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Ord 58-05 11~1~"~m.n.U~I~D.u~ml.~ CFN 200150624=127 OR BK 19346 PG 1816 RECORDED 10/04/2005 09:53:03 Palm B~ach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 1816 - 1820; 15pgs) ORDINANCE NO. 58-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Watkins Motor Lines Inc, is the fee simple owners of the parcel of land located on the west side of Military Trail, 450 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of CH-8 (Commercial High with an underlying High Residential, 8 units per acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Northerly 384.48 feet of the northeast quarter (NE %) of the northeast quarter (NE '/4) of the northeast quarter (NE 1/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, Less east 60 feet of road right-of-way and North 56 feet canal right-of-way, containing 4.72 acres more or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 58-05 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. ~ PASSED AND ADOPTED in regular session on second and final reading on this the _ day of <:....~ 4--.1) , 20~. ~R l ;!~ ATTEST ~~~<- S). ~~'f') City Clerk First Readinr: ~ \0 \ 1J.5 Second Reading ~\ V \ 'b5 3 ORD NO. 58-05 V I 1 I ~II I 0 FERNOALE w DRIVE 1 11 I ~II I NESTING WA Y ! EJ CANAL L-32 ~ ';! I I I "'I---- \ ------- I I I --1 o '" on N.W. 6TH <{ 1 /$ '" > 0-: "'I--- I-- V Z N W 5TH CT ~ iN0~B~ , .~r ~ f~;r-~ >- :lj~ 0-: ~ 12 ~ ~ I ~"1-" ~ r-------- ~~~ <( I-- r- --1 "~ ~ N. "14. 3RO 2 r--- V.w. 3RO CT + + + + + VJj.L'E'.(?b+ VI I I .1 111 I I CONKUN J R ' Ii. 0 A' I t II I . i, o~\lt" 1 III IT III ".' ,II!! N. W. 3RO ST. " " '. ii. ..; > ~ ~~ -~ z ==:5 -i!! ~~ l--- ~ '----- ~ t ~ III lilT II 11111 d ~ " " " H--.-i:-.-l' ,!:.ii~ E.XTRA CLOSET STORAGE; " ~'- u ~ "'< " " " ~ I~~ ~{ ~gl QR\\Jt. :r: I-- => o (f)'~-~ POST OFFICE ROSE.AIRE RETRE.A T LAkE :~ _" I , " :~_,.ll BOYS FARMERS MARKET ~\I r--- r--- ~ '" --' 1/ /;r- /', ;? Jf '" 0' if <? SHOPPE.S OF DE.LRA Y - o f---~- r--- - f---w- - f---':'1- - w.p REf: LM8S.J N k:I VAlERO GAS STATION fl.UM fR()t..t. Q-l~6 (COMMERQAL HIGH WllH AN UNDERLYING HIGH RESIDENTIAL) TO OTY GC (GENERAL COUMEROAl) Cl TY OF DELRA Y BEACH. FL PLANNING &: ZONING DEPARHAENT REZQNING- FROM CG/'SE (COMMERCIAL GENERAl SPEOAl EXEPllON) TO GC (GENERAL COMMEROAL) EJ WATKINS MOTORE liNES ANO PUBLIC SELF STORAGE FAC1UTY FlUM FROM: CH-8 (COMMEROAl HIGH WITH AN UNDERLYING HIGH RESIO(NilAl) TO CITY TRN (TRANSlTlONAL) REZONING, fROtJ CGlSE (COMMERCIAl GENERAL SPECIAL EXCEPTION) TO SAD (SP€CIAl ACTIVITIES DISTRtCT) -- DIGITAL BASE MAP SYSTEM -- [ITY DF DELAAY BEA[H DElRA Y BEACH F , " , , " A tI1td AII.America City ~, II I! 1993 2001 CITY CLERK 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 561/243-7000 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 58-05, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of September 2005. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of September, 2005. ~.~\\..~. ~\k~ Chevelle D. Nubin City Clerk City of Delray Beach, Florida (SEAL) @ Pn,,!oo on l101~~c!,,'' i'i'i't3r THE EFFORT ALWAYS MATTERS (' /"\ ORDINANCE NO. 58-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Watkins Motor Lines Inc, is the fee simple owners of the parcel of land located on the west side of Military Trail, 450 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of CH-8 (Commercial High with an underlying High ResIdential, 8 units per acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 18,2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and (' /,,\ WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and ! WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Northerly 384.48 feet of the northeast quarter (NE %) of the northeast quarter (NE %) of the northeast quarter (NE %) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, Less east 60 feet of road right-of-way and North 56 feet canal right-of-way, contaimng 4.72 acres more or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 58-05 (' /'1 l Section 7. That should any section or provision of this ordinance or any portion thereof, I any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. ~ PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ~1.ß ,20.Q5,.. ATTEST !JæR l ~ ~_~Å 1). ~~1.~ City Clerk First Reading ~ \ \...t \ \J 5 , Second Reading ~\V \ <M - - I I I 3 ORD NO. 58-05 / I ~I j ~ I-~ I I I I I I t I g FERNOALE w DRIVE --.J '-- - \, I ~ II i I I § « D ~: N W 6TH / N EST ¡ N G W/A Y ~I~~N.W 5THCT4;~\ (jt~ , I~"/ r', '§ : ,- ~ ' h' '0 -Ll ~ NW } I . > !'~ I ~If-: --,,~ I sr.1 >-I~ I I 0::::- <= II CANAL L-32 « I ~I~ I I fiE"-r- --.J: ~ ~. 3RO DR 2:Ff1 I U W. 3RD CT ~ ++++ I %-0 + tt4L"1:.{.?b+ ~-ì/ ,,- ' .!:I~ ! \~ I I I I ... r 1,,_,__,_,_,_1,., ::c - ~f-- CONKLIN D~\7t"- - - - - '. ,i L, i._, J ,_ _ J _L 1 . L . N W. 3RD ST /4 I~: -liT R Î;E ö A' :'~L~"il ¡I ,- '- '. ,_'i. \ _0 ¡.;;~ III I I I I Ii III d EX'::of.'ifET : ,,- -',-, _,,",U1I , A E 0 IR. Lt;;."_,, ,-"-,, , I ,I " '---- 1'_-1.".11..; II_II [ J II .¡ 11_11_ 1_11.11_1'.'J. Ii,: '- ~ItIQ}'¡þ :r:: 0/",)'" I-- · POST ROSEAIRE Q~\~ ~ OFFICE- RETREA T ~~K£ :::J " v-----& ~ \ I I BOYS ~ "."-".11."."-'.".' .....,...,. ,."., Iii ~ .. '-'-"- .....,..'. ,,- -' FARMERS - ."" ð..---!~ \\ MARKET r-- - - i "" 3> /~. Y ).À c- 0 - - //1 · I~ c--~- - . V) C-- - ~~ . ~ SHOPPES ~ ~ OF r--- - - CJ II / ¡ DELRAY c--~-- MAP REF' LM853 [::J VAlERO GAS STATION N fUN fROM 0i-8 (COMMERCIAL HIGH 'MlH AN UNOERL YlNG HIGH RESIDENTIAL) TO CITY GC (GENERAl COMMERCIAL) - REZONING' fROM CGlSE (COMMERCIAL GENERAL SPECIAL EXEpnON) TO GC (GENERAl COMMERCIAl) CITY OF DELRAY BEACH FL ~ WATK1NS MOTORE LINES AND PUBLIC SELF STORAGE FACILITY PLANNING ole ZONING DEPARTMENT FlUM FROM' CH-8 (COMMERCIAL HIGH WHH AN UNDERLYING HIGH RESIDENI1Al) TO CITY TRN (TRANSITIONAl) _ _ olCITAL BASE WlP SYSTEM _ ~ REZONING. FROIJ CGlSE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO SAD (SPECiAl ACTIVITIES DISTRICT) [IT' OF DELIR' IER[H DELRAY BEACH , LOR I)" tKftd CITY CLERK 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444·5611243-7000 AII·America City , III I! 1993 2001 September 8, 2005 NOTIFICATION OF ANNEXATION Please find a copy of Ordinance No. 58-05 annexing property to the City of Delray Beach, which was passed and adopted on second and final reading by the City Commission in regular session on September 6, 2005. Ordinance 58- 05 will be recorded with the Palm Beach County Clerk of the Court. This infonnation is being provided in accordance with Section 166.231 of the Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of Delray Beach. If you have any questions, please do not hesitate to contact the City Clerk's office at (561) 243-7059. Sincerely, ~~.