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Ord 49-98 . , , .. IIIIIIIIIII~IIIIIIIIII , 13/22/2t12 1.5s41. s 1.6 28I2I1.5e27J OR 8K 1.3531. PO 1.651 Pal. Beach County, Florida '~ ORDINANCE NO. 49-98 ~: ~i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF v" DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF ('I): 0ú¡: DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ~, ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED ~.. HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING ,)J MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE ~ CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS I c4 AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR t- 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 d LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ~> WHEREAS, Joseph L. Fabec and Sally Ann Fabec, his wife, are the fee-simple owners of a 0.172 acre parcel of land located at 4965 ~ Jefferson Road (north side of Jefferson Road, approximately 100 feet -..'I east of Military Trail and 600 feet south of Atlantic Avenue; and ~ ~\ WHEREAS, Beril Kruger Planning and Zoning Consultants, 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 ..s: WHEREAS, the subject property hereinafter described is 'i contiguous to the corporate limits of the City of Delray Beach, Florida; and ......... WHEREAS, the City of Delray Beach has heretofore been 1 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, t having a County Future Land Use Map designation of MR-S (Medium Density Residential - 5 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) .~ designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and J çY . · J 8(D( 13531 PAGE 1651 ~ \... ,I WHEREAS, the City's FLUM designations as initially 'I 'i 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 November 16, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of GC (General Commercial) District, 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: Lot 61, SECOND ADDITION TO COUNTRY CLUB ACRES, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 at Page 21. The subject property is located on the north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; containing 0.172 acre, 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. - 2 - Ord. No. 49-98 I I 8O(J( 13531 * 1(&' 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 GC (General Commercial) . 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 GC (General Commercial) 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. - 3 - Ord, No. 49-98 . , , . . 10(1( 13S31 MsE 1653 . < i PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of January , 1999. . ATTEST: (¿L,NmYl/1'" )Ù~1f7 iIo¡/¡y ity Cle k First Reading December 1, 1998 Second Reading January 5, 1999 - 4 - Ord. No. 49-98 , BOOK 13531 PASE 1654 . MD DELRA Y K-MART SOUARE 'PLAZA GC - ... / <::)" -;:;/ ~ ~c., N ~~ <::)0 ~ MARKETPLACE ...J GC OF - f--- PUBLlX DELRA Y < ~ r-- ~ þ<.c,C ~ ~i- WASHINGTON FIRST \' MU TUAL UNION \ W EST ATLANTIC AVENUE SUNTRUST )~ BANK [ ~ ~ I-- I---- ~ '-- --=- I---- '-- 1-1 PINES '(~ DELRA Y I---- I- WEST , WEST PLAZA PLAZA SCO TTYS I---- ~ r--- ~f--- 0 0:: I---- ,-- - i!'1 CJLI I I I I II~ -. ~ "'" I-- ~ - I I I--- I , JEFFERSON ROAD i:~ ìjl I-- >- ~ I~ >- ~ " It N IT ¡ C I H ~ ""(;'l < I-- 0:: _i 0:: < E! b - ...-- - :;;;... -- ~ - - -11:;~ ~ Ij ~ ::; . .!. ~'" ---11~~ - LINCOLN ROAD I~I-- ...J 4 Ie RI 98= ~ I ¡... ~ - - ...... ~ 0 ~ - - ... t. 1 11111/1 III I , ;e ESTATES DRIVE £2::)' ~ \ ADAMS ROAD II I I~ I 0 r I., J: - , < 0 ÞI Iq· ~I .1 - 0:: ~ H í j I. ~ í £: / WASHINGTON . .. ROAD M L - 0 - z II B - "- H þ.. -~ 0 I (/) R Es,Ls 0.'''' I OS w VI -d cr II ~I L. I I I 0:: 0:: < _0 :I: w MADISON ROAD L~ -8 IIIII ¡ I 1 ~ ~ f i k -w :.c -~ I 1 \ ! I I I I , I I ~ N BOCA/DELRAY ANIMAL HOSPITAL - III - AREA PROPOSED FOR FUTURE LAND USE MAP AMENDMENT CiTY or OMA Y BEACH. n. PLANNING 6: ZONING OE:PARTIIENT FROM: PAL'" BEACH COUNTY "'R-5 (IIEOIU'" R£SIOENTIAI.-5 UNITS/ACRE) TO: CITY CC (GENERAl COIoI"'ERCIAL) -- DIGITAl. SASE MAP SYSTEM -- ",",p REr: LIoI302 , BOOK 13531 PA&E 1655 ~ .... , . ~'~~ '" DELRA Y " S~UARE PC . PLAZA "- c-G~ \ "" ~~ING~~ ~ "" ....J ~~~~ ~ '" PUBLlX <: \ a::: ~~~ ~~~ 0:~ ~ WASHINGTON FIRST ~ MUTUAL UN/ON \ '" , "'If E S. T... '" " "A T LAN TIC..... i AVENUE ISUNTRUST a C' C r: c u BANK ~ 'I , ~ PiCe ~.. ' , ~ 0 µ ~ PINES'" DELRAY ~~ D.. - ~ST ~ST " ~ P (t PLAZA PLAZA SCOTTYS ~ ~ ~! GC" i ~ I M ",-,,,- " 1r'\1, II!'" " ~ ~ ex) ,,'" '" "ll'" '" '" F~" ..... N, ~Ì'", r'\ ~ ~ ~ ~ ~ "",- "'-~'" "''' >-EI,~i~:~~ '\ ~$~~,~~:S ~ ~"'~"\.."'~ 0: ~... '" ~ ~ 'j ~ v" , " a:, ~i <: ;~" I~ll' ",./'1" I, I 1",,,,.N:ìJ ~ '" ~ ~i~ ~ >-, , , I. .. <D... ~mv ZI... ~ ,~ ~ V') - :-... " "L1IilC01: ~ " "",-OA ..... " "" ~ I~a: ~~I ....J '\ '\ , i' ~~ !'\- , ~ " ,,,,- "'-"~ '" ~ ex); ',r'\, ",r-....K'KI I~' '~I ~:"\... "- o~ 0 '- ''C:....NII:I. ~.;~~, , . ~ {~~ JB~C) ~PNINGN' :E ESTATES DR'" ~ " ~DA'IolS" " " " ~ AD\. " R ~ 1 A Þ ~} 'I ~I "I IT"l! 'Kf' '\ a: - r!1 I ~,~ ~¡ ,~ " ' :r: _ , ~0st<t'\ ~~ {~" ~ ,,'\ ~ - H £ 1 '\. "\tl" '" ::> 1 OS £ r--I " ~ '5HI IGTðN. " '\ "RO"¡:" 0 M L ~~~:tÌ'\" ..... "I ~ , ' ~ '" A -3i ~'I. '!' , ~iI.. 'a' , '\ If) / ~ w -d I~ ' ! I '1'.. I b" ~" I" r'\ . ~ ' cr ~~~~ I~'\ , ,'}- '\ '\ 'lÌ't'~ ~ESTATES~" OSR _0 w , "ADiS""'- "Q 0' , K-\ I ~ -8 Ì'\"(}w1i1lt~þ~- x-e' ~ " '\ -~ ~ ~ I r-.. ! I " '{f'\.. "\..~ I--~ , 'I 1'-1 '" I '\.. 'i. I"' " 1'.1 I.......' ~ - N BOCA/DEL RAY ANIMAL HOSPITAL CITY or DtLR... Y BE"'CH. FL 11- AREA PROPOSED FOR REZONING PLANNING .. ZONING DEP...RTMENT FROM: PALM BEACH COUNTY AR (ACRlCUL TURAI. RESIDEI</TIo\I.) TO: CITY GC (CENERAI. COMM£RCIAL) -- DICITAl. BAS£ MAP SYSTEM -- w.P REF: LMJ02 . BOOK 13531 PABE 1656 . Dorothy H. Wilk.n, Cl.rk [ITY DF DELIAY BEA[H DELRA Y BEACH , 1 0 . I D A t&fb.i CITY CLERK 100 N,W, 1st AVENUE DELFU\Y BE>'\'CH, FLORIDA 33444 561/243-7000 AII-AnøicaCity , III J! 1993 2001 CERTIFICATION I, ANGELA WONG, Deputy City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 49-98, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 19th of March, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 19th day of March, 2002. ~ ~ ~ Deputy City Clerk City of Delray Beach, Florida f:) 'L¡ ;7 ¡~1 I; "t . ~ .,:-" : ¡, ~ Qt. ,""'_.. 9- - - orq.-Bo' ~-<P' *. () ',' ; \ : (~Ant '~",: ,-'" .:-" I; ~ . " \" ,) ð ~ /\ 4- .. '...,'''' \~ .~~-::/. {,J <,1"·' ~'" " ',' ; , . '. 'V' ~ 0 n \\..... '"'.,, @ Printed on Recycled PaDe, THE EFFORT ALWAYS MATTERS " I , ORDINANCE NO. 49-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF 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 GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENS IVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Joseph L. Fabec and Sally Ann Fabec, his wife, are the fee-simple owners of a 0.172 acre parcel of land located at 4965 Jefferson Road (north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; and WHEREAS, Beril Kruger Planning and Zoning Consultants, 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 MR-S (Medium Density Residential - 5 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and . I I -. 