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Ord 18-10__ _ _ _ _ ~ ~_ .T rr~ ~'~ m~_ 'sal ~-~ °~ .iq.Sj) ' ~a ~ ~ ~ 4X ~ ~' ~;~ ' •^-~ ~~ ~ t ~_ ~.~ DE4RAY BEACH ~ ~ J®I ~.~ r _ ti~U N.,~V. 1sf A!."f~~L1 r_ F-~ _ ~°` LJ ~~_iiA~ EimA.~~-;, ~-L:.'7 ~3 ~C)T 3~7 `5=v~ J(~. -~J It7O~1 ~c ~~~~ ,~y.~ • u~% E."~ ~-~ AH-AmericaCity ~'""' ~" PT'I ~_f.~ .~._r ,.: ~~ 'C7 ("~7 .}~, E " ~a~! I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do ''~~' '_~_' ~~ r,.~ hereby certify that the attached document is a true and correct copy of r:~ Ordinance No. 18-10, as the same was passed and adopted by the Delray ~7 Beach City Commission in regular session on the 14th day of December, 2010. ~~.:~ ,:~~ IN WITNESS WHEREOF, I have hereunto set my hand and the ~;~ official seal of the City of Delray Beach, Florida, on. this the 15th day of ,~,_~ December 2010. :_..: ~•=.:t i~n C5'.:+ Y=:F ~;::~ L ~ ~ ..._ ~::~ ' Chevelle D. Nubin, CMC i'>,~ ~`~ ~:Y=I City Clerk '~g~' "9"~ City of Delray Beach, Florida '~;~ = ~ ~ o~ r.~~ F~r~ ~~~ F:.lr .~:~ ORDINANCE NO. 18-10 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 AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, RLV Marketplace LP is the fee simple owner of a 30.26 acre parcel of land located at the northwest corner of Military Trail and West Atlantic Avenue; and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on June 18, 2002, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and ~. WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM} designation of CH/8 (Commercial High with an underlying Residential of 8 units per acre); and WHEREAS, the City's FLUM designation as initially contained on the City's Future Land Use Map adapted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Arnendxnent is processed; and WHEREAS pursuant to LDR Section 2.2.2(6}, the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 19, 2010, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detezzxximed that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adapts 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, 'T`HEREFORE, 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: A part of the East three quarters (E ~/a) of the Northeast quarter (NE '/a) of the Southeast quarter (5E'/a) and the West half (W ;/z) of the Southwest quarter (SW'/a) of the Northeast quarter (NE'/a} of the Southeast quarter (5E '/a) of Section 14, Township 4b South, Range 42 East, Palm Beach County, Florida, lying West of the Westerly apparent ultimate.right-of-way line of State Road $09 (Military Trail), said ultimate right-of--way line being 60 feet West of the centerline as shown in Road Plat Book 2 at page 2G, Public Records of Palm Beach County, Florida, being more particularly described as foIlows: For a point of reference commence at the intersection of the Easterly prolongation of the Northerly apparent ultimate right of-way line of Stara Road 806 (West Atlantic Avenue), said apparent ultimate right-of-wa.y line being 60 feet north of the centerline as shown in Road Plat Book 3 at page 26, Public Records of Palm Beach County, Florida, with the Southerly prolongation of the said Westerly ultimate right-of--way line of State Road 809; thence N 0° 5G' 08" W., along said Westerly ultimate right-of--way line, 25.27 feet to the Point of Beginning; thence continue N 0° 5G' 08" W., along said ultimate right of way line, 1282.31 feet to the North line of the said East three quarters (E 3/a} of the Northeast quarter (NE'/a) of the Southeast quarter (SE'/a); thence S 88° 32' 49" W., along said North line, 908.70 feet to the West line of the said East three quarters (E 3/a) of the Northeast quarter (NE '/a) of the Southeast (SE '/a); thence S 0° 05' 05" W., along said West line, 692.44 feet to the North line of the said West half (W '/z) of the Southwest quarter (SW '/a) of the Northeast quarter (NE '/a) of the Southeast quarter (SE '/a); thence S 88° 49' 19" W., along said North line, 334.32 feet to the West line of the said West half (W '/z) of the Southwest quarter (SW '/a) of the Northeast quarter (NE'/a} of the Southeast quarter (SE'/a); thence S 0° 05' S4" W., along said West line, 591.86 feet to the said Northerly apparent ultimate right-af--way line of State Road ORD. NU. 18-14 806; thence N 89° 41' 34" E., along said ultimate tight-of way line, 1240.78 feet; thence N 44° 22' 43" E., 35.55 feet to the said Paint of Beginning. Less that parcel conveyed to Lake Worth Drainage District by Quit Claim Deed recorded in Official Record Baak 3292, Pages 941 and 942 of the Fublic Records of Palm Beach County, Florida. Also, less and except right of-way conveyed to Palm Beach County by right of way warranty deed, dated March 31, 1988, retarded September 22, 1988, in Official Record Book, 5816, page 133, Public Records of Palm Beach County, Florida. Containing 30.26 acres, mare or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the'above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now ox may be subjected, including the Starmwater 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 fat such roads, aIIeys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. Those uses operating within the boundaries of the parcel described as the South 161.33 ft of the West 174.6 ft of the East 1004.6 ft of that part of the Northeast quarter (NE '/s) of the .Southeast quarter {SE '/,) of Section 14, Township 46 South, Range 42 East, lying West of SR $09 & North of SR 806 road tights-af--way, Palm Beach County, Florida, curzendy known as the Ugly Mug, located at 5065 West Atlantic Avenue; in operation in accordance with Palm Beach County Code requirements as of December 14, 2010, are permitted to continue operating under Palm Beach County Code requirements concerning hours of operation for 20 years from the date of adoption of this ordinance. Pxnvided, however, that no expansion of operating hours shall be permitted, unless a like expansion is permitted by the applicable codes of the City of Delray Beach and in no event shall the bouts of operation be reduced below that permitted by the applicable codes of the City of Delray Beach. In any event, all non-conformities with respect to such codes shall cease as December 15, 2030. URD. NU. 18-10 Section 7. The existing building located within the boundaries of the outparcel described as the South 240 feet of the West 152 feet of the East 530 feet anal the North 220 feet of the South 240 feet of the West 20 feet of the East 550 feet of the part of the Northeast quarter (NE '/a) of Southeast quarter (SE '/a) of Section 14, Township 46 South, Range 42 East, lying West of SR 809 and North of SR 80G road rights-of--way, Palm Beach County, Florida, which is currently constructed with a total floor area of 800 square feet may be reconstructed with a minimum Hoar area of 2,000 square feet, notwithstanding the provision of Section 4.4.9(G){3)(e)2., "Minimum Structure Size", of the Land Development Regulations of the City of Delray Beach, which xeciu:ures a minimum floor area of 4,000 square feet; provided, however, that if the shopping center property as a whole is redeveloped in its entirety, this waiver shall na longer be applicable. