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Ord 40-98 · .- .,.. ':~ .. .. , ¡ - ;~ I \ ., '. ORB 1 25:56 Pg 466 '),J ORDINANCE NO. 40-98 I '),." ~! "- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF (I.f) , 'Ii DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF f'0,¡ DELRAY BEACH, A PARCEL OF LAND LOCATED BETWEEN I ~:! MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 Cl: FEET SOUTH OF WEST ATLANTIC AVENUE , AS MORE I PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS I ',' CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND ; ~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID ~ SÖ· LAND ; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF I MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR I ~ SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN I THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER ~. THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE -:j LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING q THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER .\ CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ~ 'Ì WHEREAS, William F. Koch, Jr. and Mary Lou F. Koch, his ,.., ~.. ,. wife, are the fee-simple owners of a 8.68 acre parcel of land located j ~ approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; and WHEREAS, Mark Fassy, Glanzrock Corporation, as duly - I authorized agent for the fee-simple owners hereinabove named, has i '" requested by voluntary petition to have the subject property annexed I j c- ihto the municipal limits of the City of Delray Beach; and I .~ '.J WHEREAS, the subject property hereinafter described is dJ 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 I I i ~ WHEREAS, the subject property hereinafter described is .tt presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of CHO/8 (Commercial i High Office/Residential 8 units/acre), in part, and MR-5 (Medium ! I .~. Residential - 5 units/acre), in part; and ! I rJ3, WHEREAS, the Advisory Future Land Use Map (FLUM) ì ) designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 units/acre); and ! r:- ~: \'. 'i.' , -.J h3 '')) F i .. . ! . " 1 : ( ) ORB 12536 Pg 467 " " II WHEREAS, the City's FLUM designations as initially II contained on the City's Future Land Use Map adopted in November, ~ 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and "<..,1 '",, Ii ~,~II WHEREAS, the designation of a zoning classification is part 11 of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the .,1 ~ proposed zoning designation; and L\ ,: JI >4f WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and I' Zoning Board held a public hearing and considered the subject matter ~I ,:1 at its meeting of September 28, 1998, and voted unanimously to ~' recommend that the requests be approved wi th an initial zoning of ~i RM-8 (Medium Density Residential - 8 dwelling units/acre) , based upon , I /: positive findings. "'it ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~¡! -il THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: -..,i,' \', .J~ 1 Section 1. That the City Commission of the City of Delray CJI Beach, Palm Beach County, Florida, hereby annexes to said City the ~ following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: i' i:! d A portion of the West One-Half (W 1/2) of the West One-Half (W 1/2) of the Southeast One Quarter (SE \ 1/4) of the Southeast One Quarter (SE 1/4) of ~~I Section 14, Township 46 South, Range 42 East and ....-J! described as follows: j COMMENCE at the Northwest corner of the Southeast ,- Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) ~ ~! of said Section; thence South 00 degrees 20'37" &J! East, along the West line of the aforesaid Southeast - Quarter (SE 1/4) of the Southeast Quarter ( SE 1/4), ~i' a distance of 251.73 feet to the POINT OF BEGINNING; .) Thence North 89 degrees 14'31" East, a distance of ð 334.49 feet; thence South 00 degrees 21'24" East, to I a point on the South line of said Section 14, a L distance of 1130.46 feet; thence South 89 degrees ,~~I 12'59" West along said South line of Section 14 to a point on the West line of the Southeast Quarter (SE ~I 1/4) of the Southeast Quarter (SE 1/4) , a distance I {ft! of 334.76 feet; thence North 00 degrees 20'37" West, I a distance of 1130.61 feet to the POINT OF 1 BEGINNING. ::) ~ - 2 - Ord. No. 40-98 , I (ß ¡ . · 0' f t .' ~- ORB 12556 Pg 468 The subject property is located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; containing 8.68 acres, more or less. Section 2. That the boundaries of the City of Delray I Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to I which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as MD (Medium Density Residential 5-12 units/acre). I Section 6 . That the City of Delray Beach elects to make ! this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I - 3 - Ord. No. 40-98 f co . '; . , I . . . . I ~ ORB 12556 Pg 469 Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31 ) days after adoption, unless the amendment is challenged pursuant to Section 163.3187 (3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 20th day of October , 1998. I ATTEST: {/¡<Mn~ f1L1 Rody City CI rk First Reading October 6, 1998 Second Reading October 20, 1998 - 4 - Ord. No. 40-98 . . . . . ORB 12556 Pg 470 . . MD K-MART -I D£LR A Y r-- - SQUAR[ « PLAZA ....., a:: I GC !t..... I- ;::::::= ~ c...... \ ! / Ç)'-J ~(, ~ ~'?' '<i GC MARKUPLAC[ 'Va ~ z [X[CUTlV[ CARNIVAL OF « SQUAR[ FLeA DHRA Y I\... MARKU - ~- i-~C WASHINGTON I,t: FIRST MUTUAL UNION W EST ATLANTIC AVENUE a J SC SUNTRUST ¡s SOUTHTRUST BANK :;; >- T¡; tN BANK ~ - ¡;: a:: - PINES « D[LRA Y WEST I- WEST PLAZA - PLAZA -I - :::E I :Sl L JEFFERSON RD. L.. gl-- . IJ~ I-- H. ~ ª~ í~ ~INCO~N RD. fjlra I ~FHll ~ - - ,--- I I II I I ESTATES DRIVE \ I - ADAMS ROAD I - I I I - R h' I- -~ I ......' _0 ( 19 I I 0 I I II ::> Ht1 II:: ...J < - 0 0 II:: - WASHINGTON ROAD If) - I I I I -I" - " - ~ EYIloRIVE I - j'" ! I I III - I-- MADISON ROAD Æ - f--- 0 III III I:¡ §rnffiHEHH I bll m - 1--< ,--- 0 f--- a: IIC I ~ I' -=- ( ~- f---", 131-- I--~ ~ I I IIIII "-- ............... ~I-- f--- ~ ~AKE BOU~EVARD , ~ I-- I II II I II I H f--- I-- OS f--- '-- N PALM GARDENS AT DELRAY - FUTURE LAND USE MAP AMENDMENT CITY or DE~RA y BEACH, F~ FROM: COUNTY CHO/8 (COMMERCIAL HIGH OFFICE/8 UNITS PER ACRE) '" COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL-5 UNIiS PER ACRE) P~ANNINC at ZONING DEPARTMENT TO: CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS PER ACRE.) -- DlCITAL BASE MAP SYSTEM -- IoIAP REF: L.fooI278 IJ~~ 1. z::;,J----;:. , t)Q~.)';>-\{ f\..'lÌlll't-N, \.,\..tÍ'~ YÐ ,,~- . ~.~ - . ,:----... " ~ ~ 'C'"' ~~~~:;~: ~~~::E ". ~~ ~~ "~ "PL'" ~~ ~ (,0, ,~ DO " ~ ~ <:..~-':: ß,,~ ,;.. "r.,û ,,' _ R~: ~~~ \PC s' , ; T:s..~Ì' ,,~~ ~ ~ ~~~ ~ "V£NUL ~ " ' ~ c , N ~ I C ,\... C ~ ~ "' \ \ " '- '- ' £ S ~ , '-..:~" ,""",usT ~ >- " " ~ """",."'" BA"K ~ L,:; :ö: ~ t-.::::: ,,,,, < ..... 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IDA tdtI:II CITY CLERK All-AmerIca c; '11It May-16-2001 09:47al 01-201028 ORB 1 2556 Pg 465 I....I.....I........I~ 1993 CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of Ordinance NoAO-98, which was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on October 20, 1998, by a 5-0 vote. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 10th day of May, 2001. ~M Barbara Garito, CMC Acting City Clerk City of Delray Beach .- -- SEAL - @ PrintlKf an R&C'fC/8d Paper THE EFFORT ALWAYS MATTERS · Ordinance 22-98 and Ordinance 40-98 were sent to These offices on 08-23-01 Ms. Theresa LePore James Lee, Director of Planning Diane Dominguez, Executive Director Palm Beach County Supervisor of Election P.B.C. Planning, Building & Zoning Community Redevelopment Agency 301 N. Olive Avenue, Room 105 100 Australian Avenue 104 West Atlantic Avenue West Palm Beach, FL 33402-4177 West Palm Beach, FL 33406 Delray Beach, FL 33444 Grady Holloway, Manager Solid Waste Authority John Powell Public Gas Corporation P,O. Box 24693 Property Appraiser's Office 1143 North Military Trail West Palm Beach, FL 33416 501 S. congress Avenue, Room 150 West Palm Beach, FL 33406 Delray Beach, FL 33445 Gary Nikolits Mark Adler Tommie Ferrell Palm Beach County Property Appraiser Palm Beach County, E.M.S. Department of Business Regulation 301 N. Olive Avenue, Floor 5 3323 Belvedere Rd, Bldg 503 725 S. Bronough Street West Palm Beach, FL 33401-4793 West Palm Beach, FL 33406-1548 Tallahassee, FL 32399 Executive Office of the Governor Ken Rivera, Supervisor George Mass, Manager Office of Planning and Budgeting Browning-Ferris Industries Florida Power & Light The Capitol 1475 S.W. 4th Avenue P.O. Box 029100 Tallahassee, FL 32399-0001 Delray Beach, FL 33444 Miami, Florida 33102 Florida Public Utilities Co. Buck Passmore P.O. Box 490 Southern Bell Delray Beach, FL 33447 326 Fern Street, Room 103 West Palm Beach, FL 33401 OeD Lfo-CJ<¡? (~ Q)d-98) /s-r bRo (5Y) /0/6 dnlJ / PH m) /0/ é:;o / P UfxJsf! : Iì n é.X.f1iJ I ðì7 /0/9 /9~ /" ¡) CT17Q ct ~o I/sE en ðT) lo/I~/9'8 / fJ17 fXAO é) Of] ~o/16 /98' V '. . - Page 1 of 1 Garito, Barbara t4t . #; - ftf From: Ruby, Susan Sent: Tuesday, May 08, 2001 4:25 PM To: Garito, Barbara Cc: Dorling, Paul; Allen, Jasmine Subject: Coconut Key Annexation This email is sent in response to your memo dated 5/04/01 regarding the above annexation. You indicated that you checked with Paul and that all land use procedures had been followed. Therefore please record and send the required notifications. Thanks. Susan 5/9/01 . . - 1VIE1VIOR.A.N":DU"1VI TO: Susan Ruby, City Attorney FROM: Barbara Garito, Acting City Clerk ~ ' DATE: May 4, 2001 SUBJECT: Annexation - Coconut Key ............................................................................1 Upon question by the Fire Department, I found that the subject property was annexed into the City via Ordinance No. 40-98, on October 20, 1998, as Palm Gardens at Delray. The project name was subsequently changed to Coconut Key. I have not been able to locate records at this time indicating that this ordinance was ever recorded or notifications sent. I cannot see any reason why this ordinance was not recorded other than it just was not. Please review it and let me know if you feel it is all right to proceed with recording and notifications, Per the Fire Department, the clearing is complete and construction is beginning. cc: Paul Dorling, Planning Director . . . - 1VIE1VIOR.A.N:DU"1VI TO: Barry Searles, Fire Inspector Lt. FROM: Barbara Garito, Acting City Clerk 4 · DATE: May 4, 2001 SUBJECT: Annexation - Coconut Key ............................................................................1 The subject property was annexed into the City via Ordinance No. 40-98, on October 20, 1998, as Palm Gardens at Delray, The project name was subsequently changed to Coconut Key and I have enclosed a copy of the Planning & Zoning staff report, which describes the project. I have not been able to locate records at this time indicating that this ordinance was ever recorded. Therefore, I will proceed with recording and notifications. . Ordinance 22-98 and Ordinance 40-98 were sent to These offices on 08-23-01 Ms. Theresa LePore James Lee, Director of Planning Diane Dominguez, Executive Director Palm Beach County Supervisor of Election P.RC. Planning, Building & Zoning Community Redevelopment Agency 301 N. Olive Avenue, Room 105 100 Australian Avenue 104 West Atlantic Avenue West Palm Beach, FL 33402-4177 West Palm Beach, FL 33406 Delray Beach, FL 33444 Grady Holloway, Manager Solid Waste Authority John Powell Public Gas Corporation P.O. Box 24693 Property Appraiser's Office 1143 North Military Trail West Palm Beach, FL 33416 501 S. congress Avenue, Room 150 West Palm Beach, FL 33406 Delray Beach, FL 33445 Gary Nikolits Mark Adler Tommie Ferrell Palm Beach County Property Appraiser Palm Beach County, E.M.S. Department of Business Regulation 301 N. Olive Avenue, Floor 5 3323 Belvedere Rd, Bldg 503 725 S. Bronough Street West Palm Beach, FL 33401-4793 West Palm Beach, FL 33406-1548 Tallahassee, FL 32399 Executive Office of the Governor Ken Rivera, Supervisor George Mass, Manager Office of Planning and Budgeting Browning-Ferris Industries Florida Power & Light The Capitol 1475 S.W. 4th Avenue P.O. Box 029100 Tallahassee, FL 32399-0001 Delray Beach, FL 33444 Miami, Florida 33102 Florida Public Utilities Co. Buck Passmore P.O. Box 490 Southern Bell Delray Beach, FL 33447 326 Fern Street, Room 103 West Palm Beach, FL 33401 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/Ot} - REGULAR MEETING OF OCTOBER 20. 