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 November 16, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of GC (General Commercial) District, 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: Lot 61, SECOND ADDITION TO COUNTRY CLUB ACRES, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 at Page 21. The subject property is located on the north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; containing 0.172 acre, 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. - 2 - Ord. No. 49-98 . , I . --------- -~ --~-- ---~- 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 GC (General Commercial) . 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 GC (General Commercial) 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. - 3 - Ord. No. 49-98 , ' - PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of January , 1999. . ATTEST: 0L 4im 'I!lll' lä~1f7 J/o * ity Cle k First Reading December 1, 1998 Second Reading January 5, 1999 - 4 - Ord. No. 49-98 . , .. . .. .. ~~~ " DELRA Y \ PC " SQUARE , PLAZA ~ rG --"' l ~~ING ~~ ~ -J ~~~ ~ "'" PUBLlX « \ a:: ~:~ t'0~~~ ~~ ~ , WASHINGTON FIRST "- MUTUAL UNION \ '" " "'If EST, '" '" A T LAN TIC, i AVENUE ISUNTRUST (~I (~C~ GC u I BANK ~ .. , ploe Iu! _ ~~ ~ . ! ~ I .-¡ 0 ---¡ ..... D£LRAY ~ '", ...J I PINES a.. - WfST WfST " ~ " ~ PC PLAZA PLAZA I SCOTTYS ~ ~ I ~ 0 GC! "'~ ~ ¡ i ~,~ '_N ", i}i."i<" '-t ~ . '\. ~ ~ ~ 0;> ,,"" "" ~'" "" '" '-~I " 1"-.1" '{~ ~ ~ " J ~E~'i.ON :n¡ D" "~ ~ :E '" ""- ""-'1\ ""- ""- ~ ~ ~ '\. .~""~ ~:} ~ '\. ~ '.....A 't::!.' \~i\ ¡ ( H-.. >=~ ~ a: ~ "" ~ "" '\: " ~~~"'< I, '\.'\.f< is I'\.. I "0' 'ii'" 'it " ~ 'I;J B ~ I L.JNliY IZt'lNJI~1 ;: ~ ~ ~~"" ~ :: ~ '\. I!' ,,'" , I, ," ~ w_ ~c ~ ~ I~: -J ~" L'll\LCO't "''' ~OA~ '" '" '" '\~ IS a: " ~""- ""- "l~ ""- '" eX); ~~~,~,~"~~~, "", o~ 0 , "CAli/A\. ~3~' , . 0 {~ì~jB.C.! ZONIING~ :E R~ï:;t ~I ~ " "'DA)(.S" " " " ~ A~ '\ ~ ~}l)trtIJ'i~~10 "<1',,, a: J: -, £ ~~~~~,ti," " '\.," ~ " 'k I I 1\..\'" => 1 H OS I l.. £ 1 _I " '" W>.Sl-fI'-Crdlot '" '" "'RO t,l: 0 ~~~N\~'\ , I~"I ~~ '" H Þ. M -~ ~ ,\ I I 1'-. ~J ~',,- I'.. tf) / I w ~ Z\l~ ~~}t ~~~ 'l~~ -0 cr ~ ", I ,q '\ " I I' , ~ I' ~ ~ Sj'l5 DRIVl 0 S R r--Ü -š ' '\10 AD1.5 ~ "'" R'Q D'" "''' '" ~ __ 1& '\ ~lt'l~N~Ä1E~ ~ ~ "- -w "N " ' , , ,,,. '{ I'\.. ,,~ :Ie , ,,': ~'~I~,\, I~ I" ~ I '\. ~ -~ N BOCA/DEL RAY ANIMAL HOSPITAL - 11- AREA PROPOSED FOR REZONING OTY or DtLRA Y BEACH. r~ P~ANNINC . Z~INC DEPARTIIENT F"ROII: PALII StACH COUNTY /JI (AGRICU~ TURAl RESIDE'-ITIAl) TO: CITY Gc: (CENERAl COWIIERCIAl) - - /)ICITAJ. 8AS£ MAP SYSTEM -- WlP REr: ~1I302 . ' ~¡MD I DELRA Y \ K-MART SQUARE I 'PLAZA GC - ----. ~ / Ç)i? l ~v :-.; ~'t Ç)a ~ ~ MARKETPLACE ...J GC OF PUBLlX DELRA Y c:( ~ - a: ~cc I- ô- WASHINGTON FIRST ,- MUTUAL UNION \ W EST ATLANTIC AVENUE SUN TRUST (~ BANK \g - - - ~ '-- - '--- - ....J PINES DELRA Y '--- - >-- WEST (: f(~ WEST PLAZA PLAZA SCOTTYS ~ - ... f-- ~- 0 f-- 0::_ f-- ! f--- - r- Q ~j LIIIIII I1II - ~~ III-~~ .:;?: - JEFFERSON ROAD - ~ ~I >- ~ -e- IJ r') ~ I ~ C ,'r-H ~ ~~' , a::: '-- 0::: Iê c:( ~ I I I I I _i~ t-. - ...... - - ~ - I......, I i - -, (,~ - Iqn ~ 1-'. If.¡ I ' I~_ _ _ LINCOLN ROAD ---', I~_ I ..J ! 111 ~ R\ ~ I - ~ 8= f-- I ,,; ~ - - ~ ~~ 1111111111111 III ~ \Tms r 2J. ~ ADA~S ROAD ~ III ~ I h I ~ '.I J: r---- , £ ~ ÞIIO- tµ I I I l- I I . I... :::> í H £ í / WASHINGTON .. ..., ROAD 0 ML - ~ II 1111 I 8 V1 - '" H þ.. -~ ~ I II I PI I ~ III I / I OS =~ ~ STATES DRIVE w IoAADISQN ROAD ~ -8 IIIIIII! III I~ f LID -~ I : I I . I ' I I I f:"\ I I I I I I I ~ - ---' N BOCA/DELRAY ANIMAL HOSPITAL - III - AREA PROPOSED FOR FUTURE LAND USE MAP AMENDMENT CITY or D£LIIA Y BEACH, rl PLANNING" ZCtING DEPARTIIENT F'ROII; PAL II B(,\CH COUN'TV IIR-5 (II EO lUll RESIOENTIAL-5 UNITS/ACRE) TO; CITY GC (GENERA:. COII",ERCIAL) -- DlCITAl. 8ASC ItIAP SYSTEAI -- .....1' REr: LII302 '. I · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t17Vf SUBJECT: AGENDA ITEM /oA- REGULAR MEETING OF JANUARY S. 1999 ORDINANCE NO. 49-98 (ANNEXATION, SMALL SCALE FLUM AMENDMENT & INITIAL ZONING/EXPANSION OF BOCA DELRAY ANIMAL HOSPITAL) DATE: DECEMBER 30, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 49-98 which annexes Lot 61, Second Addition to Country Club Acres, provides for a small scale Future Land Use Map amendment and establishes initial zoning for the property. It is located at 4965 Jefferson Road (north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue. The subject property contains a single family dwelling and has a County Future Land Use Map designation of MR-S (Medium Residential - 5 dwelling units/acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning classification of GC (General Commercial) District. The proposed use of the property is for the expansion of the Boca Delray Animal Hospital that is located immediately west of the subject property, The Planning and Zoning Board held a public hearing on the requests on November 16, 1998. No one from the public spoke; however, the adjacent property owner (to the east) sent a letter in support of the expansion with noted concerns regarding the noise associated with the kennels. This item is addressed with the conditional use request. After discussion, the Board voted unanimously to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2,4,S(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan, At first reading on December 1, 1998, the City Commission passed the ordinance by unanimous vote, Recommend approval of Ordinance No. 49- 98 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. (\ .."Á) 6...0 ref:agmemo19 ~ I . , ' CKì r;?t ~- -~~-------~j~'rf';;W'h¡¡)¡¡';;~¡;-;;C~. 1 ~ /ê ¡ ~,'Št1: -~~ TO: DAVID T. HARDEN CITY MANAGER ~ THRU: DIANE DOMINGUEZ, DlRECTOR~' .\J\t ~1~ DEPARTMENT OF PLANN G AND ZONING FROM: J~~1, lOR PLANNER ¡j SUBJECT: MEETING OF DECEMBER 1,1998 ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM RESIDENTIAL - 5 DUlAC) TO CITY GC (GENERAL COMMERCIAL), AND INITIAL ZONING OF GC (GENERAL COMMERCIAL) FOR A PARCEL OF LAND CONTAINING 0.172 ACRES, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100' EAST OF MILITARY TRAIL AND 600' SOUTH OF ATLANTIC AVENUE ~ I The subject property containing a single family dwelling is located in unincorporated Palm Beach County, having a County Future Land Use Map designation MR-5 (Medium Residential- 5 du/ac) and County zoning of AR (Agricultural Residential). The property is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The proposal is to annex the property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning designation of GC (General Commercial). The proposed use of the property is for the expansion of the Boca Delray Animal Hospital that is located immediately west of the subject property. Additional background and an analysis of the requests are found in the attached Planning and Zoning Board Staff Report. Iii At its meeting