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Ord 14-09It~~~~~~~~~~~~~iB~~1~~~~~~~~~~ I L~ ~ GFI~.~G+C1~C1'~tx7~6G~3 ~~ CsF~ E3){ ~~m~~ F'G C1~~f2 FtECCIRI-EFy t1~122l~!U0~ 08 : ~O t 55 ~ ~ P"al~a Beach Cau»ty~ Flor•i+sia Sharman R. Bads, CLERH 8 CG11P'~'I~GLLBR `~ Pgs ~~ - 25tA~ t?pg~) __ - ORDINANCE NO. 14-09 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, FLORIDA, ANNEXING TO THE CITY OF ~ DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NEST SIDE OF WARWICK ROAD APPROXIMATELY 1,760 FEET NORTH OF LAKE IDA ROAD, 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD {LOW DENSITY ~ RESIDENTIAL 0-5 DU f AC) 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 SMA]~L SCALE LAND I USE PLAN 1~.MENDMENTS; PROVIDING FOR THE ZONING THF~EOF TO R-1-AAA {SINGLE FAMILY RESIDENTL~L); '~ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHER.I:AS, Edmond Etienne and Ket~tly Etienne are the fee simple owners of a 0.88 acre parcel of land located on the west side of Barwick Road, approximately 1,760 feet north of Lake Ida Road {13415 Barwick Road); and WHER~I?AS, pursuant to the Agreement far Water Service executed on December 7, 2007, the City of Delray Beach intends to annex the subject property rota 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 171.04'4 of the Florida Statutes; and WHER.I?AS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUN1} designation of MR-5 (Medium Density Residential, 5 units per acre}; and WHEREAS, the Advisory Future Land Use Map designation far the subject property in the ~. City of Delray Beach, Florida, is LD (Low Density Residential 0-5 duf ac); and . } WHER.f:AS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 19$9, 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 tlxis 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{~}, the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of April 20, 2009, and voted 5 to 0 to recommend that the annexation be approved with an initial zoning of R-1AA.A {Single Fanuly Residential} and City Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac}, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4}(e}, the Planning and Zoning Board, sitting as the Local Planning Agency, has detexrnined 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 WHER,:EAS, the City Comxzussion of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFO1l;.E, BE IT ORDAINED BY THE CI'CY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Coxnrxussion 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 South half of the Noxth two-fifths of the East half of the Southeast quartex of the Southeast quarter of the Northwest quarter of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 40 feet thereof for road right-of--way. 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 2 Ord. No, 14-09 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 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 the Future Land Use Map designation of the subject property is hereby officially affixed as LD {Low Density Residential 0-5 duf ac}. Section 7. 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)3. Section 8 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 R-1-AA.A {Single Family Residential} as defined be existing ordinances of the City of Delray Beach. Section 9 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10 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 11. That this ordinance shall became effective as follows: As to annexation, irrunediately upon passage on second and final reading, as to land use and zoning, dzirty-one {31) days after adoption, unless the amendment is challenged pursuant to Section 163.31$7{3}, F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affaiurs, or the Adzx~is~istration 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, 2744 Centerview Drive, Tallahassee, Florida 32399-21{}0. 3 Ord. No. 14-09 PASSED AND ADOPTED in regular session on second and. final re ding on this the clay of ~ _ . 20t'~`' . MAYO ATTEST City Clerk "first Reading-=-~' ~ c~~~~=-~- Second. Readin 4 Ord. No. IA~-09 ANNEXATION BRIEF FUR 13415 BARWICK ROAD Propertl~ontrol Number: Acreage: Number of Buildings on Site: Taxable Value: Projected Population Increase: Owner's/Property Address: Edmond Etienne and Kettly Etienne '13415 Barwick Road Delray Beach, FL 33445 Countx Future Land Use Map Designation: 00-42-~6-~ 2-00-000-3141 0.88 Acres ©ne (1} $ 468,172.00 Five (5} MR-5 (Medium Density Residential - 5 units per acre} City Future Land Use Map Designation: City Zoning Map Designation: Current Use of Property: LD (Low Density Residential - fl to 5 dulac} R-1 AAA {Single Family Residential} Assisted Living Facility (5 residents) ~ ~ -~; sug,~er ~ 34~ 5 BARUUIC K RfJAC} • ~ _.,~._ ~~oP~T~r _ PLANNING AND ZONING Lf3CATlQN MAP t DEPARTMENT ~. ~~ CITE OF ~~LR~~ BE~~~1 F . ~ ~rF ~~~~ ~~: ~ . _ _ _.. _ r 4 o x o DELRAY BEACH CITY CLERK 160 N.W. 1st AVEtrIUE DELRAY BEACH, FLORIDA 33444 561/243-7000 ~~~~~~~~ All-America City aooi CERTIFICATION I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Clydinance No. 14-08, as the same was passed and. adopted by the Delray Beach City Commission in regular session on the 19th day of May, 2009. IN ti'VITNESS ~'VHERE(}F, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 21st day of May, 2009. ., F'xc^ ~ ;. +; RA ~ xis ~ - r *F 'r . l t ~~ n`, h I, MT'n tlf... 1 x.11-J~L} ~ r, ~.. '~ {' + ;~ ~~ ~ ~ ~ ,a:, ';f. - Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida 5-ERVZ~E ' PE12F012MANCE ' I%ITECFtITY • RESPC?C~JSIBI~E `INNOVATIVE • TEAMWOIZI< NO"i'IFICA'T'ION OF ANNEXATION Please find a copy of Ordinance No. 14-x9 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 May 19, 2009. Ordinance 14-09 will be recorded with the Palm Beach County Clerk of the Court. This information 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, ~'J• 1~ Chevelle D. Nubin, CMC City Clerk Attachments: Ordinance No. 14-09 Annexation Brief - ~'' ~~ I, CHEVELLE D. NUSIN, CMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 14--09, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 19th day of May, 2009. IN WITNESS WHEREOF, 1 have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 21St day of May, 2009. Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida ~~~~~~rro" ~ ~~;"~~s~?iF?~4''~ ~ ~~`i"~~;~ sy S€~~~,~5~~..~ ~ ~~~'~lflib~°a~ ~ ~!~s";~~'3Js1~K ORDINANCE NO. 14-09 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 BARWICI~ ROAD APPROXIMATELY 1,760 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICR'AL 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 LD (LOW DENSITY RESIDENTL4L 0-5 DU/AC) 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 AMENDMENT5; PROVIDING FOR THE ZONING THEREOF TO R-1-AAA (SINGLE FAMILY RESIDENTIAL); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, Edmond Etienne and Kettly Etienne axe the fee simple owners of a 0.88 acre parcel of land located on the west side of Barwick Road, approximately 1,760 feet north of Lake Ida Road (13415 Barwick Road); and WHEREAS, pursuant to the Agreement fox Water Service executed on December 7, 2007, 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 lirnits of the City of Delray Beach, Florida; and WHEREAS, the City of Dekay Beach has heretofore been authorized to annex lands ixz 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 MR-5 (Medium Density Residential, 5 units per acre}; and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 2989, and as subsequently amended, are deemed to be advisory only uzxtil 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 Berard held a public hearing and considered the subject matter at its meeting of April 20, 2009, and voted 5 to 0 to recommend that the annexation be approved with an initial zoning of R-2AAA (Single Family Residential) and City Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac}, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 263.3274(4)(c), the Planning and Zoning Board, sitting as the Local Plannuig Agency, has determtned 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 DELR.AY 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: The South half of the North two-fifths of the East half of the Southeast quartex of the Southeast quarter of the Northwest quarter of Section 12, Township 46 South, Range 42 East, Palm. Beach County, Florida, less the East 40 £eet thereof for road right-of--way. 