File #: 23-1611    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 11/14/2023 In control: City Commission
On agenda: 12/5/2023 Final action: 12/5/2023
Title: ORDINANCE NO. 37-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT REDESIGNATING A PARCEL OF LAND MEASURING APPROXIMATELY 4.87 ACRES LOCATED AT 5185 ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY RESIDENTIAL HIGH TO CITY OF DELRAY BEACH MEDIUM DENSITY RESIDENTIAL PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ordinance No. 37-23, 3. 5185 Atlantic Ave PZ Staff Report, 4. Existing and Proposed Land Use, 5. Existing and Proposed Zoning, 6. Map AD-1, Future Land Use Designations, 7. Map AD-23, Annexation Areas, 8. 5185 Atlantic Ave Conceptual Site Plan, 9. 5185 Atlantic Ave Survey - Site, 10. 5185 Atlantic Ave Flo Project Narrative - Annex-LUMA-Rez, 11. TPS Letter 8-14-23, 12. Traffic Statement, 13. Proof of Legal Ad_LUMA RZ LDR Amend_11.24.23, 14. Legal Review Ord 37-23 LUM 5185 W Atlantic Ave
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: December 5, 2023

Title
ORDINANCE NO. 37-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT REDESIGNATING A PARCEL OF LAND MEASURING APPROXIMATELY 4.87 ACRES LOCATED AT 5185 ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY RESIDENTIAL HIGH TO CITY OF DELRAY BEACH MEDIUM DENSITY RESIDENTIAL PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING)

Body
Recommended Action:
Recommendation
Review and consider Ordinance No. 37-23, a privately initiated request for a small-scale Land Use Map Amendment for a parcel of land located at 5185 Atlantic Avenue, subject to Florida Statutes Section 163 and the City of Delray Beach Land Development Regulations Section 2.4.5(A).

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Background:
The applicant has requested a Land Use Map Amendment for a vacant 4.87-acre parcel from Palm Beach County Residential High to City of Delray Beach Medium Density Residential. The Land Use Map Amendment request is being reviewed concurrently with a petition for a voluntary annexation, a rezoning from Palm Beach County Agriculture Residential to City of Delray Beach Multiple Family Residential, and a privately-initiated amendment to the Land Development Regulations to adopt The Flo Delray Overlay District for the purpose of establishing a revitalization incentive density bonus of up to 24 dwelling units per acre at the subject property. The annexation request shall be considered prior to the land use designation and rezoning requests.

LDR Section 2.4.5(A), Land Use Actions: Amendments to the Comprehensive Plan, "amendments to the Comprehensive Plan shall be processed pursuant to ...

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