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03-22-94 Regular . 1tL" II ~E\lH bed . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ¡"fUP March 22. 1994 6:00 P.M.: PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Randolph, (407) 243-7127 at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations) . The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2 . SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. City Commission Regular Meeting 03/22/94 APPELLATE PROCEDURES 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 meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City will neither provide nor prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. / Agenda Approval. Action: Motion to Approve. S . /' Approval of Minutes: A. Regular Meeting of March 8, 1994 B. Special Meeting of March 15, 1994. 6. /proclamations: A. Days of Remembrance of the Victims of the Holocaust, April 3 through April 10, 1994 B. Shrine Hospital Days, April 1 through April 11, 1994. C. National Community Development Week, March 28 through April 1, 1994. - SomETf,,"7 ¡n¡'SSS-D - . D. National Building Safety Week, April 11 through April 17, 1994. 7. Presentations: A. RESOLUTION NO. 28-94: A resolution recognizing and commending Katie Bell. ,nB~ B. Drug Task Force. íì ()!,¡t r¡'.D .JcH(S'@ C,I ~ Capital Improvement Program - FY 1995/99. J m~ 8. Consent Agenda: City Manager recommends approval. J¥- RESOLUTION NO. 29-94: Approve Resolution No. 29-94 authorizing the purchase of certain real property by the City for the purpose of constructing SW 10th Avenue, and accepting the Contract for Sale and Purchasej with funding from General Construction Fund - SW 10th Avenue (Account No. 334-3162- 541-61.89). - 2 - '. City Commission Regular Meeting 03/22/94 B. j RIGHT-OF-WAY DEED/ S. W. 10TH AVENUE: Accept a right-of-way warranty deed and construction agreement from Cheryl A. Carley for a portion of the proposed right-of-way for S.W. 10th Avenue, for the purchase amount of $4,000. ~c.~ RE§OL~TION NO. 2§-24/ABANDQNM~NT QF PQBL.~ ß.~UI-QE-Hðï/QHHEN SUBDIVISION: Approve a resolution to abandon a portion of an alleyway within Block 84, Onnen subdivision. JD. FINAL PLAT/ONNEN SUBDIVISION: Approve final plat for the Onnen subdivision, located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street, pursuant to Florida Statutes Chapter 177 and LDR Section 2.4.5(J), Major Subdivisions. E.) FEE WAIVER/COMMUNITY REDEVELOPMENT AGENCY: Approve a waiver of fees in the amount of $567.96 for the tree trimming along South Swinton Avenue for the historic house moving project. F.v! APPROPRIATION OF FUNDS/POLICE DEPARTMENT COMMUNICATIONS CENTER: Approve the appropriation of $52,000.00 from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90) for improvements in the Communications Center (flooring, consoles, wiring) . G. ~RENTAL POLICY/PRIVATE USE OF PAVILLIONS AT VETERANS AND ATLANTIC DUNES PARKS: Approve rental of pavilions at Veterans and Atlantic Dunes Parks for private functions. H. vlSERVICE AUTHORIZATION NO. 4/FINAL PAYMENT/DIGBY BRIDGES. MARSH & ASSOCIATES: Approve final payment in the amount of $9,600 to Digby Bridges, Marsh & Associates for construction management services in conjunction with Tennis Center Phase II, with funding from the General Construction Fund, Tennis Center (Account No. 334-4145-572-63.42). I. J MODIFICATION NO. 4 OF CONTRACT/VULCAN PEROXIDATION SYSTEMS. INC.: Approve extension of contract with Vulcan Peroxidation Systems, Inc. through September 30, 1994. J.v! CITY ATTORNEY EMPLOYEE RECOMMENDATIONS: Approve continuation of the services of Brian Shutt at the completion of his Extern- ship Program in April 1994, and a salary increase for Assistant City Attorney, David Tolces. vI~ SETTLEMENT/WOODS OF SOUTHRIDGE V. CITY OF DELRAY BEACH: ~~~Approve dismissal of lawsuit, Woods of Southridge v. City of Delray Beach regarding The Groves development. JL. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Police Uniform Contract - to Lou's Gun Shop and Police Supply, Inc. in the estimated annual amount of $22,573.75, with funding from the Uniform Funds of Administration (001-2111-521-52.22), Investigation - 3 - City Commission Regular Meeting 03/22/94 A. ORDINANCE 6-94: An ordinance annexing and establishing the O~ initial zoning for a 16 acre portion of Blood's Hammock Groves for School Site "S" and a proposed six acre City park. B. ORDINANCE NO. 7-94: An ordinance annexing to the City a parcel of land located on the west side of North Federal Highway ~ approximately 240 feet north of N.E. 14th Street; affixing an ð official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. C. ORDINANCE NO. 8-94: An ordinance annexing to the City a parcel of land located at 2300 North Federal Highway; affixing an ~~ official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. D. ORDINANCE NO. 9-94: An ordinance annexing to the City a parcel of land located at 2300 North Old Dixie Highway; affixing an ^~~O official land use designation of GC (General Commercial); and HI'> establishing initial zoning of GC (General Commercial) District. E. ORDINANCE NO. 10-94: An ordinance annexing to the City a parcel of land located at 2512 North Federal Highway; affixing . 