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 2 Ord. No. 24-09 the City of Delray Beach are now or xxxay be subjected, including the Stormwater Management assessment levied by the Cite 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. 5ectian 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shaIl not be deemed acceptance by the City of any maintenance responsibility fox such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section G. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residentia10--5 du/ac). Section 7. 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)3. Section 8 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 R-1-AAA (Single Family Residential) as defined be existing ordinances of the City of Delray Beach. Section 9 That all ordinances or parts o£ ordinances in conflict herewith be, and the same are hereby repealed. Section 10 That should any section or provision of this ordinance or any portion thereof, any - paragraph, sentence ox 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 11. 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 this amendment shaII be the date a final order is issued by the Depari~nent of Community Affairs, ox the Administration Can~tnission, 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 became effective. If a final order of noncompliance is issued by the Administration Cammussian, this amendment may nevertheless be made effective by adoption of a resalution 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. 3 Ord. No. 14-09 1~ASSED AND ADOPTED in regular session on second and foal reading on this the day of 200. MAYO ATTEST ~• ~ ` City Clerk First Readin Second Readin 4 Ord. No. 14-09 ANNEXATfON BR1EF FOR 'f 34'15 BAR'~V'ICK ROAD Property Control Number: Acreaue: Number of Buildings on Site: Taxable Value: Protected Population Increase: Owner'slProperty Address: Edmond Etienne and Kettly Etienne 13415 Barwick Road Delray Beach, FL 33445 Co ap„~e~ignation: .,unto uture an se M,, a0-42-46-12-0 g-0 QO-3141 0.88 Acres One (1) $ 488,'172.00 Five (5) MR-5 (Medium Density Residential - 5 units per acre} City Future Land Use Map Designation: City Zoning Map Designation. Current Use of Property: LD (Low Density Residential - 0 to 5 dulac) R-1-AAA (Single Family Residential} Assisted Living Facility (5 residents} ~ a a R , ~ o ®®®~®®®®~ ~ ~ 6 a O W m PINE TREE gR1VE ~ Rpm ERH DRIVE SUNRISE BOULEVARD µ~~yp Aq~ ~i w C U E eexL~r PARK 5ABAL W9t ~ ~ ~dAGNOLiA tlR. ~y o m ~ LAURELWOOD ,q~ j V f~ ~ a ~ ~ ROAD ~ O 5ASAL ~ Q o SEA GR GRCLE ~ a [C a ~ ~ a ems' ~ ~ S MAGNgLiR SEA GRAPE CIRCLE LANq CANAL L~-31 O ~ N.. rta sr. sr. N,VL O ~ O fo-ru ~ ~ , ~~ ~ LANE O N.W. 9IH ST ~ ~ ~ N w. $ ~ gOUNTRY MANORS ROAD ~ ~ Cj n 3 7 ~ C ~s_ADOl1q_ _ ~ O GBH O CARDINAL ~ "~ > 1Y.11N ~i ~ 07 iAlyE, ~ O LANE O a N LAKE l D A R O A D e~ ~ c-r. ~ .w. ehl ~ A E MON7RESOR AvEx~E v ~ ~ z ~ ~ 3 ~ m ~ ~ ~ w ~ T G 3 ~ a ATEAU P CE z -- DIGITAL &1SE AL4P SYSTEM -- AAAP REF: S:\Plcnning &Zoning\DBMS\File-Gab\Z--LM 7D01--130a\LAi1a53_t3415 9orwick Raad N ,.~,~ SUBJECT ~ 34 ~ ~ ~ARIIV! C K RaA~ _ W.~.-- PRDPERTY ;;~~. PLANNING AND ZONING LOCATION MAP DEPARTMENT MEMORANDUM T0: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAC' 19, 2009 ORDINANCE NO. 14-d9 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of a City initiated annexation (via Agreement for Water Service}, s~na11-scale Future Land Use Map (PLUM} Amendment from County MR-5 {Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential} for 13415 Barwick Road. BACKGROUND At the first reading on May 5, 2009, the Commission passed Ordinance No. 14-09. RECOMMENDATION Recommend approval of Ordinance No. 14-09 on second and final reading. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: April 27, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING Off' MAY 5 2009 ORDINANCE NO. 14-0 ITEM BEFORE COMMI55ION The action before the City Commission is the approval of a voluntary Annexation (via Agreement for Water Service}, Future Land Use Map (PLUM) amendment -small scale from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 dulac) and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Road. BACKGROUND The property under consideration is a 0.88 acre parcel that contains a 4,185 sq. ft. residential structure which has been converted to accommodate an assisted living facility. On December 7, 2007, an Agreement for Water Service, which contains a voluntary annexation clause, was executed for the subject property. Section 7 of the Agreement far Water Service states: "The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor ar amendment thereto". Subsequent to the execution of the agreement, water service was installed. On February 26, 2009, the Planning and Zoning Board initiated the PLUM amendment from County MR-5 {Medium Density Residential 5 units per acre) to City LD (Law Density Residential 0-5 du/ac and rezoning from CountyAR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for the subject property. REVIEW BY OTHERS At its meeting of March 16, 2009, the Planning and Zoning Board considered the Annexation, PLUM amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD {Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1- AAA (Single Family Residential). At that meeting following public testimony, the Board continued the petition at the request of the property owner's representative in order to allow the property owner and representative to meet with staff. At its meeting ofApri120, 2009, the Planning and Zoning Board held a public hearing to reconsider the annexation, Future Land Use Map amendment and rezoning requests. Following the public hearing, the Board voted 5 to 0, to recommend to the City Commission approval of the Annexation, FLUM Amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 dulac), and the initial zoning designation of R-1-AAA (Single Family Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with F.S. 171.044 in that the property is contiguous to the City, reasonably compact and does not create an enclave; 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. Palm Beach County Notice : On February 19, 2009, the Palm Beach County Planning Division was notified of the City's intent to annex this property. The City received a response from the County on March 9, 2009 in which the County acknowledged the request was consistent with Chapter 171 F.S. and that they had no objection. Jnterlocal Plan Amendment Review Committee ~IPARC) Notice: Notice of the Future Land Use Map Amendment was also provided to IPARC which distributes the information to adjacent municipalities. To date, no objections have been received. RECOMMENDATION By motion, approve on first reading Ordinance No. 14-09 providing for the voluntary annexation (via Agreement for Water Service) and City-initiated Future Land Use Map amendment {small scale) from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac), and the initial zoning designation of R-1-AAA (Single Family Residential) for 13415 Barwick Road, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with F.S. 171.044 in that the property is contiguous to the City, reasonably compact and does