Ord 38-11ORDINANCE NO. 38-11
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 SOUTHEAST CORNER OF LINTON BOULEVARD AND
LWDD E-3 CANAL, 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 FOR THE ZONING THEREOF TO
COMMUNITY FACILITIES (CF); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, NME PROPERTIES CORP is the fee simple owner of a 6.12 acre parcel of
land located at the southeast corner of Linton Boulevard and LWDD E-3 Canal; and
WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to
Annexation and Stormwater Management Assessment executed on March 18,1999 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 (FLUM) designation of
Institutional with an underlying High Residential 8 units per acre (INST /8); and
WHEREAS, the City'S FLUM designation of Community Facilities (CF), as initially
contained on the City'S Future Land Use Map adopted in November, 1989, and as subsequently
amended, is deemed to be advisory only until an official Future Land Use Map 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
II
r
WHEREAS, pursuant to LDR Section 2.2 .2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 18, 2011, and voted 5 to 0 to
recommend that the annexation be approved with an initial zoning of Community Facilities (CF) District ,
based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF 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 parcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the northeast corner of said Section 26; thence along the North line of said Section 26,
North 89° 56' 07" West, a distance of 1967.73 feet to a point on the South right -of-way line of Linton
Boulevard as described in Official Record Book 7818 Page 139, Public Records of Palm Beach County,
Florida, said point being a point of curvature of a curve concave to the South having a radius of 7581.44
feet; thence along said South right-of-way line and westerly along the arc of said curve, through a central
angle of 01 ° 46' 47", a distance of 235.48 feet to a non-tangent line and the Point of Beginning; thence
South 00° 03' 53" West, a distance of 712.34 feet to a point on the South line of the North 715.99 feet of
said Section 26; thence along said South line North 89° 56' 07" West, a distance of 375.71 feet to a point
on the East line of the West 56.10 feet of the northwest quarter of said Section 26; thence along the East
line North 00° 31' 11" West, a distance of 691.76 feet to a point on the said South right-of-way line of
Linton Boulevard; thence along said South right-of-way line North 86° 18' 21" East, a distance of 121.45
feet to a point of curvature of a curve concave to the South having a radius of 7581.44 feet; thence
2
Ord No. 38-11
easterly along the arc of said curve, through a central angle of 01 0 58' 45", a distance of 261.90 feet to the
Point of Beginning.
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 Delra y 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 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 the Community Facilities (CF) Zoning District as defined by
existing ordinances of the City of Delray Beach.
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 as follows: As to annexation,
immediately upon passage on second and final reading; as to zoning, upon the effective date of
Ordinance No. 25-11, under which official Future Land Use Map designation of CF (Community
Facilities) is affixed to the subject parcel herein described .
3
Ord No. 38-11
r
~ PASSED AND ADOPTED in regular session on second and fInal reading on this the
__day of \'S.D\I~ .20 ~ (\
i '<d2~
ATTEST
,\~,~\~,~~
City Clerk
First Reading
Second Reading
4
Ord No. 38-11
ANNEXATION BRIEF FOR THE LAGO VISTA PROPERTY
First Reading: October 18, 2011
Second Reading: November 1, 2011
Ordinance Number: 38-11
Location Map: (See Attached)
Annexation Name Vista Lago
Annexation Type
Voluntary Annexation (via Agreement for Water Service)
I Acres 6 .123 ±
The subject property is located on the south side of Linton
Location Boulevard, east of the E-3 Canal (5430 Linton Boulevard)
EXisting Use
Nursing Home
Proposed Use
Nursing Home
INST/8 (Institutional with an underlying High Residential County Future Land Use 8 units per acre)
County Zoning
Multi-Family Residential Medium Density (RM)
City Future Land Use
CF (Community Facilities)
City Zoning
CF (Community Facilities)
Tuesday, October 18, 2011 -City Commission
First Reading Regular Meeting 6:00 p.m. City Commission Chambers
Tuesday, November 1, 2011 -City Commission Regular Second Reading Meeting 7 :00 p.m. City Commission Chambers
Effective Date of Annexation :
Immediately upon adoption of the Ordinance
Ordinance Number.
38-11
Location Map (See Attached)
peN #s 00-42-46-26-00-000-1190 PCNs
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DEPARTMENT
SUBJECT PROPERTY
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LA G O VI ST A
LOCATION MAP
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[ DELA Y
DELRAY BEACH r , n • L f1 100 N .W f Sl AVENUE DELRAV BEACH FLORIDA 3344·\ • 5611243·7000 CITY CLERK
All-America City ,III J ,'
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2001 November 4, 2011
NOTIFICATION OF ANNEXATION
Please find a copy of Ordinance No. 38-11 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 November 1, 201l. Ordinance No. 38-11 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
Statues, and Chapter 50 of the Code of Ordinances for the City of Delray Beach.
If you have any questions, please do not hesitate to contact the City Clerk's Office at
(561 )243-705l.
~~.~~
Chevelle D. Nubin, MMC
City Clerk
Attachments: Ordinance No. 38-11
Annexation Brief
S ERVICE· P ERfORMANCE • I NTEGRITY· R ESPONSIBLE· I NNOVATIVE· T EAMWORK
[IT' F DEL AY E [H
DELRAY BEACH
LOlli j n A IOONW lSlAVENUE D!=LAAY BEACH . FLORIDA 33444 56 1 /243· 7000 CITY CLERK
All-America City ,II J.!
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~"lJl CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Ordinance No. 38-11, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 1 st day of November, 2011.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 4th day of
November 2011.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach, Florida
(SEAL)
S ERVICE ' P ERFORMANCE ' I NTEGRITY ' R ESPO J S I BLE • I NNOV A TIVE · T E AMW O R K
Coversheet Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 20, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF
NOVEMBER I. 2011 ORDINANCE NO. 38-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an annexation (via the provisions ofthe executed Agreement
for Water Service and Consent to Annexation) with initial City zoning ofCF (Community Facilities) for Lago Vista, located at the southeast corner of Linton Boulevard and the L WDD E-3
Canal. ' BACKGROUND At the fIrst reading on October 18, 2011, the Commission passed Ordinance No. 38-11. RECOMMENDATION Recommend approval of Ordinance No. 38-11 on second and fInal
reading. http://itwebapp/AgendaIntranetfBluesheet.aspx?ItemID=5 053&MeetingID=3 3 5 1117/2011
ORDINANCE NO. 38-11 AN ORDINANCE OF THE GTY COMMISSION OF THE GTY OF DELRAY BEAGL FLORIDA, ANNEXING TO THE GTY OF DELRAY BEAGL A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF UNTON
BOULEVARD AND LWDD E-3 CANAL, AS THE SAME IS MORE PARTIaJLARLY DESCRIBED HEREIN, WHIm LAND IS CONTIGUOUS TO EXISTING MUNIGPAL UMITS; REDEFINING THE BOUNDARIES OF THE GTY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHfS AND OBUGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO C01v1MUNITY FAGUTIES (CF); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE. WHEREAS, NME PROPERTIES CORP is the fee simple owner of a 6.12 acre parcel of ]and located at the southeast comer of Unton Boulevard and LWDD E-3 Canal; and WHEREAS,
pursuant to the Agreetrent for Water and ~Service and Consent to Annexation and Stonnwater :N.ranagerrent Assesstrent executed on:March 18,1999 the Oty of Delray Beach intends to annex
the subject property into the mmicipallimits of the Otyof Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the Otyof Delray
Beach, Florida; and WHEREAS, the Oty 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 mder the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUl\.1) designation of Institutional -with an mderlying
High Residenti.al8 mits ~acre (INST/8); and WHEREAS, the Oty's FLUM designation of CoIl1l1Ull1i.ty Facilities (CF), as initially contained on the Oty's Future Land Use Map adopted in
November, 1989, and as subseq1.Ently atren.ded. is deeIred to be advisory only until an official Future Land Use Map Amendment is processed; and WHEREAS, the designation of a zoning
classification is part of this proceeding. and the provisions of Land Developrrent Regu1ations Olapter Tw:> have been fo11o\'\OO in establishing the proposed zoning designation; and
WHEREAS, pursuant to LOR Section 22.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its rreeting of July 18,2011, and voted 5 to 0 to recolI1II'e1d