1998 ORDINANCE NO. 40-98 (ANNEXATION, SMALL SCALE FLUM AMENDMENT AND INITIAL ZONING FOR PALM GARDENS AT DELRAY) DATE: OCTOBER 13, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 40-98 which annexes a vacant 8.68 acre parcel of land, provides for a small scale Future Land Use Map amendment to affix a City land use designation of MD (Medium Density Residential 5-12 dwelling units/acre), and establishes initial zoning of RM-8 (Multiple Family Residential - 8 dwelling units/acre). The subject property is located approximately 280 feet south of West Atlantic Avenue between Military Trail and Markland Lane. The property currently has a County Future Land Use Map designation of CHO/8 (Commercial High Office/Residential 8 dwelling units/acre), in part, and MR-5 (Medium Residential - 5 dwelling units/acre). The proposal includes voluntary annexation of the property with a City FLUM designation of MD and initial zoning of RM-8. The proposed use of the property is that of an assisted living facility and adult day care. The Planning and Zoning Board considered the request at a public hearing on September 28, 1998. Several residents of the adj acent neighborhoods spoke in favor of the proposed use. After discussion, the Board voted unanimously to recommend approval, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5 (D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on October 6th, the City Commission passed the ordinance by unanimous vote, Recommend approval of Ordinance No. 40-98 on second and final reading, based upon the findings and recommendation by the Planning and Zoning Board. r~ 6 ~o ref:agmemo15 0(\ C:J~/' TO: DAVID T. HARDEN CITY MAN~ p~~~ ~ ' THRU: DIANE DOMINGUEZ, ~~ ID/6 DEPARTMENT OF PLANNI" AND ZONING FROM: ~EK~NNER SUBJECT: MEETING OF OCTOBER 6, 1998 ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY CHO-8 (COMMERCIAL HIGH OFFICE - 8 DUlAC) AND MR-5 (MEDIUM RESIDENTIAL - 5 DUlAC) TO CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC), AND INITIAL ZONING OF RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DUlAC). The vacant 8.64 acre property is located in unincorporated Palm Beach County, having a County Future Land Use Map designation of CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) and County zoning of AR (Agricultural Residential) and CHO (Commercial High Intensity Office). The property is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility (ALF) and Adult Day Care. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of September 28, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. Several residents of the adjacent neighborhoods spoke in favor of the proposed use. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(0)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) to City MD (Medium Density Residential 5-15 du/ac), and the application of an initial zoning designation of RM-8 (Medium Density Residential - 8 units per acre), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of October 20, 1998. Attachments: P&Z Staff Report and Documentation of September 28, 1998 & Ordinance by Others /)..e· r PLANNING AND ZONING BOARD 'CJTY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: September 2S, 1995 AGENDA ITEM: IV.E. ITEM: Future Land Use Map Amendment from County CHO/S (Commercial High Office/ Residential S Units/acre) and MR-5 (Medium Residential-5 units/acre) to City MD (Medium Density Residential 5-12 units/acre), and Associated Annexation with Initial Zoning of RM-S (Medium Density Residential-S units/acre) for Palm Gardens at Delray, a Proposed Assisted Living Facility And Adult Day Care, Located Approximately 2S0 ft. South of West Atlantic Avenue, Between Military Trail and Markland Lane. ANA t_ GENERAL DATA: K-MART ...J - < Owner........................................ W.F. Koch, Jr. & Mary L. Koch c::! Agent/Applicant...... ... ...... ....... Glanzrock Corp., I- Mark Fassy / ç¡" ~o ..." Location........ .............. ........... ..... Approximately 2S0 ft. south of West o..;¡. MARKETPLACE ç¡ Atlantic Avenue, between South CARNIVAL OF FLEA DELRA Y Military Trail and Markland Lane MARKET Property Size.............................. S.6S Acres Existing County Future Land Use CHO/S (Commercial High Map Designation ........................ Office/Residential S units/acre) and '" MR-5 (Medium Residential-5 units/acre) Proposed City Future Land Use MD (Medium Density Residential Map Designation.. ............ .... .... ... 5-12 units/acre) ...J Existing County Zoning............... CHO (Commercial High Office) - & AR (Agricultural Residential) ~ Proposed City Zoning................. RM-S (Medium Density Residential-8 units/acre) Adjacent Zoning................North: City POC (Planned Office Center) East: City PC (Planned Commercial) and County AR (Agricultural Residential) South: County RS West: County AR Existing Land Use...................... Vacant I I- Proposed Land Use.................... Future Land Use Map Amendment to ::J 0 MD and Annexation with initial zoning (/) of RM-S to obtain City services for the construction of an assisted living facility and Alzheimers/Dementia care facility with associated parking and landscaping. Water Service............................. Available via connection to an existing 6" water main at the southwest corner of the shopping >- center to the east. c:: Sewer Service............................. Available via connection to an < ~ existing 8" sewer main along the west - property line of the shopping center -' - to the east :;¡ = IV.E. · The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) to City MD (Medium Density Residential 5-12 du/ac) with initial zoning of RM-8 (Medium Density Residential - 8 du/ac). LDR Sections 2.4,5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The 8.64 acre property is located 280' south of West Atlantic Avenue, approximately 1,000' west of Military Trail. The subject property is an 8.64 acre vacant parcel located in unincorporated Palm Beach County, and within the City's Planning Area. It has a County Future Land Use Map designation of CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) and County zoning of AR (Agricultural Residential) and CHO (Commercial High Intensity Office). The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility (ALF) and Adult Day Care, The ALF and Adult Day Care uses require Conditional Use approval, which is addressed in a separate report. 11_1IIIII"'!~IIISI..'fØI:~_lml;'M~IiII~1f.._..~_~ \f""" .':", ' " J{~I~Ð__ ___,:,,~""k~_\¡g:, _' < "':;, ",~i'MW, _ , ,.: ,*",mht"~-W"~1!@'+H,tk:;;g,,:__~¡;qt-,;,_: ]::8¡ ,h ""~ ,üi;:;::; _' _ __: }'~$0" ___-MâWkFdb?';g..;t;Ú~'1(,,_ ':,::¡;:@!;k .,: nM0"4<i:dm., .'_ , ," ::hd'::<.JfS ' ".,:m~;'~*ø}):,_/~:_:;;%'~' Current land Use Designations: The current County Land Use Map designation for the property is County CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac. The current City "advisory" Future Land Use designation for this property is TRN (Transitional). Requested land Use Designation: The requested Future Land Use Map change is to City MD (Medium Density Residential 5-12 du/ac). Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: 0 The amendment does not exceed 10 acres of land; · Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 0 The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, 0 The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. 0 That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre, 0 The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. 0 The property that is the subject of a proposed amendment is not located within an area of critical state concern, The FLUM amendment involves an 8.64 acre area, thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The proposed amendment to Medium Density Residential 5-12 du/ac (MD) is being processed concurrently with a request for annexation and initial zoning of RM-8 (Medium Density Residential - 8 du/ac) to accommodate an assisted living facility, which is allowed as a conditional use. While the amendment involves a residential land use that could potentially exceed 10 units per acre, the proposed zoning limits the density to 8 du/ac. The MD land use designation allows zoning districts, which include single family -- low and medium density, and multiple family developments. The amendment does not involve a text change to the Comprehensive Plan, and deals with a site specific small scale amendment activity, The property is not located within a designated redevelopment or traffic concurrency exception area, nor is it within an area of critical concern, land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The Medium Density Residential 5-12 du/ac Future Land Use Map designation is consistent with the proposed RM-8 zoning designation, The proposed use (assisted living facility) is allowed as a conditional use within the RM-8 zoning district. · Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 Consistency between the City and County land Use Designations: The City's MD land use designation is consistent with the County's CHO-8 and MR-5 Land Use designations in that Medium Density Residential uses are allowed under each Land Use category. The current "advisory" Transitional designation allows multiple family development as well as office and limited commercial development. The current City' FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adjacent land Use Map Designations, Zoning Designations & land Uses: North: Property north of the subject property has a City land use designation of GC (General Commercial) and is zoned PC (Planned Commercial). The property is developed with a bank (Sun Bank). South: Property 0 the south, across the L-34 Canal, has a County land use designation of MR-5 (Medium Residential 5 du/ac) and a County zoning designation of RS (Single Family). The existing land use is a single family development (Country Club Acres), West: The abutting properties to the west have a Palm Beach County land use designation of MR-5 (with an advisory City land use designation of Transitional) and a City land use designation of GC (General Commercial). The properties are zoned County AR (Agricultural Residential) and City POC (Planned Office Center). The existing land uses are single family residences (Breezy Acres Subdivision) and Sun Trust Bank. East: The abutting properties to the east have a Palm Beach county land use designation of MR-8 (with an advisory City land use designation of Transitional) and City land use designation of GC (General Commercial), The properties are zoned County AR (Agricultural Residential) and City PC (Planned Commercial). The existing land uses are a single family subdivision and a commercial development (Points West Plaza). Allowable land Uses: Under the proposed Medium Density Residential 5-12 du/ac land use designation, residential zoning districts, which accommodate single family and multiple family units (R-1-A through R-1-AAA, RL, PRD, and RM), are allowed. The applicant has requested an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). This zoning designation is consistent with the proposed land use designation. · Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 REQUIRED FINDINGS: Future land Use Element Policy A-1.7: Amendments to the Future land Use Map must be based upon the following findings: D Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FlUM designations of Conservation or Recreation and Open Space. The proposal involves annexation of property, which requires changing the FLUM designation from County to City. The current County FLUM designation is CHO-8 (Commercial High Office - 8 du/ac) and MR-5 (Medium Residential - 5 du/ac) and the current City "advisory" designation is Transitional, which allows residential (single and multiple family, offices, and limited retail), The proposed City FLUM designation of MD is consistent with the current County CHO-8 and MR-5 designations, The County designation of CHO-8 allows offices or a residential development up to 8 du/ac. While the proposed FLUM and zoning designations are consistent with the goals. objectives and policies of the Comprehensive Plan, the proposed use of the property (assisted living facility and adult day care) is inconsistent with certain policies of the Housing Element. These policies and mitigating factors related to this particular property are discussed within the Conditional Use report for the ALF. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property is heavily wooded with Slash Pines, The only viable plant community (i.e. understory growth) is located along the south property line with an undulating depth of 20'-35'. LWDD is requesting that the southern 20' of the property be dedicated as additional canal right-of-way. The balance of the property contains scattered Slash Pines that should be saved to the greatest extent possible. Mitigation to reinstate the viable plant community (which will be lost with the LWDD dedication) somewhere else on site will be required and can further be addressed with the site plan request. The property can be developed in a manner that will be complementary to the adjacent residential area with some changes to the proposed sketch plan. However, the use as an assisted living facility does not fulfill a remaining land use need identified within the City's Comprehensive Plan. With review of a specific development proposal this policy will be revisited. · Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 D Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. As previously stated, the proposed ALF is inconsistent with policies of the City's Comprehensive Plan regarding adult oriented communities. However, LOR Section 3.1.1 (C)(Consistency) states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. In order to establish the use of an assisted living facility, Conditional Use approval is required and Consistency is discussed further within that report. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the MD land use designation and meet adopted concurrency standards. The proposal is to annex the property with an initial zoning designation of RM-8, which will be limited to a maximum of 8 units per acre. D Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility with the commercial development to the north is not a concern. Compatibility with abutting residential properties is a concern based on the overall size and massing of the proposed building, There are landscape regulations in place that can help to mitigate any potential adverse impacts, however, the size and scale of the development needs to be addressed further with the Conditional Use and site plan analyses. D Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use and site plan approval request. There should be no problems complying with the Land Development Regulations. Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 6 . Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. o The property is contiguous with the City along the north and a portion of the east and west property lines. The property does have unincorporated areas to the south and east. However, the subject property, as well as the property to the east is considered to be two distinct enclosures under the definition of enclosure FS. 171.131 (31)(2). Each of these properties either abuts property within the municipalities and has manmade obstacles (platted properties or canals) which allow access only through the municipality. The annexation of this property will eliminate one exiting enclave in its entirety, o land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "0" ( as identified in FLUE Policy B3.5) on the west side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy 8-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south, One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station #4 at Barwick and Lake Ida Roads), Water: Municipal water service is available via connection to an existing 12" water main located along Atlantic Avenue and from a main extension from an existing 8" main located behind the Firestone building to the east. Along the new mains, fire hydrants must be installed with a maximum spacing of 300 feet for the proposed assisted living facility as well as a fire sprinkler system within the building. If 3-story multi-family structures are constructed, a fire hydrant spacing of 300 feet will be required, and 400 feet for multi-family structures up to 2-stories. Also, looping of the main internal to the site for system integrity will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewer service is available north of the site via an existing 8" sewer main. With future development, the installation of sewer main extensions to the west and south property lines may be required. The applicant's engineer will need to determine if the existing system can handle the demands of this development or if the installation of a lift station will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build- out. Streets: This property has access to Atlantic Avenue, which is under the jurisdiction of Palm Beach County, The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted comparing the development potential under the county and proposed city land use and zoning designations upon the maximum number of residential units allowed under the proposed RM-8 zoning, which would be 69 units generating 484 average daily trips. The annexation will not result in any increase development potential. A detailed traffic study was submitted for the ALF conditional use request. The proposed assisted living facility will generate a total of 679 average daily trips. Atlantic Avenue is operating at Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment , Page 8 LOS liD", which can accommodate the vehicular trips generated by the proposed development. Parks and Open Space: The annexation of the property to accommodate an assisted living facility will not create an additional impact on park and recreational facilities, The stated intended use of the property is as an assisted living facility, which typically do not impact the park system. However, even if the property were developed to accommodate permanent residential units, these units would not have a significant impact with respect to level of service standards for parks and recreation facilities. The impacts of the potential residents have already been factored into the park demands calculated on build-out projections. Further, the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan, If the parcel is ultimately developed as homes or apartments, a parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will change, as described later in this report, Financial Impacts: Effect Upon Annexed Property: For the 1998 tax year the subject property had an assessed value of $388,475. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2,5764 Deleted (County) Library .4997 Deleted (County) City Of Delray Beach 6.9100 Added (City) City of Delray Beach Debt ,7900 Added (City) 4.6239 Difference* * Total tax millage in the County is 19,8597 mills while in the City the total millage rate is 24.4836 mills. The current yearly ad valorem taxes are $ 7,714.99. With annexation the yearly ad valorem taxes will be $ 3,768.67; a tax difference of $ 1,796.28, In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. For non-residential units the fee is calculated using · Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 the following formula (# sq. ft. of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not immediately imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail annexation areas are serviced by Sunburst (pursuant to new contract awarded on May 13, 1998), and the City's contract is currently through BFI (Browning-Ferris Industries). Pursuant to Florida Statute 171.062 (4)(a) "if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the annexation was to occur before the six month, the waste service provider will change with annexation to BFI. Occupational License Fees - The proposed assisted living facility will require an occupational license, This license will be in addition to the current County license fee required for an assisted living facility of approximately $30 per year. The City license fee for the facility is $125. If the property is developed for owner-occupied residential purposes, an occupational license will not be required. Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 1,796.28 (Change from 97/98 County of 19.8597 to City 97/98 rate 24,836 mills,(4.7239) NON AD VALOREM Stormwater Assessment $.00 Solid Waste Collection $.00 WA TER & SEWER UTILITY FEES $.00 OCCUPATIONAL LICENSE FEES $ 125.00 ANNUAL FINANCIAL IMPACT: +$ 1,921.28 Planning and Zoning Board Staff report Palm Gardens at De/ray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5,5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2,5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and debt rate of 0.79 mills, the vacant property will generate approximately $2,991.26 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable, The proposed City zoning designation is RM-8 (Medium Density Residential - 8 du/ac) while the current County zoning designation is AR (Agricultural Residential) and CHO (Commercial High Intensity Office). The surrounding zoning designations are County AR and City POC (Planned Office Center) to the west; County AR and City PC (Planned Commercial) to the east; City POC to the north; and County AR to the south. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 FUTURE lAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM-8 zoning designation is consistent with the proposed Medium Density Residential 5-12 du/ac land use designation, The proposed assisted living facility is allowed as a conditional use within the RM zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, and streets/traffic will be provided, Fire, EMS, solid waste and police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details), COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS: The subject property is currently vacant. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future land Use Map Amendment analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standard Band C are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within a stable residential area shall be denied. The subject property and the residential properties to the east and west are not designated on the Neighborhood Categorization Map. However, the property to the south (County Club Acres) is noted as Stabilization. The rezoning request involves the application of an initial zoning designation in conjunction with the I Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 annexation request. The proposed RM-8 zoning designation will be consistent with the proposed MD Future Land Use Map designation and is appropriate given the adjacent City zoning districts. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial RM-8 zoning designation will accommodate the proposed assisted living facility as a conditional use. Compatibility with the adjacent residential development will relate to the ultimate density of future development. The development potential of the property under the County's CHO-8 and MR-5 land use designation is 54 residential units, which is similar to the maximum allowed under the proposed RM-8 zoning district of 69 units (it is noted that beds within ALF are not considered individual units). The City's RM zoning district has a range of 6-12 units per acre, with the maximum density determined at the time of site plan approval, based upon compatibility with surrounding properties, or application of a density suffix through the rezoning process. It is appropriate to apply the density suffix of 8 units per acre given the following: a) that the subject property is bordered to the north, northeast and northwest by existing commercial developments; b) that the County's underlying land use of MR-8 to the east is equivalent to the proposed zoning of RM-8; and c) that the County's underlying land use of MR-5 to the west is of a similar density to the proposed RM-8 zoning designation and that sufficient regulations exist to mitigate any negative impacts, Regulations which help mitigate impacts include a minimum 15' (side interior) and 25' front and rear building setback. Further, if the property is developed as an assisted living facility, trees must be planted every 25' within the landscape strips abutting the single family residences to the east, west and south. Compatibility of a specific development proposal with the adjacent developments will be appropriately addressed with the review of the Conditional use and site and development plan requests, Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; , Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate zoning designation also be applied. The RM-8 zone designation is being sought as it is consistent with the existing County AR and CHO zoning designations and the proposed City Medium Density Residential 5-12 du/ac Future Land Use Map designation. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area, With annexation (change of circumstance) a City zoning designation must be applied. The requested zoning is of similar intensity as that allowed under the proposed City Medium Density FLUM designation. The RM-8 zoning is more appropriate for the property and is of similar intensity as allowed under the County's zoning designations to the south, east, and west. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). lake Worth Drainage District: Lake Worth Drainage District reviewed the annexation application and requested a dedication of 20' along the south property line of the subject property for the L-34 Canal. The applicant has voluntarily agreed to this provision. Palm Beach County Notice: On September 17, 1998 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: o Country Club Acres o Greensward Village Condominium Association (within The Hamlet development) Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 o Hamlet Residents Association o Highpoint West o PROD (Progressive Residents of Delray) o Presidents Council Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting, Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Medium Density Residential 5-12 du/ac Future Land Use Map designation is less intense than development that is allowed under the current City advisory designation of Transitional. The application of an initial zoning designation of RM-8 is consistent with the proposed FLUM designation. While the FLUM and Zoning designations will be consistent with the City's Comprehensive Plan, the proposed use as an assisted living facility, is inconsistent with Housing Element Policy B-2.2 and Future Land Use Element Objective A-1. However, a finding of overall consistency with the Comprehensive Plan can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweigh the negative impacts of the identified points of conflict. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes, Upon development of the property for residential purposes, stormwater assessment fees will be imposed. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $2,991 a year. With development of the property, infrastructure improvements, which include water and sewer main extensions from Atlantic Avenue, will be required. If the annexation is approved, Conditional Use approval is being sought and is discussed under a separate report. A site and development plan submittal will also follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of the Conditional Use request and again with a site and development plan request. Planning and Zoning Board Staff report Palm Gardens at Delray - Annexation with Initial Zoning of RM-8 and Small-Scale Future land Use Map Amendment Page 15 A. Continue with direction. S, Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County CHO-8 and MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1,7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3,2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County CHO-8 and MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac), based upon a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), that the proposed use is inconsistent with Housing Element Policy S- 2,2. Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County CHO-8 and MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1,1, 3.3.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: . Future land Use Map . Zoning Map This Report prepared by: Janet Meeks, Senior Planner , -"," (!.(! - ~CJYL-- CITY OF DELAAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 4().98 The City C'Ommissi'On 'Of the City 'Of DeJray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, OCTOBER 20, 1998, AT 7 P.M. ('Or at any continuati'On 'Of such meeting which is set by the Commissi'On), in the Commissi'On Chambers at City Hall. 100 NW. 1st Avenue. Delray Beach. FI'Orida, at which time the City Commissi'On will consider its ad'OPti'On. The 'Ordinance will be read by title 'Only and all persons interested will be given the 'OPP'Ortunity t'O be heard. ORDINANCE NO. 40-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED BETWEEN MILITARY TRAIL AND MARKLAND LANE. APPROXIMATELY 280 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING .. ADOPTION PROCESS FOR SMALL SCALE LAND USE "I PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL· 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL == REPEALER CLAUSE. A SAVING CLAUSE, AND AN ~ EFFECTIVE DATE. ~ Q;I A MAP (n'Ot t'O scale) DEPICTING THE GENERAL LOCATION OF ~ THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION P'O ~ AND/OR METES AND BOUNDS AND A COpy OF THE = ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM 2 THE OFFICE OF THE CITY CLERK. CITY HALL, 100 NW. 1ST ~ AVENUE. DELRAY BEACH, FLORIDA. ~ I~ ~ "'! =: \~ = ~ P'O ~ ~ ~ "'! - ~ - ~ ~ 1= P..u.I GARDENS AT DELRAY ____or_ ....... - -.. WIIIIC.) --- ":This notice is published as required by State law. The proposed :ordinance may be inspected at the Office 'Of the City ClerK at City Hall, 100 NW. 1st Avenue, Delray Beach, Florida. between the h'Ours of 8:00 A.M. and 5:00 P.M., M'Onday through Friday. excluding h'Olidays. PLEASE BE ADVISED that if a pers'On decides t'O appeal any decision made by the CIty CommIssion with I88peCI t'O any matter c'Onsidered at this hearing. such person will need to ensure that a verbatim rec'Ord includes the testimony and evidence upon which the appeal is based. The City does not provide nor prepare such record. pursuant t'O F.S. 286.0105. Published: Boca Rat'On News CITY OF DELRAY BEACH October 16, 1998 Alison MacGreg'Or Harty Ad #776308 City Clerk . - ~ . CITY OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO, 40-98 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY. OCTOBER 20. 1998. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) , in the Commission Chambers at City Hall, 100 N.W, 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will be read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO. 40-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED BETWEEN MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE) ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA, (INSERT ATTACHED MAP HERE) This notice is published as required by State law. The proposed ordinance may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m, and 5:00 p,m. , Monday through Friday, excluding holidays. PLEASE BE ADVISED that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based, The City does not provide nor prepare such record. Pursuant to F,S. 285.0105. . ~ PUBLISH: The News CITY OF DELRAY BEACH October 16, 1998 Alison MacGregor Harty City Clerk ------------------------------------------------------------------ ----------------------------------------------------------------- Instructions to Newspaper: This is a display ad to be published in the legal/classified section of the newspaper. Thank you. ref:anexad2 ~e; I::; h-,Q. tJn - CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Delray Beach, Florida, will consider a proposed change tó the Future land Use Map for a 8,68 acre parcel of I land located between Military Trail and Marklancllane, approximately 280 feet south of West Atlantic Avenue. The proposal involves a Small Scale Future land Use Map amendment FROM County CHO-8 (Commercial High Office/Residential-8 units/acre), in part, and MR-S (Medium Residential - S units/acre), in part, TO City MD (Medium Density ResidentialS-12 dwelling units/acre). The City Commission will conduct a Public Hearing on TUESDAY, OCTOBER 20, 1998. AT 7:00 P.M. (or at any c~>ntinuation' of such meeting which is set by the Commission), in the Commission Chambers at City Hall. 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission will consider adopting this small ~Ie amendment to the Future land Use Map. The title of the enacting ordinance is as , follows: ORDINANCE NO. 40-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I~ DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DEL RAY BEACH, A PARCEL OF LAND LOCATED BETWEEN MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 FEET, t:O SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY 0 DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO ð CJ EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES ~ OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE CJ RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN ""'" .0 OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY ,Q RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE :2: C'Þ FUTURE LAND USE MAP AS CONTAINED IN THE ~ COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE :: LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING 0 THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 = DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER ~ CLAUSE, A SAVING CLAUSE. AND AN EFFECTIVE DATE, :< 0 " ð All interested citizens are Invited to attend the public hearing and comment Õ upon the proposed Land Use Map Amendment or submit their comments in C' C'Þ writing on or before the date of this hearing to the Planning and Zoning .., Department. For further information, or to obtain copies of the proposed .... amendment,please contact Janet Meeks at the ~Ianning and Zoning N Department, City Hall, 100 N,W, 1st Avenue. Delray Beach, Florida 33444 .... {þ I (Phone 407/243-7040), between, the hours of 8:00 a,m.and 5:00 p.rn" ø \ Monday through Friday, excluding holidays. cc I PLEASE BE ADVISED THAT' IF AÞERSON OECIDES To APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A i RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE I; BA$ED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD, PURsUANT TO F.S, 286.01 OS. . / '.. .' -c . ! .. CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk . , '~( 1-.. PUBLISH: The Boca Raton News October 12, 1998 Ad m6337 I CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Delray Beach, Florida, will consider a proposed change to the Future Land Use Map for a 8.68 acre parcel of land located between Military Trail and Markland Lane, approximately 280 feet south of West Atlantic Avenue. The proposal involves a Small Scale Future Land Use Map amendment FROM County CHO-8 (Commercial High Office/Residential - 8 units/acre), in part, and MR-5 (Medium Residential - 5 units/acre) , in part, TO City MD (Medium Density Residential 5-12 dwelling units/acre) . The City Commission will conduct a Public Hearing on TUESDAY. OCTOBER 20. 