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Ord 22-98I:IT¥ I)F DELRI:I¥ BEI:I£H DELRAY BEACH 1993 CITY CLERK 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 . 561/243-7000 ,/ CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of Ordinance No.22-98, which was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 16, 1998, by a 5- 0 vote. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 10th day of May, 2001. Barbara Garito, CMC Acting City Clerk City of Delray Beach SEAL Prlnted on Recycled P~oer THE EFFORT ALWAYS MATTERS ORB lP'556 P§ 457' ORDINANCE NO. 22-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE F~EARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Louis J. Carusillo and Harold R. Evans, as Trustees, are the fee-simple owners of a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; and WHEREAS, Michael Corelli, Caulfield & Wheeler, Inc., as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is conti~uous 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 designation of HR-8 (High Density Residential - $ dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Medium Density Residential 5-12 dwelling units/acre; and O~ 12556 P§ 458 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, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; 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 May 18, 1998, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. 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: The East Half (E-l/2) of the Southeast Quarter (SE-l/4) of the Southeast Quarter (SE-1/4) of the Southeast Quarter (SE-1/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, less that part which lies within sixty (60) feet of the baseline survey of Military Trail (State Road 809) as recorded in Road Plat Book 2 at Page 225 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; containing 4.19 acres, more or less. Section 2. 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 3. 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 Delray Beach are now or may be subjected, - 2 - Ord. No. 22-98 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 4. 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 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Medium Density Residential 5-12 dwelling units/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective - 3 - Ord. No. 22-98 · ~8 1~556 P§ 460 status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of June , 1998. ; ATTEST: ~ City Cl~rk v First Reading June 2, 1998 Second Reading June 16, 1998 - 4 - Ord. No. 22-98 CARNIVAl. MARI~T WEST MARKETPLACE OELRA Y K-MART ATLANTIC ORI~ 1 ~E~5~ Pg 461 DOROTHY H. WI~EN, CLERK PI] COUNTY, FL DELRA Y SOUARE PLAZA L '.-.: '..~ '1 .I PUBLIX AVENUE POINTS Vg.$T BABIES ' ~ ' US DELRA Y WEST PLAZA SCO TTYS RO,~D ROAD ROAD TH DR~ C~'l*'f Or D~LRAY BIrAC::H, FL PLANNING & ZONING O~PARTMIrNT (CARUSILLO - ANNEXATION - & EVANS PROPERTY, NORTH PARCEL) £1T¥ DF I)ELRR¥ BEI:I£H DELRAY BEACH NI-AmericaC~ 100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 PLANNING AND ZONING DEPARTMENT MEMORANDUM 1993 TO: DISTRIBUTION LIST · (561) 243-7000 FROM: JEFF COSTELLO, SENIOR PLANNER SUBJECT: CARUSILLO AND EVANS NORTH ANNEXATION DATE: JUNE 24, 1998 At its meeting of June 16, 1998, the City Commission approved on second and final reading an ordinance annexing a 4.19 acre parcel known as the Carusillo and Evans North property. The attached map shows the location of the property which is now within municipal boundaries, and under municipal jurisdiction. Attached for your information is the annexation brief for the subject property. If you have any questions, do not hesitate to contact me at ext. 7046. THE EFFORT ALWAYS MATTERS Rfinte~ On Recycled P~oer ~ m / FLEA MARKET WEST K-MART ~'~ D£LR,~ Y ATLANTIC BABIES °T~° US · DELRA Y ~; I~.S? : PL~,Z,~ , ~ THE DRI~ N - ANNEXATION - (CARU$ILLO &: EVANS PROPERTY, NORTH PARCEL) ANNEXATION BRIEF FOR THE CARUSILLO AND EVANS NORTH PROPERTY Pro.oerty Control Number: 00-42-46-14-00-000-5180 Acreage: 4.19 Acres Taxable Value: $153,300.00 Pro_iected Population Increase: - 0 - Number of Buildings On-Site: 0 Owner's Address: Louis J. Carusillo & Harold R. Evans, Trustee 4331 Westover Place N.W. Washington, D.C. 20016 Property Address: No address (vacant land) County Land Use Designation: HR-8 (High Density Residential - 8 units per acre) City Land Use Designation: MD (Medium Density Residential 5-12 du/ac) City Zoning Designation: Current Use of Pro.oerty: RM-8 (Medium Density Residential- 8 du/ac). Vacant land with 2 billboards at the northeast southeast comers of the site. and DISTRIBUTION LIST: Susan Ruby, City Attorney Lula Butler, Director of Community Improvement Jerry Sanzone, Chief Building Official George Diaz, Deputy Building Official Richard Bauer, Code Enforcement Administrator Mike Simon, Community Development Coordinator Joyce Desormeau, Signs and License Administrator Nancy Davila, City Horticulturist Dick Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Barron Caronite, Assistant City Engineer Dan Beatty, Deputy Director for Public Works Alison Harty, City Clerk Richard Overman, Police Chief Tina Lunsford, Police Dispatch Robert Rehr, Fire Chief Mike Cato, Fire Safety Division Chief Joseph Safford, Finance Director Becky O'Conner, Treasurer Sandy Roberts, Office Computer Specialist Regina Frazier, Budget Administrator Barbara Schooler, Utility Customer Service Manager Joe Weldon, Director of Parks & Recreation S:PLANNI/DOUCME/RUN/^NXDIST.DOC FILE NUMBER: 98-'138 & 98-139-ANX-CCA I PETITION NAME: CARUSILLO/EVANS NORTH PARCEL A. City of Delray Beach Comprehensive Plan as Existed on 6-16-98, B. City of Delray Beach Land Development Regulations as Existed on 6-16-98, C. City of Delray Beach Zoning District map as Existed on 6-16-98, D. City of Delray Beach Future Land Use Map as Existed on 6-16-98. ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE 1. Paul Dorling, Acting Planning Director, AICP. 6-16-98 2. Jeffrey Costello, Senior Planner. 6-16-98 1. Application for Annexation. 4-03-98 2. Application for Future Land Use Map Amendment 4-03-98 3. Warranty Deed recorded in ORB 1808, Page 1370. 4-03-98 4. Title Certificate prepared by Gary A. Korn, dated March 30, 1998. 4-03-98 5. Letter from Jasmin Allen to Michael J. Corelli regarding the status 4-16-98 of the petition, dated April 16, 1998. 6. Notice of Annexation and Small-Scale Future Land Use Map 4-17-98 Amendment transmitted to Frank Duke, Director, Palm Beach County Planning Division, dated April 17, 1998. 7. Notice of the Future Land Use Map Amendment transmitted to the 4-20-98 IPARC Clearing House, dated April 20, 1998. Page 1 IFILE NUMBER: 98-138 & 98-139-ANX-CCA I PETITION NAME: CARUSlLLO/EVANS NORTH PARCEL 8. Letter from Harry Fix, Palm Beach County School Board, to Jeffrey 5-06-98 Costello regarding School Board's response to the requests for Future Land Use Map Amendment and Annexation, dated May 4, 1998. 9. Letter from Ronald L. Crone, Lake Worth Drainage District to 5-15-98 Jeffrey Costello regarding LWDD right-of-way requirements for the L-34 Canal, dated May 13, 1998. 10. Planning and Zoning Board Staff Report for the meeting of May 18, 5-18-98 1998. 11. City Commission Documentation for the City Commission meeting 6-02-98 of June 2, 1998. 12. Ordinance # 22-98 approved on first reading on June 2, 1998. 6-02-98 13. Letter from Richard Morley, Palm Beach County Planning, Zoning 6-10-98 and Building Department, to Jeffrey Costello regarding County's response to annexation request, dated June 6, 1998. 1. Tax map showing properties within a 500' radius of the subject site. 4-03-98 2. List of the names and addresses of all property owners within a 4-03-98 500' radius of the subject site. 3. 'Public Notice 98-138 and 98-139 mailed on May 7, 1998. 5-07-98 4. Notice of Land Use Change published on May 8, 1998. 5-08-98 Page 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MJ~AGER SUBJECT: AGENDA ITEM #1U~- REGULAR MEETING OF JUNE 16, 1998 ORDINANCE NO. 22-98 (ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT AND INITIAL ZONING FOR CARUSILLO DATE: AND EVANS NORTH PROPERTY) JUNE 12, 1998 OUASI-JUDICIALHEARING This is second reading and a quasi-judicial public hearing for Ordinance No. 22-98 which annexes a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue (commonly known as the Carusillo and Evans North property). It also provides for a small scale Future Land Use Map (FLUM) amendment from County HR-8 (High Density Residential - 8 dwelling units/acre) to City Medium Density Residential (5-12 dwelling units/acre), and establishes initial zoning for the property of RM-8 (Medium Density Residential - 8 units per acre). The subject property is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The land is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel. The proposed use of the property is that of an assisted living facility. The applicant's representative has stated that the billboards will be removed when the project goes to construction. The Planning and Zoning Board considered the application at a public hearing on May 18, 1998, and voted 6 to 0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on June 2, 1998, the Commission passed the ordinance by unanimous vote. At that time, the City Attorney indicated that the County had raised a concern that the proposed annexation would, in their opinion, create an enclave. City staff met with County staff, after which the County concurred with the City's position that the annexation is actually decreasing an enclave. Recommend approval of Ordinance No. 22-98 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. ref:agmemo7 TO: THRU: FROM: SUBJECT: DAVII:¥1~ HARDLY MANAGER PAUL DO.L, NG. PRI. J AL PLA..ER JEFFREY A. COSTELLO, SENIOR PLANNER~ ~ MEETING OF JUNE 2, 1998 ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY HR-8 (.HIGH DENSITY RESIDENTIAL - 8 DU/AC) TO CITY MEDIUM DENSITY RESIDENTIAL 5-12 UNITS PER ACRE, AND INITIAL ZONING OF RM-8 {.MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER ACREI FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE (CARU$1LLO AND EVANS NORTH PROPERTY_). The subject property is a 4.19 acre vacant parcel currently located in unincorporated Palm Beach County having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The property is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel. The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac)o The proposed use of the property is that of an assisted living facility. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of May 18, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Young absent) to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County HR-8 to City MD (Medium Density Residential 5-12 du/ac), and the application of an initial zoning designation of RM-8 (Medium Density Residential - 8 units per acre), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of June 16, 1998. Attachments: P & Z Staff Report and Documentation of May 18, 1998 & Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 18, 1998 IV.D. Future Land Use Map Amendment from County HR-8 (High Density Residential- 8 units/acre) to City MD (Medium Density Residential 5-12 units/acre), and Associated Annexation with Initial Zoning of RM-8 (Medium Density Residential- 8 units/acre) for the Carusillo/Evans North Parcel, Located on the West Side of Military Trail, Approximately 700 Feet South of West Atlantic Avenue. GENERAL DATA: Owner/Applicant ......................... Louis Carusillo & Harold Evans Agent .......................................... Michael Covelli Caulfield & Wheeler, Inc. Location ...................................... West side of Military Trail, approximately 700 ft. south of West Atlantic Avenue. Property Size .............................. 