that the annexation be approved with an initial zoning of Community Facilities (CF) District, based upon fX>sitive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c),
the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and fX>licies of the Comprehensive
Plan; and WHEREAS, the GtyCommission of the Gty of De1ray Beach adopts the findings in the Planning and Zoning Staff Rep:>rt; and WHEREAS, the Gty Commission of the Gty of De1ray Beach
finds the ordinance is comistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE OTY CO:rvtMISSION OF THE OTY OF DELRAY BEACH. FLORIDA, AS FOLWWS: Section 1. That
the recitations set forth above are incorporated herein Section 2. That the Gty Commission of the Gty of De1ray Beach. Pa1m Beach County, Florid\ hereby annexes to said Gty the following
described land located in Pa1m Beach County, Florid\ mch lies contigoous to said Gty to-wit: A parcel of land situate in Section 26, Township 46 South. Range 42 East, Pa1m Beach County,
Florid\ being m::>re particularlydescribed as folloW): Cornrrencing at the northeast comer of said Section 26; thence along the North line of said Section 26, North 89° 56' 07" West,
a distance of 1967.73 feet to a fX>int on the South right-of-way line of Linton Boulevard as described in Official Record Book 7818 Page 139, Public Records of Pa1m Beach County, Florid\
said fX>int being a fX>int of curvature of a curve concave to the South having a radius of 7581.44 feet; thence along said South right-of-Wl}' line and \-\eSterlyalong the arc of said
curve, through a central angle of 01° 46' 47", a distance of 235.48 feet to a non-tangent line and the Point of Beginnirlg; thence South 00° 03' 53" West, a distance of 712.34 feet to
a fX>int on the South line of the North 715.99 feet of said Section 26; thence along said South line North 89° 56' 07" West, a distance of 375.71 feet to a fX>int on the East line of
the West 56.10 feet of the north\-\eSt quarter of said Section 26; thence along the East line North 00° 31' 11" West, a distance of 691.76 feet to a fX>int on the said South right-of-way
line of Linton Boulevard; thence along said South right-of-way line North 86° 18' 21/1 East, a distance of 121.45 feet to a fX>int of curvature of a curve concave to the South having
a radius of 7581.44 feet; thence 2 Ord No. 38-11
easterly along the arc of said cwve, through a central angle of 010 58' 45", a distance of 261.90 feet to the Point of Beginning. Section 3. That the boundaries of the Gty of Delray
Beach, Florida, are herebyredefined to inch~ therein the abo~described tract of land, and said 1and is hereby declared to be within the corporate limits of the Gty of Delray Beach, Florida
Section 4. That the 1and hereinabove described shall imrrediately becoIre subject to all of the franchises, privileges, irnrmmities, debts, obli~ns, liabilities, ordinances and laws
to Wlich :Jands in the Gty of Delray Beach are now or may be subjected. including the Storrnwater :Managerralt asses.smmt, levied by the Gty purswnt to its ordinances and as required
by Florida Statutes Olapter 197, and persons :residing thereon shall be deemed citizens of the Gty 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 Gty of any maintenance re5fX>nsibility for soch IOa.cE, alleys, or the like, unless otherwise
specifically initiated by the Gty pursuant to current requirements and conditions. Section 6. That Chapter T'\\{) of the Land DevelopIrel1t Regulations has been follo~ in the establishment
of a zoning cla$ification in this ordinance and the tract of 1and hereinabove described is hereby declared to be in the Community Facilities (CF) Zoning District as defined by existing
ordinances of the Gtyof Delray Beach. 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 JX>rtion thereof, any paragraph. sentence or '\\{)ro be declared by a court of competent jurisdiction to be invalid. soch decision shall not affect
the validity of the remainder hereof as a vmole or part thereof other than the part dec1aredtobeinvalid Section 9. That this ordinance shall becoIre effective as follows: As to annexation,.
inunediately UfX>Il ~on second and final reading; as to zoning upon the effective date of Ordinance No. 25-11, meier WUch official Future Land Use '.Map designation of CF (Community
Facilities) is affixed to the subject parcel herein described. 3 Ord No. 38-11
PASSED AND ADOPTED in regular session on second and final reading on this the __dayof ,20_. AITE~ MAYOR GtyOerk FU&~____________ Second Reading_____ 4 OrdNo.38-11
Coversheet Page 1 of2 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director ofPlanning and Zoning THROUGH: David T. Harden, City
Manager DATE: October 5, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 18,2011 ORDINANCE NO. 38-11 ITEM BEFORE COMMISSION The item before the City Commission
is that of approval of a City-initiated Annexation (via the provisions of an executed Water Service Agreement) of the "Lago Vista" property and initial zoning of CF for a 6.12 acre site
located on the south side of Linton Boulevard west of Delray Medical Center (Delray Hospital) and east of Canal E-3 (5430 Linton Boulevard). BACKGROUND The property under consideration
contains a 44,514 square feet nursing home with 120 units (as reported in the PBC Property Appraisers web-site), which was built in 1984. Its annexation is pursuant to a modified water
service agreement executed on March 18, 1999. The agreement for a larger parcel of 56.501 acres stated that the overall development will be annexed in phases with the shopping center
to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005 (completed), Fair Oaks property by 2008 (completed), and the Lago Vista property by 2011 (this
property). Along with the annexation, the City is rezoning the property from County RM (Multi-Family Residential Medium Density) to City CF (Community Facilities) . The property is located
within the City's designated annexation area known as Annexation Area "B " , as noted in Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The associated Future Land Use
Amendment will be considered with the second reading of this annexation and rezoning ordinance. A full analysis of the proposed annexation, rezoning, and Land Use Amendment is provided
in the attached July 18, 2011, Planning and Zoning Board staff report. REVIEW BY OTHERS The subject property is not in a geographical area reqmnng review by the CRA (Community Redevelopment
Agency) or the DDA (Downtown Development Authority). The Planning and Zoning Board held its public hearing regarding the annexation, rezoning and FLUM amendment on July 18, 2011 and
unanimously (5-0) recommended approvaL http://itwebapp/AgendalntranetIBluesheet.aspx?ItemID=4992&MeetingID= 362 10/20/2011
Coversheet Page 2 of2 Palm Beach County Notice: On June 17,2011, 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. Interlocal Plan Amendment Review Committee (IP ARq Notice: On June 23,2011 a notice of the Future
Land Use Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, no objections have
been received. Lake Worth Drainage District: On June 23, 2011, Lake Worth Drainage District was notified ofthe 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 Notices: Special courtesy notices were provided to the following homeowners and civic
associations: Neighborhood Advisory Council Delray Citizens Coalition Hammock Reserve HOA Del-Aire HOA Shadywoods HOA Public Notice: Formal public notice has been provided to the affected
property owners as well as property owners within a 500' radius of the subject property. We have received no letters ofobjection or support. RECOMMENDATION By motion, approve on first
reading, Ordinance No. 38-11, annexing and applying an initial zoning of CF for the Lago Vista property, 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/AgendalntranetIBluesheet.aspx?ltemID=4992&MeetinglD=362 10/20/2011
PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT-·-MEErlNG DATE: July 18. 2011 ITEM: City Initiated Future Land Use Map Amendment From County -INSTl8 (Institutional, with
an underlying High Residential density of 8 units per acre) to City -CF (Community Facilities), and Rezoning from County RM (Multi-Family Residential Medium Density) to City CF (Community
Facilities). This is an Associated Voluntary Annexation (Via the Provisions of an Executed Water Service Agreement with Consent to Annexation) for the Lago Vista property, Located at
5430 Linton Boulevard. (Quasi"udicial Hearing) GENERAL DATA: Owner............. ...................... ...... NME Properties Corp. Applicant.......................... ........... City
of Delray Beach. Location...................................... South side of Linton Boulevard, west of Delray Medical Center (5430 Linton Boulevard). Property Size ..............................