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. `ghat 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 shaIl become effective immediately upon passage on second and final reading. ~SSED D ADO TED in re the ~ day of 1 ~'~~-~'~-r A T ity Clerk First Readin ~ ~~ Second Readin ~ ~ ~ ~ ~~ gular- session on second and final reading on this 2010.. ~~ MAYOR ORD. NO. 18-10 ANNEXATION BRIEF FOR THE MARKETPLACE OF DELRAY Annexation Name: The Marketplace of Delray Annexation Type: Voluntary Annexation Via Vllater Service Agreement, Land Use Map Designation, and Rezoning Property Control. Number: PCN #s 00-42-46-14-00-000-5010; DO-42-46-14-00-OOD- 550D; OD-42-46-14- Ofl-000-5510; 00-42-46-14-DD-000-5520; OOw42-46-14-DO-ODO-553D; 04- 42- 46-14-DO-000-5540; 00-42-46-14-DD-000-555D; flD-42-46-14-0D-0flD-5560; 00-42-46-14- DO-000-5570; Acres: 30.26 Acres Existing Use: The Marketplace of Delray, an existing shopping center Proposed Use: Same County Future Land Use Map Designation: Commercial High with an underlying residential density of 8 units per acre CH18) City Future Land Use Map Designation: GC (General Commercial) County Zoning: CG (General Commercial} City Zoning: PC {Planned Commercial} Owner's Address: Propert Control Number: Prope Address: ** RLV Marketplace LP PO Box 4900 00-4246-14-00-000-5010 14545 S. Military Trail, Defray Beach, FL Scottsdale AZ 85261 4900 p0-4246-14-00-000- 5500 14529 Military Trail, Defray Beach FL, 00-42.46-14- 00-000-5510 14743 S_ Military Trail, Delray Beach FL, 00-42.46-94-00-000-5530 14701 S. Military Trail, Delray Beach 00-42- 4fi-14-00-000-5540 14683 S. Military Trail, Delray Beach FL 00-42-46-94-00-000-5550 5061 Atlantic Avenue, Delray Beach, FL 00-42-46-'[4-00-000-55fi4 14541 S. Military Trail, Delray Beach, FL 00-42-46-14-QO-000-5570; 5199 Atlantic Avenue, Delray Beach, FL And RLV Marketplace LP PO Box 52427 DO-42-46-14-00-000-5520 5017 Atlantic Avenue, Delray Beach FL, Atlan#a GA 30355 0427 ** Please See Attached Occupancy with Addresses as of December 14, 2©1© First Reading: November 30, 2010 Second Reading: December 14, 2010 Ordinance Number: 1$-10 Location Map: (See Attached) ~arke~Place ~f 13eir~y Ad~re~ses ~uif~ # Tenant Narrre A~fdrress OUTH i~icGc_?nt~ld'~ ~Q~~~33~0 ~~~2F? 5_ lVlilita~~y Trail B24Q Best Wishes Qf Delray 1455 `~. Military Trail #A 8~~0 Lindk~urgers 1455 S, Military Trail. #~ B2~f~ Aiici~'~ ~~mfiart ~°I~©~ ~~pcat 14~~5 ~:_ Milit~iry Trail #C 8210 Lee tVails 14535 S. t~~lilitary Trail #D __ G1~Q _ 1/'~c~nt 14:37 S. Military Trail #~ C1'1`Q F~'ino Tile- '~45a7 S: Military Trail #G __ G1 Q0 _ AAA Auto flub South _ 14539 S. 1Vlilitary Trail #A MAJG t3tFice aept~t #5~7 14539 S. 1Viilitary T~aii # t'VIAJQ Ross Egress ~rar Less #1323 14539 S. Military Trail C DMAJ Dallas Tree: #~4'1 J9. 14539 ~. Military Trail #D B~99 Arr~erican Flair ©esigners 14545 ~ 1111iiitarjr Trail # A B1 ~D Vacant 1.4545- S Military Trail # 818 Nutrition Cutlet X4545 S Military Trail # a B17'D Va~a~t 14545 ~ Military Trail #E B1~0 Vacant 14545 S Military Trail #F 8154 Bird Nest Tree Restaurant ~4v45 S. Military Trail #G B14C1 Shaw borne Furniture ~~sign 14545 ~. Military Trali #H B13t~ UPS Stare -_ _ 1.4545 S. Military Tait #,l. __ 8124 Bean's Quttet X31.1 __ 14555 S. Military Trail B110 Vacant - 145b7 S. Military Trail ~1 Q4 Vacant 14591 S. Military Trait MAJA Winn--Dixie #255 1545 S. Military Trail S~.~ite 144_.. QUTQ Vacant Gas Station _ `#4683 S, Military Tr~~il taUTE FF~iendly's 14741 S. Military Trail C)UTG Wells Fargo EE #142J87 14743 S. Military Trail OIJTF PNC Bank #P946 5017 W~ Atla~~tic Aventae A280 Shear Magic _ 51551/V. Atlat~tir: P;vetiue`All3 A270 Cara Rehabilitation Clinics 5155 VII, Atlantic Avenue #OID A254 1I1(~ight vVatchers 5155 W. Atlantic Avenue #E1F A25~ Vacant 51551111!: Atlantic Avenue #C1Fl C~UTC _. ,: -. Tr~,nsGapital. Banff 5461 W. Atlantic Avert~~e OUTS Ugly Mug 5065 ~N. ?,tla~~tic Avet~u2 A240 Dr; f~ichard Stein, D;D.~. 5175 i11f. Atlantic /-tve A A230 Delray Hearing Aid Center 5175 llli. Atlantic Ave # A220 Knitters Not~k 51751lt1. Atlantic Ave #C A~'[ Q Vacant 5175 i11C. Atlantic. Ave #D A200 Pretty Paws 5175 W. Atlantic Ave # E A1~0 l~e~~iafrist - Dr. lfilayrre Gcaldstein 5175'`11V. Atiaritic Ave # F A15Q Vacant 51 ~5 W. Atlantic. Avenue #A/~ A170 Vacant 519511V: Atlantic Avenue #C A1'fi5 Vacant 51.95 V~_ Atlantic Avenue #D A-`1.50 Vacant 519511~1..Atlantic Avenue #ElF A15~ Flower Market, The 5~ 95 i11t; Atlantic Avenue #H A13[} HaircQler but Dance (Darr~ing _Sc~c~) 51`951111. Atlantic Avenue #1 A120 P~`e-Fcarmence t~of 5.951»1; Atlantic Avenue A110 Enterprise F~ent-R-Dar 51951~f'. Atlantic Avenue #K A100 Napa Cate Catering 5'1:951!11. At~ar~tic Avenge ~~ C~~lTA Greenfield~s an Atlantis 510911V. Atlantic Avenue.. N. w. 3RD 5T. t ~ ~ N.W. 3RD ST. Y Y 11 N.W. R J ~7 Q M NRADY B ~v'1(] ;AKE MZIVE ~ BARRETT 5 II FlV}IC6 pRl 6 ` ~ Q ~ 0.lWDm -RI ~ ~ J ~ FftlWWDDD 0.'21 c77 ~_ a~ c-- a - --- ~- ~~ 0 WEST ATLANTIC j1= AVENUE a b a <. ~ o ~ ~ `o ~EFFENSDN ROAD [] 3 = a ~ ~ ~ ~ ~ ~ u O ~ ulucoul NDAo £STATFS DRIVE ALAMS R~DAD'~'~''~I 1{ itW~ gRCLE WASHINGTIXJ ROAD II a AT[$ DRIVE 0 -- DlC1rAL BASE MAA SYSTEM -- M4P REF: S:\Plgnning & Zan3ng\DBMS\File-Cab\Z-LM 1pa1-15os1\L.µ119oP~lAorketploce of De3ray ~;-~~ >k N ~ Si1BJECT PRO P ERTY MARKETPLACE 4F DELRAY ~ ~- PLANNING AND ZONING DEPARTMENT ~~ ^^ ~~ L~1 LOCATION MAP ae vxoiYaaHi 41-L.LF'IIHVVVA~ ~~ Ntl'Id 33SSCdSd3'I rC'a'21`]3Q 30 -x%y~ ~~ NOS113HSH3~J II® ~ ~~ HJtl"Id.LH}I~MIN OJ64W~i m"°~,~, I6L£ i+~rrs ~u A }pKftlSq •x as ~ p g ~ gg # ~. g t~~ gg " g ! $' ~ ~~ ~ y~' : a Il g S ~ S~ e 3 8 $i . s ~~ .¢~; ~~ ~ ~ ~ . ~. ~a ~.nR as~ ~ i ~ a S9 gi 3 3 ~ 9 u' ''" -__ Q v3 ! _~ $~ -aS~ _3 3 __ 9 ~S 3 a S a v • e S 3 Y~~ 80 ~ 5 ¢ ]i E7 I7 I7 88 .Y pp Y] e __ - ~ ~~ i -4 G ' ~ tl 'a~ 11'd~li A21b'1nIW ~ 3 .s ~ a€ 4 ~1' r ~I z .s. - U R ~ ~ - =-~-~ a ~III~I~lf x..1.1 ~I ~` ^ ~ \~ ~ ~ ~. ~ ~filtl~l ' I ,~~,i;.i~~w s~,~y~Q ~ ~ ~ r I ~~1*rli E f~i I l ! is,~r-~eeav7 ~~ I ~ ~~I~~ j ~.. ~IlllllillllllI =~i ~ ~~ ! 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NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 18-10, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 14th day of December, 2010. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 15th day of December 2010. ~~ ~~~~ Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida (SEAL) SERVICE ' PERFORMANCE ' INTEGRITY ' RESPONSIBLE ' INNOVATIVE ' TEAMWORK 100 N.W. 1st AVENUE r~ ORDINANCE NO. 18-10 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 AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, RLV Marketplace LP is the fee simple owner of a 30.26 acre parcel of land located at the northwest comer of Military Trail and West Atlantic Avenue; and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on June 18, 2002, the City of Dekay Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM) designation of CH/8 (Commercial High with an underlying Residential of 8 units per acre); and WHEREAS, the City's PLUM designation as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 19, 2010, and voted 6 to 0 to recommend annexation, based upon positive findings; and 1• WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further 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 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: A part of the East three quarters (E '/+) of the Northeast quarter (NE '/+) of the Southeast quarter (SE'/+) and the West half (W'/z) of the Southwest quarter (SW'/+) of the Northeast quarter (NE'/+) of the Southeast quarter (SE Y+) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, lying West of the Westerly apparent ultimate,right-of--way line of State Road 809 (Military Trail), said ultimate right-of--way line being 60 feet West of the centerline as shown in Road Plat Book 2 at page 26, Public Records of Palm Beach County, Florida, being more particularly described as follows: For a point of reference commence at the intersection of the Easterly prolongation of the Northerly apparent ultimate right of-way line of State Road 806 (West Atlantic Avenue), said apparent ultimate right-of--way line being 60 feet north of the centerline as shown in Road Plat Book 3 at page 26, Public Records of Palm Beach County, Florida, with the Southerly prolongation of the said Westerly ultimate right-of--way line of State Road 809; thence N 0° 56' 08" W., along said Westerly ultimate right-of--way line, 25.27 feet to the Point of Beginning; thence continue N 0° 5G' 08" W., along said ultimate right of way line, 1282.31 feet to the North line of the said East three quarters (E '/+) of the Northeast quarter (NE '/+) of the Southeast quarter (SE '/+); thence S 88° 32' 49" W., along said North line, 908.70 feet to the