4.19 Acres Existing County Future Land Use Map Designation ........................ HR-8 (High Density Residential- 8 units/acre) Proposed City Future Land Use Map Designation ......................... MD (Medium Density Residential 5-12 units/acre) Existing County Zoning ............... AR (Agricultural Residential) Proposed City Zoning ................. RM-8 (Medium Density Residential - 8 units/acre) Adjacent Zoning ................ North: City PC (Planned Commercial) East: County RS (Single Family South: West: Use ...................... Existing Land Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Residential) and City GC (General Commercial) City RM-8 County AR Vacant land with a billboard at the northeast and southeast corner of the property. Annexation with initial zoning of RM-8 to obtain City services for the construction of an assisted living facility. Available via connection to an existing 12" water main along the east side of Military Trail and an 8" main at the southeast corner of the shopping center to the north. Available via installation of a lift station and connection to a 4" force main along the west side of Military Trail. ~ ,~.,.~ i I/lll A T LANT!C ............... m'~ A VE~ N U £ Jl::J I I lllllll illl ~ ,7>. ! ........... -T.~,, ,".--"-'--~..-~_u.~ Ilrltl!ftl lill~ l'" ~ i IIIIl,!tl !Il r-'-I =j, /?T'¥¥v* ~..'"'Y'/ Jiilli!i' I ! t , J!) ~--.q:l ,v-w.~ ¢- /~ ,,7'(z.- · SHERWOOD BOULEVARD The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171o044), and a Small-Scale Future Land Use Map amendment from County HR-8 (High Density Residential - 8 units per acre) to City MD (Medium Density Residential 5-12 du/ac) with initial zoning of RM-8 (Medium Density Residential - 8 du/ac). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel. No land use history is available on this property. It is noted that the 4.18 acre parcel to the south is under the same ownership and was annexed into the City on September 17, 1996 with the Medium Density Residential 5-12 du/ac FLUM designation and RM-8 zoning district. At that time the development proposal was to accommodate a multiple family development which would be combined with property now under consideration. Requests for Annexation, Future Land Use Map amendment and Initial Zoning have been submitted to accommodate the RM-8 (Medium Density Residential - 8 du/ac) zoning designation for the subject property, and are now before the Board for action. The subject property is a 4.19 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility. Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation for this property is TRN (Transitional). Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 Requested Land Use Designation: The requested Future Land Use Map change is to City MD (Medium Density Residential 5-12 du/ac). Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: r~ The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The Future Land Use Map amendment involves a 4.19 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to Medium Density Residential 5-12 du/ac (MD) is being processed concurrently with a request for annexation and initial zoning of RM-8 (Medium Density Residential - 8 du/ac) to accommodate an assisted living facility, which is allowed as a conditional use in the RM-8 zoning district. The MD land use designation allows consistent zoning districts which include single family, and Iow and medium density multiple family development. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The same property owner was granted a FLUM amendment for the parcel to the south in September, 1996. Land Use Analysis: 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 accompanying annexation and initial zoning application is seeking a RM-8 (Medium Density Residential - 8 du/ac) zoning district. The proposed use (assisted living facility) is allowed as a conditional use within the RM-8 zoning district. The Medium Density Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 Residential 5-12 du/ac land use designation is consistent with the proposed RM-8 zoning designation. Consistency between the City_ and County_ Land Use Designations: The proposed City Future Land Use Map designation for the property is MD (Medium Density Residential 5-12 du/ac). The existing County Future Land Use Map designation for the property is HR-8 (High Density Residential - 8 units per acre). The City's MD land use designation is consistent with the County's HR-8 designation in that Medium Density Residential zoning is allowed. The current "advisory" Transitional designation allows multiple family development as well as office and limited commercial development. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Ad_iacent Land Use Map Designations. Zoning Designations & Land Uses: North: North of the subject property, has a City land Commercial) and is zoned PC (Planned Commercial). contains a shopping center (Babies "R" Us Plaza). use designation of GC (General The property is developed and South: To the south, across the L-34 Canal, has a City land use designation of MD (Medium Density Residential 5-12 du/ac) and is zoned RM-8 (Medium Density Residential - 8 du/ac). The property is currently vacant and contains a billboard. The property is under the same ownership as the subject property and was annexed in 1998 with the MD land use designation and RM-8 zoning. West: The abutting properties to the west have a Palm Beach County land use designation of HR-8 (with an advisory City land use designation of Transitional) and are zoned AR (Agricultural Residential). The existing land uses are single family residences. East: East of the property, across Military Trail, has a Palm Beach County land use designation of MR-5 (Medium Density Residential- 5 du/ac) (with an advisory City designation of Low Density Residential - 0-5 du/ac), and a parcel with the City General Commercial FLUM designation. The properties are zoned County RS (Single Family Residential), and City GC (General Commercial). The existing land uses are a single family subdivision known as Country Club Acres, and a veterinary clinic (Animal Hospital). Allowable Land Uses: Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM) are allowed. The applicant has requested an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). This zoning designation is consistent with the proposed land use designation. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Opens Space. The proposal involves annexation of property which requires changing the FLUM designation from County to City. The current County FLUM designation is HR-8 and the current "advisory" designation is Transitional, which allows residential (single and multiple family, offices, and limited retail). The proposed City FLUM designation of MD is consistent with the current County HR-8 FLUM designation, and does not allow offices or limited retail uses. While the proposed FLUM and zoning designations are consistent with the goals, objectives and policies of the Comprehensive Plan, the proposed use of the property (assisted living facility) is inconsistent with the following: Housina Element Policv B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shaft be designed to accommodate households having a range of ages, especially families with children, and shaft be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The subject property (4.19 acres) will be combined with the 4.18 acre parcel to the south to accommodate an 8.37 acre development that is restricted by its nature to adult residents. However, given the property's extensive frontage along Military Trail, and its relatively shallow depth, it is not a prime location for a single family subdivision. LDR Section 3.1.1(C)(Consistency) states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. In order to establish the use of an assisted living facility, Conditional Use approval is required. With the submittal of a specific development proposal these objectives and policies will again be reviewed. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan, except Housing Element Policy B-2.2, which is discussed above. The following are the other applicable goals, objectives and policies. Future Land Use Element Objective A-f: 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 complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential area. Under the MD FLUM designation, development of this property can fulfill the need for moderate and middle income housing. With review of a specific development proposal this policy will be revisited. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the MD land use designation and meet adopted concurrency standards. The proposal is to annex the property with an initial zoning designation of RM-8, which will be limited to a maximum of 8 units per acre, to accommodate an assisted living facility, as a conditional use. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described in the Future Land Use Element of the Comprehensive Plan, the proposed Medium Density Residential 5-12 du/ac land use designation is applied to land which is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Homeownership is characteristic of this designation. Where Medium Density Residential exists, uses other than those which are residential in character shall not be considered. Compatibility with the abutting residential properties is not a major concern, however, there are sufficient regulations in place which will mitigate any potential adverse impacts. With respect to the residences to the west and Country Club Acres development on the east side of Military Trail, there are sufficient regulations in place to mitigate any potential adverse impacts. With development of the site as an assisted living facility, trees must be installed every 25' along the west property line, abutting the single family residences. The City's regulations require any development of the subject property to provide a 30' landscape buffer along the east side of the property adjacent to Military Trail. Under the County designation of 8 units per acre, the resulting development would likely be multi-family residential. