City of Delray Beach - File #: 23-1447

• File #: 23-1447
• Version: 1
• Type: Ordinance
• Status: Second Reading
• File created: 10/18/2023
• In control: City Commission
• On agenda: 11/14/2023
• Title: ORDINANCE NO. 38-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND MEASURING APPROXIMATELY 4.87 ACRES LOCATED AT 5185 ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY AGRICULTURE RESIDENTIAL TO CITY OF DELRAY BEACH MEDIUM DENSITY RESIDENTIAL; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING / QUASI JUDICIAL)
• Sponsors: Development Services Department

Date	Ver.	Action By	Action	Result
11/14/2023	1	City Commission	approved on first reading	Pass

TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: November 14, 2023

Title
ORDINANCE NO. 38-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND MEASURING APPROXIMATELY 4.87 ACRES LOCATED AT 5185 ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PALM BEACH COUNTY AGRICULTURE RESIDENTIAL TO CITY OF DELRAY BEACH MEDIUM DENSITY RESIDENTIAL; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING / QUASI JUDICIAL)

Body
Recommended Action:
Recommendation
Review and consider Ordinance No. 38-23, a privately initiated request for a rezoning from Palm Beach County Agriculture Residential to City of Delray Beach Multiple Family Residential for a parcel of land located at 5185 Atlantic Avenue, subject to the City of Delray Beach Land Development Regulations Section 2.4.5(B).

Body
Background:
The applicant has requested a rezoning for a vacant 4.87-acre parcel from Palm Beach County Agriculture Residential to City of Delray Beach Multiple Family Residential. The rezoning request is being reviewed concurrently with a petition for a voluntary annexation, a small-scale Land Use Map Amendment from Palm Beach County Residential High to City of Delray Beach Medium Density 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(B), Land Use Actions: Change of zoning district designation, "amendments to the Official Zoning Map may be initiated by the city or by the owner of the property." S...