~ Chevelle D. Nubin City Clerk Attachments: Ordinance No. 58-05 Annexation Brief @ Prmt9d on Recycl9d Papar THE EFFORT ALWAYS MATTERS [I" OF DELRR' IER[H DELRA Y BEACH I LOll I 11 A. tKftd CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 5611243-7000 AII·AmericaCity , III I! 1993 2001 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 58-05, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of September 2005. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of September, 2005. ~SJ.~~ Chevelle D. Nubin City Clerk City of Delray Beach, Florida (SEAL) @ Prmt9d on Recycl9d Papa, THE EFFORT ALWAYS MATTERS , , ORDINANCE NO. 58-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Watkins Motor Lines Inc, is the fee simple owners of the parcel of land located on the west side of 1-filitary Trail, 450 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM) designation of CH-8 (Commercial High with an underlying High Residential, 8 units per acre); and I WHEREAS, the City's FLUM designations as initially contained on the City's Future Land i Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and I WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and " -" WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, , Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: i Northerly 384.48 feet of the northeast quarter (NE %) of the northeast quarter (NE %) of the northeast quarter (NE 1/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, Less east 60 feet of road right-of-way and North 56 feet canal right-of-way, containing 4.72 acres more or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the Üty of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immurutIes, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, incluchng the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ()Rl) ~(). 58-05 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than I the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. ~ PASSED AND ADOPTED in regular session on second and final reading on this the _day of ~.I.D ,20~. ATTEST 8æRl ~ ~~Á S). N~.I.f'-} City Clerk First Reading ~ \ ~ \ \)5 " Second Reading ~\V\~ - - 3 ORD NO. 58-05 -;/ I ~I I ~ f--~ I I I I I I I '0 FERNOAlE w DRIVE ~ '--- I-- \ I I ~ II 00 . I I ~ « i ~ ~ > N. >L I 61» ) N EST I N G W,A Y ~ /~ N.w. 5THCT~- !:fl~ i ,7 , ~ i ,-, a ~ ~ ~ ~i: I I CANAL L -32 « I :: ~ I {þ= ........r- . i L------LE '#l 3RO DR. ¿=FIT O W_ 3RD CT , ++++ %~ + 174L~fb+ ill " I ,.... ,~,-~- l!iií w r I I I i..-. . -, -, -. II' ~ - ~I-- CONKLIN D~\7t"" .'...--. ". ,;; L, . J_, '. . L. ,._ J..,~ N W. 3RD 51 /4; E :" III R I r'jÖ Ä' ~r t "-,' '," "-'- .-"- \ c--- 0 ~: III I I II I I D,G EXTRA CLOSET . L- 3i ~ STORAGE; : .._.1_.. U. A EO. lRCI£.. .. . .. .. . I I·.. ~ I '_'._II_Ii II II , II 11_11_11_11.'1_11_1'_' -'J' Hili '-- ~!-fIQIi, I ><'01",)" - POST _ ROSEAIRE Q~\\I£. OFFICE RETREA T ) ~ LAkE ::J ~g ~ \ BOYS ~/ II -.1-11_. ,- 'I-I, -...-.. --'1.·_....-, -:; -,'. .', I'" ð r- . - - '-"-"-"~I"" \~- ,_.,-,' ~::::i = f-J-~ I "'- S; / // _ r- I- VJI '/ Ji _~r- I- .j" II f/¡lF SHOPPES - f- ~ Ú"{" !; OF -wr- l- I ,? DELRA Y _ ~r- Jc- MAP REF LM853 k::I VALERO GAS STATION N fllJM fRau' 01-6 (CauMEROAl HIGH \IoIlH AN UNDERlYING HIGH RESIOCNTlAl) TO CITY GC (GENERAL COMIIEROAl) - REZONING- fRau CG/S[ (COMIIEROAl GENERAL SPECIAL EX£PnON) m GC (GENERAl COMMERCIAL) CITY OF DELRA Y BEACH. FL ~ WATKINS IIOTORE LINES AND PUBLIC SELF STORAGE FACIUTY PLANNING de ZONING DEPARTMENT FlUII FROM- 01-6 (COMMERCIAL HIGH Win; AN UNOERl'f1NG HIGH RESIOENTJAl) TO CITY TRN {TRANSITIONAl} __ DIGITAL BASE MAP SYSTEM __ REZONING. fRQ6.I CG/S[ (COMMERCIAL GENERAl SPECIAl EXCEPTION) TO SAO (SPECiAl ACTIVlT1£S DISTRICT) ANNEXATION BRIEF FOR THE WATKINS MOTOR LINES INC. AND TRUCK TERMINAL PROPERTY Property Control Number: 00-42-46-14-00-000-1010 Acreaae: 4.72 Acres. Number of Buildinç¡s On-site: 2 Taxable Value: $1,304,531.00 Proiected Population Increase: 0 Owner's Address: Watkins Motor Lines Inc., P.O. Box 1738, Atlanta Georgia 30301-1738. Property Address: West side of Military Trail just 1,400' feet south of Lake Ida Road. County Land Use Desiç¡nation: CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). Proposed City Land Use Desiç¡nation: TRN (Transitional). Proposed City Zoninç¡ Desiç¡nation: SAD (Special Activities District). Current Use of Property: The subject property consists of a 4.72 acres parcel which is currently being used as a truck terminal for Watkins Motor Lines Inc. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtJ/i·1 SUBJECT: AGENDA ITEM # \~t. - REGULAR MEETING OF SEPTEMBER 6, 2005 ORDINANCE NO. 58-05 (ANNEXATION - WATKINS MOTOR LINES) DATE: SEPTEMBER 2, 2005 This Ordinance is before Commission for second reading and public hearing for a voluntary annexation via water service agreement for a 4.72 acre parcel of land which contains Watkins Motor Lines Truck Tenninal, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. The property, located in unincorporated Palm Beach County, is zoned CG/SE (Commercial General/ Special Exception). The property is located within the City's Planning Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. The Watkins Truck Tenninal known as Watkins Motor Lines was legally established by Resolution No. 71-299, approved on August 19, 1971 by the Board of County Commissioners, which modifies the zoning from A- 1 (Agricultural District) to C-2 (General Commercial District) to allow a truck