1998. AT 7: 00 P _ M. (or at any continuation of such meeting which is set by the Commission) , in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, At this meeting the City Commission will consider adopting this small scale amendment to the Future Land Use Map, The title of the enacting ordinance is as follows: ORDINANCE NO. 40-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED BETWEEN MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. All interested citizens are invited to attend the public hearing and comment upon the proposed Land Use Map Amendment or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Janet Meeks at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m, and 5: 00 p, m. , Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105, , . PUBLISH: The News CITY OF DELRAY BEACH October 12, 1998 Alison MacGregor Harty City Clerk ********************************************************************** Instructions to Newspa-per: This ad is not to appear in the legal/ classified section. It must be at least two (2 ) columns wide by ten (10 ) inches long, The headline [ CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must be 18 point bold. Thank you, . ~: /I úÌJfJh CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 40-98 ThtCilrConlrislølolhcayofDelrtr lINchM1ho1daPlaJCHEAAlNGONTtEFOL.lOWIIGNOPOSEDDfIDIrCANŒDlllnÐDiY~) 18.. &T 7œ,.. (or I1l1'1yt:Ol'6'lJllionøløt1~whldlisl!l""hConmiaion) I1IhrCortrnisIKrIChantiefsI1Cd)ilid 100NW1S1.Aw!ue DelrlyIlelc1lFIondI.1I1It'oto'11imfttltCili ~ri~l\f,lIIÐIIicc\"Thetw$'&lD"'blftlClrt\l!lltorftancl")IßtII'&~1IiIIœ9"'fl1t\e~tc-"'~ ORDINANCE NO. __ AN QRDINNŒ OF T¡.£ CITY COIMSSON OF M Cm' OF OELAAY BEACH. FlORIt»., AtoINEXING TOM CITY OF ŒI.AAY BEACH, A ffoRCE!. OF lAND LOCATED BETWEEH MIUTAAV TRAIL oW) MARKLAND LANE. APPROXIMATELY 2fI() FEET SOIJT11 OF WES1 ,oTl"ANne I AVENl,JE, AS MOFIE PARTCtJlARlY DESŒUBED HEReItli WHICH LAND IS CONTIGUOUS TO EXISTING MUNlCIPIt.L lIMITS. REDEfINING 'T\o£ ~OFTt£Cm TO tC.lŒSAID lNll.POO\IlONi FOR THE. RIGHl"SN«) 08L~TIONSQF SA.ID lAND.t.ffll1NG. A.N. ! OFFICIAl lAND use DESlQNATIONOF Me (MEDlIN DENSITY RESIDENlW. &-12 uNlT$loICREfFOR SAID LAND TOM Fl1TURf i.AND USE IMP AS CCMAIJED IN TIE COMPREHENSIVE PiAN ELECTING TO PfIOCEED UNDER Ttt: SlNGLf HEARING ADOPTION PflQCESS FOR SMALJ. SCALE. lAND USE Pt;AN AMENDME"'ffi, PfOIIDING FOR n£ ZONING TlEREOF TO PiU-3 (MEDIUM DENSITY RESlDENTW.· 8 t1tÆll.N; UNlTSi.ICRE). PfDII)ING A GENERAl. REPEAI.ER CLAUSE, A SAVWG ClJLIS£,,t.N[) AN EFfECTM ~T£ WHEREAS. 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(31).*IIiIpIion.,,*,the~is~)II'IUIIttDSIdIon163.3187(3).F.S, 'ø.Ien¡Id."lIIec::MdlllalhlIlndUllpllnl/llll"Ø'lWlllI'CI~n~ n Þt"dIII.hlorderiSilllllØI:¥IIIDlpøtrnerØ:aIComnuity*,.orlht~ConniIMIn,Iì*'U"'~iI~MItIS«:bon16331tW FS No ~oniIrs.~permIS OfIlndUIII.....onliS~ma.-bII.....orCCll'l1tllln:tblblk,.bIcomt__ ..fI!'IIIOI'dIroli'lDl'lCOll'ØllrS -*,byhJ.drrftsIrIIØICÐmnløøl.IlisIfl'llfdnlnlI!llY~blmDllllcMtJ,lCIapIional'~IIIrrrIno"'fl/lfdlwà!la, .~oIWhØlI'ISCiI*)n" bI.nIC....DIpartnen\alCcImI.riIyAllJlrs. 8IßII¡ alLor::IIPIIrmg.2140~IJrM_ T........ F\ofiII32J119.2100 A MAP (nottD__/ŒPICTJNG Tt£ GENERALlOCATK)N OFM PRJPERTYTOBE ANNEXED IS SlQVHIIflOW A COIIf'LETE LEGAl OESCRFTION BY lOT 00 5IJIIDMS()N NOI'JR ME1ESNÐæ.JNDSIHJACOPY Œ1)£OADIfrWa I6EIfWIOr'E NMEDCo¥'ØE ~DFIOIi M: OFFICE OF'M em a.ERK_ CITY HAll..1ooNW 1ST AVENLÆ, CElRAY BEACH, FlOfmt. TIIs rdicI is IIÖIIIa1.!IqIIfIC! by S.IIIrWld SIdIon 2.Q3lblal1lle ~ CIInr 0I1ht Cltyot DIft¡ 811m 1ht ~ordiWøI..,-bli'll*lld1f1ll 0II0e aI,. CIty Cll!h~MIII100N.W 11tJwerue,Dllrly8llc:h RondI_~h!olrsall:00..m,Jf'oIJ511O)m_,IIII:rdIf'~FndIy,-*dr91101id1yS PlEASEBEADIIlSEDt!IIt~.petIOnØ8clOllslO~InfØlclslonmaØt'ÞyIheCi:yCommISlØl'M\tlr&s)lC!toant'INItr~II,,*1IIIm¡¡ uhpflSCl'1l1i11l111c1k! 1H\SInt.r.'II8IbaIim~II'ØuØI5Ihe"tJmOI'IVlII3lMd1r1o!k4JC'I"""""lIeiplllll!ilOl>e'bueclThøC/t)'øoesnolprOllldenor~resucf1..:adPur5uil'ttoFS "'m" PUBLISH TheNews CITY OF OEL~Y BEACH Q:1obeo9199t! ~MacGrIgOrHafl) Ot,Cltrlo: . CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO, 40-98 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY. OCTOBER 20. 1998. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) , in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will be read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO. 40-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED BETWEEN MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND ; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE) ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, William F, Koch, Jr, and Mary Lou F. Koch, his wife, are the fee-simple owners of a 8.68 acre parcel of land located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; and WHEREAS, Mark Fassy, Glanzrock Corporation, as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171,044 of the Florida Statutes; and . , WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of CHO/8 (Commercial High Office/Residential 8 units/acre) , in part, and MR-5 (Medium Residential - 5 units/acre), in part; and WHEREAS, the Advisory Future Land Use Map ( FLUM) designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 units/acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of September 28, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre) , based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: A portion of the West One-Half (W 1/2) of the West One-Half (W 1/2) of the Southeast One Quarter (SE 1/4) of the Southeast One Quarter (SE 1/4) of Section 14, Township 46 South, Range 42 East and described as follows: COMMENCE at the Northwest corner of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of said Section; thence South 00 degrees 20'37" East, along the West line of the aforesaid Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) , a distance of 251.73 feet to the POINT OF BEGINNING; Thence North 89 degrees 14'31" East, a distance of 334,49 feet; thence South 00 degrees 21'24" East, to a point on the South line of said Section 14, a distance of 1130.46 feet; thence South 89 degrees 12'59" West along said South line of Section 14 to a point on the West line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) , a distance of 334.76 feet; thence North 00 degrees 20'37" West, a distance of 1130,61 feet to the POINT OF BEGINNING. ., I The subject property is located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; containing 8.68 acres, more or less, Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida, Section 4. That this annexation of the subject property, including adjacent roads / alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5, That the Future Land Use Map designation of the subject property is hereby officially affixed as MD (Medium Density Residential 5-12 units/acre) . Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 (1) (c) (4) . Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. . , Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163,3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. (INSERT ATTACHED MAP HERE) This notice is published as required by State law and Section 2.03 (b) of the City Charter of the City of Delray Beach, The proposed ordinance may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8: 00 a. m. and 5: 00 p. m., Monday through Friday, excluding holidays. PLEASE BE ADVISED that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based, The City does not provide nor prepare such record. Pursuant to F,S. 285.0105. PUBLISH: The News CITY OF DELRAY BEACH October 9, 1998 Alison MacGregor Harty City Clerk ======================~========================================== Instructions to Newspaper: This is a display ad to be published in the legal/classified section of the newspaper. Thank you. ref:anexad1 . I , ( j I . . i I . ." .' - .' ," ~. . : ~: ~ ....... . . ; N PALM GARDENS AT DELRAY , 'A ANNEXATION WITH _w. ZONING or RII-I 11ft. ..."... '" (IIEOIW DENSITY IlESlDtNTW.-1 UNITS/At.) I --.-. - ....... -... ..,.".-.,- .. ... ... -'. ------- -- . . LEGAL VERIFICATION FORM FILE#: 98-240 & 241 PROJECT NAME: PALM GARDENS - FLUM & ANNEXA TION/REZONING LEGAL DESCRIPTION: A portion of the West one-half of the West one-half of the Southeast one- quarter of the Southeast one-quarter of Section 14, Township 46 South, Range 42 East, and described as follows: - Commence at the Northwest corner of the Southeast quarter (SE %) of the Southeast quarter (SE %) of said Section; thence South 00° 20' 37" East, along the West line of the aforesaid Southeast quarter (SE %) of the Southeast quarter (SE %), a distance of 251.73 feet to the point of beginning; Thence North 89° 14' 31" East, a distance of 334.49 feet; thence South 00° 21' 24" East, to a point on the south line of said Section 14, a distance of 1130.46 feet; thence South 89° 12' 59" West along the South line of Section 14 to a point on the West line of the Southeast quarter (SE %) of the Southeast quarter (SE %) a distance of 334.76 feet; thence North 00° 20' 37" West, a distance of 1130,61 feet to the point of beginning. SOURCE of Legal Description: Survey (copy attached) VERIFIED BY~ DATE: loIt /1~ VERIFICATION REQUEST NEEDED BY: OCTOBER 1, 1998 LEGAL DESCRIPTION IN ORDINANCE (NO ) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICA TION REQUEST NEEDED BY: . I , ~\. .\ " ~ SITE PLAN RE:'1I.EW AND APPEA~NCE BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: December 13,2000 AGENDA ITEM: V,A. ITEM: Class V Site Plan, Landscape Plan and Building Elevations for Coconut Key (f.k.a. Palm Gardens at Delray), Located approximately 280 ft. South of West Atlantic Avenue, Between South Military Trail and Markland Lane. GENERAL DATA: ,- Owner......... ............................... W.F. Koch, Jr. & Mary L. K-AlART ...J Koch - < Agent...... ............................. .... H.P. Tompkins, Jr. '" >- Applicant...................................... Town & Country Builders, Inc. ~c/ ,9" Location,..................................... Approximately 280 ft. south rl' = of West Atlantic Avenue, AlARKfTPLAC£ '" CARNIVAL OF between South Military Trail FLfA DfLRA Y AlARKfT and Markland Lane Property Size.............................. 8.64 Acres Existing FLUM Designation......... MD (Medium Density '" Residential 5-12 units/acre) Existing Zoning............................ RM-8 (Medium Density Residential-8 units/acre) Adjacent Zoning................North: City P~C (Planned Office Center) East: City PC (Planned Commercial) and County AR (Agricultural Residential) South: County RS West: County AR Existing Land Use...................... Vacant Proposed Land Use..................,. Construction of 69 fee-simple town homes (combination of 3,4 and 6 unit buildings) with associated recreation facilities, parking and landscaping. Water Service............................. Available via connection to an existing 6" water main at the southwest corner of the shopping center to the east. Sewer Service............................. Available via connection to an existing 8" sewer main along the west property line of the shopping center to the east V.A. , ~ , The action before the Board is approval of a Class V site plan request for Coconut Key, a proposed 69 unit condominium project pursuant to LDR Section 2.4.5(F). The request involves the following: o Site Plan; o Landscape Plan; and o Building Elevations The 8.64 acre property is located 280' south of West Atlantic Avenue, approximately 1,000' west of Military Trail. On October 20, 1998, the vacant 8,64 acre property was annexed into the City and given a RM (Medium Density Residential 5-12 du/ac) Future Land Use Map designation with an initial zoning designation of RM-8 (Multiple Family Medium Density - 8 du/ac), At the same meeting the City Commission granted Conditional Use approval to establish a 316 unit assisted living facility (ALF) and adult day care to be known as Palm Gardens. At its meeting of August 3, 1999, the City Commission granted a Conditional Use approval extension for the ALF which is valid until December 20,2000. That project never materialized. The request now before the Board is approval of a 69- unit condominium project. The subject property contains heavy vegetation most of which is to be