West line of the said East three quarters (E '/+) of the Northeast quarter (NE '/+) of the Southeast (SE '/+); thence S 0° 05' 05" W., along said West line, 692.44 feet to the North line of the said West half (W '/z) of the Southwest quarter (SW '/+) of the Northeast quarter (NE '/+) of the Southeast quarter (SE '/+); thence S 88° 49' 19" W., along said North line, 334.32 feet to the West line of the said West half (W '/z) of the Southwest quarter (SW '/+) of the Northeast quarter (NE'/.) of the Southeast quarter (SE'/+); thence S 0° 05' S4" W., along said West line, 591.86 feet to the said Northerly apparent ultimate right-of--way line of State Road URD. NU. 18-10 806; thence N 89° 41' 34" E., along said ultimate right-of--way line, 1240.78 feet; thence N 44° 22' 43" E., 35.55 feet to the said Point of Beginning. Less that parcel conveyed to Lake Worth Drainage District by Quit Claim Deed recorded in Official Record Book 3292, Pages 941 and 942 of the Public Records of Palm Beach County, Florida. Also, less and except right-of--way conveyed to Palm Beach County by right of way warranty deed, dated March 31, 1988, recorded September 22, 1988, in Official Record Book, 5816, page 133, Public Records of Palm Beach County, Florida. Containing 30.26 acres, more or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of 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. Those uses operating within the boundaries of the parcel described as the South 161.33 ft of the West 174.6 ft of the East 1004.6 ft of that part of the Northeast quarter (NE '/+) of the .Southeast quarter (SE '/+) of Section 14, Township 46 South, Range 42 East, lying West of SR 809 & North of SR 806 road rights-of--way, Palm Beach County, Florida, currently known as the Ugly Mug, located at 5065 West Atlantic Avenue; in operation in accordance with Palm Beach County Code requirements as of December 14, 2010, are permitted to continue operating under Palm Beach County Code requirements concerning hours of operation for 20 years from the date of adoption of this ordinance. Provided, however, that no expansion of operating hours shall be permitted, unless a like expansion is pernutted by the applicable codes of the City of Delray Beach and in no event shall the hours of operation be reduced below that permitted by the applicable codes of the City of Delray Beach. In any event, all non-conformities with respect to such codes shall cease as December 15, 2030. ORD. NO. 18-10 Section 7. The existing building located within the boundaries of the outparcel described as the South 240 feet of the West 152 feet of the East 530 feet and the North 220 feet of the South 240 feet of the West 20 feet of the East 550 feet of the part of the Northeast quarter (NE '/+) of Southeast quarter (SE '/,) of Section 14, Township 46 South, Range 42 East, lying West of SR 809 and North of SR 806 road rights-oE way, Palm Beach County, Florida, which is currently constructed with a total floor area of 800 square feet may be reconstructed with a minimum floor area of 2,000 square feet, notwithstanding the provision of Section 4.4.9(G)(3)(e)2., "Minimum Structure Size", of the Land Development Regulations of the City of Delray Beach, which requires a minimum floor area of 4,000 square feet; provided, however, that if the shopping center property as a whole is redeveloped in its entirety, this waiver shall no longer be applicable. 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 immediately upon passage on second and final reading. P SSED D ADO~D in re the day of ~ 1 ~'~~~'~.r , A T ity Clerk ' ~'~""'~ First Readin .~ ~~ Second Readin ~ ~ ~ `f ~~ gulag session on second and final reading on this 2010. ~5n/1. MAYOR URD. NU. 18-10 :. ANNEXATION BRIEF FOR THE MARKETPLACE OF DELRAY Annexation Name: The Marketplace of Delray Annexation Type: Voluntary Annexation Via Water Service Agreement, Land Use Map Designation, and Rezoning Progerty Control Number: PCN #s 00-42-46-14-00-000-5010; 00-42-46-14-00-000- 5500; 00-42-46-14- 00-000-5510; 00-42-46-14-00-000-5520; 00-42-46-14-00-000-5530; 00- 42- 46-14-00-000-5540; 00-42-46-14-00-000-5550; 00-42-46-14-00-000-5560; 00-42-46-14- 00-000-5570; Acres: 30.26 Acres Existing Use: The Marketplace of Delray, an existing shopping center Proposed Use: Same County Future Land Use Map Designation: City Future Land Use Map Designation: County Zoning: City Zoning: Commercial High with an underlying residential density of 8 units per acre CH/8) GC (General Commercial) CG (General Commercial) PC (Planned Commercial) Owner's Address: Pro a Control Number: Pro a Address: ** RLV Marketplace LP PO Box 4900 00-42-46-14-00-000-5010 14545 S. Military Trail, Delray Beach, FL Scottsdale AZ 85261 4900 00-42-46-14-00-000- 5500 14529 Military Trail, Delray Beach FL, 00~2~6-14- 00-000-5510 14743 S. Military Trail, Delray Beach FL, 00-426-14-00-000-5530 14701 S. Military Trail, Delray Beach 00-42- 46-14-00-000-5540 14683 S. Military Trail, Delray Beach FL 00~2~6-14-00-000-5550 5061 Atlantic Avenue, Delray Beach, FL 00-42-46-14-00-000-5560 14641 S. Military Trail, Delray Beach, FL 002.46-14-00-000-5570; 5199 Atlantic Avenue, Delray Beach, FL And RLV Marketplace LP PO Box 52427 002.46-14-00-000-5520 5017 Atlantic Avenue, Delray Beach FL, Atlanta GA 30355 0427 ** Please See Attached Occupancy with Addresses as of December 14, 2010 a Marketplace of Delray Addresses Suite # OUTH B240 B230 B220 B210 C120 C110 C100 MAJ C MAJ B DMAJ B200 6190 B180 '~B170 IB160 6150 B140 B130 B120 B110 B100 MAJA OUTS OUTG Tenant Name ., McDonald's #0090390 Best Wishes of Delray Lindburgers Alicia's Comfort Shoe Depot Lee Nails Pino Tile AAA Auto Club South Office Depot #597 Ross Dress for Less #1328 Dollar Tree #4199 American Hair Designers Nutrition Outlet Vacant Vacant Bird Nest Tree Restaurant Show Home Furniture Design UPS Store Beall's Outlet #311 scant u 'inn-Dixie #255 scant Gas Station Friendly's Wells Fargo BE #142987 PNC Bank #P946 Shear Magic Cora Rehabilitation Clinics Weight Watchers OUTC TransCapital Bank OUTB Ugly Mug Address 14529 S. Military Trail 14535 S. Military Trail #A 14535 S. Military Trail #B 14535 S. Military Trail #C 14535 S. Military Trail #D 14537 S. Military Trail #B 14537 S. Military Trail #C 14539 S. Military Trail #A 14539 S. Military Trail #B 14539 S. Military Trail #C 14539 S. Military Trail #D 14545 S Military Trail # A 14545 S Military Trail #C 14545 S Military Trail # D 14545 S Military Trail #E 14545 S Military Trail #F 14545 S. Military Trail #G 14545 S. Military Trail #H 1,14545 S. Military Trail #J 14555 S. Military Trail ~~. 14587 S. Military Trail __ 14591 S. Military Trail 14595 S. Military Trail Suite 100 14683 S. Military Trail 14701 S. Military Trail 14743 S. Military Trail 5017 W. Atlantic Avenue 5155 W. Atlantic Avenue #A/B 5155 W. Atlantic Avenue #C/D 5155 W. Atlantic Avenue #E/F 5155 W. Atlantic Avenue #G/H 5061 W. Atlantic Avenue 5065 W. Atlantic Avenue _: t Dr. Richard Stein, D.D.S. Delray Hearing Aid Center Knitters Nook 210 Vacant 200 Pretty Paws 190 Podiatrist - Dr. Wayne Goldstein 180 170 165 160 150 130 .120 .110 .100 Flower Market, The Haircolor Cut Dance (Coming Soon) Pro-Formance Golf Enterprise Rent-A-Car Napa Cafe Catering 5175 W. Atlantic Ave # A 5175 W. Atlantic Ave # B 5175 W. Atlantic Ave #C 5175 W. Atlantic Ave #D 5175 W. Atlantic Ave # E 5175 W. Atlantic Ave # F 5195 W. Atlantic Avenue #A/B 5195 W. Atlantic Avenue #C 5195 W. Atlantic Avenue #D 5195 W. Atlantic Avenue #E/F 5195 W. Atlantic Avenue #H 5195 W. Atlantic Avenue #I 5195 W. Atlantic Avenue #J 5195 W. Atlantic Avenue #K 5195 W. Atlantic Avenue #L on Atlantic 5199 W. 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I -i. ~ I = ~ I i III,II; -!~ >:. Ii~h.~~ ~~ ~ a~ ~ __ ~I gg a ....95 i i S i to lyd~il!I,~ / I~ I V i.... i ~~I \~ ~~.~ k~ 1 i l ,~ !. I FE D 8 I I+Ill~lllll i I ~ eves. c I I. I I IT r.° ~ 'fir ;~,~~'/////////' ~ msg. _~~.