not create an enclave; 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: Proposed Ordinance 14-09 Planning and Zoning Staff Reports April 20, 2009 and March 15, 2009 ORDINANCE NO. 14-09 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 BARWICK ROAD APPROXIMATELY 1,760 FEET NORTH OF LAKE IDA ROAD, 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DUTAC) 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 R-1 AAA (SINGLE FAMILY RESIDENTIAL); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Edmond Etienne and Kettly Etienne are the fee simple owners of a 0.88 acre parcel of land located on the west side of Barwick Road, approximately 1,760 feet north of Lake Ida Road (13415 Barwick Road); and WHEREAS, pursuant to the Agreement for Water Service executed on December 7, 2007, 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 MR-5 (Medium Density Residential, 5 units per acre); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is LD (Low Density Residential 0-5 dulac}; and WHEREAS, the City`s FLUM designafiions 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 Develapmenfi 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 April 20, 2009, and voted 5 to 0 to recommend that the annexation be approved with an initial zoning of R- 1AAA (Single Family Residential) and City Future Land Use Map designation of LD (Low Density Residential 0-5 dulac), based upon positive findings; and WHEREAS, pursuant to Florida Statutes 103.3174(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 Cifiy 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 DELRAY 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: The South half of the North two-fifths of the East half of the Southeast quarter of the Southeast quarter of the Northwest quarter of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 40 feet thereof for road right-of--way. 2 Section 3. That the boundaries of the City of Defray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said [and 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 Paws 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 5. That this annexation of the subject property, including adjacent reads, alleys, or the like, if any, shaft not be deemed acceptance by the City of any maintenance responsibility far such roads, alleys, ar the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0~5 dulac). Section 7. 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}3. Section 8 Tha# 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 R-1-AAA (Single Family Residential) as defined by existing ordinances of the City of Delray Beach. Section 9 That all Ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10 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 11. 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 this amendment shall be the date a final order is issued by the Department of Community Affairs, ar the 3 Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. Na 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. 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 4 _..:. p ~OI~T~N~ BO~F~D`Nt~tI~ORAND~.i~V[`STAEF RI=P©RT . ; LANi'diNG AiVD ... , ,. „. ... , .. MEETING OF: APRIL 20, ZfJ49 AGENDA NO: !V. A, AGENDA ITEM: ANNEXATION (VIA AGREEMENT i=OR YVATER SERVICE), SMALL- SGALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR- ~, S {MEDIUM DENSITY RESIDENTIAL 5 UNITS PER ACRE) TO CITY LD (LOVI1 DENSITY RESIDENTIAL D-5 DUTAC) AND REZONING FROM COUNTY AR (AGRICULTURAL RESIDENTIAL} TO CITY R-1 AAA SINGLE FAMILY RESIDENTIAL} FOR 93415 BARWiCK ROAD. ~QUASI~.lUDICIAL HEARING) ... ~`~ ~..;`` MTEiIUiL BEFORE TH~B~,~RC~ . .. The action before the Board is that of making a recommendation to the City Commission on an Annexation (Via Agreement for Water Service}, Future Land Use tVlap (PLUM) Amendment from County MR-5 (Medium Density Residentia! ~ units per acre) to Gity LD (Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-9 AAA (Single Family Residential) far a 0.88 acre parcel located on 13415 Barwick Road. Pursuant to Land Development Regulations (LDR) 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 PLUM amendment and Rezoning of any property within the City. .. . ~B~GKGI~Ot~ND The subject property is 0.88 acres located at 13415 Barwick Road. The property is located on the west side of Barwick Road, approximately 9,76[} feet north of Lake Ida Road. It is hounded to the north and south by single family homes within the City of Delray Beach. To the west is a fve acre tract which contains a single family residence and to the east is the Sabal Lakes subdivision. The subject property consists of one parcel which is privately owned and contains a 4,185 sq. ft. residential structure which has been converted to accommodate an assisted living facility. On December 7, 2007, an Agreement for Water Service, which contains a v©luntary annexation clause, was executed for the subject property. Section 7 of the Agreement for Water Service states: "The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 179.044 of the Florida Statutes or any successor or amendment .thereto". Subsequent to the execution of the agreement, water service was installed. The subject property is currently under the jurisdiction of Palm Beach County and it is in a designated annexation area for the City of Delray Beach, Annexation Area "E" (the North Military Trail Area, north of Lake lda Read), as noted in the Future Land Use Element policy B- 3.5 of the Comprehensive Plan. item: IV.A Planning and Zoning Board Meeting of Aprii 20, 2009 Merr~orandurn Staff Report 13415 Barwick Road --Annexation with Initial Zoning of R-1-AAA and Smai!-Scale i=LUM Amendment of LD (Lovu Density Residential 0-5 dulac) ©n February 26, 2009, the Planning and Zoning Board initiated the PLUM amendment from County MR-5 {Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 dulac and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for the subject property. On March 16, 20i79, the Planning and Zoning Board considered the Annexation, FLUM amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD {Low Density Residential 0-5 dulac} and rezoning from County AR {Agricultural Residential) #o City R-1-AAA (Single Family Residential}. At that meeting following public testimony, the Board continued the petition at the request of the property owner's representative in order to allow the property owner and representative to meet with staff. :. - ~:. ,- :. _':.~TMDING.SIa,SSES5MENt ....: - . ~ :.: .:... The item before the Board remains unchanged and seeks a recommendation to the City Commission pertaining to the Annexation (Via Agreement for Water Service), lsuture Land Use Map (FLUM) Amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0,5 dulac) and rezoning from County AR (Agricultural Residential) to City R-1-AAA {Single Family Residential) for the subject property. The findings that the request and approval thereof is consistent with F.S. 171.044 in that the property is contiguous to the City, reasonably compact and does not create an enclave, consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5}, 3.1.1 and 3.2.2 of the Land Development Regulations as identified in the Planning and Zoning Board Staff Report of March 16, 2009, are incorporated herein. Pertaining to the Analysis and Assessment please refer to the Planning and Zoning Board Staff Report of March 16, 2009. ~~, .:. •: .-.; : ~ ....: :AL.fiERf1[ATIVE A~tIC~~S. .