Res. No. 165-24 (Recorded)CFN 20240298676
OR BK 35235 PG 1100
RECORDED 8/28/2024 9:15 AM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 1100 - 1102; (3pgs)
RESOLUTION NO. 165-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING A REQUEST -1-0 U-1-11-IZE
THE MASONRY MODERN ARCHITECTURAL STYLE FOR THE
PROPERTIES LOCATED AT 142 AND 152 SE 5TH AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Fifth Avenue Delray, LLC ("Owner"), is the owner of two abutting parcels of land
measuring approximately 0,3502 acres located at 142 and 152 SE 5th Avenue, as more particularly
described Exhibit "A" (the "Property").- and
WHEREAS, the Property is zoned Central Business District (CBD)-. and
WHEREAS., the adopted "Delray Beach Central Business District Architectural Design
Guidelines," as amended, identifies architectural styles as appropriate for downtown Delray Beach, based
on historical precedent, climate, and building scale-, and
WHEREAS, the City of Delray Beach, Florida ("City") received a Level 2 Site plan Modification
application from the Owner seeking to utilize the Masonry Modern architectural style (the "ProJ ect")., and
WHEREAS,, Section 4.4,13(F)(3)(c) of the Land Development Regulations of the City of Delray
Beach ("LDR) states, for properties zoned CBD., the use of Masonry Modern or Art Deco architectural
styles requires City Commission approval finding the proposed building design implements the selected
style; and
WHEREAS. onJuly 24, 2024, the Site Plan Review and Appearance Board voted 6 to 0 to
recommend approval of the request to the City Commission: and
WHEREAS. on August 19, 2024, the City Commission considered the request to use Masonry
Modern architectural style as well as the respective findings as set forth in the Land Development
Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1-HE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission makes positive findings that the request Implements the
Masonry Modern style as defined by the Delray Beach Central Business District Architectural Design
Guidelines.
CFN 20240298676
OR BK 35235 PG 1101
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Section I The City Commission approves the use of the Masonry Modern architectural style for
the building design of the Project.
Section 4. All resolutions or parts of resolutions in conflict herewith shall be and hereby are
repealed.
Section 5. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the L day of ��. 2024.
z
)t"0-4�
Katerri Johnso , City Clerk
Approved as fore and legal sufrlciency;
Lynn C i� ty Attorney
e-�
Thomas F', Carney. Jr., Mayor
R], S. NO. 165-24
CFN 20240298676
OR BK 35235 PG 1102
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EXHIBIT "A„
LEGAL DESCRIP'FlON
LOT 15, LESS THE EAST 10 FEET THEREOF, BLOCK 102, OF TOWN OF DEL RAY (FORMERLY
KNOWN AS MAP 01:� THE TOWN OF LINTON, FLORIDA), ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF TILE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA., IN PLAT BOOK 1, PAGE 3,
AND
Lar 16, LESS THE EAST 10 FEETTHEREOF, BLOCK 102. OF TOWN OF DELRAY (FORMERLY
KNOWN AS MAI' OF TUIE TOWN OF LINTON, FLORIDA), ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF T14E CIRCUIT COURT IN AND FOR
PALM BEACH COUINTY, FLORIDA. IN PLAT BOOK I, PAGE 3
3
RES, NO. 16-5-24