

 

Funding Source/Financial Impact:

N/A

 

Timing of Request:

Resolution No. 02-24 shall be effective upon issuance of a Certificate of Completion associated with a Demolition Permit for lot 346 SE 5th Avenue.  Upon issuance of the Certificate, the Mayor shall execute the plat on behalf of the City.