6.12 Acres Existing F.L.U.M. Designation... County INST (Institutional) Proposed FLUM Designation.... City CF (Community Facilities) Existing County Zoning.. ............. County Multi-Family
Residential Medium Density (RM) Proposed City Zoning................. CF (Community Facilities) Adjacent Zoning ................ North: County RM (Residential Medium Density) East: City
CF (Community Facilities) South: City CF (Community Facilities) West: County RH (Residential High Density Existing Land Use. ..................... Nursing Home Proposed Land Use....................
Nursing Home Water Service ............................. Existing on site Sewer Service............................. Existing on site
The action before the Board is that of making a recommendation to the City Commission on a Cityinitiated Voluntary Annexation. Future Land Use Map (FLUM) Amendment from Palm Beach County
INST/8 (Institutional, with an underlying High Residential density of 8 units per acre) to City CF (Community Facilities), and rezoning from County RM (Multi-Family Residential Medium
Density) to City CF (Community Facilities) for an approximate 6.12 acre site located at 5430 Linton Boulevard. The subject property is located on the south side of Linton Boulevard to
the west of Delray Medical Center and east of Canal E-3 (see location map). 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, FLUM amendment, and Rezoning of any property within the City. On February 3, 1981,
an Agreement for Water and Sewer Service was executed for the Delray Medical Center, the adjacent medical office and shopping center developments and the subject property. The property
under consideration contains a 44,514 square feet nursing home with 120 units (as reported in the PBC Property Appraisers web-site), which was built in 1984. Over the years, the hospital
was expanded. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs which gave consent for future annexation and assessment of a storm water
assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement stated that the overall development will be annexed in phases with
the shopping center to be annexed by March 31. 2001 (completed), Delray Medical Center during the year 2005 (completed), Fair Oaks property by 2008 (completed), and the Lago Vista property
by 2011. The current property owner has been notified of the proposed annexation proceedings. The property is bordered to the north by the Las Verdes multiple family residential development;
to the east and south by Delray Medical Center; and to the west by the LWDD E-3 Canal. The subject property is under the jurisdiction of Palm Beach County, but is in the City of Delray
Beach's Planning Area. The property is located within the City's designated annexation area known as Annexation Area "Bu , as noted in Future Land Use Element Policy B-3.5 of the Comprehensive
Plan. The City's advisory FLUM designation for the property is CF (Community Facilities). The proposed .' -·FLUM amendment to implement the advisory designation and annexation (pursuant
to the referenced /Agreement for Water Service) with initial zoning of CF (Community Facilities) were initiated by the City Commission on July 5, 2011, and are now before the Board for
action. Current Land Use DeSignation: The current Future Land Use Map (FLUM) designation for the Lago Vista property is County INST/8 (Institutional, with an underlying High Residential
density of 8 units per acre). The current City "advisory" deSignation is CF (Community Facilities). The City's FLUM 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), is deemed to be advisory until an official Future Land Use Map Amendment is processed. Proposed
Land Use Designation: The proposed Future Land Use Map Designation is CF (Community Facilities).
Planning and Zoning Board Meeting of Jul}": ; 2011 Staff Report Lago Vista -Annexation, FLUM Amendment, and Rezoning Page 2 CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:, Designated
Annexation Area: The property to be annexed is located within designated Annexation Area "B" on the south side of Linton Boulevard to the west of Military Trail. Annexation of this property
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 Analvsis:
Consistency Between the City and County Land Use Designations: The proposed City Future Land Use Map Designation for the property is CF (Community Facilities). The existing County Future
Land Use Map Designation for the property is INST/8 (Institutional, with an underlying High Residential density of 8 units per acre). The City's CF Future Land Use Map DeSignation is
consistent with the existing County INST/8 designation in that the city's description of the Community Facilities designation states, "This designation is applied to current and future
school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single
function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature." Similarly to the County's INST/8 designation,
the City's CF designation allows for institutional uses to serve public, semi-public, and private purposes. Such purposes include govemmental, religious, educational, health care, social
services, and special facilities. It is noted, however, that unlike the County's INST/8 deSignation, the proposed City CF designation does not allow residential development. Adjacent
Future land Use Map Designations, Zoning Designations and Land Uses: The following zoning deSignations and uses abut the subject properties: FLUM Designation Zoning District Use North:
County HR (High Residential 12 dulac) County RM (Multiple Family ReSidential) Las Verdes Residential Development, Single Family Homes and Apartments South: East: CF (Community Facility)
CF (Community Facility) CF (Community Facilities) CF (Community Facilities) Delray Medical Center Delray Medical Center West: County MR-5 (Medium Residential 5 dulac) County RH (Residential
High DenSity) Delray Grande Residential Condominiums Proposed Zoning: There are four zoning districts permitted under the proposed Community Facilities (CF) Land Use Map designation,
CF (Community Facilities), SAD (Special Activities District, OS (Open Space) and OSR (Open Space and Recreation). The proposed zoning of CF, which is a special purpose zone district
primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semipublic, and private purposes, is consistent with the proposed CF FLUM designation
and is compatible with the adjacent development pattern.
Planning and Zoning Board Meeting of JuIS' '. '", 2011 Staff Report Lago Vista -Annexation. FLUM Amendment. and Rezoning Page 3 REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER
3: Pursuant to LOR 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.
a Future Land Use Map: The resulting use of land or structures must be aJJowed 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 Community Facilities (CF) zoning district is consistent with the proposed CF (Community Facilities) FLUM designation.
Facilities that are intended to serve the public, with semipublic, and private purposes, such as governmental, religious, educational, health care, social service, and special facilities
are allowed in the Community Facilities (CF) zoning district as a permitted use. Based on the above, positive findings can be made with respect to FLUM consistency. a 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 Institutional, with an underlying High Residential density of 8 units per acre (I NST/8) to City CF (Community Facilities), and rezoning
from County Multi-Family Residential Medium Density (RM) to City CF (Community Facilities) for a 6.12 acre site located at 5430 Linton Boulevard. Since the City's advisory FLUM designation
of CF, 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: Police: 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, bordered
by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue.pn the north and Clint Moore Road to the south. One County police 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 this property. Fire and Emergency SefVices: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station NO.5 (Linton
Boulevard &Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station)
to approximately 1.5 minutes for the City's Fire Department (Fire Station No.5).
Planning and Zoning Board Meeting of Jul} .. ,2011 Staff Report Lago Vista -Annexation, FLUM Amendment, and Rezoning Page 4 Police and Fire Personnel Needs: This annexation does not
directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of The MarketPlace of Delray Shopping Plaza,
Country Club Acres, Delray Medical Center, Fair Oaks, The Colony, and Bexley Park, as well as the redevelopment that has occurred in the City, have generated additional demands for personnel
from both the Police and Fire Rescue Departments. These needs will be addressed through the City's budgetary process. Water and Sewer: The existing development is connected to the City's
municipal water and sewer system, via 8u and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site.