~:,; A. Continue with direction. B. Move a recommendation of approval to the City Commission for the Annexation, FLUM Amendment from County MR-5 (Medium Density Residential.5 units per acre) to City LD (Low Density Residential 0-5 dulac), and the initial zoning designation of R-1-AAA (Single Family Residential) 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 F.S. 171.044 in that the property is contiguous to the City, reasonably compact and dues not create an enclave; consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D){5}, 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Carr~mission for the Annexation, I,=LUM Amendment from County MR_5 (Medium Density Residential 0 units per acre) to City LD .(Low Density Residential 0-5 dulac}, and the initial zoning designation of R-1-AAA (Single Family Residential} for. the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with 1r:5. 171.044; inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5{D} (5), 3.1.1 and 3.2.2 of the Land Development Regulations. 2 Planning and Zoning Board Meeting of April 2p, 2at39 Memarandurn Staff Report . 13415 Barwick Road -Annexation with Initial Zoning of R-1,AAA and Small-Scale FLUM Amendment of LD (Low Density Residential p_5 dulac} .. `: . REGO~V[MENDED-AC~I©N.S .....; .. ._ Move a recommendation of approval to the City Commission far the Annexation, FLUM Amendment firom Gounty MR-5 {Medium Density Residential ~ units per acre} to City LD {Low Density Residential q-5 dulac}, and the initial zoning designation of R-1-AAA (single Family Residential) for the subject property, by adapting the findings of fact and iaw con#ained in the staff report, and finding that the request is consistent with F.S. 171.844 in that the property is contiguous to the City, reasonably compact and does not create an enclave; consistent with the Comprehensive Pian, 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: ^ Planning and Zoning Board Staff Report of March 16, 20x9 ^ Future Land Uae Map designations ^ Zoning Map Staff Report Prepared ley: ,lasmin Allen, Alarsner 3 H[f;tIGATE ORiVE ~ ~ W Y 4 ° s TM as IN D YE ~ O ~o~ ERN 6RIVE ~r +~y r _.w.lY7"C 'V AFQ7 ~ Q W.' E 9E]ILEY PARK RAMC ~~ ~ p yq ~ ~ MAGNDL[ CIR. .k!~y a ~ LAURELWOC L,y~ .F' ~ ~ 1tDgp ~a' ? p 5ABAL ° O o Q SEA S72APE CI1pCLE ~ ~ ~,~ ~ 4 s^' ~1 QPPK //~J ~ m Y ~ 5. CN[7LIA SEA GRAPE CERR.E LAiVC V CANAL L-31 sT. ~~ O . N.w. 1C'E41 5T. 30~ 0 0 .~ C)S ~ ~ ~, Lan+= ~ N.W. 9n1 sT. O ~ ~ O O O S C041NTRY MANORS RQAU h fy ~ C'T, M 3 ~f z MF3S7D{y~„_ O O G~ O CAfid1NAL VF ~T, p °~- a~ ~ ~y~ % 7AI ~ ~ C9' O LAk» ^ LANE O O~ LJ z a w ~. A K E 1 D A R C A 6TH a Ci. a VA 5kff ~ AVENUE MUNIRESWt CF AvESS e ° ~ pS a V W W S" ~ ¢ CHATEAU PLACE t C ~ Z ~ 4 --- D!!sYTAL Q-0.5E ~E[qP SYS7EM -- MAP REF'_ 5:\Plamimg do Zoning\U6M5\F'Fa-Lab\Z-13d t©03~-1500\LM3LT53~13415 BarNick Road ' ~ FUTURE LAND USE MAP ~~Q~~~T .r.~...._ PLANNING AN6 zoNirsc PROPERTY - 1315 E3ARVIIICK ROAD °~~A~-~">=NT LOCATION iUTAP Q~~ d Q © ®®®~®®I i ~ I I 3y HIGFIGATE DRNE ~ n 'J` dx o °' m NV TR 0 ~ +~ ~ w ~~,° U ERN nRSVe ~ ~~'" z n n 1 ~~sS1G 'OF ARO ~~ ~7'' ~ FFYt FY PARK ~~' ~ PRD ~9j to ldAGNOLIA CIR. ~ a LAtIRE11Y000 ~,4P1E ~ ~ ~ ~ u a: Q `~ c, R0.4b ~~ } d SA6AL ~~ Q ~ i 5E'A GRA CIRCLE /~/~ o \AR ` ~~ ~ ~ ~ a ~y~I ~ P~` ~ ~ ~~~ S MAGNOLIA SEA ptAPE CIRCLE LANC CANAL L-31 N.W. tOTt# ~- N.W. Q O t1 N.YL 30 5'f. ~4 V ~ 'fro W ~ ~ o ~ O ~ LANE' N.YL 8711 ST, ° o ~~ ~ m COUNTRY MANORS ROAD cr, " ~hEAOO -cyi, O ~ ~Ugryip ~ cARnAlq>_ t ~ ~ ~hr 3x ~ ~ ~'r. O ~ O LANE O ~+~ LL LAKE t D A R O A 13 6Ty 4 CT. ~ 'W.6TN ~ AVENUE MONTRESOR AVF.NIIE ~ ti p D ~ ~ A ~ m ~ 3 ~ r~~l 6 ~ ~ ~. •~ ¢ CHATEAU PLACE VA ~ t # ~ ~ a y z z -_ pIGITAL ~IS'E h.64P 5"F57EM ,- MAP REF: S:\Planning d¢ Zoning\DBMS\FIe--Cab\Z-EM 70tY1-1500\LM1053~'13+45 BarwSck Rand r ~ ZO 1 V ~ l ~tL7 ltl1A"1~ SUBJECT J~ PLANNING AND ZONENG ' PROPERTY 13415 WARWICK ROAD T1u1~NT bEPAR LOCATION MAP PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- NlEETlNG DATE: AGENDA ITEM: ITEM: GEN E1~AL DATA: Owner........---•-._.. March 16, 20(39 V.A Annexation (via Agreement for 1Nater Service), small-scale Future Land Use Map Amendment from County MR-5 {Medium Density Residential 5 units per acre) to City LD {Low ©ensity Residen#ial 0-5 dulac) and rezoning frorr~ County AR {Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Raad. (Quasi-Judicial Hearing) Location. ..................................... Property Size .............................. Existing Future Land Use Map ................ Proposed Future Land Use Map Current Zoning ........................... Proposed Zoning Adjacent Zoning. ...............North East: South: West: Existing Land Usd ...................... Proposed Land Use .................... Vllater Service ............................. Sewer Service ............................ Emond Etienne and Kettly Etienne Located on the west side of Barwick Rvad, approximately 1,76© feet norEh of Lake lda Road 0.88 Acres County - MR-5 (Medium Density Residential -5 units per acre) City - LD(Low Density Residential 0- 5 dulac) . County - AR (Agricultural Residential) City - ft-1 AAA (Single Family Residential) R-1 AAA (Single Family Residential) PRD (Planned Residential Deveiopment) R-1-AAA (Single Family Residential) County - AR (Agricultural Residential) Assisted Living Facility Assisted Living Facility Existing on site. Septic system existing on-site v.a. :~ :.~. _ The action before the Board is that of making a recommendation to the City Commission on a volurrtary Annexation, Future Land Use Map (PLUM) Amendment from County MRS (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 dulac) and rezoning from County AR (Agricultural Residential) t© City R-1-AAA (Single Family Residential) fora 0.88 acre parce! located on 13415 Barwick Road. Pursuant to t~and Development Regulations {LDR} Section 22.2{E) (6), the Local Planning Agency {Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a PLUM amendment and Rezoning of any property within the City. The subject properly is 0.88 acres located at 13415 Barwick Road. The property is located an the west side of Barwick Road, approximately 1,760 feet north of Lake lda Road. It is bounded to the north and south by single family homes within the City of Delray Beach. To the west is a foe acre tract which contains a single family residence and to the east is the 5abal Lakes subdivision. The suiaject property consists of one parcel which is privately owned and contains a 4,185 sq. ft. residential structure which has been converted to accommodate an assisted living facility. On December 7, 2007, an Agreement for Water Service, which contains a voluntary annexation clause, was executed for the subject property. Section 7 of the Agreement for VlTater Service states: The CUSTQMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto". SulZSequent to the execution of the agreement, water service was installed. The subject property is currently under the jurisdiction of Palm Beach County and it is in a designated annexation area for the City of Delray Beach, Annexation Area "E" {the North Military Trail Area, north of Lake ]da Road}, as Hated in the Future Land Use Element Policy B- 3.5 of the Comprehensive Plan. The City has an advisory land use designation of LD (Low Density Residential 0-5 dutac) that allows far residential development with a density between zero and hoe units per acre. The Future Land Use map amendment and zoning was initiated by the Planning and Zoning Board at its meeting of February 26, 2009 and thus these appfcations are Haw before the Board far action. . _~, ~ . ~~~ ~~.. Florida Statues Governir~ Volunta Annexati'or~s: Pursuanfi 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} "]and shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Planning and Zoning Board Me~~ng of March 18, 2flfl9 Staff Report 13415 Barwick Road _ Annexation with Initial Zoning of R-1 AAA and SmallScale F>_UM Amendrnen# of LD (Low Density Residential 0-5 dtjfac} Page 2 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 manmade obstacle that aAows the passage of vehicular traffic to that unincorporated