~Vy\\\\\\VV~. I`~,i ~i ~ ~~ ~_p~ll II'IIIIII w z w Q U 0 0 N ~t r W W w w 0 Q } U Z U U O Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner THROUGH: City Manager DATE: November 22, 2010 SUBJECT: AGENDA ITEM SP.2 - SPECIAL_MEETI_NG OF NOVEMBER 30, 2010 ORDINANCE NO. 18-10 ITEM BEFORE COMMISSION Page 1 of 3 The item before the City Commission is aCity-initiated annexation (via the provisions of an executed Agreement for Water Service and Consent to Annexation) of the "Marketplace of Delray", an existing shopping center with several outparcels, located within the "Four Corners" overlay district at the northwest corner of West Atlantic Avenue and Military Trail. BACKGROUND The "Marketplace of Delray" is a 30.26 acre shopping center, including outparcels, which was constructed between 1980 and 1986. On April 8, 1980, a water service agreement between Federal Plaza Ltd (then owners of the subject property) and the City of Delray Beach was executed for approximately 28 acres of the subject property. This Water Service Agreement did not include a voluntary annexation clause, nor did it include some of the outparcels. In August of 2000, 'the Marketplace of Delray, Inc., requested seven additional water connections for newly converted retail space. As there was an urgency to open the new businesses, the City Commission approved a temporary water service agreement on November 7, 2000 to allow the applicant to provide service to the new tenants, with the understanding that a new water service agreement would be executed. On June 18, 2002, the Water Service Agreement was modified to include the entire shopping center and all outparcels. The agreement also included a consent for future annexation and assessment of a storm water assessment fee. The agreement states, "unless the customer agrees to an earlier date, the City agrees not to approve an annexation ordinance under this agreement until January 15, 2010." The current property owner has been notified of the proposed annexation proceedings. Along with annexation, the City is also processing a rezoning from Palm Beach County CG (General Commercial) to City PC (Planned Commercial) and a concurrent FLUM (Future Land Use Map) amendment from County CH-8 (Commercial High with an underlying Residential density of 8 units per http://itwebapp/AgendaIntranet/Bluesheet.aspx'?ItcmID=4008&MeetingID=309 12/7/2010 Coversheet Page 2 of 3 acre) to City GC (General Commercial). The FLUM Amendment, which is part of Comprehensive Plan Amendment 2010-1, will be considered at second reading by the City Commission on December 14, 2010. A full analysis of the proposed annexation is provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the annexation, rezoning and FLUM amendment on July 19, 2010. Several members of the public questioned the need for the City to annex the property and were concerned about the increase in property taxes when annexed. The owner of the Ugly Mug bar, an outparcel at the shopping center, was also concerned about his ability to continue to sell alcohol until 5:00 AM in the City. Please note that the issue with the hours of the Ugly Mug has been addressed in the Annexation Ordinance, which allows the Ugly Mug to continue operating under Palm Beach County Code requirements concerning hours of operation for 20 years from the date of adoption of the ordinance. The Board considered the request and unanimously (6-0) recommended approval of the annexation, rezoning and FLUM amendment. Palm Beach County Notice: On June 10, 2010, the Palm Beach County Administrator and the Palm Beach County Planning Division were notified of the City's intent to annex this property. The County has responded that it has no objections to the proposed annexation. Interlocal 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. Lake Worth Drainage District: On July 9, 2010, Lake Worth Drainage District was notified of the City's intent to annex this property. Lake Worth Drainage District has submitted a letter stating that they do not have any objections to the proposed annexation. Courtesy Notice: Special courtesy notices were provided to the following homeowners and civic associations: . Neighborhood Advisory Council . High Point of Delray West . PROD (Progressive Residents of Delray) . Sunset Pines • Coconut Key HOA . Highland Trailer Co. Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. We have received no letters of objection or support. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4008&MeetingID=309 12/7/2010 Coversheet Page 3 of 3 RECOMMENDATION By motion, approve on first reading, Ordinance No. 18-10, annexing the Marketplace of Delray Shopping Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, meets the criteria set forth in Section 2.4.5(C)(4) of the Land Development Regulations, and complies with Florida Statutes Chapter 171. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4008&MeetingID=309 12/7/2010 ORDINANCE NO. 18-10 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 AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, RLV Marketplace LP is the fee simple owner of a 30.26 acre parcel of land located at the northwest corner of Military Trail and West Atlantic Avenue; and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on June 18, 2002, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM) designation of CH/8 (Commercial High with an underlying Residential of 8 units per acre); and WHEREAS, the City's PLUM designation as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 19, 2010, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further 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 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: A part of the East three quarters (E 3/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/<) and the West half (W '/2) of the Southwest quarter (SW '/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, lying West of the Westerly apparent ultimate right-of-way line of State Road 809 (Military Trail), said ultimate right-of-way line being 60 feet West of the centerline as shown in Road Plat Book 2 at page 26, Public Records of Palm Beach County, Florida, being more particularly described as follows: For a point of reference commence at the intersection of the Easterly prolongation of the Northerly apparent ultimate right of-way line of State Road 806 (West Atlantic Avenue), said apparent ultimate right-of-way line being 60 feet north of the centerline as shown in Road Plat Book 3 at page 26, Public Records of Palm Beach County, Florida, with the Southerly prolongation of the said Westerly ultimate right-of-way line of State Road 809; thence N 0° 56' 08" W., along said Westerly ultimate right-of- way line, 25.27 feet to the Point of Beginning; thence continue N 0° 56' 08" W., along said ultimate right of way line, 1282.31 feet to the North line of the said East three quarters (E 3/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/4); thence S 88° 32' 49" W., along said North line, 908.70 feet to the West line of the said East three quarters (E 3/4) of the Northeast quarter (NE '/4) of the Southeast (SE 2 ORD. NO 18-10 '/4); thence S 0° 05' 05" W., along said West line, 692.44 feet to the North line of the said West half (W '/2) of the Southwest quarter (SW '/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/4); thence S 88° 49' 19" W., along said North line, 334.32 feet to the West line of the said West half (W '/2) of the Southwest quarter (SW '/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/a); thence S 0° 05' 54" W., along said West line, 591.86 feet to the said Northerly apparent ultimate right-of-way line of State Road 806; thence N 89° 41' 34" E., along said ultimate right-of-way line, 1240.78 feet; thence N 44° 22' 43" E., 35.55 feet to the said Point of Beginning. Less that parcel conveyed to Lake Worth Drainage District by Quit Claim Deed recorded in Official Record Book 3292, Pages 941 and 942 of the Public Records of Palm Beach