The City's utilities Department has indicated that treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the
City at build-out. Streets: This property has direct access to Linton Boulevard. Linton Boulevard is under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated
maintenance responsibility will not change upon annexation. Based upon the above a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The existing
use (nursing home) does not have an impact with respect to this level of service standard. It is noted however. the City currently provides approximately 8 acres per 1,000 residents
of recreation space. which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use,
there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. 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. o Consistency: The requested designation is consistent with the
goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable ComprehensiVe Plan objective and poliCies are noted: Future Land Use Element
Policy A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated
Need -That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in
the existing character and FLUM deSignations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances.
The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall It apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested
designation Is of a similar intensity to the advisory deSignation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. 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 applied
to the property in association with the annexation, the demonstrated need does not apply.
Planning and Zoning Board Meeting of Ju1r, 2011 Staff Report Lago Vista -Annexation, FLUM Amendment, and Rezoning PageS Future Land Use Element Obiective A ..1 : Properly shall be developed
or redeveloped, In a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable
goods and services; are complementary to and compatible with 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 INSTl8 (Institutional, with an underlying High Residential density of 8 units per acre) and the proposed
City designation is CF (Community Facilities). Although the County's RM (Multi-Family Residential Medium Density) zoning district allows for residential development, the proposed CF
(Community Facilities) City zoning deSignation does not. It allows governmental, religious, educational, health care, social service, and special facilities developments. The proposed
CF (Community Facilities) FLUM designation is compatible with the existing developments to the east (Delray Medical Center); to the west (Delray Grande residential development); and
to the south (the Fair Oaks hospice and counseling property), all of which are located within the same CF FLUM designation. It is also compatible with the existing Las Verdes Residential
Development, single family homes and apartment complex 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 Lago Vista property was processed both through the County and the City for consistency with the
LORs as part of the water service agreement process. Any future redevelopment of the subject property will be submitted through the site plan review process and will be reviewed for
compliance with the LDRs. Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated area
of the County, which is contiguous to a municipality and reasonably compact may petition the .. ··goveming 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". As noted throughout the report, the Lago
Vista property is a voluntary annexation which was 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. Note that this is not an enclave and this annexation helps to square off the City Limits. Financial
Impacts: For the 2010 tax year, the subject property had an assessed value of $3,088,227. With the change from County to City jurisdiction, the following taxes and rates will be affected:
I
Planning and Zoning Board Meeting of Jul~. •2011 Staff Report Lago Vista -Annexation, FLUM Amendment, and Rezoning Page 6 * Total tax millage in the county is 19.0477 mills. If annexed
into the City, the total millage would be 23.4267 mills, a difference of 4.3790 mills. In addition to Ad Valorem 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. The storm water assessment
for the property is estimated at $3,340. 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 Lago Vista property is currently providing a solid waste disposal fee to the County. After annexation, an assessment fee of approximately
$1,052 per year for this service will be paid to the City. Effect upon Annexed Property: the following table depicts current assessed value and a summary of the total (County) taxes
for the subject property, as well as the total City taxes upon annexation of the .' "property: . "", .. , .ADOMS' I·: .. ·.·,· . " PCN· TA~A~L.e· .:P.l!c PBC NON.TOTAL· PBe ~~ AOVAL;.
~:!L~~ ~~'g'F······........' . VALUE 201li AI)VAL.· ADVAL.< :PBO.· COUNTY DSLRAY CITY Of'. BEACH . DIFFERIiiNOIi .... ..• TAXES. TAXES' TAXE$. MILLAQE TAXE$:.. ~AlyRfl< MilLAGE . ~~';f'::
. . ". ! ! • . F5430=u::.::nlon=BI::::vd+d42=46=2BIlOOOIl=~1;..;.19;.;;0t-:-;l.3088::.;.;!=2Z7::..r--.-6:..:1:!:,O::::54=+--,-::9:.:.:169:::~+-1~7::::.0,22==i3f-=:19~ , 23.4267 76739
TOTAL $3088,2271 $61.054 $9.169 $7D.223 19~ $72.3471 $4.392' 23.4267 $76,7391 6,516 6,516 The current yearly ad valorem and non ad valorem taxes are $70,223 (61.054+9,169=70,223). With
annexation, the yearly ad valorem and non ad valorem taxes will increase to $76,739 (72,347+4,392=76,739); a tax difference of $6,516.
Planning and Zoning Board Meeting of Jul~...",2011 Staff Report Lago Vista -Annexation, FLUM Amendment, and Rezoning Page 7 Fiscal Impacts: As shown on the above table, annexation into
the City would cost the owners of this property an additional $6,516 in taxes per year. As shown on the Table below, the total fiscal impact to the City is approximately $28,238 per
year. If, however, the property were to be redeveloped in the future, additional revenues would 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. ,--,,' Future Land Use Map Consistency.
Concurrency. Comprehensive Plan Consistency and Compliance with the development criteria of the LDRs were previously discussed under the ItFuture 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 the property. The proposed
City zoning designation is CF (Community Facilities), while the current County zoning designation is RM (Multi-Family Residential Medium Density). The surrounding zoning designations
are: CF (Community Facilities) to the east and south; County RM (Medium Density Residential) to the north; and County RH (Residential High Density) to the west.
Planning and Zoning Board Meeting of Juls· .... , 2011 Siaff Report Lago Vista -Annexation, FLUM Amendment, and Rezoning PageS The City's CF zoning district is primarily, but not exclusively,
intended for locations at which facilities are provided to serve public, semi-public, and private purposes, such as governmental facilities, community centers, recreational facilities,
religious institutions and educational facilities. On April 5, 2011, the City adopted Ordinance No.09-11, establishing a "Medical Arts Overlay District" in this area, which includes
the subject property. In addition to the regular uses permitted in the CF zoning district, other health care related institutional uses, such as Non-residential Licensed Service Provider
Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including
residential care, are also permitted within this Overlay District. These uses are consistent with the existing health care facilities surrounding the hospital (Delray Medical Center).
It is noted that nursing homes are not a permitted use within the CF zoning district. Therefore, the existing Lago Vista nursing home will become a non-conforming use with the proposed
annexation and rezoning of the subject property. However, the nursing home will be allowed to remain and operate as a non-conforming use as long as the use is not discontinued or abandoned
for a continuous period of 180 days. Section 3.2.2 (Standards for Rezoning Actions): standard "An, "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: 0) 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 at this
time, since the property currently contains a nursing home, which has existed at this location since 1984. Although nursing homes are not a permitted use within the proposed CF zoning
district, they are compatible with the uses that are permitted. The permitted uses allowed within the CF zoning district, including those additional uses allowed within the Medical Arts
Overlay District on the subject property, are compatible with both the surrounding community facilities (health care facilities) to the south and east, and the adjacent residential developments
to the north and west. If the subject property were to be redeveloped at a later date, the development proposal would be reviewed for compatibility during the processing of the site
plan. Based upon the above, positive findings with regard to LOR Section 3.2.2(0) can be made. Section 2.4.5 (0)(5) (Rezoning Findings): Pursuant to Section 2.4.5 (0) (5), Pursuant to
LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change
is being sought These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances
which make the current zoning inapproprlatej 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.
Planning and Zoning Board Meeting of Ju~' ", 2011 Staff Report Lago Vista -Annexation, FLUM Amendment, and Rezoning Page 9 As noted above. the property is developed and the existing
development (Lago Vista nursing home) is compatible with the surrounding area. Any future redevelopment of the subject property will be required to comply with the City's Land Development
Regulations. Items "b" and ·c" are the basis for which the rezoning should be granted. The property is currently in the unincorporated area of Palm Beach County. It is also within the
City of Delray Beach future annexation area with an advisory Future Land Use Map (FLUM) designation of CF. The voluntary annexation is a ·change in circumstance" that requires that an
appropriate City zoning district be applied to the property. The CF zoning district is the most appropriate within the City's CF FLUM designation, given the nature of the existing development
and the surrounding area. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D)(5). The subject properties are not in an area that requires review
by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 17, 2011, 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: On June 23,
2011 a notice of the Future Land Use Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities.