area only through the municipality. The property is contiguous with the City and reasonably compact. The annexation of this parcel does not create an enclave. Land Development Retrulafiions Ga~erniingAnrrexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) '"the owner of ]and may seek the annexation of contiguous property, under his ownership pursuant to Florida Statutes. It is noted that execution of an Agreement for 'Water Service by a property owner is considered a voluntary request for annexation. GL'~NSISTENCY Vli'1TH THE CITY `S COMPREHENSIVE PLAN: Designated annexation area: The territory to be annexed is located within the designa#ed annexation area tlE" located ort the east side of Military Trail north of Lake lda Road. Annexation of the subject territory is consistent with the Future Land Use Element Policy f~- 3.5, which calls for annexation of eligible properties through voluntary annexafions as the opportunities arise; and to address the annexation of improved property which lacks adequate sewer and water facilities through the Palm Beach County Annexation lnr~n#ive Program. CONGURRENCY: Provision of Services: The provision of services to the subject property is discussed under the "Fufure Lard Use Map Amendrnenf Analysis'° section of this report. Financial lmuacfis: Effect u on Annexed Pra e The following table depicts the current assessed value and total (county) taxes for the subject property: pCN TA]CABLE AY7YALPREh1 NON.ACSVAL. TOTAL C4UNiY AUVAL4RE3A T3ON-ACSVAI. CFTf 70TAL 171~E~EN~ NIJMHER VALUE 2009 CRTAXES CP.7AXES CO.TA%66 MfLLAGE OITYTA7(ES CfttTAXES M17U_LAI~ GkTYTA7LE.S 'rC17'AL 5~69,i72.QQ T,9A3.70 5296.40 58,238.74 19.966244 59,515.49 5343.97 211.3239 b9,859.05 $1,619.9: For the 2008 tax year, the subject property had an assessed value of $ 468,172_t?0. With the change from County to City jurisdiction, the fallowing taxes and rates will be affected: Planning and Zoning Board Me~~ing of March 16, 2009 Staff Report 13415 Barwick Road -Annexation with Initial Zaning of R-1-AAA and 5ma11-scale 1=LUM Amendment of LD {Low Density Residential 0-5 dulac) Page 3 AG}VALOREM TAXES COUNTY TAXES CDUNTY MILEAGE WITH ANNEXATION CITY TAXES CITY MILEAGE FirelRescue MSTU 1,381.11 2.95 DELETE 0.00 0.0000 Palm Beach Coup Lib. 232.58 0.497 DELETE 0.00 0.{}000 Paint Beach Co.Lib.Debt 21.40 0.0457 DELETE 0.00 0.0000 Florida inland Nave ativn 16.15 OA345 16.15 OA345 Health Gare District 46'7.00 0.9975 467.00 0.9975 Palm Beach Cvun 1,770.21 3.7811 1,770.21 3.7811 Palm Beach Coun Debt $6.38 0.1845 86.38 0.4$45 Children Service Council 281.32 0.6009 . 284.32 0.60fl9 Public Schools BY State Law 2,293.11 4.898 2,293,11 4.888 Public Schools Loc.Board 1,101.61 2.353 1,101.61 2.353 SFWMD District 250.28 0.5346 250.28 0.5346 SFWMD Eve lades Const 41.85 0.0894 41.85 O.Q894 Ci of Delra Beach Added (Ci) 2,991.62 6.390(1 City of Delra Beach Debt Added Ci ) 215.55 0.46fl4 SUB TOTAL 7,943.70 76.966200 Difference" 9,575.U8 2fl.3239 ~ 3.3577 ~ * Total tax millage in the county is 16.9662 mills while in the crty the total millage is 20.3239 mills. Therefore the difference is 3.3577 mills. Under County jurisdiction, the current yearly ad valorem taxes are $7,913.1 a. With annexation, the yearly ad va€orem taxes will be $9,515.08 - a tax difference: of $1,619.95. The following Non Ad Valorem taxes will continue to be applied to the property: So}id Waste Authority -The Barwick Road annexation area is serviced under a contract by V1(aste Management {pursuant to a confront awarded ~ctaber 1, 2p03 and subsequently amended July 2, 2(308). 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. Thus, the waste service provider will not Change with annexation. Lake Worth Drainage Qisfrict -- The Lake Worth ©rainage District manages the water resources in southeast Palm Beach County and is supported by an annual non-ad valorem assessment. This fee will remain the same with annexation. The following new non-ad valorem tax gill apply upon annexation: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the structures, buildings, parking areas, etc. if the property is developed as a multiple family complex or is subdivided far residential purposes, an assessment of $63.96 per unit would be applied. A 250/° discount from the assessment is available since the property is within the Lake Worth Drainage District. An additional 25% may be available if drainage is retained on site. Planning and Zoning Board McG~~ng of March 16, 2Q09 Staff Report 13445 Barwick Rand -- Annexafiion with Initial Zoning of R 1-AAA and Small-5cafe PLUM Amendment of LD (Law Density Residential 0-5 duJac} Page 4 SUMMARY OF TOTAL TAXES ON THE PROPERTY 1N1TH ANNEXATION AD VALOREIIII TAXES 2408 $9,515A8 NON AD VALOREM TAXES 2008 Stormwater Assessment $47.97 Solid Waste Coliectian $258.OQ Lake Worth Drains a District $38.Of3 TOTAL TAXES $9,859.45 SERVICE CONSIDERATIONS Faster response based on proximity of fire FEre Response ~. station Emergency Medical Faster response based on proximity of fire Services (EMS ~ StatlQn Better response used upon more ofF~cers Police -~ in field; 44 patrol) cars per shift daytime, 15 patrnll cars during the night. Pro-acctive us reactive r~pportunity to warlc Code Enforcement + with property owners. Fiscal Impacts to the Cam: At the 2QC?812t199 City operating millage of 6.39ai7 mills and debt rate of 0.461)4 mills, the property will generate approximately $3,297.17 in new ad valorem takes per year and $343.97 (non ad valorem taxes} for a total of $3,551.'14. Additional revenues will be reaCized through the annual collection of the storm water assessment fee as well as Communication Service Tax (Cable and Telephone of 5.22%); Electric and Gas Tax of 1©% and UtClity 1=ranchise Fee on Electric of 6°l°. ~~• .... ... .~a.. - ,w ~,~.-, ~~~~.t - ~~ ~- Current Land Use Deli nation: The current Future Land Use Map designation for the property is County MR-5 (Medium Density Residential 5 units per acre). The current City "advlsary° designation is I_D (Low Density Residential 17..5 du/ac). Re nested Land Use Desi nation: The requested Future Land Use Map Designatifln is City t,D (Low Density Residential 0-5 dulac}. Florida Statutes ~i83.3~87..-. Srnafl Scale Land L}se Mari Arr~endments: This Fz~ture Land Use Map Amendment is being processed as small scale development pursuant to Florida Statues 163,3187. This statutes 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 amendment (twice a yearj, subject to the following conditions: • The amendmerrt 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 traffc concurrency exception areas, ar 60 acres annually in areas Tying outside the designated areas; and, Planning and Zoning Board Me~~ng of March 16, 2009 StafF Report 13415 Barwick Road --Annexation with lnitial Zoning of R-1-AAA and Small-Scale r+LUM Amendment of LD {Low Density Residential 0-S dufac) Page 5 • The proposed amendment does not involve the same property, or the same owner's property with}n 200' feet o€ property, granted a Change within a period of twelve months. • That if the proposed amendment involves a residential land use, the residential }and use has a density of 1 C3 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infil}, urban redevelopment, or downtown revitalization; • The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for asite-specific small scale development activity; and, • The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 0.88 acre site, thus the total area is less than the 10 acres maximum. The property is not located within a designated redevelopment area or traffic concurrency exception area. The proposed amendment to Single Family Residential (R-1-AAA) is deemed compatible with the IwD (Low Density Residential 0~5 dulac) Future Land Use Map