0(/ an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. F. ORDINANCE NO. 11-94: An ordinance annexing to the City a ~~~parcel of land located at 2612 North Federal Highway; affixing \,,\,,~ an official land use designation of GC (General Commercial); and establishing initial zoning of AC (Automotive Commercial) District. G. ORDINANCE NO. 12-94: An ordinance annexing to the City a 'parcel of land located at 2613 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commerc ial) District. H. ---1>RDINANCE NO. 13-94: An ordinance annexing to the City a parcel of land located at 2605 North Federal Highway; affixing 6P an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) ~ District. ~. ANNEXATION AGREEMENT/O'BRIEN. SUITER & O'BRIEN. INC.: Consider ~j approving an Annexation and Development Agreement with O'Brien, QY Suiter & O'Brien, Inc. for property located at 2601 No. Federal 2hWay. ORDINANCE NO. 14-94: An ordinance annexing to the City a ~parcel of land located at 2601 North Federal Highway; affixing an official land use designation of GC (General Commercial) i - 6 - . '. . City Commission Regular Meeting 03/22/94 and establishing initial zoning of GC (General Commercial) District. ~! ORDINANCE NO. 15-94: An ordinance annexing to the City a ~. parcel of land located at 2401 North Federal Highway; affixing óV an official land use designation of GC (General Commercial) i and establishing initial zoning of GC (General Commercial) District. K. ORDINANCE NO. 16-94: An ordinance annexing to the City a ~Ñ~Q parcel of land located at 2399 North Federal Highway; affixing W\· an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. L. ORDINANCE NO. 17- 94: An ordinance annexing to the City a parcel of land located at 2213 North Federal Highway; affixing / an official land use designation of GC (General Commercial); O~ and establishing initial zoning of GC (General Commercial) District. M. ORDINANCE NO. 18-94: An ordinance annexing to the City a ^~~O parcel of land located at 2101 North Federal Highway; affixing HI" an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: 13. Comments and Inquiries on Non-Agenda Items. A. Commission B. City Attorney C. City Manager - 7 - '. . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 22. 1994 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM 9. Regular Agenda N. PURCHASE AND CONSTRUCTION AGREEMENT/SW 10TH AVENUE RIGHT-OF-WAY: Approve a Purchase and Construction Agreement with David and Felice Ledbetter for S.W. 10th Avenue right-of-way, in the amount of $51,093.76. \ . . . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 22, 1994 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE: 9.0. APPROVAL/ALLOCATION OF FUNDING FOR PATROL OVERTIME FOR WEST ATLANTIC AVENUE WALKING BEAT: Consider approving the allocation of $150,000.00 to Patrol overtime to fund a walking beat on West Atlantic Avenue. . . [ITY DF DELAAY BERtH DHR~ Y 8tACH .k*~1Ì ... AlI·America City "II'! PROCLAJ/A riO. :,jqi WHEREAS, six million Jews were systematically murdered by Nazi Germany and their collaborators from 1933 to 1945, as well as hundreds of thousands of Sinti and Roma (Gypsies) and the handicapped¡ millions of Poles, religious and political dissidents, and those deemed by the Nazis to be "unworthy of life" were swept into this abyss¡ and, WHEREAS, all citizens of the United States should remember the: atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain vigilant against tyranny¡ and, WHEREAS, Friday, April 8, 1994, has been designated, pursuant to an Act of Congress, as a Day of Remembrance of the Victims of the Holocaust, known internationally as Yom Hashoah¡ and, . WHEREAS, it is appropriate for the citizens of Delray Beach, Florida, to join in this commemoration with the United States Holocaust Memorial Museum, this nation's center for learning and remembrance of the Holocaust. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of Sunday, April 3, 1994 through Sunday, April 10, 1994, as DAYS OF REMEMBRANCB OF THB VICTIMS OF THB HOLOCAUST in memory of those victims and in the hope that we will strive, as a nation and individually, to overcome prejudice and inhumanity through education, vigilance and tolerance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 22nd day of March, 1994. MAY 0 R THOMAS E. LYNCH SEAL &Pr - . . CITY DF DELRAY BEA[H OElRA Y BEACH ~*~1Ì ..- AI~America City "II'! PROCLAJIA rIO.'