County, Florida. Also, less and except right-of-way conveyed to Palm Beach County by right of way warranty deed, dated March 31, 1988, recorded September 22, 1988, in Official Record; Book, 5816, page 133, Public Records of Palm Beach County, Florida. Containing 30.26 acres, more or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of 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. Those uses operating within the boundaries of the parcel described as the South 161.33 ft of the West 174.6 ft of the East 1004.6 ft of that part of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/4) of Section 14 Township 46 South, Range 42 East, lying West of SR 809 & North of SR 806 road rights-of-way, Palm Beach County, Florida, 3 ORD. NO 18-10 currently known as the Ugly Mug, located at 5065 West Atlantic Avenue; in operation in accordance with Palm Beach County Code requirements as of December 14, 2010, are permitted to continue operating under Palm Beach County Code requirements concerning hours of operation for 20 years from the date of adoption of this ordinance. Provided, however, that no expansion of operating hours shall be permitted, unless a like expansion is permitted by the applicable codes of the City of Delray Beach and in no event shall the hours of operation be reduced below that permitted by the applicable codes of the City of Delray Beach. In any event, all non-conformities with respect to such codes shall cease as December 15, 2030. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST City Clerk First Reading Second Reading 4 MAYOR ORD. NO 18-10 PLANNING AND ZONING BOARD CITY QF DELRAY BEACH ---STAFF REPQRT--- MEETING DATE: July a 9, 2010 AGENDA ITEM: 1~~~. A City initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment from CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac) on the Palm Beach County Comprehensive Plan to City GC (General Commercial) and rezoning from County CG (General Commercial) to City PC (Planned Commercial) fora 30.26 acre site for the Marketplace of Delray, an existing shopping Center located at the northwest corner of West Atlantic Avenue and Military Trail. GENERAL DATA: Owner ............................................. Agent .............................................. Location ............................................. RLV Marketplace LP. City of Delray Beach. Northwest corner of West Atlantic Avenue and Military Trail. ~~ Property Size ...................................... 30.26 acres. Existing County PLUM Designation.... CH-8 (Com Proposed City PLUM Designation...... Existing County Zoning ...................... Proposed City Zoning ......................... Adjacent Zoning ..................... North: East: South: West: Existing Land Use ............................ Proposed Land Use ............................ Water Service ..................................... Sewer Service ..................................... mercial High with an underlying High Density Residential, 8 du/ac). GC (General Commercial). CG (General Commercial} PC (Planned Commercial) RM (Medium Density Residential) and NC {Neighborhood Commercial) PC (Planned Commercial) PC {Planned Commercial) County CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac} The Marketplace of Delray, an existing shopping Center. Same. Water service is available via connection to a 12" water main located along Military Trail and West Atlantic Avenue. Water service is available .via an 8" sewage main located ' along the perimeter of the site and a lift station located on the north side of the Lake Worth District Drainage (LWDD) canal. I V~ ITEM BEFORE "fHE BOARD The action before the Board is that of making a recommendation to the City Commission on a City initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment from Palm Beach County CH-8 (Commercial High with an underlying Residential density of 8 units per acre) to City GC (General Commercial), and rezoning from County GC (General Commercial) to City PC (Planned Commercial) for an approximate 30.26 acre site for "The Marketplace of Delray", an existing shopping Center with outparcels. The subject property is located at northwest corner of West Atlantic Avenue and Military Trai! (see location map and table attached). 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 annexation, PLUM amendment, and Rezoning of any property within the City. 'BACKGROUNDIPROJECT DESCRIP.1"ION ; ," - The property under consideration is a 30.26 shopping center with several outparcels which was constructed between 1980 and 1986. On April 8, 1980, a water service agreement between Federal Plaza Ltd (then owners of the subject property) and the City of Delray Beach was executed for approximately 28 acres of the subject property. The 1980 Water Service Agreement did not include the voluntary annexation clause nor did it include some of the outparcels. In August of 2000, the Marketplace of Delray, Inc., requested seven additional water connections for newly converted retail space. As there was an urgency to open the new businesses, the City Commission approved a temporary water service agreement on November 7, 2000, to allow the applicant to provide service to the new tenants, with the understanding that a new water service agreement would be executed. On June 18, 2002, the Water Service Agreerent was modified to include the entire shopping center and all outparcels. The water service agreement included the consent for future annexation and assessment of a storm water assessment fee. The agreement states, "unless the clastomer agrees to an earlier date, the City agrees not to approve an annexation ordinance under this agreement until January 15, 2010.° The current property owner has been notified of the proposed annexation proceedings. The property is bordered to the north by the LWDD L-33 Canal and the Fountains of Delray Apartments and Fountain Center; to the east by Delray Square Shopping Center; to the west by Carnival Flea Market and High Point of Defray West; and to the south by Pines West Plaza. The subject property is located within the "Four Corners" overlay district at the intersection of West Atlantic Avenue and Military Trail. The subject property is under the jurisdiction of Palm Beach County, but in a designated annexation area for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area "D", as noted in Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City's advisory PLUM designation for the property is GC (General Commercial). The proposed PLUM amendment to implement the advisory designation and annexation (pursuant to the referenced Agreement for Water Service) with initial zoning of PC (Planned Commercial} were initiated by the City Commission on July 6, 2010, and are now before the Board for action. SUTURE LAND USE MAP. AMENDMENT ANALYSIS ;= ~ ~ 1 Current Land Use Designation: The current land use map designation for the Marketplace of Delray is County CH-8 (Commercial High with an underlying Residential density of 8 units per acre). The current City "advisory" designation is GC (General Commercial). The City's PLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace-Annexation, FLUM Amendment, and Rezoning Requested Land Use Designation: The requested Future Land Use Map Designation is GC (General Commercial). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The properties to be annexed are located within designated Annexation Area "D" on the west side of Military Trail, north 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. Land Use Analysis: Consistency Between the City and County Land Use Designations: The proposed City Future Land Use Map Designation for the property is GC (General Commercial}. The existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an underlying Residential of 8 units per acre). The City's GC Future Land Use Map Designation is consistent with the existing County CH-8 designation in that the city's description of the General Commercial designation states, "This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services". It is further stated, "Residential uses may comprise up to 15°l° of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a standalone use subject to Conditional -Use approval. Residential density is limited to a maximum of 12 dwelling units per acre. Areas with the General Commercial designation, lopated within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units". Similarly to the County's CH-13 designation, the City's GC designation allows for mixed-use development with general commercial and residential uses. Adjacent Future Land Use Map Designations, Zoning Designations and Land Uses: The following zoning designations and uses abut the subject properties: FLUM Desi nation Zonin District Use MD (Medium Density RM (Medium Density Residential} Fountains at Delray Beach North: Residential 5-12 du/ac) and and Apartments TRN (Transitional) NC (Neighborhood Commercial) Fountain Center South: GC General Commercial PC_(Planned• Commercial Pines West Plaza East: GC (General Commercial) PC (Planned Commercial) Delray Square Plaza West: CH-8 (Commercial High with an underlying Residential GC (General Commercial) High Point of Delray West and density of 8 units per acre) Carnival Flea Market 2 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning The proposed FLUM designation and rezoning of the subject properties will maintain consistency and compatibility with the adjacent development patterns. Allowable Land Uses: Under the proposed General Commercial (GC} Land Use Map designation, commercial zoning districts which accommodate shopping center developments are allowed. The proposed zoning of PC is consistent with the proposed GC FLUM designation and compatible with the adjacent developments to the west, south and east. REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ^ Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Planned Commercial (GC) zoning district is consistent with the proposed GC (General Commercial) FLUM designation. Retail and other commercial activities established on large sites in a well planned, functional, and aesthetically pleasing manner are allowed in the Planned Commercial (PC} zoning district as a permitted use. Based on the above, positive findings can be made with respect to FLUM consistency. ^ Concurrency: Development at the highest intensity possible 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 B-3.1). The proposal involves amending the FLUM designation from Palm Beach County CH-8 (Commercial High with an underlying high Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County GC (General Commercial} to City PC {Planned Commercial} for an approximately 30.26 acres site for The Market Place of Delray, an existing shopping Center with outparcels. Since the City's advisory FLUM designation of GC, as shown on the existing Future Land Use Map, has been in place since 1990, this amendment is just an implementation of current comprehensive plan policies and there is no change in development potential. However, a general description of Concurrency findings with respect to Police, Solid Waste, Traffic and Water and Sewer are discussed below: Po/ice: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress, which serves the South County area. The property is within Sheriff Patrol zone 7. 3 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, and 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}. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a result, response time will be significantly improved upon annexation. Annexation will not require additional manpower since the police .currently patrol in close proximity to these parcels. Fire and Emer enc Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick Road and Lake Ida Road}. With annexation, the property wilt receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and Lake Ida Road). Water.' Municipal water service is available via connection to a 12" water main located along Military Trail and West Atlantic Avenue. Ten fire hydrants are spread out through the property including one fire hydrant the east side of Military and another one the south side of West Atlantic Avenue. The City's Utilities Department has indicated that treatment capacity is available at the City's Water Treatment Plant at build-out. Sewer. Sewer service is available via an 8" sewer main located along the perimeter of the site and a lift station located on the north side of the Lake Worth District Drainage (LWDD) canal. The City's Utilities Department has indicated that treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The subject properties can be accessed via West Atlantic Avenue and from Military Trail. West Atlantic Avenue and Military Trail are under the jurisdiction of Palm Beach County and the jurisdictional responsibility and the associated maintenance of West Atlantic Avenue and Military Trail will not change upon annexation. Based upon the above a positive finding with respect to traffic concurrency can be made. Solid Waste: The Marketplace of Delray shopping plaza has nine retail/commercial establishments including eight outside parcels and one large internal parcel. Therefore, the subject property will have a relatively important 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, as described later in this report. ^ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A-7.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these Endings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the 4 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal is associated with the annexation of an unincorporated property and requires changing the FLUM designation from County to City. Since the City's advisory FLUM designation is being being applied to the property in association with the annexation, the demonstrated need does not apply. Future Land Use Element Obiectlve A-7: Property shat! be developed or redeveloped, !n a manner so that the future use, intensity and density are appropriate in terms of soil, fopographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible wifh adjacent land uses; and fulfill remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. The current County FLUM designation is CH-8 (Commercial High with an underlying High Residential, 8 units/acre) and the proposed City designation is GC (General Commercial). It is noted that the proposed PC (Planned Commercial) zoning designation would allow commercial/retail developments as does the county zoning designation of CH-8 (Commercial High with an underlying .High Residential, 8 units/acre). It is also noted that the proposed GC (General Commercial) FLUM designation is compatible with the existing developments to the south, Delray Commons and Points West Shopping Plaza; to the east, Hess Gas Station, Walgreens, and Delray Square Shopping Plaza; and to the west, Carnival Flea Market of Delray. It is also compatible existing Fountains at Delray Beach Apartment complex and the small retail center to the north. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted above, compatibility has been identified under Future Land Use Element Objective A-1. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The current development for The Marketplace of Delray was processed both through the County and the City for consistency with the LDRs as part of the water service agreement process. Any future development of the subject property will be submitted to the site plan review process and will be reviewed for compliance with the LDRs. At this time, no issues have been identified which would prohibit compliance with the requirements of the proposed PC (Planned Commercial) zoning district for the Marketplace of Delray development. .ANNEXATION ANALYS 1S Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of rea! 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". 