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 6 [] Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. There should be no problems complying with the Land Development Regulations. Florida Statutes Governing Voluntary_ Annexations: Pursuant to Florida Statute 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 on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. [] The property is contiguous with the City and is reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. This is also true for the properties under County jurisdiction on the east side of Military Trail across from the subject property. As a result, the properties on the east side of Military Trail already constitutes an enclave. Thus, the proposal will not create an additional enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 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 owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "D" on the west side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 CONCURRENCY: Provision of Services: 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 (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County_'~; Fire Department (Fire Station #42/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station ~4 at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to an existing 12" water main located along the east side of Military Trail, and an existing 8" main at the southeast corner of the abutting shopping center (to the north). With future development of this property, main extensions (minimum 8") to the west and south property lines will also be required in order to provide continuation of service and future connections to the existing residences. Along the new mains, fire hydrants must be installed with a maximum spacing of 300 feet for the proposed assisted living facility. If 3-story multi-family structures are constructed, a fire hydrant spacing of 300 feet will be required, and 400 feet for multi-family structures up to 2- stories. Also, looping of the main internal to the site for system integrity will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military Trail. With future development, the installation of a lift station and sewer main extensions to the west and south property lines will be required. The lift station must be designed to accommodate the proposed development as well as the existing residences to the west and the Country Club Acres subdivision which are currently served by Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 septic systems. The City will participate in the increased cost associated with sizing the lift station to accommodate future flows. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: This property has direct access to Military Trail, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum number of residential units allowed under the proposed RM-8 zoning, which would be 33 units generating 231 average daily trips. At 12 units per acre, a maximum of 50 multiple family dwelling units could be provided which would generate a total of 350 average daily trips. The proposed assisted living facility would generate a total of 436 average daily trips. Military Trail is currently being widened from 4 lanes to 6 lanes. Upon completion, Military Trail will be operating at LOS "D", which can accommodate the vehicular trips generated by the proposed development. In a related item, an access easement will be required with development of the property in order to allow access to Military Trail by residents of the neighborhood to the west. This issue is discussed in a later section of this report (Other Items - Access Easement). Parks and Open Space: The annexation of the property to accommodate an assisted living facility will not create an additional impact on park and recreational facilities. The proposed RM-8 zoning district will allow a maximum of 33 dwelling units. The stated intended use of the property is as an assisted living facility, which typically do not impact the park system. However, even if the property is developed to accommodate permanent residential units, these units would not have a significant impact with respect to level of service standards for parks and recreation facilities. The impacts of the potential residents have already been factored into the park demands calculated on build-out projections. Further, the City currently provides approximately 8 acres per 1,000 residents of recreation space which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. If the parcel is ultimately developed as homes or apartments, a parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: As thero is no change in actual land use at this time, thero will be no impact on solid waste disposal. The service provider will change, as described later in this report. Financial Impact~: Effect Upon Annexed Property.: For the 1998 tax year the subject property had an assessed value of $153,300. With the change from County to City jurisdiction, the following taxes and rates will be affected: Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU Library City Of Delray Beach City of Delray Beach Debt 2.5764 Deleted (County) .4997 Deleted (County) 6.9500 Added (City) .8500 Added (City) 4.7239 Difference* * Total tax millage in the County is 19.8597 mills while in the City the total millage rate is 24.5836 mills. The current yearly ad valorem taxes are $ 3,044.49. With annexation the yearly ad valorem taxes will be $ 3,768.67; a tax difference of $ 724.18. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. For non-residential units the fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not immediately imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail annexation areas are serviced by Sunburst (pursuant to new contract awarded on May 13, 1998), and the City's contract is currently through BFI (Browning-Ferris Industries). 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 franchisee 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 annexation was initiated prior to the change to Sunburst, the waste service provider will change with annexation to BFI. Occupational License Fees - The proposed assisted living facility will require an occupational license. This license will be in addition to the current County license fee required for an assisted living facility of approximately $30 per year. The City license fee for the facility is $125. If the property is developed for owner-occupied residential purposes, an occupational license will not be required. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 97/98 19.8597 to City 97/98 mills.(4.7239) County of rate 24.5836 +$ 724.18 NON AD VALOREM Stormwater Assessment Solid Waste Collection $ .00 $ .oo WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $ .00 ANNUAL FINANCIAL IMPACT: +$ 724.'18 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1997/98 City operating millage rate of 6.95 mills and debt rate of 0.85 mills, the property will generate approximately $1,195.74 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. The proposed City zoning designation is RM-8 (Medium Density Residential - 8 du/ac) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the west; County RS (Single Family Residential) to the east; City PC (Planned Commercial to the north; and, City RM-8 to the south. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development 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, 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 following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM-8 zoning designation is consistent with the proposed Medium Density Residential 5-12 du/ac land use designation. The proposed assisted living facility is allowed as a conditional use within the RM-8 zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property is currently vacant with billboards situated at the northeast and southeast corners of the property. When a sign is annexed which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtain compliance. Any future development will be required to comply with all Land Development Regulations. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), 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 analysis section of this report. Section 3.3.2 (Standards for Rezonin_a Actions): Standard B and C is not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The subject property and the residential properties to the west are not designated on the Neighborhood Categorization Map. However, the properties to the east and southwest (County Club Acres) are noted as Stabilization. The rezoning is required in conjunction with the annexation request. The proposed RM-8 zoning designation will be consistent with the proposed MD Future Land Use Map designation. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses 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 RM-8 zoning designation will accommodate the proposed assisted living facility as a conditional use. Compatibility with the adjacent residential development will relate to the ultimate density of future development. The development potential of the property under the County's HR-8 land use designation is 33 units, which is equivalent to the maximum allowed under the proposed RM-8 zoning district. The City's RM zoning district has a range of 6-12 units per acre, with the maximum density determined at the time of site plan approval, based upon compatibility with surrounding properties, or application of a density suffix through the rezoning process. With the property's extensive frontage along Military Trail, limited depth, and the current County HR-8 FLUM designation, it is appropriate to apply the density suffix of 8 units per acre. The RM zoning district requires a minimum 15' (side interior) and 25' front and rear building setback. Further, if the property is developed as an assisted living facility, trees must be planted every 25' within the landscape strips abutting the single family residences. Compatibility of a specific development proposal with the adjacent Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 developments will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, 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; That there has been a change in circumstances which make the current zoning inappropriate; C= That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appro_oriate 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 zoning designation also be applied. The RM-8 is being sought as it is consistent with the existing County HR-8 and the proposed City Medium Density Residential 5-12 du/ac land use designations. Also, the FLUM and zoning designations are consistent with those granted with the Annexation of the property to the south in 1996. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The requested zoning is of similar intensity as that allowed under the proposed City MD land use designation. The RM-8 zoning is more appropriate for the property than the current County zoning designation of AR (Agricultural Residential) given the property's location and its extensive frontage along Military Trail. Access Easement The subject property abuts a residential area to the west consisting of 10 lots, which are located south of the Points West Plaza shopping center. The single family homes obtain access by traveling through the parking lot of the shopping center, which fronts on Atlantic Avenue. As a result of this development pattern, it is very difficult for emergency services to access the area in a timely manner. Thus, unacceptable response times have resulted. With development of the Carussillo-Evans property, an easement will be required along the north portion of the property to allow direct access from Military Trail to the subdivision. The applicant has agreed to provide this easement, which is to be at least 20' wide. It may also serve as an access drive for the proposed assisted living facility. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainacje District: Lake Worth Drainage District reviewed the annexation request and indicated that a dedication of 20' will be necessary along south property line of the subject property for the L- 34 Canal. Palm Beach County Notice: On April 17, 1998 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: Country Club Acres Greensward Village Condominium Association (within The Hamlet development) Hamlet Residents Association Highpoint PROD (Progressive Residents of Delray) Sherwood Forest Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Medium Density Residential 5-12 du/ac Future Land Use Map designation is less intense than development Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 that is allowed under the current City advisory designation of Transitional. The application of an initial zoning designation of RM-8 is consistent with the proposed FLUM designation, and with the previous action that was taken for the property to the south. While the FLUM and Zoning designations will be consistent with the City's Comprehensive Plan, the proposed use, assisted living facility, is inconsistent with Housing Element Policy B-2.2 and its supporting policies. However, a finding of overall consistency can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. The annexation Will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for residential purposes, stormwater assessment fees will be imposed. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $1,195.74 a year. With development of the property, infrastructure improvements which include water and sewer main extensions to the west side of Military Trail, and the installation of a lift station will offset the costs of providing these services to the residents to the west and Country Club Acres in the future. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will dictate the development time frame. A. Continue with direction. Bo Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: 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. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 16 designation of RM-8 (Medium Density Residential - 8 du/ac), based upon a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), that the proposed use is inconsistent with Housing Element Policy B-2.2. Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, o That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: El Location Map El Survey This Report prepared by: Jeff Costello. Senior Planner I ~' ! IIII - II I CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING· ORDINANCE NO. 22-98 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, JUNE 167 19987 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Detray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will be read by title only and all persons interested will be given the opportunity to be beard. " ORDINANCE NO. 22-98 ~' AN ORDINANCE OI~ THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELMNG UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPE~LER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE· A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE CITY CLERK CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. This notice is published as required by State law. The proposed ordinance may be Inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, betweert the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, PLEASE BE ADVISED thai if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to erlsure that a veFoatim record Includes the testimony arid evidence upon which the appeal is to be based. The City does nut provide or prepare such record. Pumuan! to F. S. 286.0105. ~ Published: Boca Raton News CITY OF DELRAY BEACH June 12, 1998 ~Alison MacGregor Harly *d #r;2"o ; c.~ c~,rk CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 22-98 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, JUNE 16, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will be read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO. 22-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAAID USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. lST AVENUE, DELRAY BEACH, FLORIDA. (INSERT ATTACHED MAP HERE) This notice is published as required by State law. The proposed ordinance may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 285.0105. PUBLISH: The News June 12, 1998 CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk Instructions to Newspaper: This is a display ad to be published in the legal/classified section of the newspaper. Thank you. ref:anexad2 CITY OF DELRAY'BEACH, FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of DelraY Beach, Fiorida will consider a proposed change to the Future Land Use Map for a 4.19 acm parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue (commonly known as the Carusillo and Evans North property). The proposal involves a Small Scale Future Land Use Map amendment FROM County HR-8 (High Density Residential- 8 dwelling units/acm) ~ City Medium Density Residential 5-12 dwelling units/acre. The City Commission will conduct a Public Hearing on TUESDAY. JUNE 16. 