Designation. Given the adjacent development pattern and proximity of the subject property to the existing single family uses to the north and south these designations are appropriate. This is the first small-scale amendment processed this year thus the maximum of 60 acres will not be exceeded. This property has not previously been considered far a City Land Use Map arr~endment nor has the same property owner=s properties been granted a City land use change within 200' feet, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FLUM amendment can be processed as a small scale amendment. Consistency Between the City a!nd County Land Use iesignations: The proposed City Land Use Map Designation #or the property is LD (Low Density Residential 0-5 du/ac). The existing County Future Land Use Map Designation for the property is MRS (Medium Density Residential 5 units per acre)_ The proposed LD (Law Density Residential 0- 5dulac) is consistent with the County's designation as both provides fora maximum density of 5 units per acre. The City's FLUM designation as initially contained on the City's Future Land llse Map adopted by Ordinance 132-89 in November 1989, are deemed to be advisory anti} an official Future Land Use Map Amendment is processed. pdiacent t.and Use MaA Desiunations and Land Uses: The following zoning designations and uses abut the sul3ject property: ~,a"~Rd Use Ma DeSi rrafiAns CI'Se North; LD {Low Density 0-5 dulac) Sir}gle Family Residence South; LD Low Densi a-5 dulac Sin le 1=amil Residence East; MD {Medium Density Residential5-12 dulac) Single Family Residence ~~~ tlnincorporated Palm Beach County (MR-a Medium Densi Residential 5 units er acre Single Family Residence The subject properky was developed as a single family residence and was recently converted to an assisted living facility accommodating 5 residents. Group Homes, Type 1 are allowed as Planning and zoning Board Me~~ng of March 18,.2008 Staff Report 134'f5 Barwick Road -Annexation with Initial zoning of R-1-AAA and SmaE{-Scale FLUM~Amendrr3entof LI7 (Low Density Residential 0~5 dulac) Page 6 a principal {permitted) use within the R-1-AAA ©istrict, pursuant to restrictions set forth in Section 4.3.3(1). The Group Home Type I allows for a maximum of six residents. This facility is similar to an assisted Living facility. Thus the existing use is allowed under the proposed R-I- AAA zoning category. ' REQUIRED FINf~INGS: LAND DEVELOPMENT REGULATIONS +CHAPTER 3: Pursuant to LDR Section 3.1.'l, prior to approval of Land Use applications, certain findings mus# be made in a form which 'rs part of the official record. This may lie achieved through iinformation 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 {PLUM), Concurrency, Comprehensive Plan Gonsistency, and Compliance with the Land Development Regulations. C3 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. The proposed Single Family Residential (R-1-AAA) zoning district is consistent with the proposed LD {Low Density Residential Q-5 dulac}. The LD (Law Density Residential 0-5 dulac} is typically applied to fend which is developed or to be developed, at a density of five units per acre or Less. Such land is usually developed for single family purposes_ Based on the above, positive Endings can be made with respect to PLUM consistency. © Concurrency: Development at the h"rghest intensity passible under the requested designation can meet the adopted concurrency standards. 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 8-3.1 }_ The proposal involves amending the PLUM designation from County MR-5 (Medium Density Residential 5 units per acre} to City LD (Low Density Residential Q-5 du/ac} on a ©.88 acre-parcel. Goncurrency findings with respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are discussed below: Barks and Recreation: The City provides 127 acres of activity based recreation facilities such as Tennis, baseball, basket ball, soft bail and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating, picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. The City of Delray Beach provides a ratio of eight ($) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,OD0 people. This indicates that the City will have sufficient recreation faclities to accommodate any additional increase in the number of residents anticipated from this subject property. Planning and Zoning l3aard Mec~+ng of March 76, 2Q09 Staff Report 134'i5 >3arwiclc Raad _ Annexation with Initial Zoning of R-1 AAA and Small-Scale PLUM Amendment of LD (Law Density Residential ~-5 du/ac) Page 7 Police: This property is currently serviced by the Palm Beach Coun#y Sheriff's Office, located at 315 South Congress, which serves the South County area. The subject property lies within Sheriff patrol zone 4. Zane 4 is bordered by Fl Clair Ranch Road on the west, the Atlantic Ocean on fhe east, Boynton Beach City limit an the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be obtained from "Cover Cars" which patrol throughout zones randomly, depending an their availability in South County during that time. The City of Delray Beach's Police Department has 1~4 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 manpov+ier as the City patrols the area currently in the city to the north, south, east, and west. Fire and Emercrency Services: The subject parcel will be served by Fire Station No. 4 (Barwick & Lake Ida Roads}. Vilith annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian SpringslMilitary Trail and Woolbright Road} to approximately 3 minutes fiar the City`s Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads}. The annexation of this property will not require additional manpower. Wafer. Municipal water service is available via connection to a 12" water main located along Barwick Road. The site currently receives City water services. Sewer. Sewer service exists along 133` Road South. This parcel along with four o#her one (1} acre properties to the north and south are served by individual septic systems. It is not in the City's five year plan to extend sewer services to the five (5} single family residences located on Barwick Road, south of 133' Raad South. Individual properties owners can opt to install sewer service at their own cost. Pursuant to the Gomprehensive Plan, treatment capacity is available at the South Central County Waste Wafer Treatment Plant for the City at build-out. Sfreets: The property can be accessed via Barwick Road. Barwick Road is under the jurisdiction of the City and the associated maintenance responsibility will not change upon annexation. Solid Wasee: The subject property contains an assisted living facility (5 residents) and therefore has a minor impact on this level of service standard. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, with annexation. ^ Consistency; The requested designation is consistent with the goals, objectives and policies ofi the meet recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Fufure Land Use Element Pollc A-7.7:.4mendmenfs #a fhe FLUN! musf 6e based upon Elie findings listed below, and must be supported by dafa and analyses fhraf demonstrate compliance wifh tf~ese findings.- Planning and Zoning Board Mee.