removed as part of this development proposal. Access to the site is provided from Atlantic Avenue via a 50' wide ingress/egress easement that is located along the west side of the Sun Trust Bank property, which fronts on Atlantic Avenue. Along the north side of the subject ,property exists a 24' wide ingress/egress easement that provides access to the developments located to the east and west (Points West Plaza and South Trust Bank). This easement is to be retained. The development proposal consists of the following: ~ Construction of 13 townhouse structures which are a combination of 1 and 2 stories. The one-story units are located on the ends of the structures and contain 2- bedrooms with 2 car garages, The units located in the center of the structures are 2 stories high and contain either 2 or 3 bedrooms with one-car garages. The unit mix is as follows: 2 bedroom (end unit) 2 bedroom (interior unit) 3 bedroom (interior unit) TOTAL # OF UNITS ., · , SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 2 ~ Installation of two lakes/retention areas, one located in the northeast corner of the site and the other along the west property line; ~ Installation of a 4' high chain link fence along a portion of the east property line (north 390') and a 4' high decorative fence located along the north side of the property south of the access easement; ~ Installation of 23 guest parking spaces; ~ Recreational facilities including a pool, deck, cabana, and tot lot; and ~ Installation of landscaping throughout the site. The site plan application includes Internal Adjustment requests to the following: 1. LOR Section 4,3.3(O)(3)(c) to reduce the setbacks between buildings from 25' to a minimum of 15', 2. LOR Section 4.3.4(K) to reduce the front yard setback from 25' to a minimum of 20' from the platted street system. 3. LOR Section 4,6,9(O)(2)(c) to allow vehicles to enter and exit a parking area onto a street in a forward manner on a private street that contains more than 200 AOT. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6 (A) Purpose and Intent: The Medium Density ,Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain periormance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan, which call for accommodating a variety of housing types. LDR Section 4.4.6(1) Periormance Standards: Pursuant to LDR Section 4.4.6(1)(1) These standards shall apply to all site plans approved subsequent to October 7, 1997 and for modifications to existing developments which involve the creation of additional residential units. ., · , SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 3 In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if à project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: The subject property is zoned RM-8 and a density of 7.9 units per acre is proposed. As the subject property contains a suffix, which limits the density, not all of the Performance Standards as outlined below need to be met. (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The interior street network consists of a gated entrance from an ingress/egress easement with an undulating spine road that dead-ends into a short street section which is accessed by 16 units, The project has only one access point, with all traffic entering and exiting the ingress/egress easement. As the property is primarily surrounded by developed residential properties and the only roadway is at the north end of the property, the property cannot comply with the multiple entry aspect of the above standard, However, given that the internal street is relatively short and undulates, it should slow traffic and keep speeds within the development at or below 20 m.p.h. Therefore, this standard is met internally and a finding that substantial compliance with this standard has been met. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Given the long narrow configuration of the site, there is little opportunity to meet this standard, The overall impression from the interior of the development is that of an almost continuous line of buildings with no substantial massing of the buildings to create a feeling of open space. Further, reductions in the minimum setbacks between buildings has been requested which visually compounds the dense feeling of the project. Based on the above, this performance standard has not been met. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the , I . SPRAB Staff Report Class V Site Plan, landscaping, and Building Elevations for Coconut Key Page 4 required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is surrounded by lower density subdivisions. To the south across the C-34 Canal, is a single family subdivision known as County Club Acres; to the west are single family residences (Breezy Acres Subdivision and SunTrust Bank), and to the east by a single family subdivision and the Points West Plaza, The required setbacks for this development include 15' side interior setbacks (east and west property lines), and 25' front and rear setbacks (north and south), The building setbacks along the east property line have been increased from 15' to 25', The lakes are situated along portions of the property lines, which increases the building setbacks to 120', The closest building to the adjacent residential subdivision is 25', with the exception of the corner of one building which is setback 15'. Along the south property line the buildings have been setback 35'. Based on the above, the setbacks have been increased above 25% of the required minimum. The perimeter of the site will be well buffered with landscape materials, The trees are placed at a minimum distance of 25' on center and in some areas the palms are clustered between the trees, which provides for an even closer spacing. The trees to be planted along the perimeter of the site have not been increased in height from 12' to 15' to meet this portion of the standard, Based on the above, a substantial portion of this standard has been met. The Board may wish to require the increased height as a condition of approval for full compliance. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as 'shutters, window mullions, quoins, decorative tiles, etc. The roofline is a combination of hip and gables with "S" style cement tile. In addition cupolas are located on the roofs of the end units. Offsetting has been provided between the units and the individual units are distinguished by entrances located on the sides of the structures for the end units as well as within a courtyard area for the internal units. The garages also help to set apart and distinguish the individual units, Muttons have been provided on the windows along with shutters on some of the windows, The windows also vary in size and shapes. Other architectural features include decorative lighting fixtures, louvers, arches with a "key" detail, and flashing. As a variety of architectural elements have been added to the buildings to create diversity as described above, this performance standard has been met. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with , I . I , SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 5 varying floor plans, Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides two and three bedroom units with several floor plans for the 2- bedroom unit. The buildings are designed with one and two story units, all of which contain garages. This does provide for some variety. The RM district requires a minimum floor area of 900 square feet for 2-bedroom units, and 1,250 square feet for 3-bedroom units, The proposed square footages of the 2-bedroom units are 1,246 sq.ft. and 1,380 sq.ft. and 1,246 sq, ft. for the three bedroom unit. While the square footage of the 2 bedroom units well exceeds code requirements, the minimum square footage for the three-bedroom unit has not been met. The applicant has indicated that the 4 square feet can be accommodated, which is attached as a condition of approval. Some variety has been provided to accommodate households of various sizes and ages, however since the project does not provide a four-bedroom unit and an alternate floor plan has not been provided for the 3-bedroom unit, this standard has not been met. (1) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site contains heavy vegetation of mainly exotic plant materials that will need to be removed as part of this development proposal. The only viable plant community exists along the south property line, most of which is located in the Lake Worth Drainage District (LWDD) easement and will also need to be removed, The natural areas that are located outside of the LWDD easement will be retained to the greatest extent possible. New plant communities are being created in the open space areas to mitigate this situation at the northwest corner of the property. Additionally, new plant communities should be provided elsewhere on site. These newly created plant communities will contain shade trees consisting of Live Oaks and Slash Pines. Under story material consists of Saw Palmetto and Sword Ferns. Based on the above, this standard has been met. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit, A good bicycle and pedestrian network is provided throughout the site via internal sidewalks that connect the buildings with each other and with the open space areas, Given the unusual access to the site along the side of a commercial business via an ingress/egress easement, there is not the ability to provide pedestrian access other than the driveway to Atlantic Avenue. Therefore, this standard has been met. However, the Board may wish to require the applicant to work with the owner of the 50' ingress/egress easement to extend the sidewalk to Atlantic Avenue and provide proper pedestrian access to the adjacent street system, , I ( , SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 6 In conclusion, a finding of substantial compliance can be made with 4 of the 7 standards, 2 standards have not been met and 1 standard has been partially met. In terms of the performance standard requirements for the RM zoning district, the proposed density of 8 units per acre can be supported. LDR Chapter 4.3.3(Q) Special Requirements for Specific Uses - Townhouses: Design Standards: (a) No more than two townhouses may be constructed without providing a front setback of no less than 4' offset front to rear. This design standard has been met. (b) No townhouse row shall consist of more than 8 units or a length of 200'. The townhouse rows consists of 3, 4, and 6 units, none of which exceed the 200' maximum length. Therefore this standard has been met. (c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, be located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space, Based on the proposed design, there is only one opportunity to provide a garage from the side street, however, all the end units have side entrances. Walkways have been designed to connect dwelling units with each other as well as with the common open space, Therefore, the intent of this requirement has been met. (d) Not less than 25% of the total area, less water bodies, shall be usable open space, 'either for recreational or some other suitable purpose, public or private. The total area of usable open space is 35.6%. Further, 16.7% of lake area has been provided over and above the useable open space area, Therefore this standard has been met. The following special requirements apply to townhouse or townhouse development and to apartment complexes which are designed in the style of a townhouse. Platting: LOR Section 4.3,3(0)(2) (Plat Required) states that each townhouse, or townhouse type development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each such unit must be shown on the plat. The project will be required to extend water and sewer mains, and the site is described by a metes and bound description. Therefore, the property must platted pursuant to Chapter 5 of the City's Land Development Regulations. In addition, as the " SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 7 project is to be a condominium, a survey indicating the