of November 16, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. No one from the Public spoke on the item, however the adjacent property owner (to the east) sent a letter (attached) in support of the expansion with noted concerns regarding the noise associated with the kennels (this item is addressed with the Conditional Use request), 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. ~ I By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MR-5 (Medium Residential - 5 du/ac) to City GC (General Commercial), and the application of an initial zoning designation of GC (General Commercial), for Boca Delray Animal Hospital based upon the findings and recommendation of the Planning and Zoning Board, and setting a public hearing date of January 5, 1998. p~ 1~7 ~ 6-0 J;µj I j9<g /J¡, A . . I PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: November 16, 1998 AGENDA ITEM: VI.C. ITEM: Future Land Use Map Amendment from County MR-5 (Medium Density Residential-5 du/ac) to City GC (General Commercial) and Annexation ~ith Initial Zoning of City GC (General Commercial) for a Parcel of Land Located on the North Side of Jefferson Road, Approximately 100 ft, East of Military Trail and 600 ft. South of Atlantic Avenue, ANAL L- :3 N - K-MART DELRA Y SQUARE PLAZA GENERAL DATA: / '\)'> ~(,:v ~ .;;." « '\)a g: Owner................,...,...."....,....,.....,... Joseph L. and Sally Ann Fabec MARKETPLACE Applicant..,.., ,..".., ....,....'..........'...., Boca Delray Animal Hospital OF DELRA Y Agent.....".......,..........""..,..,..,...., Beril Kruger Planning and Zoning Consultants WASHINGTON FIRST Location,...............,............,............. North side of Jefferson Road, MU TUAL UNION approximately 100 ft. east of WEST AVENUE Military Trail and 600 ft. south of Atlantic Avenue Property Size..................,...... .......... 0.172 Acre PINES DELRA Y WEST WEST Existing F.L.U,M, Designation_........ County MR-5 (Medium Density PLAZA PLAZA Residential-5 du/acre) Proposed F.L.U.M, Designation......, City GC (General Commercial) Existing Zoning......................,......," County AR (Agricultural Residential) Proposed Zoning"..,......,................, City GC (General Commercial) Adjacent Zoning,..,....."....,.....North: City PC (Planned Commercial) East: County AR South: County AR West: City GC (General Commercial) Existing Land Use......,....,..........,.... Single Family Residence Proposed Land Use....,............,....... Future Land Use Map Amendment and Annexation to accommodate an addition to an existing Veterinary Hospital Water Service.....,...................._,...... Existing on site Sewer Service................._............,.., Existing on site VI.C. I I 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 MR-5 (Medium Residential - 5 du/ac) to City GC (General Commercial) with initial zoning of GC (General Commercial). LOR Sections 2.4,5 (A), (C) and (D) provide rules and procedures for the processing of this petition, The subject property is located on north side of Jefferson Road, approximately 100' east of Military Trail and 600' south of Atlantic Avenue, The subject property involves Lot 61, Second Addition to Country Club Acres. The O,172-acre property contains a single family home located in unincorporated Palm Beach County, and within the City's Planning Area. It has a County Future Land Use Map designation of MR-5 (Medium Residential - 5 du/ac) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning designation of GC (General Commercial). The proposed use of the property is for an expansion to the existing Boca Delray Animal Hospital, which is located immediately west of the subject property. Boca Delray Hospital involves Lots 62 and 63, Second Addition to Country Club Acres, and obtained a water service agreement from the City in 1984 to accommodate the development of a veterinary clinic. On December 12, 1989 via Ordinance No, 67-89, the property was annexed into the City and given an initial zoning designation of GC (General Commercial), Veterinary Clinics are allowed as a Conditional Use in the GC zone district which is addressed in a separate report. I ·'·.'?it;.ìiltjl,U.;R'E·······..···tliAWNiO viiltjis Ei,¡i.gi! lI.!R¡r¡!A·Mi!Ë!I..~a..¡liœ;·¡;i..lAE¡..¡.JI.$ \1 ,. :,;,..;:-:~:~; :,:(., '::',':¡, -,--': ;" '.:: ,-: :" .:' -:':':': ,-:: . ·c' ,-:-:', :":>:::; ;-, :.' .:' . " :".:, ~ . '. ' '_ ,- ~'. ;',_ . _,: :0"" .:.,;- "":".:"': '-", ",:" ",.::",:_.: -, "': .':::-::>; . ...':::,: :-'." :',"'.'r,,"ê.>:.',: :,,",,::.-.: :-:: ::'__.:,,:: < :....:: :.: :': :<::.::<__:,:.',:?}':: :-_"cc.,'.__ ::: :-:;',': : :,',< :-, :.;::-:: ~..:.~'..\;.~ -¡'! r<,'k~: -,: /¡ ~~::.,:_¡,. : :.: :-'.' ::,: "",,:<:.: :-'}:./:: :':,: ::·"",./;:?".:.,.,·:tt'W> '.':; :"':'h..",.'!} :.,: >' >, :>,:(,ò:': ~ :.,.. '.y, Current land Use Designations: The current County Future Land Use Map designation for the property is County MR-5 (Medium Residential - 5 du/ac), The current City "advisory" Future Land Use Map designation for this property is LD (Low Density 0-5 du/ac). Requested land Use Designation: The requested Future Land Use Map change is to City GC (General Commercial). 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 I I Planning-and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 frequency of consideration of amendments (twice a year), subject to the following conditions: 0 The amendment does not exceed 10 acres of land; 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 a 0.172-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 GC (General Commercial) is being processed concurrently with a request for annexation and initial zoning of GC (General Commercial), to accommodate an expansion to the existing veterinary clinic, which is allowed as a conditional use in the GC zone district. The proposed amendment does not involve a residential land use. 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. , Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 The GC (General Commercial) Future Land Use Map designation is consistent with the proposed GC zoning designation. The proposed use (expansion to the existing veterinary clinic) is allowed as a conditional use within the GC zoning district. Consistency between the City and County Land Use Designations: The City's GC Future Land use Map designation is inconsistent with the County's MR-5 Land Use designation which allows for residential uses. The current City "advisory" Future Land Use Map designation is LD (Low Density), The current City's FLUM designation 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 to the north has a City Future Land Use Map designation of GC (General Commercial) and PC (Planned Commercial) zoning designation. The property is developed as a shopping plaza (Delray West Plaza). South and East: Property to the south and east have a County Future Land Use Map designation of MR-5 (Medium Density Residential-5 du/ac) and a County zoning designation of AR (Agricultural Residential). The existing land use is a single-family development (Country Club Acres), West: Property to the west has a City Future Land Use Map designation of GC and a zoning designation of GC, The existing land use is a veterinary clinic (Boca Delray Animal Hospital). Allowable Land Uses: Under the proposed GC (General Commercial) Future Land Use Map designation, commercial and office zoning districts (Le. GC, AC, NC, PC, RT, POC, and POD) are allowed. The applicant has requested an initial zoning designation of GC (General Commercial), which is consistent with the proposed Future Land Use Map designation ofGC. 