File #: 22-1597    Version: 1 Name:
Type: Resolution Status: Withdrawn
File created: 11/1/2022 In control: City Commission
On agenda: 11/15/2022 Final action: 11/15/2022
Title: RESOLUTION NO. 190-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DECISION OF THE PLANNING AND ZONING BOARD, WHICH SERVES AS THE LOCAL PLANNING AGENCY FOR THE CITY, FOR A REZONING OF THE APPROXIMATE .21 ACRE PARCEL LOCATED AT 210 SE 3RD AVENUE FROM A ZONING DESIGNATION OF SINGLE FAMILY RESIDENTIAL (R-1-A) TO CENTRAL BUSINESS DISTRICT (CBD) PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Res 190-22 - 210 SE 3rd - Appeal of Rezoning, 3. PZB Report - 210 SE 3rd Ave, 4. Ord 36-22 - 210 SE 3rd REZ, 5. Applicant Justification Statement, 6. Maps, 7. Survey, 8. Traffic Statement, 9. Legal Review Resolution 190-22, 10. Legal Review Ordinance 36-22
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: Terrence R. Moore, ICMA-CM
DATE: November 15, 2022

Title
RESOLUTION NO. 190-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OVERRULING THE DECISION OF THE PLANNING AND ZONING BOARD, WHICH SERVES AS THE LOCAL PLANNING AGENCY FOR THE CITY, FOR A REZONING OF THE APPROXIMATE .21 ACRE PARCEL LOCATED AT 210 SE 3RD AVENUE FROM A ZONING DESIGNATION OF SINGLE FAMILY RESIDENTIAL (R-1-A) TO CENTRAL BUSINESS DISTRICT (CBD) 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. 190-22, overruling the decision of the Planning and Zoning Board for rezoning the property located at 210 SE 3rd Avenue from R-1-A to CBD; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes.
Body
Background:
The subject property is a +/- 0.21-acre lot located at 210 SE 3rd Avenue, east of the FEC rail line and south of SE 2nd Street within the Delray Beach Community Redevelopment Agency (DBCRA) Sub-Area # 7 boundary. It is also located within the Osceola Park neighborhood and subject to the Osceola Park Neighborhood Redevelopment Plan. 206 Delray Beach LLC (the “Applicant”) has requested a rezoning from Single Family Residential (R-1-A) to Central Business District (CBD). An accompanying Land Use Map amendment (LUMA) changing the property's designation from Low Density (LD) to Commercial Core (CC) is also requested.

On September 12, 2022, the Planning and Zoning Board, sitting as Local Planning Agency for the City of Delray Beach, considered the rezoning at a public hearing and did not recommend approval of the application to rezone the property from R-1-A to CBD by a vote of 6-0.

On September 21, 2022, the applicant filed a request to appeal the decision of the ...

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