~~ng of March 16, 20f}9 Staff Report 13415 Barwick Road -Annexation with Initial Zoning of R-'[-AAA and Srnaff-Scale FLl1M Amendment of LD (Low Density Residential ©-5 du/ac) Page 8 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 yr 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 #o requests for fibs I=LUM designations of Conservation or Recreation and C}pen Space; nor shall i# 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 tv the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal is associated with the annexation of this unincorporated property and requires changing the FLUM designation from County to City. The cun'ent County FLUM designation is MR 5 (Medium Derlslty Residential 5 units are acre) and the City designation is LD (Low Density Residential 0-5 dulac}, which allows assisted living facilities (Group Homes, Type I). As the City's FLUM designation is being applied as part of an annexation, the requirement to provide justification for the demonstrated need does not apply. It is noted that the proposed R-1-AAA designation would allow the same density (0-~ dulac} as the one currently allow under the county designation of (MR-5). Future Land. Use F7emenf Ob ecfive A-7: Property shall be developed ar redeveloped in a manner so that fhe futcrre use and intensify is apprapria#e irr terms of sail, topographic and other applicable physical considerations; is complimentary fo adjacent land 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. Under the Goun#y MR-a FLUM designation, a range of 0 to 5 dulac is allowed. The requested LD (Low Density), FLUM designation and zoning designation of R-1-AAA will be compatible with the adjacent single family development patterns to the north and south. Cam atibill -The requested designation will be compatible with the existing and . future land uses of fibs surrounding area. The proposed Single Family Residential (R-1-AAA) zoning district is consistent with the prevailing land use patterns. Consequently, compatibility with the abutting law density residential properties tv the north and to the south {single family homes) is not a concern. Compliance -- 1]evelnprnent under the requested designafiion will comply with the provisions and requirements of tl~e Land Development Regulations. At this time no issues have been identified which would indicate non-compliance of the subject property with the requirements of the R-'IAAA zoning district. Any future redevelopment of the subject praperky will be reviewed for compliance with the L©Rs during fide building permit process. Planning and Zoning Board Me~.L~ng of March 16, 2009 Staff Report 13+15 Barwic[c Road - Annexation witl-r initial Zoning of R-1 AAA and Srr~all-Scale FLUM Amendment of LD {Low Density Residentia! 0-5 dulac} Page 9 - -,~ --~ a-~ ,~-- ~ Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDRs were previously discussed under the ~Fufure 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 R-1-AAA {Single Family Residentia{) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: City of Delray Beach (R-1-AAA) to the north and south; City of Delray Beach PRD (Planned Residential Development) to the east; Palm Beach County AR (Agricultural Residential) to the west. COMPREHENSIVE PLAN POLICIES: Previr~usly discussed under the "Future Land Use Map Amendment Analysts" section of this report. REQUIRED FINDING5: (Chapter 3) Previously discussed under the °Futurs Land (1se Map Amendment Analysis" section of this report. COMPLIANCE WITH IwAND DEVELOPMENT REGULATIONS. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3,2,2, along with the required findings in LDR Section 2.+4.5(©) ('S}, 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. 5ectiian 3.2.2 (Standards for Rezoning Actionsl: Standard "A", "B", "C", and ~E" are not applicable with respect to this rezoning request, The 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 rr~ay occur, that sufficient reg~l~tions exist t4 properly mitigate adverse impacts from the new use. The proposed Single Family Residential (R-1 AAA) zoning district is consistent with the proposed LD Land Use designation (Low Density Residential 4-5 dulac). The LD (Low Density Residential 0-5 dulac) is typically applied to land which is developed or to be developed, at a density of five units per acre or less. Given the adjacent development pattern it seems appropriate to recommend a Future Land Use designation of l_D (Low Density Residential Q-5 dulac) and zoning of R-1-AAA. Consequently, the request is compatible with the abutting low density residential properties to the north and to the south. Planning and zoning Board M.e~..~ng of March '16, 2009 Staff Repark 'l34'f5 Barwick Raad -Annexation with ]nitial Zoning ol: R_t AAA and SmapScale FLUM Amendment of LD {Low Density Residential 0-5 dulac} Page '10 The following zoning designations and uses border the property; Zanin Desi nation ~ Use North: R-~-AAA {Single Family Residential) Single Family Residence South: R-1-AAA (Sin le Family Residential) Sin le Famil Residence East: PRD (Planned Residential Development) Single Family Residence ~~~ Unincorporated Paim Beach County {AR A ricultural Residential Single Family Residence Section 2.4.5 {D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 {D) {~}, in addition to provisions of Chapter Three, the City Commission nnust 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 {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 andlar neighborhood. Items mob" and "c" are the basis for v~rhich the rezoning should be granted. The property is in the ur~incarporated area of Palm Beach County. However, it is also within the City of Delray Beach reserve annexation area. As the property is being annexed it is appropriate to apply City Land Use and zoning designations. The proposed FLUM amendment to LD {Low Density 0-5 dulac) and R-1 AAA {Single Family Residential) zoning are deemed compatible with the existing land use designations and the adjacent development pattern and zoning designations. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D){5). - ~: - ~ ~ .. _ ~. ~, _. ... ._ m .M._..~_~-..-.-. ~, - ~ - The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) ar Downtown Development Authority {DDA). Palm Beach Gaun Notice: On February 18, 2fl(l9, the Palm Beach County Planning DiVISIOn was notified of the City's intent to annex this property. Palm Beach County has indicated that they have no objection to the proposed annexation. IPARC Notice: an February 24, 2x09, notice of the Future Land Use Amendment has also been provided to the lnfierlocal Plan Amendment Review Committee {IPARC) which distributes the information to adjacent municipalities. No opposition has been noted. Planning and Zoning Board Meting of March 1fi, 2D09 StafF Report 13415 Barwici< Road -Annexation with Initial Zoning of R-1-AAA and Small-Scale FLUM Amendment of LD {Low ©ensity Residential 0-S dulac} Page i 1 Cvurtes Notices: Special courtesy notices were provided tv the following homeowners and civic associations: © Neighborhood Advisory Council ^ Gerald De Poe, Country Manor © Bruce R. Shumer, Sabal Lakes ^ Prime Management Group Inc., Sabal Lakes © Sai Cherch, Barwick Ranch Estates ^ Don Klein, Barwick Estates Public Nofice: Forma[ public notice has been provided to the owner of the subject property as well as property owners within a 500' radius of the subject property. Letters of support or 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 City's LD (Low Density Residential 0-5 dulac) Future Land Use Map Designation is consistent with the County's MR-5 designation in that it is compatible with the existing land use designations and the adjacent development pattern. This Future Land Clse Map designation is being proposed concurrently with a request for initial zoning of R-1-AAA District which is also compatible with the surrounding development pattern. The annexation will provide the parcel with better Police, Fire, EMS and Code Enforcement services. The property will not experience a significant increase in ad valorem taxes. 1f residential redevelopment of the site occurs, the site would be subject to a future park and recreation impact assessment fee. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue Increase is approximately $3,207.17 (ad valorem) and $343.97 (non ad valorem) far a total of $3,551.14 per year. Based upon the above, the proposed Annexation, Future Land Llse Map Amendment and associated Rezoning application should be approved. _ e A. Continue with direction- B. Move a recommendation of approval to the City Commission for the Annexation, FLUM Amendment from County MRS {Medium Density Residential 5 units per acre} to City LD (Low Density Residential D-5 dulac), and the initial zoning designa#ion of R~1-AAA (Single Family Residentiaq for the subject property, by adopting the findings flf fact and law contained in the staff report, and finding that the request and approval thereof is consistent with F.S. '171.044 in that the property is contiguous to the City, reasonably compact and does not create an enclave; consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5{D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Planning and Zoning Board Me...~ng of March 16, 2009 Staff Report 13415 Barwick Road -~ Annexation with initial Zoning of R-1-AAA and S~r-all-Scale 1~LUM Amendment of L~ {Low Density Residential 0-5 duiac) Page 12 C, Move a recommendation of denial to the City Gommissian for the Annexation, FLIJM Amendment from County MR-~ (Medium Density Residential 5 units per acre) to City LD (Low ©ensity Residential 0-5 dulac), and the initial zoning designation of R-1 AAA (single Family Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with F.S. 17'1.1]4.4; inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D} (5), 3.1.1 and 3.2.2 of the Land Development Regulations. ~~ Move a recommendation of approval to the Gity Commission for the Annexation, FLUM Amendment from County MR-5 {Medium Dens'Ety Residential 5 units per acre) to City LD {Low Density Residential q-~ dulac), and the initial zoning designation of R-1 AAA {Singh: Family Residential} for the subject property, by adopting the findings of fact and [aw contained in the staff report, and finding that the request is consistent with 1=.S. 171.fl44 in that the property is contiguous to the City, reasonably compact and does not create an enclave; consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.~(D) (5}, 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Fufrrre Land Use Map designations Zoning Map Staff Report Prepared by: ,lasmin ,Nfen, Planner ° ®®~®®® ~ WGNGAlE ~~ ~ ~ o ° n a ..e f'! RoAU DRIVE uyi +~ LJ ~ ~F/' V{ `'+ I5 ~~ A ~ 9 R ~~5 BEf(LEY PARK R 5.5BAL ~~ ,~ X ii// V ~ i~WGMOLI CiR. U ~ ~ ~ LAl7RELWiM L4NF z ~+ ~ u U b: F 5 V ~~ `K y p SABAL K K ~ ~ p SEA GRAPE CIR z ~ i q yi ~ a ~" ~ ~ a QA~ ~ a ~j s. GNDUA SEA GRAPE C~tcLE LAkc vv CANAL L-~ 3'{ O N.lk 10 ST ~D ~~ N'~' ~ 0~ ~ ~ ~4 ~`~ ~~~ 0 ~~ ~ Q p ~.~. g~ s~. cnu~rrn~r kqun aRnAD ~ ~~ ~~`' ct 3 CF ~'DD~p~, O O 2~lRG ~ CARbINAL ~ k; T IL 75H ~ ~ CT, Q LANE iANE O ~I Q z w ~~~~77 LASE EDA ROAp 6ri a c7. ~ .w. 6Di c . ~ AVENUE M(n'71RE54R ~~ AVENUE U ~ ~ w [~ ~~ ~ 3 ~ 4 ~ 1+1 Z V rt d' ~ ~ W CHAT PLACE V v ~ 3 i # m a ~ ~ _- p~.q[ ~~' M(qp ~Fjt/ -~-- HfAP RET 5:\Planning & Zoning\DBkIS\FSe-Cab~2-la! 1003-150D\LM10"a3_'E3415 Bmrrick Road FUTURE LAND USE MAP SUBJECT - ~~ PLANNENG AND ZQNtNG PROPERTY 13415 BARWiCK ROAD DEPARTMENT E.OGAT[ON MAP ®®~~® ~ hAGHCAT1i iuzlvE ~ ~ 0 a R, ~ TR B VE ~J v ~ R~ ERN DRIVE ~ CF D ~~ ~5 @FJfLEY PARK RANCH ~'~ PRD ~9 Y U ~ MA6NCLFA CER v m LRURELWODD I,ApE ~ V ` U V ~ ~J Rp/4p A~ { L 5 } L3 5ABAL C 4 a ~ a O SEA GRAPE IXAC[.E o a ~ a ~< i ~ ~ ~ ~ ~ e~ ~ ~ 4 ~ !~R 5. MAGNOLIk C SEA GRAPE CIRCLE u ~ V 111 ~;l BANAL L-31 Q O ,r ~ ~ N.Yt. 1 ST. N. 14T}i 57 N.W. $ ~ ~y ~ ~ ~ J 5 O '+F. ~ LklyE z 7 ~ ~ ~7 o N_~. ~ ~. N,W. ~ CtlUN'iRY ASANtR35 RpAD C "~ 3 ~y C7; MEAAO u O ~RD ~ ~+RDAVA~, W. > ~ ~ O ~ 84 TM ~ ~ CT, LAKE 1 p A R O A D gT}{ 4 cT: ~ •~• H7F1 Y AVENUE MUlTTRESDR AVF3iUE ~ U ~ ~ ~ o _ ~ C ~ m i ~ ~ ~ g d. ~ ~ Y 4 ~ ATT=AU PLAUE V X ~ ~_ ~ z --- p/GlTAL F~4S£,644P SYSTEM ---~ MAP REF: S:\Pfoiming k Zuafeg\OBMS\Ffle-Ccb\Z-LM 3Q41-75Q0\ilrlT05~_S34T5 Barwick Road " ~ ~T ZO N 1 N G MAP ~~~~ ~_ ptza~p~tl~r ~-• - PLANNING AND ZONING 13495 WARWICK ROAD DEPARTMENT i.OCATION MAP E 0 ui 3 m c b 0 $~ ~ ., ~ti +~ 1 N .~ '~ C7 m CITY 01= QEI~RAY ~~eH'~ :~1. NOTICE OF ANNEXAT(~N~~ ;'~:.::, '. REZONING AND .AND ~~SE ~•.~ CHANGE IraRTHE•: ~':~ ~~~:•~.:: PI~OPERTI(•LOCATED AT:.. . 134'15 BARINICK ROAD ~`` :' The C9y Colnmisslon x19 cartdust a PUb9o Hearin on TUESDAY. MAY 49, 2004, AT 7:00 ANL~: in 1ha CommBshxr Chambers at City Hdl, 400 N.W, tat Rverwe, pelray Beach, Fbrida (or~'~~ ' anyzon9nuatiorl otsuch snea0ng which s~ bythe Illy Commission). At Ihfs mselingtheCity:... . Commission will corrsklar anneocelg this property and adgrting thissmati scale amerldmea7t tQ' ` the Future Land Use MaP o4 the Cornpfehenslve Ptan and the rezoning, The Title of Ihe:. enacting or~nallca Is as tdlovrs: ' • A small scale Patios Land Use Map (FLUFA) amendment FROM County MR-5(Medium OensOy Resitlantial 5 dulae] TD Clly LD (low Dans9y Residential lfb dufaa and rezonLrig FROM Calmly AR (Agriculitual Resident~li €O C1y R-1,4RA51rgls Family Resrclsn0al}for a, 4.08 ~ro property located ~ 13415 Barwick Road En canjunc0on with a voluntary peikWn'far ." ' annexatioa. ' ' ORDfNANCEN0.14tl9 ~... AN ORD9VANCEbFTHE CRY COMMISSION DFTHE CITYOF DELRAI'EEACH, FLORfpA, ANNEXENG Tq THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATEp DN THE:.. WEST SIDE OF BARWICK ROAD APPRO)DMATELY 1,750 FEE€ NORTH 4F LN(E IDA ROAD, AS THE SAME fS MORE PARTTOULARLY t]ESCRIBED HEREIN, WHICH LAND is COMIGUOUS TO F,XiSTING MUNICIPAL LIMITS; REDEFINING THE 80UNDARIES OF THE CI1'YTO INCLUDE SAID LAND; PROVIDING FORTHE RIGHTS AND OBLIGATIONS OP' SAID LANK; AFFI%ING AN OFFIC3At. IAND USE DESIGNATION OF LD (LOW DENSITY RI;SlCENfVd. 0.5 OUlAC] FOR SAID LANb 70 7HE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENStYE PLAN; EiEOTING TO PRDCEED UNDER THE SINGLE HEARWG ADOPTION pROC•E5S FOR SMALL SCALE LAND USE PLAN AMENDMENTS, PROVIDING FCR THE ZONING THEREOF TO R 1-AAA (SINGLE FAMILY" RESiDENTLAL); pROVIpING A GENERAL. REPEALER CLAUSE, R SAVING CLAUSE, AND AN EFFECTNE DATE. ~ .. ~. . A MAP (not to scelej DEPICTING THE GENERAL LOCATION DF THE AFtOPERTY Tti BE ANNEJfED lS SHOWN 8FJA1A! A COMPLETE LEGAL 6ESCRIPTiDN 45Y LOT ANA SU86MSlONANDlOR METESAND 84UN0.SANDACOPY CF7HE ORDNANCE HEREIN ABgVE NAMEI) CAN BEOBTAINED FROM THE OFFICEOFTHEOITYOLERK, CITY HRLL; ' 100 N.W. iSTRVENUE, DFLRAY BEACFt, FLOFdDA. o ~. CANAL' ~. r~ L''-3t. 1~:'`'di~.:f(i?': T: ~;:r ~'r :i 0 Q ~. :.'rl'~~ O *:. },';:' ~ :,]', ~~~' t Q LAKE I ~0 A~~. i°!?: n~~,:;,,.. {'a':• IZ. O'A 6 ;': ~,.',~j}}{ i All Interested dtizene ate EfNNited to aitehtl 11ie`pubGC haarsi~ and o~riir~rit open the purposed aMlnance or submit (heir comments In vrti0rlg on~'a betnre tlie~date°u€ 0ds' isearing to the: Piam4ingand7,oningDep~tment, Fbrklrth~intdrhrelionorksotifaili`8'aopyoFthaproposad~::.. ~. ordinance, Haase rx:rdact the Plaruting, ~I Zoning C~apartmerK; Coy Hellt`t00 N.W, 1st'., : ,' Auenue, Delray Beach, Ffodda 33&d4 (am's9'at ails)~ci.delraybaach.il.us,;'or by ca0ing.. (581~437D46), between 9re hours aL,&00 a.is; and 5:D0 pm. an weekdays azdudtig'' ' hdidays. :.:i, PLEASE BEAOVISED THAT IPA PERSON TIEClDESTOAPPEALi{NY DEGISIOJ~MADE ~Y THE CflY COMMISSION WITH RESPECT TD ANY MATTER CONSIDERED'AT THIS :: ` HERRING, SUCht PERSON WILL NEED, A VERBATIfN~ RECORD qF THI= PROCEEDINGS; ;':?: ~: AND FOR THIS PURPOSE SUCH PERSON MAY NEED Tq ENSURE FHRT A VERBAT7Hfr:; ;'. RECORD qF THE PROCf~pINGS, ~' MACE,' WHICH. RECORD, WCLUDDS::THE::;~ TESTIPAONYAND EVIDENCE UPON WHI04[ THEAPPEAL I$' BASED. THE CITY DOES;°: NOT PROVIDE OR PREPARE SUCH RECORD PURSUANTTO F.S, 266,O4D5:. :, .,. ; .., ' CITYDFDELRAYBEAC ~• . ', .. ChevaOe p. NiIM~ CMG';". PUBLISFt: Thursday,tday7,2D09...,'.,;...,,::~ ..:,...;'':..~s::.~.~ ~';'.,•: ~::3;:':.~~~: :~.: Ttsursday,Mayf4,2009,:~ ,.`,'.:~ .. - Delray BeacllBoca Raton Nsws ..