·' I !jl; WHEREAS, one of our greatest resources is our children; and, WHEREAS, one of the world/s most benevolent guardians of those resources is the Shrine Hospitals for Crippled Children and Burns Institute; and, WHEREAS, twenty two Shrine Hospitals throughout the United States, Canada and Mexico are dedicated to the great task of curing or helping afflicted children without regard to race or religion; and, WHEREAS, Shriners throughout North America have raised millions of dollars to support the Shriners Hospitals and Burns Institutes to insure a brighter future for these and future generations. . NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that April 1 through April 11, 1994, shall be known as ·SHRINE HOSPITAL DAYS· in recognition of the outstanding and unselfish work of the Shriners of North America and urge all our citizens to join me in recognizing this great service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 22nd day of March, 1994. MAY 0 R THOMAS E. LYNCH SEAL G B .,.. ~ . . . ., . . [ITY DF DELRAY BEA[H OELRA Y BEACH ~*.:.. . -- AII.AmericI City "111' PROCL-UIA rIo'.,' 1i)'I; WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; and, WHEREAS, the City of Delray Beach became an entitlement City, receiving its own block grant funds since October 1, 1985, providing the much needed assistance in revitalizing our neighborhoods and assisting the low and moderate income citizens of our City; and, WHEREAS, COMMUNITY DEVELOPMENT BLOCK GRANT funds are used by thousands of neighborhood-based nonprofit organizations throughout the Nation to address pressing neighborhood and human service needs; and, WHEREAS, the last several years the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; and, WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive rise in homelessness, and the resurfacing of hunger and malnutritinn; and, alYl~rf..';'s WHEREAS, the Congress of the Natio act h soften IY1/SS"êD overlooked the critical value of the COMMUNI ELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; and, WHEREAS, the Congress of the United States has declared March 28, 1994 through April 1, 1994, NATIONAL COMMUNITY DEVELOPMENT WEEK and have called upon the President and all people of the United States to observe the week with appropriate ceremonies and activities. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim March 28, 1994 through Apr il 1, 1994, as HATIOHAL COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our city to participated in ceremonies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 22nd day of March, 1994. MAY 0 R THOMAS E. LYNCH SEAL (0 t. ~ - . . . . . - . [ITY DF DELAAY BEA[H DElRA ¥ REACH ~kâ~" H. AII·America City '~III.' PROCLA.HA. Tit!' .",,; WHEREAS, the City of Delray Beach is pleased to observe NATIONAL BUILDING SAFETY WEEK as scheduled for the week of April 11, 1994 through April 17, 1994; and, WHEREAS, the purpose of the observance of the week is to highlight the services provided by Building Departments in ensuring the public's safety in the built environment¡ and, WHEREAS, NATIONAL BUILDING SAFETY WEEK promotes safety in building practices by calling attention to sound building procedures used by contractors working in the City of Delray Beach. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of April 11, 1994 through April 17, 1994 as -BUILDING SAFETY WEEK- in the City of Delray Beach, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Ci ty of Delray Beach, Florida, to be affixed this 22nd day of March, 1994. MAY 0 R THOMAS E. LYNCH SEAL (o}) ~ ,.. , , . . I RESOLUTION NO. 28-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING KATHERINE A. BELL FOR OVER TEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, Katherine A. (Katie) Bell was hired by the City of Delray Beach, Florida, on November 21, 1983; and, WHEREAS, Katie has been a faithful and dedicated employee with the City of Delray Beach for over ten years¡ and, WHEREAS, Katie has consistently performed any and all duties required of her in an exceptionally mature professional manner, exhibiting initiative, competence and loyalty¡ and, WHEREAS, her cheerful, helpful attitude has had a positive impact on the image of the City of Delray Beach; and, WHEREAS, the services and knowledge provided by this dedicated employee will be missed. NOW, THEREFORE, BE IT RESOLVED 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, Florida, hereby expresses its sincere thanks and appreciation to Katherine A. Bell for over ten years of dedicated, faithful, public service with the City of Delray Beach, and further wishes her the best of health and happiness in her new endeavor. PASSED AND ADOPTED in regular session on this 22 day of March, 1994. MAYOR ATTEST: City Clerk 113 , - , PALM BEACH COUNTY SHERIFF'S OFFICE SUBSTANCE ABUSE AWARENESS PROGRAM WEEKEND CIVIL DRUG COURT BACKGROUND Prior to the implementation of the Civil Drug Court, the earliest opportunity for an indigent individual in Palm Beach County to receive drug treatment arose following entrance into the criminal justice system, via arrest. Treatment programs for indigent persons, not facing criminal charges but who were suffering from a drug addiction, were difficult to locate. Although lack of resources has contributed to the inability of an indigent person to obtain substance abuse treatment, it is also believed that persons in need of drug treatment are generally reluctant to admit to their addiction and therefore, will not independently locate programs available to assist in recovery. Additionally, persons close to an addicted individual often experience similar difficulties in obtaining the appropriate treatment for the addicted person. In response, Chapter 397 of the Florida Statutes established an avenue whereby specific persons, including family members and I close friends, may petition a