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the CommiSSion), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, 'Delray Beach, Florida. At this meeting the City Commission will consider adopting this small scale amendment to the Future Land Use Map. The lffie of the enacting ordinance is as follows: ORDINANCE NO. 22 - 98 AN ORDINANCE OF THE CITY cOMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS 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; AFFIXING AN OFFICIAL LAND USE, DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM - 8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A.SAVING CLAUSE, AND AN EFFECTIVE DATE. NI interested citizens are invited to attend the public heating and comment upon the proposed Land Use Map Amendment or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Jeff Costello at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE .THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO FS. 286.0105. PUBLISH: Boca Raton News June 10, 1998 Ad #T72765 CITY OF DELRAY BEACH Nison MacGregor Harty City C~erk CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Delray Beach, Florida, will consider a proposed change to the Future Land Use Map for a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue (commonly known as the Carusillo and Evans North property). The proposal involves a Small Scale Future Land Use Map amendment FROM County HR-8 (High Density Residential - 8 dwelling units/acre) TO City Medium Density Residential 5-12 dwelling units/acre. The City Commission will conduct a Public Hearing on TUESDAY, JUNE 16, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission will consider adopting this small scale amendment to the Future Land Use Map. The title of the enacting ordinance is as follows: ORDINANCE NO. 22-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Ail interested citizens are invited to attend the public hearing and comment upon the proposed Land Use Map Amendment or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Jeff Costello at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The News June 10, 1998 CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk Instructions to NewsDaper: This ad is not to appear in the legal/ classified section. It must be at least two (2) columns wide by ten (10) inches long. The headline [CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must be 18 point bold. Thank you. .( CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 22 - 98 ORDMkN~E ON TUE~D&Y. M IL lelL l~T T~h pia (or lt l~j t~Ylnullon of lU~h mleing wNch il set b/ b~e ), k~ lite Com~ CW ,,t C#y HII, 100 N.W. l~t A~mme, DMmy B~ Fk~ at wNch W the ~O ~D ~ ~ ~, ~ ~ ~Y ~BED HEREIN. ~E F~ ~D ~ ~ ~ ~ ~D USE ~P ~ ~A~ED ~N ~E ~EHE~IVE ~: E~ ~ ~ED ~R ~ ~ ~1~ ~ ~J ~~R ~ ~~~a4.19~ r ~ ~ ~ ~ ~ ~ ~ ~(~)(c) (4). . ...... , ..i-ii- -"! ixlpare a~ch m,(x)~l. Purluant to ES. 285.0105. PLIBI.~H: Bo~a Rato~ ~ Acl ~771S16 CITY 0~ D~.I~Y BEACH CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 22-98 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, JUNE 16, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will be read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO. 22-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Louis J. Carusillo and Harold Ro Evans, as Trustees, are the fee-simple owners of a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; and WHEREAS, Michael Corelli, Caulfield & Wheeler, Inc., as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed 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 designation of HR-8 (High Density Residential - 8 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Medium Density Residential 5-12 dwelling units/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, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; 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 May 18, 1998, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. 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: The East Half (E-l/2) of the Southeast Quarter (SE-l/4) of the Southeast Quarter (SE-l/4) of the Southeast Quarter (SE-l/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, less that part which lies within sixty (60) feet of the baseline survey of Military Trail (State Road 809) as recorded in Road Plat Book 2 at Page 225 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; containing 4.19 acres, more or less. Section 2. 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 3. 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 Delray 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 4. 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 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Medium Density Residential 5-12 dwelling units/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. (INSERT ATTACHED MAP HERE) This notice is published as required by State law and Section 2.03(b) of the City Charter of the City of Delray Beach. The proposed ordinance may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 285.0105. PUBLISH: The News June 5, 1998 CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk Instructions to NewspaDer: This is a display ad to be published in the legal/classified section of the newspaper. Thank you. ref:anexadl PLEASE DO NOT'REDUCE THE MAP ANY FURTHER THAN WHAT IS SHOWN HERE! THANK YOU. - ANN£X~TION -- LEGAL VERIFICATION FORM FILE #: 98-138 & 139 PROJECT NAME: CARUSILLO/EVANS - FLUM & ANNEXATION LEGAL DESCRIPTION: The East half (E-1/2) of the Southeast Quarter (S.E. 1/4) of the Southeast Quarter (S.E. 1/4) of the Southeast Quarter (S.E. 1/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, less that part which lies within sixty (60) feet of the baseline survey of Military Trail (State Road 809) as recorded in Road Plat Book 2, at Page 225 of the Public Records of Palm Beach County, Florida. SOURCE of Legal Description: Survey (copy attached) VERIFIED BY: ~[~/~ DATE: VERIFICATION REQUEST NEEDED BY: MAY 27, 1998 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: LEGCARU