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 I · Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 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 MR-5 and the current City "advisory" designation is LD, which allows single family residential zoning districts. The proposed City FLUM designation of GC is to accommodate the expansion of an existing veterinary clinic. The need is particular to this specific business which has outgrown its current space, as opposed to a demonstrated City need for this particular land use. However, the change is being made to a small parcel that is immediately adjacent to the commercial piece, and the residential and commercial uses have co-existed for many years with no problems. The change will likely have minimal impact on the character of the area. 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 was previously disturbed and contains a single-family dwelling, There are no physical or environmental characteristics of the land that would be negatively impacted by the proposed expansion to the veterinary clinic, Compatibility is not a major concern as the veterinary clinic has been in operation for many years and co-existed with the adjacent neighborhood. There is no knowledge of any problems associated with the existing use. To further compatibility a 6' high concrete wall is proposed along the east property line, and heavy landscaping (i.e. trees 25' on center to form a solid tree line) will be required. The redevelopment of the property from residential to commercial does not necessarily fulfill a remaining land use need, however it will allow a well-established business to make some minor modifications to its site. Based on the above, a positive finding to this Objective can be made. Future Land Use Element Policy A-1.6: To encourage revitalization of the City's Central Business District and enhance the residential character of the western portion of the City, Future land Use Map amendments to commercial designations in the area west of Interstate 1-95 shall be discouraged. This policy was intended to prevent large-scale planned commercial developments such as shopping centers, which could house major retail tenants that would compete with the downtown, The FLUM amendment is for a parcel of land, which is less than an acre and is not, located east of an arterial road. The amendment is to accommodate the expansion of an existing business (Le. veterinary clinic) which will not compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is not inconsistent with the Policy. , . : . , Planning and Zoning Board Staff report Boca Delray Animal Hospital - 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. The following Housing Element Policies apply to this development proposal: Housing Element Policy A-4.4 (Stabilization Neighborhoodst The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. As the requested zoning is to GC, a positive finding to this policy cannot be made, An alternative approach that would allow the expansion without conflicting with this policy would be to rezone the subject parcel to CF (Community Facilities), which is one of the "allowable" zoning classifications. The building addition would have to be re-designed to have the expansion along the Military Trail side and the parking in the rear (parking lots are allowed as a conditional use in the CF zone district). A finding of consistency with this policy could then be made. The drawback to this approach is that the driveway access to the site would most likely have to be moved further east, bringing clinic traffic closer into the neighborhood, It would also result in a 7,500 sq, ft. lot having a separate zoning designation from the surrounding area, Housing Element Policy A-12.3: In evaluating proposals for new development and redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that the proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development proposal involves the expansion of an existing veterinary clinic. All aspects of the operation will be conducted inside, Therefore, the use should not have a negative impact with respect to noise, odors or dust. The traffic generated by the proposal is minimal (86 additional trips a day), Access to the site will not change with this development proposal. Access to the site will be through the existing curb cut onto Jefferson Road. As the project is located along the western edge of the neighborhood (adjacent to Military Trail), commercial traffic will not travel through the neighborhood to create a negative impact. Based on the above, the proposed expansion should not result in a degradation of the adjacent neighborhood. In fact, given the marginal condition of the neighborhood, this development proposal may have a positive effect with stabilization of the neighborhood. It is noted, that pursuant to LDR Section 3,1.1 (C)(Consistency) a finding of overall consistency can be made even though the action will be in conflict with some . I , Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future land Use Map Amendment Page 6 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 a veterinary clinic, Conditional Use approval is required and Consistency is discussed further within that report. I:J 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 GC land use designation and meet adopted concurrency standards. CJ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility with the commercial developments to the north and west is not a concern. Compatibility with abutting residential properties to the east and south is a concern, however, there are sufficient LDR requirements in place to mitigate any potential negative impacts (Le. landscape regulations and District Boundary Separation requirements). These items are further addressed with the Conditional Use analysis. CJ 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 the conditional use and site plan approval requests. There should be no problems complying with the Land Development Regulations, I "'·'·ÄYN"N·.EXÄ/'!'rI·êj..N·'·· ·~/N'.~;I'.JS·]·..$"ùx"."'> ........... ',. .i.',,···;·'···· I ',': :::,::~:',,::,,:';:::.~., : ,:.:.:: :"".' ';: ::.,"'; '0 _ - ',' :_.r}:",. _ '.::', ._~:>::. ":::: :"_:_< _> ::-:~"'_::::.,. ::,,'_::::::.:., .," ~:;,_:_., ;~:"u_: :'::.~::'\:.:::>~:, ,::.'::':::.:_:~:': .'.''.: :::':~::.::'::-~- :;': ;:::~-, - - . "',«: ,: 3<' ,- 'Y -..:.' , > - -:<C'.'