court of law and request that an addicted individual be ordered into a substance abuse treatment program. Although the statutes have provided this access to the court system for a number of years, there has been great resistance on the part of the general public to take advantage of the civil petitioning process. It is believed that many persons interested in petitioning the court may be intimidated by the traditional court setting, and therefore would not take advantage of the opportunity. It is further believed that the regular working hours of the court may not be conducive to family members or friends who are often required to work the same hours and therefore are unable to take advantage of the civil process. To accommodate these persons, Circuit Judge Edward Rodgers instituted a Saturday Civil Drug Court in Riviera Beach, Florida. The Court, which is located at the Riviera Beach community center is held on Saturday mornings from 10:00 A.M. to approximately 12:30 P.M. The purpose of the community based weekend Civil Drug Court is to reach those people who are most in need of the court ordered services, but who traditionally have been unable to obtain the substance abuse treatment needed to begin recovery. Based upon the success of the Riviera Beach Civil Drug Court, other municipalities within Palm Beach County have established similar weekend Civil Drug Courts in order to reach persons within the community who are in need of substance abuse treatment. It is the goal of the Sheri.ffs Substance Abuse Awareness Program to facilitate the implementation of additional community based civil drug courts throughout Palm Beach County, and to assist in funding the treatment services required for individuals court ordered into these programs via weekend Civil Drug Court. '. . . ~ PROGRAM PROCESS The process for entering the community based weekend Civil Drug Court is guided by Florida Statutes. Pursuant to Chapter 397, a person, including the a fanùly member, spouse or three close friends of an individual who is believed to be drug addicted may file a petition for involuntary assessment and treatment with the court. The addicted individual will be served with a summons to appear in the weekend court for a hearing to detennine whether there is reason to believe that substance abuse treatment would be appropriate. A hearing on the petition for involuntary assessment and treatment includes testimony from the person or persons filing the petition, as well as from the individual alleged to be in need of treatment. Should the Judge find reason to believe the individual suffers from a drug addiction, the person is immediately examined by a volunteer physician, and is then questioned by a SAAP treatment assessor. The reason for the onsight examinations is twofold. First, the physical examination detennines immediately whether the addicted individual is physically capable of entering and completing any drug treatment program, and whether medical detoxification is warranted. Second, the SAAP treatment assessor conducts the assessment immediately following the hearing to detennine what level of drug treatment is appropriate for the individual. At the completion of these examinations the Judge may issue hislher order directing the individual into the drug treatment program deemed appropriate by the treatment assessor. As a result, there is no delay between the time an individual is detennined to be drug addicted and the time he/she is court ordered into treatment. Based upon the court order, the addicted individual is bound by law to enter and complete the drug treatment program. Failure to comply with this order could result in the individual being held in contempt of court and sentenced to jail for up to six (6) months. This contempt of court charge acts as an incentive to continue and complete the drug treatment program and to continue the recovery process. '. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERÍ/- ( SUBJECT: AGENDA ITEM # FA - MEETING OF MARCH 22, 1994 RESOLUTION NO. 29-94/AUTHORIZING PURCHASE OF PROPERTY FOR THE CONSTRUCTION OF S.W. 10TH AVENUE DATE: MARCH 18, 1994 Resolution No. 29-94 authorizes the purchase by the City of certain property located in the vicinity of Wallace Drive and s.w. 10th Street for the purpose of constructing Southwest 10th Avenue. The purchase price is $122,400.00. It also incorporates and accepts the contract stating the terms and conditions for the sale and purchase between the United States Department of Justice (as Seller) and the City of Delray Beach (as Buyer). Funding will be from General Construction Fund - S.W. 10th Avenue (Account No. 334-3162-541-61.89) . Recommend approval of Resolution No. 29-94. ~ðYì ~ ref:agmemo20 '. · _.,-~,~.., -_._-~._._,-_._.__.