Loading...
Res. No. 19-24 (Recorded)CFN 20240085085 OR BK 34882 PG 1870 RECORDED 3/13/2024 1:52 PM Palm Beach County, Florida Joseph Abruzzo, Clerk Pgs: 1870 - 1878; (9pgs) RESOLUTION NO. 19-24 A. RESOLUTION OF T14E ("1TY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAJOR SUBDIVISION A.PPLIL"ATIONL FOR A PLAT FOR. A PROPOSED SUBDIVISION KNOWN AS "MAGNOLIA PLACE'. 'TO REPLAT THE SOUTH 14ALF OF LOT 13 AND ALL OF LOTS 14 THROUGH 19 INCLUDING THE AMENDED PLA.I. OF StJNDY 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 OTI-IER PURPOSES. WHEREAS, 130 SE I'`. Ll_C ("Owner"), is the owner of four• parcels of land Measuring approximately 0.991 1 acres in total located at 130, 134, and 149 SIB I` Avenue and 19 SIB 2f°a1 Street ("Properties"), as more particularly described in Exhibit "A'; and WHEREAS, the Properties are zoned Old School Square Historic Arts District (OSSHAi_D), within the OIL] School Square Historic District and currently include two single-family homes and one: gUadraplex. and WHEREAS, the Owner designated Jeff'Costello, AICP, I=RA-RA, ofJC Planning Solutions, ]rlc. ("Applicant") to act as its agent; and WHEREAS, the City of Delray Beach, Florida ("the City"), received an application for a Major Subdivision (File No. 2023-139) from the Applicant seeking to subdivide the Properties into a five -lot subdivision known as Magnolia Place (a.k.a. Downtown Delray Villas), as more particularly described in Exhibit "B"; and WHEREAS, if the Properties are divided into a five -lot subdivision, nonconformities would be created regarding the existing single-family homes and quadraplex; and WHEREAS, Section 4.3.4(K), "Development standards matrix." of the Land Development Regulations (LDR) requires a ni.initnum of'80 feet for lot frontage and lot width, and W1 IERHAS, the proposed five -lot subdivision only provides a lot frontage and lot width of 65.82 feet i'or Lot 1 and 64.80 feet for Lots 2 through 5; and WHEREAS. LDR Section 5.1.3 requires a plat for the subdivision of any lot, tract, or parcel or land: and WHEREAS, LDR Section 4.3.1 requires any lot created. after October 1, 1990, to meet the niinilrnim requirements ol'Cha.plcr 4, unless the City Commission declares the creation ofa nonconlormlty R ;S NO, 19-24 CFN 20240085085 OR BK 34882 PG 1871 Pg: 2 of 9 to be necessary and appropriate-, and W'HEAEAS, Section 5.1.6(A)(1) of the LDRs staters that all subdivisions shall conform Willi, at least, the rnininlunl zoning regulalions applicable to the property being subdivided and a nonconforming situation cannot be created through the: act of subdivision; and WHEREAS, LDR Section 4.5.1 ff)(1), requires that no structure within a historic: district or on a historic site shall be demolished before a Certificate of Appropriateness has been issued: and WHEREAS, LDR Section 4.5.1(F )(2), requires that the application for a Certificate of Appropriateness for demolition must be accompanied by an application for a Certificate of Appropriateness for alterations to the structure or the redevelopment ofthe property. and WHEREAS, 1-DR Section 4.5.1(F)(3), requires that demolition shall not occur until a building permit has been issued for the alterations or redevelopment as described in the applicable Certificate of Appropriateness; and WHEREAS, REAS, LDR Section 2.4.4(B)(1), requires the maJor subdivision process to be first considered by the Planning rind Zoning Board With final consideration by the City Comixtission; and WHEREAS, LDR Section 2.4.8(8)(3)(b), requires a preliminary review be conducted by the. Historic Preservation Board prior to being considered by the Planning and Zoning Board When a im for subdivision plat requests relief in a historic district; and WHEREAS, pursuant to LDR Section 2.4.80(3)(h), the; Historic Preservation Board considered the request at a public hearing on January 17, 2024, and voted 4 to 3 to recommend denial cif the Major Subdivision to the Planning and Zoning Board; and W1lEREAS, pursuant to LDR. Section 2.4.8(B)(3)(d), the Planning and Zoning; Board considered the request at a public hearing on January 22. 2024. and voted 3 to 1 to recommend approval of the Major Subdivision to the: City Commission; and, WHEREAS, the City Commission considered the Maior Subdivision request on March. 5, 2024, and has considered the respective findings as set Barth in the Land Development Regulations. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF 'r IE CITY OF DELRAY BEACJ1, FLORIDA, AS FOLLOWS: Section 1. The I:oregoing recitals arc incorporated therein by this reference. Section ?, The City Commission makes positive landings that the; creation of nonconforming lots vvitlh lot frontage and lot width of 65.82 fi:ct liar Lot t and 64.80 feet for lots 2 through 5 to be necessary and appropriate. RI.,.s NO. 0124 CFN 20240085085 OR BK 34882 PG 1872 Pg: 3 of 9 Section 3. The City Commission approves the Major Subdivision Application for a five -parcel subdivision known as "Magnolia Place" (A.K.A Downtown Dclray Villas}, as more particularly described in Exhibit "B." Section 4. This Resolution shall be effective upon issuance of the Certificates of Completion (the "Certificates") associated with the Demolition Permils for the Properties. Upon issuance of the: Certificates, the Mayor shall execute the plat on behalf of the City. Section 5. The plat shall be recorded pursuant to procedures as set forth by the City Clerk.. In accordance with LDR Section 2.2A(F)(4)(a), the final plat must be recorded within 18 months of the approval date of the City Commission meeting. If the final ptat is not recorded within 18 months from the approval date, the approval expires. Section 6. The City Clerk, or designee, is directed to seed a certified copy of this Resolution to Jeff Castello at 981 Delray Lakes Drive, Delray Beach, Florida 33444 Section 7. All resolutions or parts of resolutions in conflict herewith shall be kind hereby are repcaled. Section 8. This Resolution shall be effective upon the issuance of the Certificates, PASSED AND ADOPTED in regular session on the i"4"day of Q2024. ATTEST: Katerri Johnson., City lerk (�s` Approved as t Lynn,kj'elin sufficiency: R l;S NO, 19-24 CFN 20240085085 OR BK 34882 PG 1873 Pg: 4 of 9 EXHIBIT A LEGAL DESCRIPTIONS: 130 SE I" Avetme (I'C:N: 1.2-43-46-16-B4-070-1)1311) South one'., Half of Lot 1) and Lill of I. of 14. Amended Plat of Sundy and Cromer`s Stiladivision of Block 70, Dclr=ay Beach, Florida, according to tlic trap or plat: the.rcof as recorded Plat Book 6, Page(s) 17, of the PLi-blic Records of Palm Beach County, [~lorid.a. 134 SE 1.1' Avenue (PC.N: 1.2-43-46-16-B4-070-01.50) Lots 15 and 16, Amended Plat oI' Sundy and C:romer's Subdivision. of Block. 710. Original ToNrN n of Linton (tiow Delray), according to the plat thereof as recorded in Plat Book 6. 11 age 17, Public Records of Palm 1_icach County, l lorida. 1.48 SE I"' Avenue (PCN: 12-43-46-16-B4-070-0170) Lot 17 amended Plat o1' Suncly & Crcirtc:rs Subdivision cif' Block 70. Original Tonvn of Linton, (.Now Dc:lrav), according to the plat therc of. as recorded in I'lat Hook 0. rage 17 Public Records of Palm Beach County, Florida. lei SF 2`1 Street (PCN: 12-43-46-16-B4-070-0180) Lots 18 and M Anictided Plat Of SUndy & C:remers Subdivision of Block 70, OriginalTown of Linton. (Now Delray), a subdivision according to the plat thereof'recorded at flat Book, 6. PJgz: 17. in the Pubtic Record,,, of Palm Beach Couray. Florida. CFN 20240085085 z� R BIK4 82 8 .14 5 O m ; a�e i �aYa�a.,�m.Yw N«at nx,00)wm 110, � AY112#71Y 5�171�VLRY :Q, 17Y�IL �-Wag./m1�AY�lOYi A,ymAYS9Q1Ar11:K J.1Wl AYAI is pMM M1Y1mYi a� AY AFM r' 1W.0 IiI.M� .Yll.l y �r i 1WII l.lM 9m � a p - M. r. .r xMam \\ g s r k 9 I I3 A V 4I �• � i. I I R& I R I R S I s �a • ��$IS _ WI ow � rel III M I ��� u�� I i9 � 3 �• � I. � w. r. (A 34M.9 Maas IV,$ a &HAWD aw AWE 40 IVW WOW iM ='e CFN 20240085085 OR BK 34882 PG 1875 Pg: 6 of 9 EXHIBIT B TIME SOUTH HALF (S. V2.) OF LOT 13 AND ALL OF LOTS 14 THROUGH 19, INCLUSIVE, BLOCK 70 AMFNDF❑ PLAT OF SUNDY AND CROME.R'S SUBDIVISION OF BLOCK. 70 ORIGINAL'FOWN Ol= LINTON (NOW Di-il-RAY). PLAT BOOK 6, PA(JL,' 17 (P.R.P.B.('O.), BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGL' 4:3 EAST, CITY OF DE-1-RAY BEACH, PALM BEACH COUNTY, FLORIDA CFN 20240085085 UJK 6 Pg: 7 of 9 NO I d I I � I i I I I eU I lie _ I IR i, I Rig I �$ $ H I I C ,uj I v � I DIN I � Q j I� HO ss �n yy 9� l5 !I i e o 4i a SeI�;<� y� I ° o < �y4 14 e log -Q MIS I ?Ra IV I J 8$ I i i i i Nit, Jim k i "lilt _� g , [a 14 1-� � �a � �'� I� a eY� f;l "I ip @@Fj gwieff h lip" 1h 11 y I � i I � i I � i I � i I � i I � CFN 2024008508! O.OM N SOW 7Y )GW ,VW AW W IV S3A771iYt�Y.Q, LDvw sOW m x®AYW H70WAW®AYscuv VK 15K 3 Pg: 8 of 9 9 A MYWWA (ACAsw ao �cmlYW 'Mai Keaa xnnv t logy »e as wm.noa uwu AMII � JIRI pVl 'Ma/OY i- 1�Y1/1 a�uf�am ArWAw �A/OMA3IN murua Y. 1�Y2I1 (a 3Nd g H7091YWi NgsY10aB slD1WD aW AOJ6 lYH mtN�PY ia[ Ya0 6 pil Jill IRM11,111:11 gal !11 CFN 20240085085 OR BK 34882 PG 1878 Pg: 9 of%elray Beach Florida CITY OF DELRAY BEACH OFFICE OF THE CITY CLERK f 100 N.W. 1ST AVENUE # DELRAY BEACH # FLORIDA 33444 * (561) 243-7050 I 199.1•2001•201 CERTIFICATION I, Alexis Givings, Deputy City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution. No. 19-24, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 5th day of March 2024. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 6(h day of March 2024. Alexis Givin s Deputy City Clerk City of Delray Beach, Florida LP VACL LP1 011 1J N CL. N! I L.GPt f . L_SF N 113LL i`J,40 \ I I .'f_ • L:_._.''.'.._ F.t.