building footprints must be filed with the City Engineer and condominium documents must be provided prior to final plat approval. Building Setbacks Within the RM zone district, 2 story multiple family buildings require a front, side street and rear setback of 25', and a side interior setback of 15'. All the buildings either met or exceed this requirement. In addition to the above, pursuant to LOR Section 4.3.3(0)(3), Special Regulations for Townhouse structures, structures (dwelling unit groups) shall not be located closer than 25'. The applicant has requested internal adjustments to reduce the distance between buildings to a minimum of 15' and the front yard setback from 25' to 20' to the platted street system. Pursuant to LOR Section 2.4,7(C), adjustments to site and development plans may be granted by the Board, which is empowered to approve or deny the site and development plan. Pursuant to LOR Section 2.4.7(C)(5) Findings: the body granting an adjustment must find that the adjustment does not "diminish the practical application of the affected regulation, and that "by granting such relief a superior development project will result. " As the project is for owner occupied units that contain garages, a higher quality community is achieved with higher long-term sale values, The reduction to 15' is being requested to maximize the water views. In some instances the reduced setback applies to only the corners of the building with the balance of the building meeting or exceeding the requirement. There are opportunities where there is a 24' separation to provide the required 25'. The reduction in the front yard setback allows a larger usable open space area to the rear of the units. Further, the site has been configured to eliminate any back to back units, which affords each unit with more privacy, Based on the above, it can be determined that a superior development project will result and staff supports the Internal 'Adjustment requests, LDR Section 4.4.6 (t!) Special Regulations: Pursuant to LDR Section 4.4.6(H)(3) Special Regulations, Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. The development proposal includes recreational facilities including a pool, cabana, tot lot and walking paths. The tot lot is appropriate for toddlers. The pool and walking paths are appropriate for older children as well as adults. No facilities have been provided for teenagers, While this is a relatively small development there appears to be an '. : SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 8 opportunity to have additional recreational amenities for teens adjacent to the recreational facility, Also a picnic area with tables and grills and some benches should be incorporated into the passive recreational areas. These items have been attached as a condition of approval. LDR Section 4.3.4Q9 Development Standards Matrix: Building Height Within the RM zone district, the maximum building height is 35', The height of the structures to the mid point of the roofline is approximately 23', LDR CHAPTER 4.6 SUPPLEMENTARY DISTRICT REGULATIONS: LDR Section 4.6.9 Parking Requirements: Bicycle Parking: Pursuant to LDR Section 4,6.9(C)(1)(c), at private recreation facilities, bicycle-parking areas shall be provided in a designated area and by a fixed or stationary bike rack. The proposal does not include any bike racks, A bike rack should be provided at the pool area, and has been attached as a condition of approval. Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c) multiple family developments containing two or more bedroom units are to provide 2 spaces/unit. In addition, guest parking shall be provided cumulatively as follows: for the first 20 units 0,5 spaces are required, units 21- 50 require 0.3 spaces, and units 51 and above require 0,2 spaces per unit. A total of 69 .units with two and three bedrooms are proposed. Based on the above formula, 161 parking spaces are required and 162 spaces have been provided. Back-out Parking: Pursuant to LDR Section 4.6.9(D)(2)(c) (Provisions for Ingress and Egress), each required parking space should be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided when the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. All of the driveways and quest parking spaces back-out onto the street. It is difficult to provide a loop road situation when the product type is townhouses with garages and driveways. Based on the above, it would be appropriate to grant an internal adjustment for this regulation for this housing product. . , SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 9 Pursuant to LDR Section 2.4.7(C), adjustments to site and development plans may be granted by the Board, which is empowered to approve or deny the site and development plan, Pursuant to LDR Section 2.4.7(C)(5) Findings: the body granting an adjustment must find that the adjustment does not diminish the practical application of the affected regulation, and that "by granting such relief a superior development project will result. " As stated above, the product type is a townhouse with garage, This type of unit eliminates the "sea" of surface parking that is typical of most multifamily developments. Garages also seem to attract a variety of tenants including families, Given the above, it would be appropriate to determine that by granting such relief a superior development project will result. Stacking Distance: Pursuant to LDR Section 4.6,9(D)(3)(c)(2), provisions must be made to provide from 100' stacking from the first point of transaction for each land of a drive-thru facility and in advance of all guardhouses or security gates. Stacking distance has been provided from Atlantic Avenue, however the eastlwest ingresslegress easement will be blocked. At a minimum 40' should be provided. This item will need to be resolved prior to submittal of a building permit. Lighting: Site lighting has been indicated on the landscape plan and site plan. The proposed "shoe box" type of lighting fixture does not exceed the 25' maximum height as required by code, A photometric plan was provided which meets the requirements outlined in LDR Section 4,6.8. Technical Items: While the revised site plan has accommodated most of the staff 'concerns the following items remain outstanding, and will need be addressed prior to building permit submittal. 1, At the southeast corner of the site, the street shall be terminated with a "hammer head" as provided at the west end. 2. A cut sheet indicating the type of tot lot equipment shall be provided prior to submittal of a building permit. 3, A 6' deep x 24' wide maneuvering area shall be provided at the dead-end parking lot located next to the pool area. Engineering Technical Items: The following Engineering Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. FDOT, SFWMD, LWDD, HRS permits will be required prior to recordation of the plat. " ( , SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 10 2, Provide surface water calculations, fire flow calculations, and calculations indicating that lift station and force main have sufficient capacity, 3. Provide a stop sign and bar at the northern parking lot egress. 4, Provide additional information and detail of manhole at tie in, Minimum depth of sewer is 4'. It appears the grade will have to be raised on the southern portion of the site to comply with the minimum sewer depth, 5, The water main must be looped and stubbed out to adjacent properties and tie to main at the southwest corner of the Sun Trust bank, 6, Provide existing elevations on existing roadway. 7. Water main is to be ductile iron pipe. Silver Buttonwood trees and Mahogany trees are to be installed 25' on center around the perimeter of the site and interspersed with clusters of Palm trees, In addition, a continuous hedge of Cocoplum is proposed, The Palm trees are to be under planted with Ixora, Fakahatchee Grass or Fire Bush. The proposed street tree species is Live Oak. Royal Poinciana is used in the common open space areas. A tropical plant scheme is proposed around the pool area and includes Coconut Palms, Bird-of- Paradise, Starburst, and Philodendron. A typical planting plan is provided for each typical structure and includes a variety of plant materials. As described in the Performance Section of this report, a native area is being created at the north end of the lake located along the west property line. In addition, the Board may wish to require that the trees to be installed with a 15' height along the perimeter of the site to fully met Performance Standard @, I ARCH1TECTURA'L ELE.VATIO'N'·S I A description of the architectural style of the building has been provided under the Performance Standard (d) located on Page 4 of this staff report, The proposed colors of the structures are ìo be a combination of beige's with tri-color beige roof tiles. I RE'a"U"'·R.E'·'Þ',YI'N"DI'NiG.,$ I Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 following areas: " · : SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 11 Section 3.1.1 ® - Future Land Use Map: The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac), and is zoned RM-8 (Multiple Family Residential - 8 du/ac), Pursuant to LDR Section 4.4.6(B)(3), within the RM zoning district multiple family are allowed as a permitted use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 ~ - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. Section 3.1.1 (9 - Consistency (Standards for Site Plan Actionst. As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (Q) - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were noted, Conservation Element: Policy 8-2.1: The submission of a biological survey and a habitat analysis shall accompany land use requests for plan amendments, rezoning, and site plan approval. However, the requirement shall not apply to small parcels, developed parcels, or where it is apparent that there are no such resources. Policy 8-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified, plans shall be required to preserve the habitat to the extent feasible, or provide for mitigation if preservation is infeasible or inappropriate. The above policies apply to this application, as the site is large and undeveloped. A biological assessment was provided with the original proposal for the ALF. It was determined at that time that the only significant flora was located along the south property line and most of which is located in the LWDD easement and will need to be removed as part of this development proposal. New plant communities are being created to mitigate this issue, '" t, SPRAB Staff Report Class V Site Plan, landscaping, and Building Elevations for Coconut Key Page 12 Future Land Use Element: Policy A-2.3: Development of remaining vacant properties shall occur in a manner, which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. The property is surrounded by lower density subdivisions, To the south is a single family subdivision known as County Club Acres, to the west by single family residences (Breezy Acres Subdivision and South Trust Bank), and to the east by a single family subdivision and Points West Plaza. This policy was reviewed with the rezoning of the subject property, and it was determined at that time a maximum 8 units per acre would be consistent with and complementary to adjacent developments and therefore applied the suffix, Objective A-1 : Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Physical considerations were discussed earlier under the Performance Standard section of this report. The development of the property will be complementary to adjacent land uses as discussed in the above policy. The greatest need that is identified in the Future Land Use Element is that of single family housing that is affordable to families earning 120% to 200% of the median income, The product type will be affordable to this income range and therefore fulfils a remaining land use need, Housing Element: Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies that will implement this objective include: Policy 8-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. " í SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 13 Policy 8-2.3 - New housing developments shall include a range of housing types that offer variety in size, color, and style. The project is not geared as an adult oriented community. The housing development is designed to accommodate families with children, This is accomplished by providing a townhouse product with a garage, large room sizes and several floor plans that could appeal to different age groups and household sizes. Based on the above, the development proposal is consistent with these policies, Section 2.4.5 (f}!!) - Compatibility (Site Plan Findings)..