__.._" ¡ , I RESOLUTION NO. 29-94 I , , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY i I I BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM , SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, i FLORIDA, WHICH PROPERTY IS LOCATED EAST OF WALLACE DRIVE, , SOUTH OF S.W. 10TH STREET, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located in the vicinity of Wallace Drive and S.W. 10th Street for the purpose of constructing Southwest 10th Avenue; and WHEREAS, the Sellers hereinafter named desire to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED 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, Florida, as Buyer, hereby agrees to purchase from the United States Department of Justice, as Sellers, land for public purposes for the purchase price of One Hundred Twenty-Two Thousand Four Hundred Dollars ($122,400.00) and other good and valuable considerations; said parcel being more particularly described as follows: Parcel A: Lot 14, less the East 215 feet thereof, of Esquire Subdivision, 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 23, Page 43; Parcel B: I Lot 15, less the East 215 feet thereof, of Esquire Subdivision, 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 23, Page 43; I - ~I ! ¡ ! Parcel C: ¡ The South 31.25 feet of the East 200 feet of Lot 14 and ! the North 31. 25 feet of the East 200 feet of Lot 15, Esquire Subdivision, as recorded in Plat Book 23, Page I 43, of the Public Records of Palm Beach County, Florida; Parcel D: The South 60 feet of the East 200 feet of Lot 15, Esquire Subdivision, 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 23, Page 43; and, Parcel E: The North 60 feet of the East 200 feet of Lot 14, Esquire Subdivision, 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 23, Page 43. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the Contract for Sale and Purchase of Real Property, and addenda thereto, ¡ between the City of Delray Beach, Florida, and the Sellers as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 22nd day of March, 1994. ~,~ ATTEST: ()LMn'l?þr)Ù ~ !I~ C~ty erk - 2 - Res. No. 29-94 . . ____0 . IÞLAT ~ f SQUIRE SUBDIVISION A QEPLAT 01' TN! EAaT ~ 0' THI! weST 'It. Of' 1.1 AND TN_ WeST I', Of' TH£ U5T Y& 0' ~OT 29 , O~ FIL.EO IN PUIoT 800" I. ~G[ ", PALM eE:AC.H co, Ii IN 5W" 5fcTION 20. T.4~ 5., R.43 PALM BfACH CoUNTY. F"LA. I 17r;/'Mf~ + M7AY '..... I I ~: = 5 " ~ i 9 ~ '0 . i , r lU:.. ~ _ ------L--f'L .. \% s.I:Jf. u__ .----- ~..&... -~-_. .5 ,~ ~ 1~4L : , .. - - ~U.&.I... ~ 1 ,~ - - ~-- - - --- - .. w. """ s . 5TATE OF FLOI1'DA ~ 3TAT~ COUNT., Of' PM"" MACII COUN' II(NO", ,UL IItIN.., ""'81 ,.,.,'" r., ,,,.~ .IAItI C, "I1U7''''''' __ "'$ ...,~ (jIN'''''''''' . , N. LEOðETTER,'''. own.'. "I"IM 'roet 0' ItJltfd '1'''9 tJIIId 1Ie,-", "' Polm 1J.".,h c_n'ly.,./o,.¡tltJI, ....... , Mt,,,.,,, ,..,..." .. ESO"'IlE $".11'111./0/11'" _. ,..'-';cOll."1 tlc.,ille. tJI. ItII/o",., foe ..i': Ib" . rIN Eo.; lit .1 11M We'; ".....,.. lIIuJ "., ttM E..'...., 'IÍ#' 19."."." 10, 'law"c/",. 4. ~J" ~IN'" /fa".. ~ r..J. ,.'m ø..c1l C-"?"'_;.. ....,.'it:1 . -,. .....''It $....¡,.,~¡." III' Po,.tio". 'af ' ... T"",,,..h,¡u #I __ ~ 3a..HI,~. ~ e..ct. ,¡I.. ¡If ~; ø..¡ ... ~ .6. "'~ic 6c...... .1 ~ .,.,.. c.-'J. "_i_ - ''''',, t__,.¡... 11'4. 1>1.' ..... '. ...,. . "".'ic ¡r.cOl'lll. J ,IM.., 1401. ....h c..,,.~ ,.,_,..,.. ANI ".". c..,__ __ _ 1M -,....J'.. ,."" ¡N"'f~ _.. .".",., ".,..,.....nd .. ".,../ t_.." "-'Ie." ,. tile ".,.,.,.,.1 "_ ., rN ,....".. .. ,....". h'fIt-,. fftc¡ .,.'r... '."".. .--... --". 1/-,...,. .".J .,.,,..... .. "".It ".,..,,~ ,....,.."¡,,,; ,..,.~.,~ v""- o......J",., ,..,,. 11.1'., .".¡ " ...'9".. ..,c~.....,. ., ..,., ",,,,......,.¡... .",. ,..r.,.,." ., "..N,". .,.".".., ~.......,. ~. he,..." __ .,.." .. ..."..... ., tIN I>1I.1t'~ .,. dl__""II_ ., I."" .fI,~It,,, IN ""T/IIIlS. WIM...., ''''y - ".,.."",- -:H...-?f::~ ".~ 14 HI ....-,., ", ---,. __Me -,'" ,¡."-,.,, A,a "SO ~~'_. I) ..,II..", w,'hc.., ~ ., --- J "",. - Wi~__.. V L:- ~ ~ L -' - .4 ~ .J~ ~_I) .. ,..,,.. . . "'7 - .--r--- - , --- .. ~l '. I -- .' , \/ c> . \ -J) I;' ./ L . [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 20ü NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~t_r·. C~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: March 18, 1994 To: City Commission Assistant City Attorn~ From: David N. Tolces, Subject: Acceptance of Right-of-Way Deed / S.W. 10th Avenue From Cheryl A. Carley and Construction Aqreement Acceptance of the Warranty Deed from Cheryl a. Carley is recommended for a portion of the proposed right-of-way for S.W. 10th Avenue. The purchase price is $4,000.00. Approval is also recommended for the purchase and construction agreement. The City will replace Ms. Carley's fence following construction of the road. Please call if you have any questions. DNT: sh Attachments cc: David Harden, City Manager Sharon Morgan, City Clerk's Office carley-l. dnt CC:ß I I .. . . This instrument was prepared by and return tOI David N. Tolce., ..q. 200 N.W. 1.t Avenue Delray Beach, Florida 33444 WARRANTY DEED THIS INDEN'l'URE , made this L day of ~ , 1994, between CHERYL A. CARLEY, a single female, grantor·, whose post office address 1200 Northfield Road Watertown, Connecticut 06975 and the CITY OF DELRAY BEACH, a Florida municipal corporation of the County of Palm Beach, State of Florida whose post office address is 200 N.W. 1st Avenue, Delray Beach, Florida 33444, grantee.. WITNESSETH that said grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereot is hereby acknowledged, have granted; bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, ·situate, lying and being in Palm Beach county, Florida, to-wit: See attached Exhibit'¡"A" SUBJECT TO: Easements, reservations, and restrictions of record, taxes for 1993 and subsequent years, all zoning ordinances and regulations imposed by govern- mental authorities, and· any matters which would be revealed by an accurate survey and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, ·"OrBtor and "9raatee" _ 1IHd far 8iDpW ar p1Iza1, .. ~ ~. IN WITNESS. WHEREOF, grantor has hereunto set grantor' s hand and seal the day and year fir~t above written. w~ ~ CHERYL A. CARLEY By: Cit7¿é-?a-y '. fØ,Ø'//1; ï~if \} 1?