tenninal facility. The property is currendy receiving water service from the City and is contiguous to the City limits to the east. The water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause. The application of City Land Use and Zoning designations is being processed separately and included in Comprehensive Plan Amendment 2005-2 which was considered by City Commission on August 2, 2005. On July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission that the request be approved. Recommend approval based upon the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and based upon positive findings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezontng Findings); and that the property is contiguous, reasonably compact, and does not create an enclave; and services will be provided to the property in a manner similar to other similar properties within the City. At the first reading on August 16, 2005, the City Commission passed Ordinance No. 58-05. Recommend approval of Ordinance No. 58-05 second and final reading. S:\Clty Clerk\agenda memos\Ord 5S-05 Watktns Motor Lanes AnnexatIOn 090605 ---- ~ èlTY CÔ'MMIS$IONDåCUMENTA TION" I~ TO: DA~ T. HA DE CITY MANAGER THRU: PA ~LlNG, DI TOR OF PLANN] DING FROM: ESTELlO BRETO, SENIOR PLANNER ~ SUBJECT: MEETING OF AUGUST 16,2005 ANNEXATION FOR A PARCEL WHICH CONTAINS WATKINS MOTOR LINES TRUCK TERMINAL. THE PARCEL IS A 4.72 ACRES SITE LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 1.400 FEET SOUTH OF LAKE IDA ROAD. ~ BACKGROUND I The 4.72 acres site which contains the Watkins Truck Terminal and is located in unincorporated Palm Beach County and is zoned CG/SE (Commercial General/Special Exception). The property is located within the City's Planning Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. The Watkins Truck Terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility. The property is currently receiving water service from the City and is contiguous to the City limits to the east. This water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause. The application of City Land Use and Zoning designations are being processed separately and are included in Comprehensive Plan Amendment 2005-2 which was considered by City Commission at their August 2, 2005 meeting. r PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with this request. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the request be approved. The request was approved based upon positive findings with respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City. r RECOMMENDED ACTION ~ By motion, approve on first reading the ordinance for Annexation of the Watkins Truck Terminal based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and with Florida Statute 171.044, as the property is contiguous with the City, reasonably compact, does not create an enclave, and services will be provided in a manner which is consistent with services provided to other similar properties already in the City. Attachments· Staff Report prepared for the P & Z meeting of July 18, 2005 Ordinance No. 58-05 \~A PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---ST AFF REPORT --- MEETING DATE: July 15, 2004 AGENDA ITEM: IV.D.2.b. ITEM: Future Land Use Map designation change from County CH-8 (CommerCial High With an Underlymg High Residential, 8 du/ac) to City TRN (Transitional) and rezofllng from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District) for Watkins Truck Terminal and Public Storage Facility; and Future Land Use Map designation change from County CH-8 (Commercial High With an Underlying High Residential. 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC) for Valero Gas Station. The three parcels are contained In a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of lake Ida Road. 1 D A R Q A D PETAL PLAcr GENERAL DATA: Owner/Applicant.. ... .................... City of Delray Beach Agent........ ............................. ..... City of Delray Beach location...................................... West side of Military Trail ¡- approximately 1400' south of lake Ida Road. - Property Size................ ....... ....... 9.13 Acres - Existing County Future land Use CH-8 (Commercial High --... Map Designation ........................ with an Underlying High Residential, 8 du/ac) CANAL L-32 Proposed City Future land Use ¡ Map Designation......................... GC (General Commercial) in part, and TRN (Transitional) in part. Existing County Zoning............... CG/SE (Commercial General Special Exception) Proposed City Zoning................. GC (General Commercial), in part, and SAD (Special Activities District) in part. Adjacent Zoning................North: Palm Beach County Single Family Residential (RS) East Residential Medium Density (RM) and Planned Office Center (POC) South: Palm Beach County Agricultural Residential posr (AR) and City Automotive Commercial (AC) West: Palm Beach County Agricultural - OFFôCE HIGHpOtN T :::) Residential (AR) 0 Existing land Use...................... Truck Terminal, Storage (/) 0'" '?;os Facility, and Gas Station . ~ ~'<> ?-~ ~'\ Proposed land Use.................... Same as existing ~ ~f' ",I' Water Service..... ........................ 12" water main located I along Military Trail. I Sewer Service............................. Sewer service is available , from a lift station at the ---- - north east corner of the site - -- - IV.D.2.b. - . . ~04.~""~"'-'" ............ ":,I.... IT"EMB·"E-·FO--"·RE""·.E"<-B···Q·<~hD".....,., ~.~....\' ". -¡ "..' ..~, ..', .". a_:'._"j..:.':"'~ . _ .." '.~' . .__: _:. In. ~... ;-->..._~ ~. -.'-.':,- - - :-:_;'-~...." The action before the Board is that of making a recommendation to the City Commission on Voluntary Annexation, Future Land Use Map Amendments and Rezoning as follows: o Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of Lake Ida Road. Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. . ~... ..¡. " .'. ·8' "~-~~'R"-J'~'O':r1 . ~"".... M'~ ~..... {to." -~'! .....: ;.1.. ". - =. r\.U If'''1!..1 - . ~~-=. ".'~"'.-. "~;".' ~; ,. .,~ç.... .. 