=. The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north by City GC (General Commercial) zoning; to the south across the L-34 Canal by County RS (Single Family) zoning; to the west by County AR (Agricultural Residential) zoning and the City PC (Planned Commercial) zoning; and east by County AR zoning and City PC zoning. The existing land uses are to the north, an office building (Sun Bank); to the south by a single family development (Country Club Acres); to the west by single family residences (Breezy Acres Subdivision) and Sun Trust Bank; and to the east by a single family subdivision and Points West Plaza. There are no compatibility concerns noted with the adjacent commercial developments, Providing the lakes along the perimeter of the property along with heavy landscaped buffers helps to mitigate compatibility with the adjacent single family subdivisions. In addition, the combinations of one and two stories are similar to the massing of the structures on the adjacent lots. The development of this site with fee simple ownership 1S compatible and harmonious with the adjacent and nearby properties and may even increase property values in the area, The development proposal is not located in an area, which requires review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notice: Courtesy notices have been sent to the following homeowner's and civic associations. . PROD . President's Council Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. '. . . ( . SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 14 The development proposal is to construct 69 townhouse units, It has been demonstrated that the density of 7.9 units per acre can be supported based upon substantial compliance with most of the Performance Standards found in the RM zone district regulations, The Board will need to grant internal adjustments to reduce the distance between buildings and the front yard setback. In addition, an internal adjustment will need to be granted to allow vehicles to back-out onto a driveway that contains more than 200 ADT, Staff can support these requests based on the analysis provided herein. The development proposal is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations provided the conditions of approval are addressed. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction and concurrence, B. Approve the Class V site plan, landscape plan and architectural elevations for Coconut Key based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4,5(F)(5) (Finding of Compatibility) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. C. Deny the site plan, landscape plan, and architectural elevations with basis stated, 'By Separate Motions: Internal Adjustments: 1. Approve the Internal Adjustment to reduce the building separations from 25' to 15' based upon positive findings pursuant to LOR Section 2.4.7(C)(5), 2. Approve the Internal Adjustment to reduce the front yard setback from 25' to 20' based upon positive findings pursuant to LOR Section 2.4.7(C)(5), 3, Approve the Internal Adjustment to allow vehicles to back out onto a street within a planned subdivision that contains more than 200 ADT based upon positive findings pursuant to LOR Section 2.4,7(C)(5). " . . t I , SPRAB Staff Report Class V Site Plan, Landscaping, and Building Elevations for Coconut Key Page 15 Site Plan: Approve the Class V site plan for Coconut Key based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4,5(F)(5) (Finding of Compatibility) of the land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: 1, Address all Technical Items and submit three (3) copies of the revised plans, 2, That the subject property be platted and that no building permits be issued until the plat is recorded. In addition, that a survey be filed with the City Engineer for the Condominium and condominium documents be provided. 3, That a bike rack be provided. 4. That a picnic table, grill, and benches be provided in the common open space area and that a recreational amenity for teens be provided next to the recreational facility. 5. That the three-bedroom unit square footage be increased to a minimum of 1,250 sq.ft. 6. That a traffic study be provided and approved by Palm Beach County Traffic Division prior to issuance of a building permit. 7. That a sidewalk be extended for the site to Atlantic Avenue within the 50 ingress/egress easement subject to approval by the easement owner. Landscape Plan: Approve the landscape plan for Coconut Key based on positive findings with respect to Section 4,6.16 of the land Development Regulations subject to the condition that the perimeter trees be increased to a height of 15' at time of planting where adjacent to lower density neighborhoods, 'Elevations: Approve the proposed elevations for Coconut Key based on positive findings with respect to lDR Section 4,6,18, Attachments: Appendix A Appendix B Site Plan, Landscape Plan, and Architectural Elevations '. , t SPRAB Staff Report \ "', , . Class V Site Plan, landscaping, and Building Elevations for Coconut Key Page 16 Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: LI Water service will be provided to the site via an 8" water main extension from a 12" main which is located along the south side of Atlantic Avenue. The water main will need to be looped and this item can further be addressed with the final engineering plans at time of platting. LI Sewer service is provided to the site via an 8" sewer main extension form the existing lift station located off-site at the northwest comer of the site, The addition of 69 multiple family units will have a minimal impact on water and sewer demands as it relates to this level of service standard. Streets and Traffic: The applicant has not submitted a traffic study for the proposed development. However, the traffic generated by the proposed 69 unit multiple family development will be 483 (Average Daily Trips), The Palm Beach County Traffic Division has not reviewed the traffic study, however no problems are anticipated meeting traffic concurrency. A letter must be provided by the Palm Beach County Traffic Division stating the project meets the traffic performance standards, This item has been attached as a condition of approval. Parks and Recreation Facilities: .The proposed 69 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3,2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $34,500 will be required of this development for parks and recreation purposes. Solid Waste: Trash generated each year by the 69 units is 35.88 tons of solid waste per year (69 units x .52 tons of solid waste per year = 16.22 tons). The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site via sheet flow to a catch basis system which discharges into the internal lakes, with outfall to the L-34 Canal. There should be no impact on drainage as it relates to this level of service standard. 'I --------.... -..-.------.---- -~-- - --- ~..__...-. -- -------.-.-. -.--- ---- ORDINANCE NO. 40-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED BETWEEN MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND ; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND ; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, William F. Koch, Jr. and Mary Lou F. Koch, his wife, are the fee-simple owners of a 8.68 acre parcel of land located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; and WHEREAS, Mark Fassy, Glanzrock Corporation, as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171. 044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of CHO/8 (Commercial High Office/Residential 8 units/acre) , in part, and MR-S (Medium Residential - 5 units/acre), in part; and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 units/acre); and . - -- --' .__._._---.._.__._-----~_..__.- --~~--------~-_.__._-------"~-- -- .---.----.-----------.- - - ----..----- ..--.- - - ___._____.___"-__n_ _ ,.._ ___~__~_____.~.~.~__.___ .__.._._._~__._____.____._____.._. _ _ _~.._ WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of September 28, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre) I based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: A portion of the West One-Half (W 1/2) of the West One-Half (W 1/2) of the Southeast One Quarter (SE 1/4) of the Southeast One Quarter (SE 1/4) of Section 14, Township 46 South, Range 42 East and described as follows: COMMENCE at the Northwest corner of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of said Section; thence South 00 degrees 20'37" East, along the West line of the aforesaid Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) , a distance of 251.73 feet to the POINT OF BEGINNING; Thence North 89 degrees 14'31" East, a distance of 334.49 feet; thence South 00 degrees 21'24" East, to a point on the South line of said Section 14, a distance of 1130.46 feet; thence South 89 degrees 12'59" West along said South line of Section 14 to a point on the West line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) , a distance of 334.76 feet; thence North 00 degrees 20'37" West, a distance of 1130.61 feet to the POINT OF BEGINNING, - 2 - Ord. No. 40-98 . The subject property is located approximately 280 feet south of West Atlantic Avenue, between Military Trail and Markland Lane; containing 8.68 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section S. That the Future Land Use Map designation of the subject property is hereby officially affixed as MD (Medium Density Residential 5-12 units/acre) . Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163,3187 (1) (c) (4) . Section 7 . That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 3 - Ord, No. 40-98 " Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31 ) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 20th day of October , 1998. , ATTEST: ~ JL !m#o* ~y i11rk First Reading October 6, 1998 Second Reading October 20, 1998 - 4 - Ord. No. 40-98 , MD K-MART -I O[LRA Y .-- - SQUARE « PLAZA a:: GC I- - CON'" L! / Ç)~ -/ \ ~(, ~ ~'? GC MARK[TPLACE 'Va ~ <:: z [X[CUTlV£ CARNIVAL OF < SOUAR£ FLeA O[LRA Y MARK[T iìì--¡C- I I\~i- WASHINGTON FiRST! 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FL FROM: COUNTY CHOjB (COMMERCIAL HIGH OtTICE/B UNITS PER ACRE) PLANNING & ZONING DEPARTMENT & COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL-5 UNITS PER ACRE) TO: CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS PER ACRL) - - DICITAL BASE MAP SYSTEM -- MAP REF: l.M278 '. I . ,_~"""'~I ~ ~ I" I" ...... ~~~<"~ ~ D[LP/, Y I" SOU/'P[ « PL/,ZA '" ~ ' ~~}~~~ G~~ a:: I !>., 1-, I "" =Y-Gl '" ~~c~~R~': ~ "" ~ "" i ~ "" - PC r-<: "" '" Ì". Ì'. ~ WASHING TONI FIRST \ Ì'. MUTUAL UNION IÌ'. "" '" ....W E S, T ATLANTIC AVENUE ~ ~~~~ ¡SUN mus' ~ l 3C ~~ ... ....' ~ ''",,,;:.::'" BANK ~ ..., :1 Ì', ~ "'" ~~ PO C PIN[S -- « OfLRA Y WEST PU,lA J:\:: ... .... .... '~I'. .... .... I - GC ~ ~.... .... ....¡.,CI'. .... ,.... .... '~.... .... .... :> iJ{i ~. 8. I j ." IR. .C.! Ì', I. '" "'- ~ Ì', ~I L- ""~ ~ ~ ~ "'" '" . ')¿rF"ffisOtli ~ NING" Ì', Ì"'. "'" "'" ....G~ ~ ~ ~ ~ "" ,'" ~ ~ ~ <{ .... T....J à' ~~ CI'. .... ...." CI'. '\' ... '3:- I JÞ.~t" '" '" Ì', ~~~",,;~~~ ~~ ~y ^I ",N '" ~~ .... .... .... 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Z ~~~I~~~ '{~'~~~ '~ . ih~{~~~~~~~ , 0<S'~ '~ N PALM GARDENS AT DELRAY - ANNEXATION WITH INITIAL ZONING OF RM-8 CITY or DELRA Y BEACH, FL (MEDIUM DENSITY RESIDENTIAL-8 UNITS/AC,) P~ANNINC & ZONINC DEPARTMENT -- DIGITAL BASe MAP SYSTEM -- MAP R£F: ",'278