ŒJJ/1::.T (print or Type Name) STATE or COUNTY or .. ~'~...:-"i The foregoing instrument was acknowledged before me this ~ day of ~~~~ , 1994 by ~ """'\\ ~c:.-..-\.....~ . She is personally known to .. or has prodU~ ~.<.." as identificatio~ . ""'-- Q ~ r.. Sign e of Notary Pub c- State of c....~~"'-'-'""'\:"......"'-\- ~E.~\:)~ ~ " ~ s.s Print, Type or stamp Name of Notary Public (srJm71'OR'l FOlIC - IlCnœ ....02, r...) - MV ~ bõhl M8tc1i:n. '00", . 0 -.__....... ... . I EXHIBIT 'rAït ....¡ THAT PORTION OF LAND LYING NORTH OF 'l'BB FOLLOWING DBSCRIBBD PROPERTY: (PBR OFFICIAL RECORDS BOOK 5176 AT PAGB 0896) . . THE SOUTH 79.82 PEET OF THE NORTH 247.82 PEET OF THE BAST HALF (E1/2) OF THE WEST HALF (W1/2) OF LOT 30, EAST OP GERMANTOWN ROAD, IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 4. AND LYING SOU'rB OF '.rBB FOLLOWING DESCRIBBD PROPBRn: (PER OFFICIAL RECORDS BOOK 5415 AT PAGE 0445) BEGINNING AT THE NORTBBAST CORNBR OF THB BAS'.r 1/2 OF THE SOU'lH WEST QUARTER OF THB NORTH BAST QUARTER OP THB SOU'lH WEST QUARTER OF SBC'l'ION 20, TOWNSHIP 46 SOU'lH, RANGE 43 BAST, RUBBING THBNCB WBST ALONG THE NORTH BOUNDARY OF SAID TRACT TO THB INTERSECTION OP THB GERMANTOWN ROAD, RUNNING THENCE SOU'lHERLY ALONG THE GERMANTOWN ROAD A DISTANCE OF 100 PEET, THENCE EAST PARALLEL TO THE NORTH BOUNDARY OF SAID TRACT TO THE EAST BOUNDARY OF SAID TRACT, THENCE NORTH ALONG THB BAST BOUNDARY LINB TO THE POINT OF BEGINNING. WllICH LIRS WI'.rHIN 30.00 FBB'r WEST OF 'l'BB FOLLOWIHG DESCRIBED LIHB: BEGIN AT THE NORTHWBST CORNER OF "LINTON FOREST PLAT 1", ACCORDING TO THE PLAT THEREOP RECORDED IN PLAT BOOK 44, AT PAGES 177 AND 178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID POINT OF BEGINNING BEING A PERMANENT REFERENCE MONUMENT 11601, THENCE ON AN ASSUMED BEARING OF NOo023'12"E ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID PLAT "LINTON FOREST PLAT I", BEING COINCIDENT WITH THE BAST LINE OF THE WEST ONE-HALF OF LOT 30 AND THE BAST LINE OF THE WEST ONE-HALF OF LOT 29 OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO TBB PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE OF 1331.48 PEET TO THE POINT OF TERMINATION OF SAID DESCRIBED LINE, SAID POINT BEING ON THE NORTH LINE OF SAID LOT 29, SAID POINT ALSO BBING COINCIDBNT WITH THE CENTERLINE OF S.W. 10TH STREET AS SHOWN ON THE PLAT OF "BSQUIRE SUBDIVISION", ACCORDING TO THE PLAT THEREOF RECORDBD IN PLAT BOOK 23, AT PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, PLORIDA, SAID POINT LIES 125.00 FBBT EAST OF AS MEASURED ALONG THE SAID CENTERLINB OF S.W. 10TH STREET TO THE INTERSECTION OF S.W. 10TH AVENUE AS SHOWN ON THE PLAT OF "DELRAY BEACH HEIGHTS" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, AT PAGB 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE WITHIN THB CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 0.0533 ACRE, OR 2,323 SQUARE FEET MORE OR LESS. 0 · AGREEMENT - THIS AGREEMENT made and entered into this day of - , 1994, by and between Cheryl A. Carley , ("OWNER") and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ("CITY"). WIT N E SSE T H: WHEREAS, the OWNER is the record owner of property located a t Old Germantown Road , Delray Beach, Florida; and WHEREAS, the CITY desires to purchase a portion of OWNER'S property for "the construction of S.W. 10th Avenue; and NOW, THEREFORE, the parties hereto agree as follows: 1. The parties agree that the OWNER shall sell and the CITY shall buy the following described property upon the terms and conditions hereinafter set forth: See Exhibit "A" attached hereto. 2. The CITY agrees to pay to the OWNER the amount of $ 4,000.00 (Four Thousand Dollars) for the purchase of the above-described property. 3. Furthermore, the OWNER grants to the CITY the right to enter upon their land for a distance of ten feet (10' ) from the right-of-way line established for S.W. 10th Avenue in order to ensure proper construction of S. W. 10th Avenue and associated utilities. It is understood and agreed by the parties that the right granted herein shall cease upon , completion of the contract upon which such construction is performed. - 4. The deed and possession of the property described in Exhibit "A" shall be delivered on or before seven days from acceptance by the City unless otherwise agreed by both parties. Time is of the essence; however, this contract may be extended by agreement, in writing, by both CITY and OWNER. 