9~. ~p -~~p ........]j ,...:..... The subject property is 9.13 acre site which contains three parcels located on the south side of Canal L-32 and to the north of Conklin Drive and front on Military Trai1. The property is bound to the south by Tire Kingdom and La Sed on a town house development. To the west the property is bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north by High Point of Delray West (Condo Development); and to the east (across Military Trail) by High Point of Delray East (Condo Development) and Pylon Professional Center. The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the property. Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners which granted a special exception to allow an auto service station on the southeast portion of the property. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 2 the Board of County Commissioners which granted a special exception to aI/ow an enclosed storage facility on the southwest portion of the property. The access to these parcels is directly from Military Trail. The property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City has an Advisory land use designation of TRN (Transitional) on the property that allows the establishment of uses which are compatible with adjacent residential use. The applicants are currently receiving water service from the City and are contiguous to the City limits to the east. This water was provided pursuant to a water service agreement which contains an annexation clause. The execution of that agreement was a consent to voluntary annexation under Florida Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the City Commission deems it to be in the best interests to the City to annex the property. The Future land Use amendment and rezoning of the subject property will part, of Comprehensive Plan Amendment 2005-2 September 2005 to be adopted in September 2005. ,; ,~~~·~F.iJ:ñJif'È!FÄND"-Üm::ÑljVJ"!"'.(ME~1fMÊ'N:P'ÃÑÃL-Vši!f~~~ ~"'.:."~. '~'~ii~~~~;:iN: ~~ ·~.t,¡:.·"":¡I.' .."'\0. -........- ...~. . _. . ~ ... ..,.._ .. r ....... ..... .....i1'I . Current Land Use Designation: The current land use map designation for the property is County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City Advisory designation is TRN (Transitional). Reauested Land Use Desianation: The requested Future land Use Designation is to City TRN (Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC (General Commercial) for Valero Gas Station. Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipalityn. The proposed GC land use designation for the Gas Station is not consistent with the advisory designation of Transitional. However, given the long standing use it would appear inappropriate to apply a designation which would make the existing use non-çonforming. In the case of the other two uses they are currently allowed in industrial districts. Whilè the proposed zoning will allow the uses to continue, the long term redevelopment of the sites to a use more consistent with the transitional land use and compatible with adjacent residential areas is desired. Land Development Reaulations Governing Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owners consented to voluntary annexation via execution of the water service agreement. It is noted that all the parcels are subject to the voluntary annexation. The original agreement was signed by Watkins Truck facility and parcels were later sold off for development as the Self Storage and Gas Station facility. However, as the agreement runs with the land all these parcels are now subject to annexation. --- Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 3 Land Use Analysis: Consistency Between the City and County Land Use Designations: The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional). The existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an Undertying High Residential, 8 du/ac). The City's TRN Land Use Designation is consistent with the County's residential component of the CH-8 designation in that residential developments with a density between five and twelve units per acre are allowed. However, the Transitional land use designation does not allow commercial development other than that of a neighborhood scale. Given the development of adjacent properties with predominantly residential uses it would appear more appropriate to limit redevelopment to those allowed in City zoning districts consistent with a Transitional land use designation (office, medium density residential, or neighborhood residential commercial) rather than heavy commercial uses. Adiacent Land Use Map Desianations. Zoning Designations and land Uses: . The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Palm Beach County Single Family High Point of Delray West (Condo Residential (RS) Development) Palm Beach County Agricultural Rockland Park Single Family South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and Commercial (AC) Tire Kinqdom Residential Medium Density (RM) and High Point of Delray East (Condo East: Planned Office Center (PaC) Development) and Pylon Professional Center West: Palm Beach County Agricultural Rockland Park Single Family Residential (AR) Subdivision (Along Conklin Drive) North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single Family). The property is developed and contains multiple family structures. South: To the south, across Conklin Drive, has a Palm Beach County land use designation of LR-3 (Low Residential 3 - du/ac) and a City Land Use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General Special Exception (CG/SE) and is vacant land. West: The abutting property to the west has a Palm Beach County land use designation of Low Residential 3 - du/ac (LR-3) with a City land use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family home and horse farm located on a five acre parcel. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 4 East: East of the property (across Military Trail) has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and'is zoned RM (Residential Medium Density). The property to the east is known as High Point of Delray East Condo development. Staff is recommending that although the adjacent development pattern to the west and to the north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR (Agricultural Residential) a land use change to General Commercial and rezoning of GC (General Commercial) for the southeast portion of the property, and a land use change to Transitional (TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be supported. This rezoning witt maintain consistency with the development pattern to the south and will avoid creating non-conforming structures of these previously legally established uses. The Transitional land use and SAD zoning will allow flexibility in future development but will not promote further industrial development upon redevelopment as currently exists on the site. Allowable land Uses: Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed as a conditional use [Ref: LOR Section 4.4.9(0)(9»). Within the SAD (Special Activities District) zoning designation all uses which are allowed are established at the time of establishment of the SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approved (via ordinance) by the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities will become permitted uses with the adoption of the SAD zoning for this site. REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to lDR Section 3.1.1, prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. o Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed General Commercial (GC) zoning district is consistent with the proposed General Commercial (GC) FLUM designation. Under the proposed GC (General Commercial) zoning district gasoline stations are allowed as conditional use to the GC District. The SAD zoning is deemed consistent with any land use designation on the Future Land Use Map and has been established to allow for projects which are not otherwise classified in other zone districts. With the adoption of the SAD (Special Activities District) zoning designation the Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 5 public self storage facility and truck terminal will become permitted uses at that site. This will allow the current uses to remain conforming yet not encourage future industrial redevelopment. Based on the above, positive findings can be made with respect to FLUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from CH-8 to GC for the southeast portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains three parcels. The proposed FLUM Amendment will accommodate existing uses. While impacts will not increase they will shift from County providers to City providers. It is noted the City has provided the site with water service for many years and will continue to do so upon annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed below: Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing 49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year (49,423 sq.ft x 5.2.12,000 Ibs. = 256,999 Ibs or 128.50 tons). The existing 17,980 square feet of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x 9.2.12,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is 225 tons. This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Sewer: Sewer service is available from a lift station at the northeast corner of the site. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. , o Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below. and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Planning and Zoning Board Staff Report: Meeting of 07118105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 6 The proposal involves annexation of unincorporated property which requires changing the FLUM designation from County to City. The current County FLUM designation is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's designation is GC (General Commercial) for the southeast portion of the property, which provides basic regulations for small parcels that are best suited for general retail use but which are not of sufficient size to be designed in a planned sense. The proposed City's land use designation for the balance of the property is TRN (Transitional). The City's FLUM designation being applied is also the City Advisory designation of TRN. As the designations are either the adopted City Advisory designations (TRN) or are of similar intensity and more appropriate given existing approved development (General Commercial), the data and needs analysis are met. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject property at the time it was established did not have any unique environmental characteristics that would have prohibited development of the site or require mitigation measures. The property was developed in a manner that was complimentary to the adjacent use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to the adjacent residential areas with the provision of a buffer along the west, and south portion of the site. It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach County made the following finding of fact with regards to the gasoline station: 1. The proposal would be in harmony and compatible with the present and future development of the area concerned. It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach County allowed an enclosed storage facility on the property subject to the following conditions: 1. The Property Owner shall convey for the ulümate right-ot-way ot Military Trail, 60' feet from centerline approximately an additional 10 feet within 90 days of adoption of the resolution by the Board ot County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first building permit; 2. The developer shall be permitted only one access onto Military Trail within the existing 20 foot ingress/egress easement. 