-,; - ':' ,; :. :,,'~-, :. .:<v< :y: -->',:; ·'iV " <' }:, . ;':''''''''+:'/?'J:''; 'ï.",':h Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171,044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F,S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171,031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; Of, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality, . Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 D The property is contiguous with the City along the north and west property lines, The property does abut unincorporated areas to the south and west. As a single municipality does not bound the subject property on all sides an enclave is not being created by this annexation proposal. 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 Future Land Use Element Policy B-3.5) on the east 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 B-3.1). The following is a discussion of required services and the manner in which they will be provided, Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area, The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized, Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north 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). , Planning_and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 Water: The veterinary clinic has had City water since 1984, originally through the execution of a water service agreement and subsequently through annexation into the City, Water is provided to the site via a service lateral connection to an 8" water main located with Jefferson Road right-of-way, Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant to handle the additional demands generated by expansion of the clinic. Sewer: Sewer is currently provided to the veterinary clinic via a service lateral connection to an 8" main located along the south side of Delray West Plaza, which will serve the expansion as well. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant to handle the additional demands generated by expansion of the clinic. Streets: This property has access via Jefferson Road, 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 and states that the proposed 2,500 square foot expansion will generate 86 additional trips per day. The existing single family development generates 10 trips per day. Military Trail currently is operating at LOS liD", which can accommodate the vehicular trips generated by the proposed development. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: A slight increase in solid waste generation will be realized with this development proposal. 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 $64,285. 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, , . Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 The current yearly ad valorem taxes are $ 1,256,79, With annexation the yearly ad valorem taxes will be $ 1,573,92; a tax difference of $ 317.14. 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, For non-residential units the fee is calculated using the following formula (# sq.ft. of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site, Solid Waste Authority - The annexation is being processed to accommodate the expansion of a business that is already receiving sanitation service from the City, BFI (Browning Ferris Industries). BFI will continue to service the site after the addition is complete. Occupational License Fees - The veterinary clinic has an occupational license. The City license fee for the facility is $125. As the proposal involves an expansion to the existing facility, no additional fees will be realized with this development proposal. Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 317.14 (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 WATER & SEWER UTILITY FEES $.00 OCCUPATIONAL LICENSE FEES $.00 ANNUAL FINANCIAL IMPACT: +$ 317.14 . I Planning and Zoning Board Staff report Boca Delray Animal Hospital - 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 $494.98 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 GC (General Commercial) while the current County zoning designation is AR (Agricultural Residential), The surrounding zoning designations are: County AR to the south and east; City PC (Planned Commercial) to the north; and City GC (General Commercial) to the west. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed GC zoning designation is consistent with the proposed General Commercial Future Land Use Map designation. The proposed veterinary clinic is allowed as a conditional use within the GC zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map, . I , Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 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 single family lot. 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 contains a single-family dwelling, The development proposal involves the demolition of the dwelling for the expansion of a veterinary clinic, 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 A, B, and C are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: 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 GC zoning designation will accommodate the proposed expansion to the veterinary clinic as a conditional use. Compatibility with the adjacent residential development will relate to how the lot is ultimately designed, The sketch plan indicates that the bulk and massing of the structure will be located to the west of the property (along Military Trail). A 6' high c,b,s. wall is proposed along the east property line to buffer any impacts from noise or headlights that may be generated by the development proposal. . Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 Regulations that help mitigate impacts include the placement trees every 25' along the east and south property lines where the subject property abuts the single-family neighborhood. 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~(Rezoning Findingst 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; 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, which requires that an appropriate zoning designation be applied. The GC zone designation is being sought to be consistent with the proposed City Future Land Use Map designation of GC. As previously discussed the GC FLUM and zoning designations are requested to accommodate the expansion of an existing veterinary clinic. While the zoning change does not specifically meet the findings listed above, the rezoning will allow a use that can be determined to be appropriate for this particular property given its location adjacent to the existing clinic and Military Trail. The home is not owner-occupied and the condition of the property appears to be deteriorating. The Boca Delray Animal Hospital is well maintained and when expanded onto this property will likely have a positive impact on the surrounding neighborhood. 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), Palm Beach County Notice: On November 4, 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. . Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 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) 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. However, the requested Future Land Use Map and zoning designations of GC are inconsistent with numerous Comprehensive Plan policies and required LDR findings, The majority of these inconsistencies could be addressed by applying a CF zoning designation to the annexed parcel, and redesigning the site so that the added parcel contains only parking. While this approach provides the consistency, it would create a development with split zoning classifications, and require relocation of the driveway further to the east into the residential area, LDR Section 3.1.1 (C)(Consistency) allows the Board to make a finding of overall consistency even when the action will conflict with some performance standards, provided that the approving body specifically finds that the beneficial aspects of the proposed project outweigh the negative impacts of the identified points of conflict. While the GC land use and zoning allow more intense uses than are allowed under the current City advisory designation of LD (Low Density Residential), sufficient regulations exist to properly mitigate any potential adverse impacts from the expanded use, Additionally, any negative aspects of the veterinary clinic expansion will be further reviewed and can be mitigated through the conditional use process. If the Board does not find that the beneficial aspects of the project outweigh the negative impacts of the I . Planning-and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 inconsistencies with applicable policies and LOR standards, a recommendation can be made to rezone the parcel to Community Facilities. 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 commercial purposes, 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 $494.98 a year. In conjunction with the annexation, 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. I"H/\H·.·C¡'" ,TT'T:, ,,. '·"A'I....'¡i'J"'E;R'N·A·1t''I'·~:''e Y·.I:"!Õlliø'iiIlí"S!!';:T>T"""T{!!'i;i!. '.,.'". ,~ ,-j", I ,'-~ ';: ,'::? \-:,,:,U}':;j,\: "zjé: :: e.u.:"--;.'· --~,\ ,_ ,: :~;" .'. :,>:::,._~\, _. _: -::_ " .. - ;~:..:.:;;~;:'. .'/,.<:: ::~ ; .,' .~.-:r[::r·..: ::,;'L ,:.:.' Y5,:;,:.·i::;¡;:t.L,:::~:"J;(,.:. .:-!",:::':")ic:,H::}:"fWÜ[!!·D:!'::,',:';:',:!::i't'¡:.;'ù:' -~ ~'~~5;r>::;:, A. Continue with direction to apply an initial zoning of CF (Community Facilities). B. Recommend approval of the Annexation based upon the following findings: 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. And, recommend approval of the Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) for Boca Oelray Animal Hospital based upon positive findings with respect to Future Land Use Element Objective A-1 and Housing Element Policy A-12.3 of the Comprehensive Plan; and a finding that while the proposal is inconsistent with certain other policies and standards, the positive aspects of the project outweigh the negative impacts. C, Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial), for Boca Oelray Animal Hospital based upon a failure to make positive findings with respect to the following: Future Land Use Element Policy A-1.7 (FLUM Amendment Findings); Housing Element Policy A- 4.4 (Most Restrictive Zoning); and LOR Section 2.4,5(0)(5) (Reasons for Rezoning), . I Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 Recommend approval of the Annexation based upon the following findings: 1. That the property is contiguous, reasonably compact and does not create an enclave. 2. That services will be provided to the property in a manner similar to other similar properties within the City. And, recommend approval of the Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) for Boca Delray Animal Hospital based upon positive findings with respect to Future Land Use Element Objective A-1 and Housing Element Policy A- 12,3 of the Comprehensive Plan; and a finding that while the proposal is inconsistent with certain other policies and standards, the positive aspects of the project outweigh the negative impacts. Attachments: . Future Land Use Map . 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NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 49-98 , : The City Commissioø of the City of Delray Beach will bold a ~L!C IlEAJUNG ON_1'IIE -·:&~~çañ~~~ODO~~~~~~~~f~lom~~~~in7: · Commissioø Chambers at City Hall. 100 N,W, Ist Avenue, Delray Beach, Florida, at which tiDJc : die City Commissioø will consider its adoption, The ordinance will be tad by title only and all : persons intereSted will be given the opportunity to be beard ORDINANCE NO, 49-98 AN ORDINANCE OF TIlE CITY COMMISSION OF TIlE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO TIlE CITY OF DELRAY BEACH, LOr 61, SECOND ADDmON TO COUNTRY CLUB ACRES, ACCORDING TO TIlE PLAT TIlEREOF, LOCATED ON TIlE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAll.. AND 600 FEET SOUTH OF ATI.ANTIC 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 OBUGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO TIlE FUTURE LAND USE MAP AS CONI'AINED IN TIlE ,. COMPREHENSIVE PLAN; ELECI1NG TO PROCEED UNDER TIlE SINGLE HEARING ADOPTION' PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR TIlE ZONE TIffiREOF TO GC (GENERAL .' COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE. AND AN EFFECTIVE DATE, ft , A MAP (not to scale) DEPICI1NG THE GENERAL LOCATION OF THE PROPERTY TO BE f ANNEXED IS SHOWN BELOW, A COMPLETE LEGAL DESCRIPTION BY LOr AND ~ SUBDMSION AND/OR METES AND BOUNDS AND A COPY OF 'I1IE ORDINANCE = HEREINABOVE NAMED CAN BE OBTAINED FROM TIlE OffiCE OF TIlE CITY " CLERK, CITY HALL, 100 N,W, 1ST AVENUE, DELRAY BEACH, FLORIDA. = S := 2 ~ ~ J ~ ¡:¡, = ~ CII ¡:¡, = I I ~ , =' J Ma ~ · ..' ~ · PC ...... ~ · I e c:r CD ~ , "! 2 ~ ac I !> - I ~ ~ CO ØOCA/DELRAY ANllotAL HOSPITAL .---...- - -.... ............ ~ ....~~ - ...- - This notice is published as n>qui!ed by Stale law, The proposed onIinance may be inspected at , the Office of the City Clerk at City Hall. 100 N,W. Ist Avenue, Delray Beach, Florida, between die hours of 8:00 a.m, and 5:00 p,m, Monday tIuough Friday, excluding holidays, PLEASE BE ADVISED that if a penon decides to appeal any decision made by the City Commission with respect to any matter COIISidered at this bearing. such person will need to ensure that a verl>atim record includes die testimony and evidence upon which die appeal is to be based, The City does nol provide oor pæpare such record, Pursuan' to ES. 285,0105 , PUBUSH: The Boca Raton News CITY OF DELRAY BEACH December 30, 1998 Alison MacGregor Harty AD: #786659 City Clerk . 1 . /l () Uf}() d- fJU/3t.I $;/ /~ao/ge CITY OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 49-98 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY. JANUARY 5. 1999. 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. 