5. This contract shall extend to and be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto. 6. Following construction of Southwest 10th Avenue, the CITY agrees to restore the . following described personal property to the condition which existed prior to construction of Southwest 10th Avenue: Restore or replace existing fencing 7. This agreement contains the entire agreement between the parties, no other representations or warranties were made by either party which are not represented in this agreement. IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first above written. ~ OWNER: By: ' kØ;4/ /;~j . k¡f0- J?~AJ/~~ Cheryl . Carley (Type or Print Name) (Type or Print Name) 2 , . . STATE OF COUNTY OF The forego_ing instrument was aCknoWled~ed before me this ~,,~ day of ~~" ~ , 1994, by ~ )...-4.<'\ ~~A..".,\ . ~/She is personally known to me/or has produced ~~~~~\~ as identification. ~.~~~ Signature of Notary Public - State of ~E.. ~\.) (;; -,- K \..) S I:) Print, Type or Stamp Name of Notary Public ___ .~v Commlssio.. Exølres Mllrdi 31, 1995 BUYER: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: . City Attorney raw .agt 3 , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER EJ-f-"1 SUBJECT: AGENDA ITEM # 8e - MEETING OF MARCH 22. 1994 RESOLUTION NO. 26-94/ABANDONMENT OF PUBLIC RIGHT-OF- WAY/ONNEN SUBDIVISION DATE: MARCH 18, 1994 This is a resolution to abandon a 16 foot alley right-of-way within Block 84, Onnen subdivision, located east of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street. The south 144 feet of the alley was previously abandoned¡ however, the remaining 302 feet of the alley has continued to exist as right-of-way. The Planning and Zoning Department received a request to abandon the remaining 302 feet in conjunction with the replat of the block. The replat of Block 84 incorporates the alley right-of-way with the existing lots within the block, to create a total of three lots. Recommend approval of the abandonment of public right-of-way subject to the following conditions: 1. That replacement easements be prov ided with the replat of Block 84 for all utilities, and; 2 . That this abandonment shall not become effective and shall not be recorded until the replat for Block 84 is recorded. .. . . K., . . r C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER .,.- ~ . '~~,. ,l.f;:i I.. ~'> - / ,"_,_ . _.".. , 0- ~ }_ , THRU: DIANÉ DOMINGUEZ, , I , I DIRECTOR, ~LANNING ÀNIÝ ZONING DEPARTMENT FROM: SUBJECT: MEETING OF MARCH 22, 1994 ABANDONMENT OF PUBLIC RIGHT-OF-WAY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of the 16' alley right-of-way within Block 84, Town of Delray. The subject alley is located east of NE 2nd Avenue, between Atlantic Avenue and NE 1st Street. This alley abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. B A C K G R 0 U N D: On April 13, 1982 the City Commission, through Resolution 36-82, approved the abandonment of the south 144 ft. of the north/south alley within Block 84, Town of Delray. The Block contains the Meisner Electric building and structures which were part of the former Ocean City Lumber business. While the record regarding that abandonment is not comprehensive, it appears that it was processed in order to accommodate a structure that now exists over the abandoned area. The south 144 ft. of the alley was abandoned, however, the remaining 302 ft. of the alley has continued to exist as right-of-way. In October, 1993, the Planning and Zoning Department received a request to abandon the remaining 302 ft. of alley right-of-way within Block 84 in conjunction with the replat of the block. The replat of Block 84 incorporates the alley right-of-way with the existing lots within the block to create a total of three lots. On December 20, 1993 the Planning and Zoning Board approved the preliminary plat for the Onnen Subdivision. The Site Plan Review and Appearance Board approved the site plan modification for the site on January 26, 1994. The final plat for the Onnen Subdivision will be reviewed by the Planning and Zoning Board on Monday March 21st. '. · city Commission Documentation Alley Abandonment - Block 84, Town of Delray Page 2 As the alley is not currently used for any vehicular travel, the incorporation of the alley into the proposed development will not cause any adverse effects on the surrounding area. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of December 20, 1993. The Board recommended approval subject to the following conditions: 1. That replacement easements be provided with the replat of Block 84 for all utilities, and; 2. That this abandonment shall not become effective and shall not be recorded until the replat for Block 84 is recorded. R E COM MEN D E D ACT ION: By motion, approve the abandonment of the 16' alley within Block 84, Town of Delray through the enactment of Resolution -94, subject to the conditions as set forth by the Planning and Zoning Board. Attachment: * Location Map & Reduced Survey T:BLK84CC.DOC Ii II I I II I f If IT II , I .. I , :: ~~§ rT 1TH l II I f If I r " I I II I I II I I N.E. 