TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 5, 2024
Title
RESOLUTION NO. 19-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAJOR SUBDIVISION APPLICATION FOR A PLAT FOR A PROPOSED SUBDIVISION KNOWN AS “MAGNOLIA PLACE” TO REPLAT THE SOUTH HALF OF LOT 13 AND ALL OF LOTS 14 THROUGH 19 INCLUDING THE AMENDED PLAT OF SUNDY AND THE CROMER'S SUBDIVISION OF BLOCK 70 RECORDED IN PLAT BOOK 6, PAGE 17, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
Body
Recommended Action:
Recommendation
Review and consider Resolution No. 19-24, a privately-initiated request for a Major Subdivision Plat with Waivers, to replat portions of the south half of Lot 13 and all of Lots 14 through 19, inclusive Block 70, Amended Plat of Sundy and Cromer’s Subdivision of Block 70.
Body
Background:
The subject properties are located north of SE 2nd Street on SE 1st Avenue within the south half of Lot 13 and all of Lots 14 through 19, inclusive Block 70, Amended Plat of Sundy and Cromer’s Subdivision of Block 70. The properties are zoned Old School Square Historic Arts District (OSSHAD) and are located within the Old School Square Historic District.
Pursuant to the definitions of “Major Subdivision” in the LDRs, the proposed plat qualifies as a Major Subdivision as it involves more than three lots and requires dedications. Pursuant to LDR Section 2.4.8(B), Major Subdivision shall involve 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. Additionally, per LDR Section 2.4.8(B)(3)(b) - Major Subdivision, plats requesting relief in historic districts shall have a preliminary review by the HPB for recommendation to the PZB.
The lots currently contain three structures: 19 SE 2nd Street, 148 SE 1st Avenue, and 130 SE 1st Avenue. The existing structure at 19 SE 2nd Street is a non-contributing 1-story Ranch, quadraplex constructed in 1950. However, a 2005 Florida Master Site File Historical Structure Form notes that “it contributes to the district as a modest example of domestic architecture...”. With the 2020 5-District Historic Resource Resurvey, the property is recommended to be a contributing resource. The property located at 148 SE 1st Avenue contains a non-contributing structure constructed in the late 1970s that has not yet gained historic significance. The structure located at 130 SE 1st Avenue is non-contributing and not recommended for contributing due to modifications made to the structure in the 1980s. These structures must be demolished and receive a certificate of completion prior to recordation of the plat.
The subject Major Subdivision request is related to the proposed development of the property as five two-story duplex structures (10 units) on five new lots. The Major Subdivision includes two waiver requests, one to lot width and one to lot frontage. Land Development Regulation (LDR) Section 4.3.4(K) requires a minimum lot frontage of 80 feet, whereas 65.82 feet is proposed for Lot 1 and 64.80 feet is proposed for Lots 2-5. LDR Section 4.3.4(K) requires a minimum lot frontage of 80 feet, whereas 65.82 feet is proposed for Lot 1 and 64.80 feet is proposed for Lots 2-5.
LDR Section 4.3.1 requires any lot created after October 1, 1990, to meet the minimum requirements of Chapter 4, which include lot width and frontage, unless the City Commission declares the creation of a nonconformity to be necessary and appropriate.
On August 17, 2023, a request to reduce the required right-of-way width of SE 1st Avenue from 50 feet to 45 feet was denied by the Development Services Management Group (DSMG), for the Major Subdivision with Waivers. The applicant appealed the decision to the City Commission. On September 17, 2023, the City Commission approved via Resolution No. 186-23, with the requirement that a five-foot sidewalk and general utility easement be recorded to ensure pedestrian connectivity and utility access along the street. The proposed plat provides this easement.
A full analysis of the proposed plat and the required findings is provided in the attached Historic Preservation Board (HPB) and Planning and Zoning Board staff reports.
On January 17, 2024, the Historic Preservation Board reviewed the request for Major Subdivision with Waivers and recommended denial to the Planning and Zoning Board by a vote of 4 to 3.
On January 22, 2024, the Planning and Zoning Board reviewed the request and recommended approval to the City Commission by a vote of 3 to 1.
City Attorney Review:
Resolution No. 19-24 was approved to form and legal sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
Resolution No. 19-24 will become effective upon issuance of a Certificate of Completion associated with a Demolition Permit for 19 SE 2nd Street, 148 SE 1st Avenue, and 130 SE 1st Avenue, recordation of and concurrent acceptance of a General Utility and sidewalk Easement Agreement.