49-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF ATLANTI C 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 GC (GENERAL COMMERCIAL) 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 GC (GENERAL COMMERCIAL) DISTRICT; 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 December 30, 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 , . N BOCA/DELRAY ANIMAL HOSPITAL ~ . - AlItA _0 '00 IItZOH". .............ao..f\ ~.__IÞAI'-.c.., ... .... _. ..... IÞ ~..... lIMe......, . ... . ---. ~-=...; ..~ .-.- ....." I'I'JII.. ~. ... tIf" ~.., · (' c... : fI~Ch CITY OF DELRA Y BEACH, FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Dekay Beach, Florida, will oonsider a proposed change to the Future Land Use Map for a 0.172 acre parcel of land located on the north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue (Lot 61, Second Addition to Country Club Acres). The proposal involves a Small Scale Future Land Use Map amendment FROM County MR-5 (Medium Density Residential - 5 dwelling units/acre) TO City GC (General Commercial) associated with an expansion of the Boca Delray Animal Hospital. The City Commission will conduct a Public Hearing on TUESDAY. JANUARY 5. 1999. 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 CI:I consider adopting this small scale amendment to the Future Land 0 Use Map. The title of the enacting ordinance is as follows: ð ~ ORDINANCE NO. 49-98 ~ S AN ORDINANCE OF THE CITY COMMISSION OF THE CITY :::s 2: OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY ~ OF DELRAY BEACH, LOT 61, SECOND ADDITION TO ~ COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCA1ED ON THE NORTH SIDE OF JEfFERSON s: ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY 0 :::s TRAIL AND 600 FEET SOUTH OF ATLANTIC A VENUE, AS Q. MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND ~ :< IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; 0 REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE ~ SAID LAND; PROVIDING FOR THE RIGHTS AND ð C1) OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL 53 LAND USE DESIGNATION OF GC (GENERAL 0' COMMERCIAL) FOR SAID LAND AND TO THE FUTURE ~ ..., LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE I:\; PLAN; ELECTING TO PROCEED UNDER THE SINGLE 00 HEARING AOOPTION PROCESS FOR SMALL SCALE LAND ...... USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING ç,c THEREOF TO GC ( GENERAL COMMERCIAL) DISTRICT; ç,c 00 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING ~ CLAUSE, AND AN EFFECTIVE DATE. All interested citizens are invited to åttend 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 561/243-7040), between the hours of 8:00 a,m. and 5:00 p.m., Mpnday 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 MAITER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WInCH THE APPEAL IS ro BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH A RECORD. PURSUANT TO F.S. 286.0105 PUBUSH: The Boca Raton News CITY OF DELRA Y BEACH December 28, 1998 Alison MacGregor Harty Ad # 786658 City Clerk , fMuSH 1:;)-/.;19/98" 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 0.172 acre parcel of land located on the north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue (Lot 61, Second Addition to Country Club Acres) . The proposal involves a Small Scale Future Land Use Map amendment FROM County MR-S (Medium Density Residential - 5 dwelling units/acre) TO C it Y GC (General Commercial) associated with an expansion of the Boca Delray Animal Hospital. The City Commission will conduct a Public Hearing on TUESDAY. JANUARY 5. 1999. 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. 49-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF 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 GC (GENERAL COMMERCIAL) 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 GC (GENERAL COMMERCIAL) DISTRICT; 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 December 28, 1998 Alison MacGregor Harty City Clerk ********************************************************************** Instructions to Newspaper: 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. , . fJ ~jHrn .' . c.e: - ~ CITY OF DELRAY B:EACH. FLORIDA. g j-: II S NOTICE OF ANNEXATION AND ZONING '. ,. ORDINANCE NO. 49-98 .:"~ ,- ·'1 $), ¡(.i. The City CommissiOlt of the City of Delray Beach will hold a PUBLIC BEAlUNGON THE FOLLOWING It'I' ~r' PROPOSED ORDINANCE ON TUJrSDAY. JANUARY 5. 1999. AT 7:08 P.M. ( or at any continuation of ':=1 such meeting which i. set by the COIIIIIIÏIsåon). 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 órdinance ..:~ will be read by title only and all person interested will be given the opportunity to be heard. ~'f AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH. Lar 61. SECOND ADDmON TO THE COUNTRY CLUB ACRES. : ~~',~. ACCORDING TO THE PLAT THEREOF. LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MlLlTARY TRAIL AND 600 FEET soum OF ATI..ANTIC AVENUE, - AS MORE PARrICULARLY DESCRIBED HEREIN, wmCH LAND IS CONTIGUOUS TO EXISTING , MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; ,:.... '. PROVIDING FOR THE RIGHI'S AND OBUGATlONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE 'r, DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FU1URE LAND USE MAP AS .. CONTAINED IN THE COMPREHENSIVE PLAN; ELECrING TO PROCEED UNDER THE SINGLE HEARING AOOP110N PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONE THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER ,~~ ~ CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. :,"'.1:1 WHEREAS, JOIIeph L.Fabec and Sally Ann Fabec, his wife, are the fee-simple owners of a 0,172 acre pan:el of land located at 4965 Jefferson R08d (north side of Jefferson Road, approximately 100 feet east of = ,- Military Trail and 600 feet south of Atlantic Avenue; and ~ ~ WHEREAS. Beril Kruger Planning and Zoning Consultants. as dully 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 N WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the .. ' ~ ( ~ City of Delray Beach, Florida; and .a " WHEREAS, the City of Delray Beach haS heretofore been authorized to annex lands in accordance æ ~ ¡- 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 MR-5 (Medium Density Resi- ri 'A dential- 5 dwelling units/acre); and "t 'C WHEREAS, the Advisory Future Land Use Map (PLUM) delegation for the subject property in the ~ City of Delray Beach. Florida, is GC (General Commercial); and ~ I = 'C 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; aød ~ WHEREAS. the designatioo of a zoning classification is part of this proceeding, and the provisions ~ ' of Land Development Regulations Chapter 1Wo have been followed in establishing the proposed zoning ~. designatioo; and Z = 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 November 16, 1998, and voted unanimously to recommend .. . ~! " that the requests be approved with an initial zoning of GC (General Commercial) District, based upon positive il findings. ) NOW, THEREFORE, BE IT ORDAINED BY nœ CITY COMMISSION OF TIlE CITY OF DELRAY -',I~ q BEACH. FLORIDA, AS FOLLOWS: " -, Section 1. That the City 'Commission of the City of Delray Beach, Palm Beach County, Florida, ..." hereby anœxes to said City the following described land located in Palm Beach County, Florida, which lies ~IF contiguous to said City to-wit: " 1 Lot 61, SECOND ADDmON TO COUNTRY CLUB ACRES, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 f at Page 21. :/.''