Lake Worth Drainage District: On June 23, 2011, 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 Notices: Special courtesy notices were provided to the follOwing homeowners and civic associations:
• Neighborhood Advisory Council . ,'. Delray Citizens Coalition /• Hammock Reserve HOA • Del-Aire HOA • Shadywoods HOA Public Notice: Formal public notice has been provided to the affected
property owners as well as property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting. 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 Lago Vista
property, the City's advisory CF (Community Facilities) Future Land Use Map DeSignation is consistent with the County's INSTl8
Planning and Zoning Board Meeting of Jul\ .:. 2011 Staff Report Lago Vista -Annexation. FLUM Amendment. and Rezoning Page 10 (Institutional, with an underlying High Residential density
of 8 units per acre) designation and the adjacent development pattern to the east which includes the Delray Medical Center and the Fair Oaks property located to the south. This Future
Land Use Map designation is being proposed concurrently with a request for initial zoning of CF (Community Facilities) 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 property will experience a slight increase in overall 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. A. Continue with direction. B. 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 INST/8 (Institutional, with an underlying High Residential
density of 8 units per acre) to City CF (Community Facilities), and rezoning from County RM (Multi-Family Residential Medium Density) to City CF (Community Facilities) for an approximate
6.12 acre site located at 5430 Linton Boulevard, known as the Lago Vista property, by adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D}(5}, 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 (FLUM) Amendment from Palm Beach County INST/8 (Institutional, with an
underlying High Residential density of 8 units per acre) to City CF (Community Facilities), and rezoning from County RM (Multi-Family Residential Medium Density) to City CF (Community
Facilities) for an apprOXimate 6.12 acre site located at 5430 Linton Boulevard, known as the Lago Vista property, by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof 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. 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 JNST/8 (Institutional. with an underlying High Residential density of 8 units per acre) to City CF (Community Facilities), and rezoning from County RM (Multi-Family Residential
Medium Density) to City CF (Community Facilities) for an approximate 6.12 acre site located at 5430 Linton Boulevard known as the Lago Vista property, 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: Estelio Breto, Senior Planner Attachments: Location Map and Zoning Map
CF R·1 CFCF POC LAG 0 VISTA ANNEXATION AND ZONING MAP IiiIII PROPOSED ZONING CHANGE FROM PALM BEACH COUNlY TO CllY CF (COMMUNllY FAC!UTlES) --DIQITAl. 1M$£' MAP SYSlEJI -
,...--------------..:;.;...'----------_--: .. ----------,.. : ..;,;.. .... LARGO VISTA ANNEXATION AND FUTURE LAND USE MAP PLANNING AND ZONING OEPARTMENT Ii'III PROPOSED CHANGE FROM PALM
BEACH COUNTY IHSTlnmONAL TO CITY CF (COMMUJIITV FACIUnES) CF N F BC CF
--------------------------------_., .PUB: Friday.~21.2011' ...'. .. FridaY. OcIOber 28; 2011 . : .... •f
WHEREAS, pursuant to LOR Section 22.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its rreeting of July 18,2011, and voted 5 to 0 to
recolI1II'e1d that the annexation be approved with an initial zoning of Community Facilities (CF) District,
based upon fX>sitive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers
the objectives and fX>licies of the Comprehensive Plan; and
WHEREAS, the Gty Commission of the Gty of De1ray Beach adopts the findings in the
Planning and Zoning Staff Rep:>rt; and
WHEREAS, the Gty Commission of the Gty of De1ray Beach finds the ordinance is
comistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE OTY CO:rvtMISSION OF THE
OTY OF DELRAY BEACH. FLORIDA, AS FOLWWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That the Gty Commission of the Gty of De1ray Beach. Pa1m Beach County,
Florid\ hereby annexes to said Gty the following described land located in Pa1m Beach County, Florid\
mch lies contigoous to said Gty to-wit:
A parcel of land situate in Section 26, Township 46 South. Range 42 East, Pa1m Beach County, Florid\
being m::>re particularly described as folloW):
Cornrrencing at the northeast comer of said Section 26; thence along the North line of said Section 26,
North 89° 56' 07" West, a distance of 1967.73 feet to a fX>int on the South right-of-way line of Linton
Boulevard as described in Official Record Book 7818 Page 139, Public Records of Pa1m Beach County,
Florid\ said fX>int being a fX>int of curvature of a curve concave to the South having a radius of 7581.44
feet; thence along said South right-of-Wl}' line and \-\eSterlyalong the arc of said curve, through a central
angle of 01° 46' 47", a distance of 235.48 feet to a non-tangent line and the Point of Beginnirlg; thence
South 00° 03' 53" West, a distance of 712.34 feet to a fX>int on the South line of the North 715.99 feet of
said Section 26; thence along said South line North 89° 56' 07" West, a distance of 375.71 feet to a fX>int
on the East line of the West 56.10 feet of the north\-\eSt quarter of said Section 26; thence along the East
line North 00° 31' 11" West, a distance of 691.76 feet to a fX>int on the said South right-of-way line of
Linton Boulevard; thence along said South right-of-way line North 86° 18' 21/1 East, a distance of 121.45
feet to a fX>int of curvature of a curve concave to the South having a radius of 7581.44 feet; thence
2
Ord No. 38-11
easterly along the arc of said cwve, through a central angle of 01 0 58' 45", a distance of 261.90 feet to the
Point of Beginning.
Section 3. That the boundaries of the Gty of Delray Beach, Florida, are hereby redefined
to inch~ therein the abo~described tract of land, and said 1and is hereby declared to be within the
corporate limits of the Gty of Delray Beach, Florida
Section 4. That the 1and hereinabove described shall imrrediately becoIre subject to all
of the franchises, privileges, irnrmmities, debts, obli~ns, liabilities, ordinances and laws to Wlich :Jands
in the Gty of Delray Beach are now or may be subjected. including the Storrnwater :Managerralt
asses.smmt, levied by the Gty purswnt to its ordinances and as required by Florida Statutes Olapter 197,
and persons :residing thereon shall be deemed citizens of the Gty 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 Gty of any maintenance re5fX>nsibility for soch
IOa.cE, alleys, or the like, unless otherwise specifically initiated by the Gty pursuant to current
requirements and conditions.
Section 6. That Chapter T'\\{) of the Land DevelopIrel1t Regulations has been follo~
in the establishment of a zoning cla$ification in this ordinance and the tract of 1and hereinabove
described is hereby declared to be in the Community Facilities (CF) Zoning District as defined by
existing ordinances of the Gty of Delray Beach.
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 JX>rtion thereof,
any paragraph. sentence or '\\{)ro be declared by a court of competent jurisdiction to be invalid. soch
decision shall not affect the validity of the remainder hereof as a vmole or part thereof other than the part
dec1aredtobeinvalid
Section 9. That this ordinance shall becoIre effective as follows: As to annexation,.
inunediately UfX>Il ~on second and final reading; as to zoning upon the effective date of
Ordinance No. 25-11, meier WUch official Future Land Use '.Map designation of CF (Community
Facilities) is affixed to the subject parcel herein described.
3
Ord No. 38-11
PASSED AND ADOPTED in regular session on second and final reading on this the
__day of ,20_.
AITE~ MAYOR
GtyOerk
FU&~____________
Second Reading _____
4
OrdNo.38-11
Coversheet Page 1 of2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Estelio Breto, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: David T. Harden, City Manager
DATE: October 5, 2011
SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 18,2011
ORDINANCE NO. 38-11
ITEM BEFORE COMMISSION
The item before the City Commission is that of approval of a City-initiated Annexation (via the
provisions of an executed Water Service Agreement) of the "Lago Vista" property and initial zoning of
CF for a 6.12 acre site located on the south side of Linton Boulevard west of Delray Medical Center
(Delray Hospital) and east of Canal E-3 (5430 Linton Boulevard).
