City of Delray Beach - File #: 23-1146

• File #: 23-1146
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 8/17/2023
• In control: City Commission
• On agenda: 9/5/2023
• Final action: 9/5/2023
• Title: RESOLUTION NO. 180-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE RECOMMENDATION OF DENIAL OF THE PLANNING AND ZONING BOARD, SERVING AS THE LOCAL PLANNING AGENCY FOR THE CITY, OF THE REZONING OF APPROXIMATELY 5.08 ACRES LOCATED AT 4594 133rd ROAD SOUTH FROM AGRICULTURE RESIDENTIAL TO SINGLE FAMILY RESIDENTIAL (R-1-A); PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(QUASI-JUDICIAL)
• Sponsors: Development Services Department

Date	Ver.	Action By	Action	Result
9/5/2023	1	City Commission	approved	Pass

TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: September 5, 2023

Title
RESOLUTION NO. 180-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE RECOMMENDATION OF DENIAL OF THE PLANNING AND ZONING BOARD, SERVING AS THE LOCAL PLANNING AGENCY FOR THE CITY, OF THE REZONING OF APPROXIMATELY 5.08 ACRES LOCATED AT 4594 133rd ROAD SOUTH FROM AGRICULTURE RESIDENTIAL TO SINGLE FAMILY RESIDENTIAL (R-1-A); PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(QUASI-JUDICIAL)

Body
Recommended Action:
Recommendation
Review and consider Resolution No. 180-23, overruling the decision of the Planning and Zoning Board for rezoning the property located at 4594 133rd Road South from Palm Beach County Agricultural Residential (AR) to Single Family Residential (R-1-A); providing a conflicts clause and a severability clause; providing an effective date; and for other purposes.

Body
Background:
The subject property is a 5.08-acre parcel located at 4594 133rd Road South, west of Barwick Road and north of the Lake Worth Drainage District L-31 Canal and within the area designated in Map AD-1, “Future Annexation Area” in the Always Delray Comprehensive Plan. Cocoon Development LLC (“Applicant”) submitted applications for voluntary annexation, a Land Use Map Amendment (LUMA) from Palm Beach County Medium Residential (MR-5) to Low Density Residential (LD), and a rezoning from Palm Beach County Agriculture Residential (AR) to Single Family Residential (R-1-A).

The County MR-5 land use designation allows 5 dwelling units per acre; the proposed City LD land use designation allows 1 to 5 dwelling units per acre. The applicant has requested R-1-A, Single Family Residential zoning, which is consistent with the proposed LD land use. Single Family Residential Districts have been created to provide areas where th...