- '1, The subject property is located on the north side of Jefferson Road, approximately 100 feet east of ,I IF Military Trail and 600 feet south of Atlantic Avenue;containiDg 0.172 acre, more or less. e:") " Sectioo 2, That the boundaries of the City of De1ray Beach, Florida, are hereby redefined to include , ,0 therein the above-described tract of land and said land is hereby declaml to be within the corporate limits of {'It the City ofDelray Beach. Florida. .i2 Section 3. That ~ land hereinabove described shall immediately become subject to all of the I rd 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 ordinaDces and as required by Florida Statutes ChIIpIier I 'T7, and persons residing there- . on shall be deemed citizens of the City of Deiray Beach, Florida: I I ~ I ,," -,. ·'Sooction 4. ..-dda _........ of _ oubject pooperty iDclu<lï.& IIdjaceøt roads. alleys. 0< the like, if,..,. iIIoBII~ _~ by 1bc CIty of any "NIi_~ reøpmmibility for 5ucb roads, alleys, or ~'S doe Iih. .ucss otherwise specifically initiated by the aty punuant to current requirement and conditions, 'i~s 'i ~, That doe FIIIure LaIId UIe Map desipatiOR of the subject property is bereby officially afIied as GC (General Commercial), - \lé:~ Section 6. 'Ibat the City of Delray Beach élects to maIœ Ibis small IC8Ie amendinent by haYing only ~~i~ ~, ID IIIIoptioD bearing, pursuant to Florida Statutes Section ' b~ 163.3187(1) (c) (4). Section 7, That 01apter 1Wo of the Land Development 1lf;gu1ations bas been followed in the r......¡;."'-ot of a wniDg classification in this ordinaDce and the tract of land bereinabove described is hereby declared to be in Zoning District OC (General Commercial) as defiœd by existing ordinances of the City of Delray Beach, ~ That all ordinances or parts of ordinances In conflict herewith be. and the same are hereby f repealed. ~ Section 9, That should any oætion or provision of this ordinance or any portion thereof. any para- ~ pçh. lCDteøce or word be declared by a comt of competent jurisdiction to be invalid, such decision shall not Ii" atIect tile YIIlidity of the n:miDder hereof as a whole or part thereof other than the part declared to be invalid, i 'Ii f'8 Section 10, That this ordinance shall become effective as follows: As to annexation, immediately ¡' upon JIISMIe on 8eCOød and final reading; as to 1aIod \Me and ZO!1ÏD8. tbirty-one (31 )days after adoption, unless l the amendment is challenged pursuant to Section 163.3187(3). F.S. If challenged, the effective date of the land ,I <? use plan IIIIleDdment and zoning shall be the date a final order is issued by the Department of CommUnity ~ Main. or the AdministratiOll Commission. findiJlg the amendment in compliance with Section 163.3184. F.S, Ii ',. No development orden. development permits. or land uses dependent on this amendment may be issued or ~ COIIIIDeIICe before it bas become effective, If a final order of DOIICompliance is issued by the Administration - COIIIIIIission, this amenduaP.nt may nevertheless be made effective by adoption of a æsolution affinning its ): effective status. a copy of which reøolution sha1I be lent to the Department of Community Main, Bureau of tIe Local Planning, 2740 Centerview Drive. 1alIahassee. Florida. 32399·2100. 11) œ ro A MAP (not to scale) DEPlCI1NG THE GENERAL LOCATION OF THE PROPERI'Y TO BE ANNEXED ~ I; r'!,( IS SHOWN BELOW, A COMPLETE LEGAL DESCRIPJ10N BY LOT AND SUBDMSION AND/OR ~ " METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE ~'I OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL. 100 N,W, 1ST AVENUE, DELRAY = ,, ~ BEACH, FLORIDA, ~ -''>J ~ f' a =- ".I' ~ r¡i "! , ~Î' N ~ ,1 - ({¡ ~ ¡ Q I ,) , " I, i~ I! . it',. :"ti' rJ é 'I,~'" -' ~ r , , , I ~ , ( I , I , I I , I . IOCA/DELRAY ANIMAL HOSPITAL , I 8'--"- ! .... ---- ---......... .... ..... --... ------.- .... - 11ú øotice is pubIiIbed as required by Stale law and Section 2.03 (b) of the City Charter of the City of DeIray ~. The propoeed onIinance may he iDapeçIed at the Office of the City Clerk at City Hall. 100 N,W, 1st Avenue. DeIray Beach, Florida, betweeD doe hours of 8:00 a.m, and 5:00 p.m. MOI1day througb Fridaý, acludiD& holidaYI. PLEASE BE ADVISED tMt if a periOD ðtc:Ides 1O*IJpe81 .., deciaiOll made by die City Commission with i respect 10 any IDIIIIer COIIIidered at Ibis bearing. luch penon will need to ensure that a verbatim record I iJJcludes the teItimony and mdeDœ upon which the appeal is 10 be based, The City does not provide nor i ' JIqIIIIe IUd1 œœnL I'InaIDt 10 P.s. US.OI05 " , . . I PUBLISH: The Boc:a ILIIoa ~s CTY OF DBLRAY BEACH i De&BDber 23. 1998 ~ M.aI:Oæsor Harty AD: '786656 City CIeri< I IJ /I £j(f}¡) / fJu.8L1511 /.;¿./ .;28/98> CITY OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 49-98 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TIÆSDAY. JANUARY 5. 1999. 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. 49-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF 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 GC (GENERAL COMMERCIAL) 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 GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Joseph L. Fabec and Sally Ann Fabec, his wife, are the fee-simple owners of a 0.172 acre parcel of land located at 4965 Jefferson Road (north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; and WHEREAS, Beril Kruger Planning and Zoning Consultants, 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 I 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 MR-S (Medium Density Residential - 5 dwelling units/acre) ; and WHEREAS, the Advisory Future Land Use Map ( FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); 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 November 16, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of GC (General Commercial) District, 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: Lot 61, SECOND ADDITION TO COUNTRY CLUB ACRES, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 at Page 21. The subject property is located on the north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; containing 0.172 acre, 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. - 2 - " 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 GC (General Commercial) , 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 GC (General Commercial) 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.B. 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 - 3 - I 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 December 23, 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. 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