BACKGROUND
The property under consideration contains a 44,514 square feet nursing home with 120 units (as
reported in the PBC Property Appraisers web-site), which was built in 1984. Its annexation is pursuant
to a modified water service agreement executed on March 18, 1999. The agreement for a larger parcel
of 56.501 acres stated that the overall development will be annexed in phases with the shopping center
to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005
(completed), Fair Oaks property by 2008 (completed), and the Lago Vista property by 2011 (this
property). Along with the annexation, the City is rezoning the property from County RM (Multi-Family
Residential Medium Density) to City CF (Community Facilities) . The property is located within the
City's designated annexation area known as Annexation Area "B " , as noted in Future Land Use
Element Policy B-3.5 of the Comprehensive Plan. The associated Future Land Use Amendment will be
considered with the second reading of this annexation and rezoning ordinance. A full analysis of the
proposed annexation, rezoning, and Land Use Amendment is provided in the attached July 18, 2011,
Planning and Zoning Board staff report.
REVIEW BY OTHERS
The subject property is not in a geographical area reqmnng review by the CRA (Community
Redevelopment Agency) or the DDA (Downtown Development Authority). The Planning and Zoning
Board held its public hearing regarding the annexation, rezoning and FLUM amendment on July 18,
2011 and unanimously (5-0) recommended approvaL
http://itwebapp / AgendalntranetIBluesheet.aspx?ItemID=4992&MeetingID= 362 10/20/2011
Coversheet Page 2 of2
Palm Beach County Notice:
On June 17,2011, 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.
Interlocal Plan Amendment Review Committee (IP ARq Notice:
On June 23,2011 a notice of the Future Land Use Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities.
To date, no objections have been received.
Lake Worth Drainage District:
On June 23, 2011, 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 Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
Neighborhood Advisory Council
Delray Citizens Coalition
Hammock Reserve HOA
Del-Aire HOA
Shadywoods HOA
Public Notice:
Formal public notice has been provided to the affected property owners as well as property owners
within a 500' radius of the subject property. We have received no letters of objection or support.
RECOMMENDATION
By motion, approve on first reading, Ordinance No. 38-11, annexing and applying an initial zoning of
CF for the Lago Vista property, 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/AgendalntranetIBluesheet.aspx?ltemID=4992&MeetinglD=362 10/20/2011
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT-·-
MEErlNG DATE: July 18. 2011
ITEM: City Initiated Future Land Use Map Amendment From County -INSTl8
(Institutional, with an underlying High Residential density of 8 units per acre) to
City -CF (Community Facilities), and Rezoning from County RM (Multi-Family
Residential Medium Density) to City CF (Community Facilities). This is an
Associated Voluntary Annexation (Via the Provisions of an Executed Water
Service Agreement with Consent to Annexation) for the Lago Vista property,
Located at 5430 Linton Boulevard. (Quasi"udicial Hearing)
GENERAL DATA:
Owner............. ...................... ...... NME Properties Corp.
Applicant.......................... ........... City of Delray Beach.
Location...................................... South side of Linton Boulevard,
west of Delray Medical Center
(5430 Linton Boulevard).
Property Size .............................. 6.12 Acres
Existing F.L.U.M. Designation... County INST (Institutional)
Proposed FLUM Designation.... City CF (Community Facilities)
Existing County Zoning.. ............. County Multi-Family Residential
Medium Density (RM)
Proposed City Zoning................. CF (Community Facilities)
Adjacent Zoning ................ North: County RM (Residential Medium
Density)
East: City CF (Community Facilities)
South: City CF (Community Facilities)
West: County RH (Residential High
Density
Existing Land Use. ..................... Nursing Home
Proposed Land Use.................... Nursing Home
Water Service ............................. Existing on site
Sewer Service............................. Existing on site
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 (FLUM) Amendment from Palm Beach County
INST/8 (Institutional, with an underlying High Residential density of 8 units per acre) to City CF
(Community Facilities), and rezoning from County RM (Multi-Family Residential Medium Density) to City
CF (Community Facilities) for an approximate 6.12 acre site located at 5430 Linton Boulevard.
The subject property is located on the south side of Linton Boulevard to the west of Delray Medical
Center and east of Canal E-3 (see location map). 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, FLUM amendment, and Rezoning
of any property within the City.
On February 3, 1981, an Agreement for Water and Sewer Service was executed for the Delray Medical
Center, the adjacent medical office and shopping center developments and the subject property. The
property under consideration contains a 44,514 square feet nursing home with 120 units (as reported in
the PBC Property Appraisers web-site), which was built in 1984.
Over the years, the hospital was expanded. On March 18, 1999, the Agreement for Water and Sewer
Service was amended and included paragraphs which gave consent for future annexation and
assessment of a storm water assessment fee. The Agreement was processed in conjunction with a
proposal to expand the medical center. The agreement stated that the overall development will be
annexed in phases with the shopping center to be annexed by March 31. 2001 (completed), Delray
Medical Center during the year 2005 (completed), Fair Oaks property by 2008 (completed), and the
Lago Vista property by 2011.
The current property owner has been notified of the proposed annexation proceedings. The property is
bordered to the north by the Las Verdes multiple family residential development; to the east and south
by Delray Medical Center; and to the west by the LWDD E-3 Canal.
The subject property is under the jurisdiction of Palm Beach County, but is in the City of Delray Beach's
Planning Area. The property is located within the City's designated annexation area known as
Annexation Area "B u
, as noted in Future Land Use Element Policy B-3.5 of the Comprehensive Plan.
The City's advisory FLUM designation for the property is CF (Community Facilities). The proposed
.' -·FLUM amendment to implement the advisory designation and annexation (pursuant to the referenced
/ Agreement for Water Service) with initial zoning of CF (Community Facilities) were initiated by the City
Commission on July 5, 2011, and are now before the Board for action.
Current Land Use DeSignation: The current Future Land Use Map (FLUM) designation for the Lago
Vista property is County INST/8 (Institutional, with an underlying High Residential density of 8 units per
acre). The current City "advisory" deSignation is CF (Community Facilities). The City's FLUM
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), is deemed to be advisory until an official
Future Land Use Map Amendment is processed.
Proposed Land Use Designation: The proposed Future Land Use Map Designation is CF (Community
Facilities).
Planning and Zoning Board Meeting of Jul}": ; 2011 Staff Report
Lago Vista -Annexation, FLUM Amendment, and Rezoning
Page 2
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:,
Designated Annexation Area: The property to be annexed is located within designated Annexation
Area "B" on the south side of Linton Boulevard to the west of Military Trail. Annexation of this property 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 Analvsis:
Consistency Between the City and County Land Use Designations:
The proposed City Future Land Use Map Designation for the property is CF (Community Facilities). The
existing County Future Land Use Map Designation for the property is INST/8 (Institutional, with an
underlying High Residential density of 8 units per acre). The City's CF Future Land Use Map
DeSignation is consistent with the existing County INST/8 designation in that the city's description of the
Community Facilities designation states,
"This designation is applied to current and future school sites; to current and future
sites for public buildings; and to current and future sites for public facilities e.g. the
wastewater treatment plant. It is also applied to single function (purpose) buildings
which have been constructed for community related purposes (e.g. churches) and
which are not commercial in nature."
Similarly to the County's INST/8 designation, the City's CF designation allows for institutional uses to
serve public, semi-public, and private purposes. Such purposes include govemmental, religious,
educational, health care, social services, and special facilities. It is noted, however, that unlike the
County's INST/8 deSignation, the proposed City CF designation does not allow residential development.