5 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning As noted throughout the report, the Marketplace Development is a voluntary annexation which is consented to through an executed water service agreement. Chapter 171.046, Florida Statutes (2004}, provides for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave; and limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size. Financial Impacts: Effect upon Annexed Property: the following table depicts the current assessed value and total (County} taxes for the subject property: THE MARKETPLACE OF DE LRAY ~ _ ~ .. ! ~__ i CN TAXABLE VALUE 2009 PBC ADVAL. TAXES PBC NON- ADVAL. TAXES TOTAL PBC TAXES PBC COUNT Y MILL. ADVAL. CITY OF DELRAY TAXES NON ADVAL. CITY OF DELRAY TAXES CITY OF DELRAY BEACH MILEAGE TOTAL CITY OF DELRAY TAXES IFFERENCE I I i ~ , , i ' 424614000005010 n,ooo,ooo.a 323,811.00 97,355.00 421,166.00 19.0477 386,909.78 18,701 22.7594 405,810.42 -15,555.55 424614000005500 1,277,112.0 24,326.00 4,256.00 28,582.00 19.0477 29,066.30 18,701 22.7594 47,766.94 19,184.94 4246140000055TJ 1,113,658.0 21,213.00 911.00 22,124.00 19,0477 25,346.19 18,701 22.7594 44,046.83 21,922.83 424614000005520 1,522,447.0 28,999.00 910.00 29,909.00 18.0477 34,649.98 18,701 22.7594 53,350.62 23,441.62 424614000005530 1,064,524.0 20,277.00 5,846.00 26,123.00 19,0477 24,227.93 18,701 22.7594 42,928.57 16,805.57 424814000005540 1,2TJ,77o.0 23,196.00 873.00 24,069.00 19.0477 27,715.71 18,701 22.7594 46,416.35 22,347.35 424614000005550 1,127,665.0 21,479.00 262.00 21,741.00 19.0477 25,664.98 18,701 22.7594 44,365.62 22,624.62 424614000005560 719,219.0 13,699.00 4,210.00 17,909.00 19.0477 16,368.97 18,701 22.7594 35,069.61 17,160.61 4246woooao557o 845,654.0 16,108.00 4,689.00 20,797.00 19.0477 19,246.58 18,707 22.7594 37,947.22 17,150.22 SUB-TOTAL 25,888,048.0 5493,108.00 5119,312.00 x812,420.00 19.0477 5689,196.41 "168,306 22.7594 fTbT,6o2.16 x146,082.16 For the 2009 tax year, the subject property had an assessed value of $25,888,048.00. With the change from County to City jurisdiction, the following taxes and rates~will be affected: THE MARKETPLACE OF DELRAY ~~'~ ~ ~ ADVALOREM:` %~; ` TAXES ~~COUNTY ~ -TAXES . COUNTY, t_ MILEAGE " ' ~:'~~INITH ,',` .;ANNEXATION ~"CITY ;;': TAXES =' `,CITY MILLAGE,i FirelRescue MSTU 89,523.46 3.45810005 DELETE 0.00 0.000000 Palm Beach Coun Lib. 12,866.36 0.49700001 DELETE 0.00 0.000000 Palm Beach Co.Lib.Debt 1,418.67 0.05480019 DELETE 0.00 0.000000 Florida Inland Nave anon 893.13 0.03449970 893.13 0.034500 Health Care District 29,644.41 1.14510024 29,644.41 1.145100 Palm Beach Count 112,457.67 4.34399959 112,457.67 4.344000 Palm Beach Couni Debt 5,628.06 0.21739994 5,628.06 0.217400 Children Service Council 17,857.57 0.68979979 17,857.57 0.689800 Public Schools Loc.Board 64,668.35 2.49800000 64,6fi8.35 2.49800000 Public Schools State l..aw 141,995.93 5.48500000 141,995.93 5.48500000 5FWMD District 13,839.74 0.53459960 13,839.74 0.534600 SFWMD Ever lades Connt. 2,314.39 0.08939994 2,314.39 0.089400 Ci of Delra Beach Added Cit 186,135.07 7.190000 Cit of Delra Beach Debt Added Cit 13,762.09 0.531600 SUB-TOTAL $493,108 19.0477 Difference' $589,196 22.7594 3.7117 6 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning " Total tax millage in the county is 19.0477 mills. If annexed into the City, the total millage would be 22.7594 mills, a difference of 3.7117 mills. The current yearly ad valorem and non ad valorem taxes are $612,420. With annexation, the yearly ad valorem taxes will increase to $757,502.16 (612,420+145,082.16=757,502.16); a tax difference of $145,082.16. In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the structures, 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. A 25% 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. Solid Waste Authority -This annexation area is serviced under a contract with Waste Management. The City's solid waste removal contract is also through Waste Management. Pursuant to Florida Statute 171.062 (4)(a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider will not change with annexation. The Marketplace of Delray property is currently providing a solid waste disposal fee to the County. After annexation, an assessment fee of approximately $4,477 per year for this service will be paid to the City. SUMMARI~~~~IMPAGTS~(.ON;'THE.P~i;~1 ~4'2:.'f'lY!~ °,_.t~,~`I~€,:~~`~~»~.`.~~;a ~"~''~,`S~'+F_.}~~i i ~ ,~. ~;~~~i~ ~I~~x~~n. , FINANCIA L'CONSIDERATIONS'~,,ir~'~~~,:``~~ r:'r~~ :`~~~. AD VALOREM TAXES 2010 + $145,082.16 City Mills. PB County Mills 22.75940 - 19.04770 = 3.7117 NON AD VALOREM TAXES 2010 Stormwater Assessment $14,223.02 Solid Waste Collection $4,477.62 WATER ~ SEWER UTILITY FEES $0.00 ANNUAL FINANCIAL fMPAC7: } `i~~~r~i~':~~ ~;~".~~;`r'. SER1/ICE! + CONSIDERA'TIONS ~,~,~ , -n.,, $163,782.80 ~~~~`,!.;~~, ~ `,;~., Fire Response + Faster response from an estimated 5.5 minutes Count to 2.5 minutes Cit Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes Count to 2.5 minutes Cit Police + Better response based upon more officers in field; 14 patrol) cars per shift daytime, 15 stroll cars durin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with roe owners. Fiscal Impacts: A's shown on the above table, annexation into the City, would generate an additional $145,082.16 in ad valorem taxes per year from this property. With future redevelopment, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the storm water assessment fee, as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable, As shown on the Table below, the total fiscal impact to the City is approximately $214,120.17. 7 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace-Annexation, FLUM Amendment, and Rezoning i .,; ;,~, ,ii. ~ s~ 'I FISCAL''IMPACTfTO'THE?CITY~ . ~_~ ,~' AD VALOREM TAXES 2010 City of Delray Beach 7.1900 Mills Ci of Delra Beach Debt 0.5316 Mills $186,135.07 $13,762.09 SUB-TOTAL $199,897.15 NON-AD VALOREM TAXES Storm Water Assessment $14,223.02 SUB-TOTAL $214,120.17 PARK AND RECREATION IMPACT FEE $500 er unit $0.00 TOTAL $214,120.17 :, ~' ~ ZONING ANALYSIS Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDRs were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below for each property. The proposed City zoning designation is PC (Planned Commercial) while the current County zoning designation is CG (General Commercial). The surrounding zoning designations are: PC (Planned Commercial) to the east and south; RM (Medium Density Residential) and NC (Neighborhood Commercial) to the north; and County GC (General Commercial) to the west. Section 3.2.2 (Standards for Rezoninct Actionsl: standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern, as the property currently contains a shopping center, which has existed at this location since 1980. The initial PC (Planned Commercial) zoning designation will accommodate the existing shopping center as a permitted use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of such future developments. Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (aj That the zoning had previously been changed, or was originally established, in en*or; 8 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning (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 and/or neighborhood. The property is developed and the existing development is allowed under the proposed PC zoning district. As stated above, the project is located within the "Four Corners Overlay District". With review of the annexation request, a site visit was conducted and did reveal some code violations, which primarily relate to landscape and perimeter buffer deficiencies. Any future development or redevelopment will be required to comply with the Land Development Regulations. In addition to the above, buildings within the "Four Corners Overlay District" require a minimum floor area of 4,000 sq. ft. per building. Based upon the site plan approved through the County, three (3) outparcel buildings have been constructed with floor areas less than 4,000 sq. ft. The existing structures are considered nonconforming and can continue. However, should a site plan modification be requested, the building square footages cannot be decreased. Finally, it is noted that a "gasoline station" is not an allowed use within the Four Corners Overlay District. The existing gasoline station will be classified as an existing non-conforming use and thus subject to the regulations pertaining to non-conforming uses contain in Article 1.3 of the Land Development Regulations. Items "b" and "c" are the basis for which the rezoning should be granted. The properties are in the unincorporated area of Palm Beach County. However, they are also within the City of Delray Beach future annexation area. 