3. Prior to certification by the Site Plan Review Committee, the site plan shall be modified to reflect: . Placement of a required 6' masonry wall along the western and southern property lines so that tree planting may be included between the wall and property line (external to the enclosing wall). Adequate space shall be allowed to permit maintenance of the plantings; Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 7 . Canopy trees 8' - 12" in height planted 20' on center average, along the southern and western boundaries of the site, placed between the required masonry wall and the property lines; . Canopy trees 10' - 12' in height, planted 30' on center average, along the site's frontage on Military Trail. It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the Truck Terminal facility on the property. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the GC (general Commercial) land use designation will be compatible with adjacent development pattern to the south of the subject property which has a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low density residential properties to the south (Conklin Drive), and to the north and west (High Point of Delray West Condo) is of some concern. With existing commercial developments of this kind, the City requires that trees must be installed every 25' along the south and west property line abutting single family residences. With future modifications to the site these regulations will be applied. This along with other LOR requirements will assure compatibifity with surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. At this time no issues have been identified which would indicate non-compliance with the requirements of the GC and SAD zoning district. Buffering particularly with respect to the adjacent single family areas to the south and west as required by the approved County sites plans and must be maintained. Florida Statues Governina Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality . . The property is contiguous with the City and reasonably compact. These three parcels do not meet the definition of an enclave nor would its annexation create one. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 8 land Development Reaulations Governina Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The original property owner for all three parcels has consented to voluntary annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated annexation area: The territory to be annexed is located within the designated annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue. Annexation of the subject territory is consistent with the Future land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: Future land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time is significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Emerc¡encv Services: The municipal area is served by Fire Station NO.4 (Barwick Road and lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and lake Ida Road). Water and Sewer: City services regarding water and sewer have previously been discussed under Future land Use Analysis section of this report. Streets: The subject property has direct access to Military Trail which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property change as both side of the street will be within the City limits. However, associated road maintenance will not change upon annexation. Planning and Zoning Board Staff Report: Meeting of 07118105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 9 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: 424614000001010 $1,304,531.00 $25,445.00 $1,674.00 27,119.00 19.50509 23.7254 $30,950.52 $5,505.52 424614000001140 $2,000,000.00 $39,010.00 $2,594.00 41,604.00 19.50500 23.7254 $47,450.80 $8,440.80 424614000001150 $490,000.00 $9,558.00 $469.00 10,027.00 19.50612 23.7254 $11,625.44 $2,067.44 TOTAL $3,794,531.00 $74,013.00 $4,737.00 $78,750.00 19.50518 23.7254 $90,026.76 $16,013.76 For the 2005 tax year the subject property (three parcels) had a combined assessed value of $3,794,531. With the change from County to City jurisdiction, the following taxes and rates will be affected: : __':'~'d)li "-,-_ '- . . , , ", , , ~j¡.~~jdQ.30~~"'-~~~~~,",~~~-*,_~:'_~';;~'~-¿h"-' ~ >- - ~ - - ~~-~ ~ ~~~ ~ _: - -~~,~~-~~~ ~ ~~,~~~~~~ Fire/Rescue MSTU 12,138.70 3.198999 DELETE 0.00 0.00 Palm Beach County lib. 2,050.19 0.540301 DELETE 0.00 0.00 Palm Beach Co.lib.Debt 153.30 0.040400 DELETE 0.00 0.00 Florida Inland Navegation 146.09 0.038500 146.09 0.038500 Health Care District 4,173.98 1.099999 4,173.98 1.099999 Children Service Council 2,618.99 0.690201 2,618.99 0.690201 Palm Beach County 17,075.39 4.500000 17,075.39 4.500000 Palm Beach County Debt 1,015.79 0.267698 1,015.79 0.267698 Public Schools Debt Serv. 1,039.70 0.274000 1,039.70 0.274000 Public Schools Loc.Board 9,835.42 2.591999 9,835.42 2.591999 Public Schools State Law 21,120.36 5.566000 21,120.36 5.566000 SFWMD District 2,265.34 0.597001 2,265.34 0.597001 SFWMD Everglades Const. 379.45 0.099999 379.45 0.099999 City of Delray Beach 7.466100 Added (City) $28,330.35 7.466100 City of Delray Beach Debt 0.533900 Added (Qty) $2,025.90 0.533900 '+d-;G,:,.- '<~; ...~ .'"- SUB-TOTAL $74,013 ~19.505098 Q.¡ffé~iic~~ $90~Q26.76 . 23.725398 * Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398 mills. Therefore the difference is 4.220221 mills. The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes will be $90,026.76, (74,013+ 16013.76=90,026.76); a tax difference of $16,013.76 (3, 794,531x4.220221/1 000=16,013.76). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X $54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $1,474.68. A further increase based upon new Planning and Zoning Board Staff Report: Meeting of 07/18105 Valero Gas Station, Watkins Truck Terminal. Public Storage FacUlty Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 10 impervious surfaces will be realized with future development/redevelopment of the site. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. An additional 25% is also available as drainage is retained on site. Occupational license Fees - The gas station, public storage facility and truck terminal have an occupational license. With the annexation, these facilities must obtain an occupational license from the City, in addition to the County's license. The City license fee is $142. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) .. if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. For non-residential units -the assessment fee for solid waste collection is calculated using the following formula (# sq. ft. of impervious area 68,327*$17.09)/1,000=$1,167.70). Resulting Impacts to Property Owners: , ~ ~~ ~ - -- ~~'I~ '"., ~:, ,: :.~t}~\:"'~f~T~:4:1:;"~¡:",0 -~-, ~~-"-~-<Y;_"~~fiJR:S~ L ._~~~.. ~~ _ _,-~..~'0t....ß :;¿~L.i::.-e:-~~Æ¥.~_~4~s'~~ AD VALOREM TAXES 2005 + $16,013.76 City Mills. County Mills 23.7254 - 19.50518 = 4.2203 NON AD VALOREM TAXES 2005 Stormwater Assessment $1,474.68 Solid Waste Collection $1,167.71 WATER & SEWER UTILITY FEES $0.00 ANNUAl FINANCIAl IMPACT: + $18,656.15 Fire Response + Faster response from an estimated 5.5 minutes (Coun ) to 2,5 minutes (Ci ). Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes Coun to 2.5 minutes (Ci ). Police + Better response based upon more officers in field; 14 patrol! cars per shift daytime, 15 atroll cars durin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with 0 owners. Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661 mills and debt rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 11 AD VALOREM TAXES 2005 City of Delray Beach (7.4661 Mills) $28,330.35 City of Delrav Beach Debt (0.5339 Mills) $2,025.90 SUB-TOTAL $30,356.25 NON-AD VALOREM TAXES Storm Water Utility (# sq.ft. of impervious area/2,502) X $54) $1,474.68 SUB-TOTAL $31,830.93 PARK AND RECREATION IMPACT FEE $500 per dwelling $0.00 TOTAL $31,830.93 ,,-- - ~~ T ~~ ~"'>'=7"~~""-~~mr-=,,^,~-~~~~~~~/-~"""-~~~~~~""""F- . ~-~ '~~---~'T"!-~ , ..-'?d ,~t ~ "i~ >O~'i>~';:"«"'t~T't=o/<;:t);"\1'~Jl~~J~~r;)" ,~'/-~1~;O'-<""""?t\.,~<'9::'{~-"~ ~ ;~.þl~,~j..1:J~~_\~{>'::-'t¡:,P' y <- ,,~ ~__ __ ~__f IT' On'. " . .,' :~ 0< --~~~.' ~'iJIIUII') \~~. ~ ç.,...,¡ , '""",,'~~V!{!".'...J~ ~ .'~"..-"", ~ ~...........-""""""'~ Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LOR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities District) while the current County zoning designation is CG/SE (Commercial General/Special Exception). The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS (Single Family Residential) to the north and a portion of the south; and County AR (Agricultural Residential) and City AC (Automotive Commercial) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Policy 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with Policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntary annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of service. This annexation is consistent with this policy as well as the City Commission policy relating to annexation of contiguous properties if City services are required. This request is also consistent with Future Land Use Policy A-1. 7 which has been previously discussed. REQUIRED FINDINGS: (Chapter 3) Previously discussed under Land Use section of this report Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 12 COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment and Zoning analysis sections of this report. Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The only applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial GC and SAD zoning designations will allow the existing facilities to continue to operate. It is noted, that south of the subject property has a City land Use Designation of CG (Commercial General) and is zoned AC (Automotive Commercial). The property is developed and contains a tire store and automobile repair facility (Tire Kingdom) which is consistent with the type uses of the subject property (Public Self Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is recommending that although the adjacent development pattern to the west, and south of the subject property consists of AR (Agricultural Residential) and RS (residential Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special Activities District) are appropriate. This rezoning will maintain ~nsistency with the development pattem south of the subject property and will avoid creating non- conforming uses that have been in operation since December 11, 1984 (Public Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and September 29,1981 (Valero Gas Station). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 13 (c) That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it· is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designations be applied. The GC (General Commercial) and SAD (Special Activities District) zoning are appropriate as they are consistent with the County CG/SE (Commercial General/Special Exception). The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date no reply has been received. lake Worth Drainage District: On June 29, 2005 lake Worth Drainage District was notified of the City's intent to annex this property. IPARC Notice: On June 28, 2005, notice of the Future land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received. Courtesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Jerry Franciosa, PROD (Progressive Residents of Delray) o Carolyn Zimmerman, Presidents Council o Frances Chassen Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ~,~...." ,~' ,._~ ~~~.~:~-; \:":;n~_;:-~""_-' ..-,'~--: ~- =-- --~~55;: _~ ;L ;;,\:~_ -- ~__ - ~<c T;;¡:~5 ~f~ - ;~~_: ~~~; ~L~~2 -;-~~ :-:', -~ -:1' -- : ~:-_---, ~~-: ~_~~ Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The application of initial zoning designations of GC and SAD are consistent with existing land uses and the existing County zoning (CG/SE) for this property. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 14 The annexation wit! provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a year. Based upon the above, the proposed Annexation, Future land Use Map Amendment and associated Rezoning application should be approved. ,- " -c"·ru'·~Wf.f.·:It>O:-·'i""r~r:···~"~·~·"'-~ "h't1f$jfj' "i!!.:-~C"'¡;~Ñ"~~øill::~Y''', ",;~,~,,_ ~ ~I:..-r,.~ "- :- "':',.' ....!.. ra:-" '''! 'I.:: E . :TI E·AG. S·!~·~':I~."\......~~:.·.._"-:·~.""w:.·~~".......~·~ I} II ..