Adjacent Future land Use Map Designations, Zoning Designations and Land Uses:
The following zoning deSignations and uses abut the subject properties:
FLUM Designation Zoning District Use
North:
County HR (High Residential
12 dulac)
County RM (Multiple Family
ReSidential)
Las Verdes Residential
Development, Single Family
Homes and Apartments
South:
East:
CF (Community Facility)
CF (Community Facility)
CF (Community Facilities)
CF (Community Facilities)
Delray Medical Center
Delray Medical Center
West: County MR-5 (Medium
Residential 5 dulac)
County RH (Residential High
DenSity)
Delray Grande Residential
Condominiums
Proposed Zoning:
There are four zoning districts permitted under the proposed Community Facilities (CF) Land Use Map
designation, CF (Community Facilities), SAD (Special Activities District, OS (Open Space) and OSR
(Open Space and Recreation). The proposed zoning of CF, which is a special purpose zone district
primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi
public, and private purposes, is consistent with the proposed CF FLUM designation and is compatible
with the adjacent development pattern.
Planning and Zoning Board Meeting of JuIS' '. '", 2011 Staff Report
Lago Vista -Annexation. FLUM Amendment. and Rezoning
Page 3
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LOR 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.
a Future Land Use Map: The resulting use of land or structures must be aJJowed 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 Community Facilities (CF) zoning district is consistent with the proposed CF
(Community Facilities) FLUM designation. Facilities that are intended to serve the public, with semi
public, and private purposes, such as governmental, religious, educational, health care, social
service, and special facilities are allowed in the Community Facilities (CF) zoning district as a
permitted use. Based on the above, positive findings can be made with respect to FLUM
consistency.
a 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 Institutional, with an underlying High Residential density of 8 units per acre
(I NST/8) to City CF (Community Facilities), and rezoning from County Multi-Family Residential
Medium Density (RM) to City CF (Community Facilities) for a 6.12 acre site located at 5430 Linton
Boulevard.
Since the City's advisory FLUM designation of CF, 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:
Police: 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,
bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue.pn the
north and Clint Moore Road to the south. One County police 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 this property.
Fire and Emergency SefVices: The annexation of this property will not require additional manpower.
The adjacent municipal area is served by Fire Station NO.5 (Linton Boulevard &Germantown Road).
With annexation, the property will receive an improvement in response time from the current 3.5
minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minutes for the
City's Fire Department (Fire Station No.5).
Planning and Zoning Board Meeting of Jul} .. ,2011 Staff Report
Lago Vista -Annexation, FLUM Amendment, and Rezoning
Page 4
Police and Fire Personnel Needs: This annexation does not directly generate the demand for
additional Police and Fire personnel. However, this annexation in conjunction with the recent
annexations of The MarketPlace of Delray Shopping Plaza, Country Club Acres, Delray Medical
Center, Fair Oaks, The Colony, and Bexley Park, as well as the redevelopment that has occurred in
the City, have generated additional demands for personnel from both the Police and Fire Rescue
Departments. These needs will be addressed through the City's budgetary process.
Water and Sewer: The existing development is connected to the City's municipal water and sewer
system, via 8 u and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and
Sewer Service in 1981, these mains were extended to the site. The City's utilities Department has
indicated that treatment capacity is available at the City's Water Treatment Plant and the South
Central County Waste Water Treatment Plant for the City at build-out.
Streets: This property has direct access to Linton Boulevard. Linton Boulevard is under Palm Beach
County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility
will not change upon annexation. Based upon the above a positive finding with respect to traffic
concurrency can be made.
Parks and Open Space: The existing use (nursing home) does not have an impact with respect to
this level of service standard. It is noted however. the City currently provides approximately 8 acres
per 1,000 residents of recreation space. which far exceeds the desired standard of 3 acres per 1,000
residents established in the Comprehensive Plan.
Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal.
The service provider will remain the same, as described later in this report. 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.
o Consistency: The requested designation is consistent with the goals, objectives and policies
of the most recently adopted Comprehensive Plan.
The following applicable ComprehensiVe Plan objective and poliCies are noted:
Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based upon the
findings listed below, and must be supported by data and analysis that demonstrate
compliance with these findings:
Demonstrated Need -That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the availability
of land, changes in the existing character and FLUM deSignations of the surrounding area,
fulfillment of a comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data and analysis
verifying the changing demographics or other circumstances. This requirement shall not
apply to requests for the FLUM designations of Conservation or Recreation and Open Space;
nor shall It apply to FLUM changes associated with annexations when the City's advisory
FLUM designation is being applied, or when the requested designation Is of a similar
intensity to the advisory deSignation. However, the findings described in the remainder of
this policy must be addressed with all FLUM amendments.
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
applied to the property in association with the annexation, the demonstrated need does not apply.
Planning and Zoning Board Meeting of Ju1r, 2011 Staff Report
Lago Vista -Annexation, FLUM Amendment, and Rezoning
PageS
Future Land Use Element Obiective A ..1 : Properly shall be developed or redeveloped, In a
manner so that the future use, intensity and density are appropriate in terms of soil,
topographic, and other applicable physical considerations; encourage affordable goods and
services; are complementary to and compatible with 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 INSTl8 (Institutional, with an
underlying High Residential density of 8 units per acre) and the proposed City designation is CF
(Community Facilities). Although the County's RM (Multi-Family Residential Medium Density) zoning
district allows for residential development, the proposed CF (Community Facilities) City zoning
deSignation does not. It allows governmental, religious, educational, health care, social service, and
special facilities developments. The proposed CF (Community Facilities) FLUM designation is
compatible with the existing developments to the east (Delray Medical Center); to the west (Delray
Grande residential development); and to the south (the Fair Oaks hospice and counseling property),
all of which are located within the same CF FLUM designation. It is also compatible with the existing
Las Verdes Residential Development, single family homes and apartment complex 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 Lago Vista property was processed both through the County and
the City for consistency with the LORs as part of the water service agreement process. Any future
redevelopment of the subject property will be submitted through the site plan review process and will
be reviewed for compliance with the LDRs.
Florida Statues Governing Voluntary Annexations:
Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated
area of the County, which is contiguous to a municipality and reasonably compact may petition the
.. ··goveming 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".
As noted throughout the report, the Lago Vista property is a voluntary annexation which was 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. Note that this is not an enclave and this annexation helps to square off the City Limits.
Financial Impacts:
For the 2010 tax year, the subject property had an assessed value of $3,088,227. With the change from
County to City jurisdiction, the following taxes and rates will be affected:
I
Planning and Zoning Board Meeting of Jul~. •2011 Staff Report
Lago Vista -Annexation, FLUM Amendment, and Rezoning
Page 6
* Total tax millage in the county is 19.0477 mills. If annexed into the City, the total millage would be 23.4267 mills, a
difference of 4.3790 mills.
In addition to Ad Valorem 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. The storm water assessment for the property is
estimated at $3,340.
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 Lago Vista property is currently providing a solid waste disposal
fee to the County. After annexation, an assessment fee of approximately $1,052 per year for this
service will be paid to the City.
Effect upon Annexed Property: the following table depicts current assessed value and a summary of the
total (County) taxes for the subject property, as well as the total City taxes upon annexation of the
.' "property:
. "", .. ,
.ADOMS'
I·: .. ·.·,·
. " PCN· TA~A~L.e· .:P.l!c PBC NON.TOTAL· PBe ~~ AOVAL;. ~:!L~~ ~~'g'F······........' .
VALUE 201li AI)VAL.· ADVAL.< :PBO.· COUNTY DSLRAY CITY Of'. BEACH . DIFFERIiiNOIi
.... ..• TAXES. TAXES' TAXE$. MILLAQE TAXE$:.. ~AlyRfl< MilLAGE . ~~';f':: . . ".