'fhe annexation requires that an appropriate City zoning designation be applied to the property. The PC zoning designation is of similar intensity as that allowed under the proposed City GC and existing County CH-8 land use designations. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D) (5). ,.. , "::~ , REVIEW`'BY OTHERS The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach Count~otice: On June 10, 2010, Palm Beach County Administrator and Palm Beach County Planning Division were notified of the City's intent to annex this property. The County has responded that it has no objections to the proposed annexation. IPARC Notice: Notice of the Future Land Use Amendment has ~ also been provided to the Interlogl Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Lake Worth Drainage District: On July 9, 2010, Lake Worth Drainage District was notified of the City's intent to annex this property. Lake Worth Drainage District has submitted a letter stating that they do not have any objections to the proposed annexation. 9 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FtUM Amendment, and Rezoning Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Neighborhood Advisory Council High Point of Delray West PROD (Progressive Residents of Delray) Sunset Pines Coconut Key HOA Highland Trailer Co. Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 600' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ` ASSESSMENT AND'CONCLUSION Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. For the Marketplace of Delray property, the City's advisory GC (General Commercial)) Land Use Map Designation is consistent with the County's CH-8 {Commercial High with an underlying High Residential, 8 units per acre) designation in that it is compatible with the existing land use designations and the adjacent development pattern of the adjacent development. This Future Land Use Map designation is being proposed concurrently with a request for initial zoning of PC (Planned Commercial) District which is also compatible with the surrounding development pattern. The annexation will provide better Police, Fire, EMS and Code Enforcement services than under County jurisdiction. The properties will experience an increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon development. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. ;ALTERNATIVE ACTIONS ;:: , f,, ~ :. ~~~ A. Continue with direction. B. Move a recommendation of approval to the City Commission for a City initiated Voluntary Annexation, Future Land Use Map {PLUM) Amendment from Palm Beach County CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac) to City GC {General Commercial) and rezoning from County GC (General Commercial) to City GC (General Commercial) fora 30.26 acres site for the Marketplace of Delray, an existing shopping Center, located at the northwest comer of West Atlantic Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.6(D) {6), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for a City initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment from Palm Beach County CH-8 {Commercial High with an underlying High Density Residential, 8 du/ac) to City GC {General Commercial) and rezoning from County GC {General Commercial) to City GC (General Commercial) fora 30.26 acres site for the Marketplace of Delray, an existing shopping Center located at the northwest corner of West Atlantic Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and 1D Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning finding that the requests is 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. RECOMMENDED ACTION D. Move a recommendation of approval to the City Commission for a City initiated Voluntary Annexation, Future Land Use Map (FLUM) Amendment from Palm Beach County CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County GC (General Commercial) to City GC (General Commercial) fora 30.26 acres site for the Marketplace of Delray, an existing shopping Center located at the northwest corner of West Atlantic Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof is 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. Staff Report Prepared by: Jasmin Allen and Estelio Breto Attachments: Location Map, Future Land Use Map and Zoning Map 11 v PLANNING AND ZONING DEPARTMENT I N. w. TRN • II J N Q {~ B11ADY CF W` 1~ ~t~ BARRE71 I I fRANDES DR } ~' tY a n1.woD 4 .a1 J ~ `A` TR fRANW000 OPI ' .ih. ,,~~..~ t.. .:, . ,',.' WEST A T L A N? I C ~ ," `~~ A V E N U E 2 W ~~• _~ ~y 1 R * ~ 2 7 ~ u _ O ~ UNCOIN ROAD ADANS -- r MASHNDTON ROAD os RI -- DlCITAC B45E AlAP SYSTEM -- AIAP REF: 5:\Plontting dl. Zoning\DBMS\File-Cob\Z-LAI tOD1-1500\LM1190_FLVAI Amendment of Morketploc~ of Oelroy e N ~_ FUTURE LAND USE MAP AMENDMENT MARKETPLACE AT DELRAY 3__.__-_, PLANwNG AND ZoNINr~ ~ CHANGE FROM COUNTY CH/9 (COMMERCIAL HIGH YATH AN UNDERLI7NG RESIDENTIAL OF 8 UNITS DEPAf77MEiV7 PER ACRE) TO CITY GC (GENERAL COMMERCIAL) ` ~ FOUR CORNERS AREA . u ~ n ~ u ~ u ~ u ~ CITY MUNIGPAL BOUNDARY ^ ~ D i R.w. a s s SAD D B C ~ R B P 5T C i D a ~~ h Y a R ~ A ~ D , =~ NC i Da ~ _ _ ~ ~ ~~~• ..- ':~PC ~•~ ~ ,: ~ - N o D i 1 ~ A V E N U E ~~~% ~.~ I . - ~~ <i' ,.' .. - - ~ ~ ,,y' ~ "y - ~ ~ . - - - - POC _ - ~ _ $ iT'ERSOH GOAD ~ ~ - 2 T J - O N ROAD ~ A 5 VE A R D ~ - Rp0 0 O ~ CiR A TF$ ~ -' o g - REZONING a ''~~ N ~_ MARKETPLACE AT DELRAY ° 5=?~_"; PLANNING AND ZONING DEPARTMENT ;1;1:;.1 CHANGE FROM COUNTY CG (GENERAL COMMERCIAL) TO CITY GC (GENERAL COMMERCIAL) Q FOUR CORNERS AREA ~n~li~il~n~li~ CITY MUNIC]PAL BOUNDARY -- D/C/TAL 645E MAP 515TEM -- MAP REF: S:\Plortninp do Zoninq\DBMS\Flle-Cab\Z-LM 1001-1500\LM11906_ZONING Morketplace of Delray 26 THE PALM BEACH POST • WEDNESDAY, DECEMBER 1, 2010 N0.5680341 R CITY OF DELRAY BEACH NOTICE OF ANNEXATION ORDINANCE NO. 18-10 The City Commission will conduct a Public Hearing on TUESDAY DECEMBER 14, 2010 AT 7:00 P.M. in the Commission C airs at City Hall, 100 NW 1"Avenue, Delray Beach, Florida (or at any continuation of such meeting which is set y the City Commission). At this meeting the City Commission will consider adopting the following ordinance: ORDINANCE NO. 18-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND. LC>CATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY METES AND BOUNDS AND A COPY OF ORDINANCE NO. 18-10 CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. l~ AVENUE, DELRAY BEACH, FLORIDA. -, i _ ~ I _ `~ ---j- - ~ I 1 - ` r ` _ P i - ~ 't; - ~4 = j: _~ r _ , - - i s- CITY MUNICIPAL LIMITS ~ ~ ~ ^ All interested citizens are invited ro attend the public hearing and comment upon the proposed ordinance or submit their comments in writing on or before the date of this hearing ro the Planning and Zoning Department. For further information or ro obtain a copy of the proposed ordinance, Please contact the Planning and Zoning Department, City Hall, 100 N.W. 1"Avenue, Delrayy Beach, Florida 33444 (email at pzmall@ vde~lra each.com or by calling (561) 243-7040), between the hours o 8:00 a.m. and 5:00 p.m. on weekdays 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 VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk PUBLISH: The Palm Beach Post Wednesday, December 1, 2010 Tuesday, December 7, 2010