~ ....;¡¡;;, ~!Ji~ "'''õ'''' r. ._.~D..... -.... ,y, .1:_... ...tlii!t....s..,\;'.... ..~; ~;..J,.I:.. .... ""........~'"""~ .m., A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development Regulations. C. Move a recommendation of denial to the City Commission for the voluntary annexation, FlUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development Regulations, subject to the following condition: ~'~':.r~ .. p" ..... ..... "" .~".. .'" .11....1...,... ....... ";#I ".... -...... " .. o. ..~i"r.:¡R.. :ii,;:~~ . . "':"',;.. .:,-.:~'...;;- :- '.:.- :. ,'. RECOMMENDED A'CTION . - - . .... ."" "",, ".. . ...'?oiE~... Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment of: o Parcel 1 - Public Storage Facility: FlUM amendment from County CH-8 (Commercial High . with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). . Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 15 by adopting the findings of fact and law contained in the staff report. and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the land Development Regulations. Attachments: Location Map Staff Report Prepared by Estefio Breto, Senior Planner V / ~ I ÞI ~ J-~I I I I I I I / i I IIÆRNOALE ! OR'~I ~~~:'--~- ~~ NW I 6< NESTING W/AY ~ V~N.W5THC;\ (jt~ . ' 'I ~ ,~ . '-- j a I ,- ~ '0 I' -"-. ~. r- · N . I J1~ 5T I CANAL L -32 « I :¡~L 300 oDc-r- 2nT \ 1Y- I ( ~. W 3RO CT ~ ++++ '--../ ~-ì/ ~~~::~+ 1:1 I \~ I I I · ~ r I" ."-, ' , II -< r- ~I-- CONKLIN D :1\7t"-"- -,- '-' : fTl J 'I I .I. 1 L Wi? N W. 3RD 5T c'b -, ,_, ,I., ,_,,_,,1 _"., ,_ IjJ1 ~rlli R'rOAllïïïi'··'u". \ V _0 : =; III I II I OJ EXTRA CLOSET I == ~ !:::=Y STORAGE, : ,,- _,,_,,_,~u ,A E Q U; "-,, , " " , 'I ,. ~ ,,- ,-"-,,-,, , " " , " " , " ".".,..,'.".' l' d": "- ~J.¡IQ!-fP ~ :r ~ Oll\l¡- ~ I-- POST ROSEAIRE D~\\J£. : OFFICE' RETREA T ~KE ::J I" v-------l ~ · \ I I BOYS ~/ li_¡I_I'_tl_11_li '.._.101'-' '.Ii_... I· ~ t /11 '- -"-,,-,, ,~. ' "-..-, II ~:%;:¡ = r--,..L- I ~:;; 1 // ~ _ r-- - V/f I '/ ,i -~- - ~ 1 ; SHOPPES ~ - - ~ · ~ OF --- {j ~ ¡ DELRAY -~ - ,- MAP REf' LM853 ~ VAlERO GAS STATION N FlUM FROM CH-8 (COMMERCIAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAL) TO CITY GC (GENERAl COMMERCIAl) - REZONING FROM CGlSE (COMMERCIAl GENERAl SPECIAL fXfPTlON) TO GC (GENERAl COMMERCIAL) CITY OF DfLRAY BEACH. Fl ~ WATKINS MOTORE LINES AND PUBLIC SELF STORAGE FACIUTY PLANNING'" ZON1NG DEPARTMENT FlUM FROM, CH-B (COMMERCIAL HIGH WITH AN UNOERLYlNG HIGH RESIOENI1AL) TO CITY TRN (TRANSITIONAl) __ DIGITAL BASE MAP SYSTEM __ REZONING. FROM CGlSE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO SAD (SPECiAl ACTIVITIES DISTRICT) ORDINANCE NO. 58-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SA VING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Watkins Motor Lines Inc, is the fee simple owners of the parcel of land located on the west side of Military Trail, 450 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18,1979, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits ofthe City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of CH-8 (Commercial High with an underlying High Residential, 8 units per acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Northerly 384.48 feet of the northeast quarter (NE 1f4) of the northeast quarter (NE 1f4) of the northeast quarter (NE 1f4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, Less east 60 feet of road right-of-way and North 56 feet canal right-of-way, containing 4.72 acres more or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 58-05 Section 7. That should any section or provision of this ordinance or any portion thereof, any - paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,20_. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 58-05 -~-- c...c. I CtVL()/~ CnY OF DELRAY BEACH NOTICE OF ANNEXATION ORDINANCE NO. 58-OS The City CommIssion will conduct a Publ,c Hearing on TUESDAY. SEPTEMBER 6. 2005. AT 7:00 P.M. in the CommissIon Chambers at City Hall, 100 N.W 1 st Avenue, Delroy Beach, Florldo (or at ony conhnuahon of such meehng wh,ch IS set by the CIty CommissIon) regarding a voluntary onnexaloon for 0 4 72 acre parcel of land wh,ch contains Walkins Motor lines Truck Terminal, located on the west side of Military TrOll. approxImately 1,400 feet south of Lake Ida Rood The proposed ordinance IS as follows' ORDINANCE NO. 58-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, flORIDA. ANNEXING TO THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATEO-QN THE WEST SIDE OF MIlITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNIC- IPAL LIMITS, REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND, PRO- ~ VI DING fOR THE RIGHTS AND OBLIGATIONS OF SAID LAND, PROVIDING A GENERAL I:) REPEALER CLAUSE, A SAVING CLAUSE, AND AN -EFFECTIVE DATE m A MAP (not to scole) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE g '" ANNEXED IS SHOWN BELOW A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVI· :D '" SION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE g NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HAll, 100 N W '" Õ 1 ST AVENUE, DELRAY BEACH, FLORIDA !!!. ~ a> <II I» ,,", , =r \~ ~ ::r c ¡¡¡ 0- ~ :r- eo '" c ~ '" ¥' '" 0 0 '" . i c- o '"' I» '" <II :IE en n 0 3 I ." _'.. MlJNIC(PAL CfIY IJMlTS ., I - ". All interested cilozens ore ,"Vtted to attend the publIc hearing and comment upon the proposed ordinance or submit their comments In writing on or before the dote of th,S hearing to the Planning and Zoning Deportment For further Informahon or to obtain 0 copy of the proposed ord,nance, e.leose contact the Planning and Zoning Deportment, CIty HolI, lOON W. 1st Avenue, De ray Beach, Florida 33444 (email at pzmall@mydelroyplannln!¡ org or by coiling (561 )243·7040, between the hours of 8.00 0 m and 5,00 p m. on weekdays excluding ho~ Idays PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPEG TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO f.S 286 0105 CITY OF DElRAY BEACH Chevelle D Nubin City Clerk PUBLISH: Thursday, August 25,2005 Thursday, September 1, 2005- Boca Rolon/Delroy Beach News Ad# NS080542 -