! ! • .
F5430=u::.::nlon=BI::::vd+d 42=46=2BIlOOOIl=~1;..;.19;.;;0t-:-;l.3 088::.;.;!=2Z7::..r--.-6:..:1:!:,O::::54=+--,-::9:.:.:169:::~+-1~7::::.0,22==i3f-=:19~ , 23.4267 76739
TOTAL $3088,2271 $61.054 $9.169 $7D.223 19~ $72.3471 $4.392' 23.4267 $76,7391
6,516
6,516
The current yearly ad valorem and non ad valorem taxes are $70,223 (61.054+9,169=70,223). With
annexation, the yearly ad valorem and non ad valorem taxes will increase to $76,739
(72,347+4,392=76,739); a tax difference of $6,516.
Planning and Zoning Board Meeting of Jul~...",2011 Staff Report
Lago Vista -Annexation, FLUM Amendment, and Rezoning
Page 7
Fiscal Impacts: As shown on the above table, annexation into the City would cost the owners of this
property an additional $6,516 in taxes per year. As shown on the Table below, the total fiscal impact to
the City is approximately $28,238 per year. If, however, the property were to be redeveloped in the
future, additional revenues would 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.
,--,,'
Future Land Use Map Consistency. Concurrency. Comprehensive Plan Consistency and Compliance
with the development criteria of the LDRs were previously discussed under the ItFuture 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 the property.
The proposed City zoning designation is CF (Community Facilities), while the current County zoning
designation is RM (Multi-Family Residential Medium Density). The surrounding zoning designations are:
CF (Community Facilities) to the east and south; County RM (Medium Density Residential) to the north;
and County RH (Residential High Density) to the west.
Planning and Zoning Board Meeting of Juls· .... , 2011 Siaff Report
Lago Vista -Annexation, FLUM Amendment, and Rezoning
PageS
The City's CF zoning district is primarily, but not exclusively, intended for locations at which facilities are
provided to serve public, semi-public, and private purposes, such as governmental facilities, community
centers, recreational facilities, religious institutions and educational facilities.
On April 5, 2011, the City adopted Ordinance No.09-11, establishing a "Medical Arts Overlay District" in
this area, which includes the subject property. In addition to the regular uses permitted in the CF zoning
district, other health care related institutional uses, such as Non-residential Licensed Service Provider
Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers;
Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential
care, are also permitted within this Overlay District. These uses are consistent with the existing health
care facilities surrounding the hospital (Delray Medical Center).
It is noted that nursing homes are not a permitted use within the CF zoning district. Therefore, the
existing Lago Vista nursing home will become a non-conforming use with the proposed annexation and
rezoning of the subject property. However, the nursing home will be allowed to remain and operate as a
non-conforming use as long as the use is not discontinued or abandoned for a continuous period of 180
days.
Section 3.2.2 (Standards for Rezoning Actions): standard "An, "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:
0) 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 at this time, since the property currently contains a nursing home, which
has existed at this location since 1984. Although nursing homes are not a permitted use within the
proposed CF zoning district, they are compatible with the uses that are permitted. The permitted uses
allowed within the CF zoning district, including those additional uses allowed within the Medical Arts
Overlay District on the subject property, are compatible with both the surrounding community facilities
(health care facilities) to the south and east, and the adjacent residential developments to the north and
west. If the subject property were to be redeveloped at a later date, the development proposal would be
reviewed for compatibility during the processing of the site plan. Based upon the above, positive findings
with regard to LOR Section 3.2.2(0) can be made.
Section 2.4.5 (0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of
Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the
reasons for which the rezoning change is being sought These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inapproprlatej 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.
Planning and Zoning Board Meeting of Ju~' ", 2011 Staff Report
Lago Vista -Annexation, FLUM Amendment, and Rezoning
Page 9
As noted above. the property is developed and the existing development (Lago Vista nursing home) is
compatible with the surrounding area. Any future redevelopment of the subject property will be required
to comply with the City's Land Development Regulations. Items "b" and ·c" are the basis for which the
rezoning should be granted. The property is currently in the unincorporated area of Palm Beach County.
It is also within the City of Delray Beach future annexation area with an advisory Future Land Use Map
(FLUM) designation of CF. The voluntary annexation is a ·change in circumstance" that requires that an
appropriate City zoning district be applied to the property. The CF zoning district is the most appropriate
within the City's CF FLUM designation, given the nature of the existing development and the surrounding
area. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D)(5).
The subject properties are not in an area that requires review by the Community Redevelopment Agency
(CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On June 17, 2011, 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:
On June 23, 2011 a notice of the Future Land Use Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities.
Lake Worth Drainage District:
On June 23, 2011, 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 Notices:
Special courtesy notices were provided to the follOwing homeowners and civic associations:
• Neighborhood Advisory Council
. ,'. Delray Citizens Coalition
/ • Hammock Reserve HOA
• Del-Aire HOA
• Shadywoods HOA
Public Notice:
Formal public notice has been provided to the affected property owners as well as property owners
within a 500' radius of the subject property. Additional letters of support or objection, if any, will be
presented at the Planning and Zoning Board meeting.
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 Lago Vista property, the City's advisory CF
(Community Facilities) Future Land Use Map DeSignation is consistent with the County's INSTl8
Planning and Zoning Board Meeting of Jul\ .:. 2011 Staff Report
Lago Vista -Annexation. FLUM Amendment. and Rezoning
Page 10
(Institutional, with an underlying High Residential density of 8 units per acre) designation and the
adjacent development pattern to the east which includes the Delray Medical Center and the Fair Oaks
property located to the south. This Future Land Use Map designation is being proposed concurrently
with a request for initial zoning of CF (Community Facilities) 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 property will experience a slight increase in
overall 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.
A. Continue with direction.
B. 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 INST/8
(Institutional, with an underlying High Residential density of 8 units per acre) to City CF (Community
Facilities), and rezoning from County RM (Multi-Family Residential Medium Density) to City CF
(Community Facilities) for an approximate 6.12 acre site located at 5430 Linton Boulevard, known as
the Lago Vista property, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and meets
the criteria set forth in Sections 2.4.5(D}(5}, 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 (FLUM) Amendment from Palm Beach County INST/8 (Institutional, with an
underlying High Residential density of 8 units per acre) to City CF (Community Facilities), and
rezoning from County RM (Multi-Family Residential Medium Density) to City CF (Community
Facilities) for an apprOXimate 6.12 acre site located at 5430 Linton Boulevard, known as the Lago
Vista property, by adopting the findings of fact and law contained in the staff report, and finding that
the request and approval thereof 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.
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 JNST/8
(Institutional. with an underlying High Residential density of 8 units per acre) to City CF (Community
Facilities), and rezoning from County RM (Multi-Family Residential Medium Density) to City CF
(Community Facilities) for an approximate 6.12 acre site located at 5430 Linton Boulevard known as
the Lago Vista property, 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: Estelio Breto, Senior Planner
Attachments: Location Map and Zoning Map
CF R·1
CF CF
POC
LAG 0 VISTA
ANNEXATION AND ZONING MAP
IiiIII PROPOSED ZONING CHANGE FROM PALM BEACH COUNlY TO CllY CF (COMMUNllY FAC!UTlES)
--DIQITAl. 1M$£' MAP SYSlEJI -
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LARGO VISTA
ANNEXATION AND FUTURE LAND USE MAP
PLANNING AND ZONING
OEPARTMENT Ii'III PROPOSED CHANGE FROM PALM BEACH COUNTY IHSTlnmONAL TO CITY CF (COMMUJIITV FACIUnES)
CF
N
F
BC
CF
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.PUB: Friday.~21.2011' ...'.
.. FridaY. OcIOber 28; 2011 .
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