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RESOLUTION NO. 26-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PART OF THE ALLEY RIGHT-OF-WAY IN BLOCK 84, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Timothy and Janet Onnen are the fee-simple owners of Lot 1, Lot 2 (Less the north 1.6 feet of said Lot 2), Lots 3, 4, 5, 6 and 7 and the south 144 feet of the 16 foot abandoned alley lying east of and adjacent to the south 69.3 feet of Lot 6, Block 84, according to the plat of the Town of Linton, according to the plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, and, WHEREAS, Michael S. Weiner, Agent, has made application for the abandonment of a portion of the 16 foot alley located within Block 84 of the Plat of the Town of Linton, and, WHEREAS, the City Commission of the City of Delray Beach, Florida finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: Alley Right-of-way To Be Abandoned: Commence at the northwest corner of Lot 1, Block 84; Thence SOoOO'OO"E, along the west line of said Lot 1, 1.80 feet to the point of beginning; Thence continue SOoOOoOO"E, along said west line, 302.40 feet to a line 144.00 feet north of and parallel with the south line of said Lot 1; Thence N89007'12"W, along said parallel line, 16.00 feet to the east line of Lots 2 through 6, inclusive, Block 84; Thence NOoOO'OO"E, along said east line, 302.40 feet to a line 1.80 feet south of and parallel with the north line of said Lot 2, Block 84; Thence S89007'12"E, along said parallel line, 16.00 feet to the said point of beginning. '. Section 2.b. That this resolution shall not become effective and shall not be recorded until the plat for the Groves is recorded. PASSED AND ADOPTED in regular session on this the 22nd day of March, 1994. MAYOR ATTEST: , Ii I I il CITY CLERK - 2 - Res. No. 26-94 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7-'l SUBJECT: AGENDA ITEM # ~D - MEETING OF MARCH 22. 1994 FINAL PLAT/ONNEN SUBDIVISION DATE: MARCH 18, 1994 This is before the Commission to approve final plat for the Onnen subdivision, Block 84, located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street, pursuant to Florida Statutes Chapter 177 and LDR Section 2.4.5(J), Major Subdivisions. The final plat for the Onnen Subdivision proposes to replat seven existing lots of record and an existing alley into three lots. The new lots will accommodate office and industrial buildings to be known as Ocean City. Some minor technical changes are required for the final plat, such as notes to be added and revisions to the final engineering plans. Recommend approval of the final plat for the Onnen subdivision subject to the condition that prior to submitting the plat for City signatures, a revised plat and engineering plan be provided which address all outstanding technical items. '. - J - '\ C I T Y COM MIS S ION DOC U MEN TAT ION TO: PAVID T. HARDEN, CITY MANAGER 'L I ì'~ .~ '.~ " { f !' .; 1\ ¡' II " . I ,-' , . ...,~ .j. M' "I"'~~ THRU: tlIANE bOMIN EZ~' ! DIRECTOR, P~ING ~ D tONING DEPARTMENT FROM: ~~E. ·T~~ . PLANNER SUBJECT: MEETING OF MARCH 22, 1994 ONNEN SUBDIVISION FINAL PLAT APPROVAL **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for the Onnen Subdivision. The project is located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street. This final plat is being processed pursuant to Florida Statutes Chapter 177 and LDR Section 2.4.5(J), Major Subdivisions. B A C K G R 0 U N D: On December 20, 1993 the Planning and Zoning Board approved the preliminary plat for the Onnen Subdivision. The Board also recommended approval of the abandonment of the 16' alley that lies within the subject site. On January 26, 1994 the Site Plan Review and Appearance Board approved the site plan modification for the expansion of Ocean City, located within the Onnen Subdivision. The final plat for the Onnen Subdivision proposes to replat seven (7) existing lots of record and an existing alley into three (3) lots. The new lots will accommodate office and industrial buildings to be known as Ocean City. The final plat for the Onnen Subdivision has been properly prepared and review. The plat is now ready for City Commission action. .. · City Commission Documentation Onnen Subdivision Final Plat Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The preliminary plat was approved by the Board in December of last year. The final plat is essentially the same as the preliminary, with the final revisions made. The Board will formally review this item at its meeting of March 21, 1994. The Commission will be notified if any additional comments are forwarded from the Planning and Zoning Board. ASS E SSM E NT: The Onnen Subdivision is an adequate final plat, however, some minor technical changes are required. These include notes to be added to the plat and revisions to the final engineering plans. As long as these items are addressed prior to the plat's final sign-off, the plat can be approved at this time. R E COM MEN D E D ACT ION: By motion, approve the final plat for the Onnen Subdivision, subject to the following condition: * That prior to submitting the plat for City signatures, a revised plat and engineering plan be provided which address all outstanding technical items. Attachment: * Location Map & Reduced Plat T:ONNENCC.DOC - . . ~ ~ NE ¡.¿ .).RE£-{ ... Z5·c'f /~/. ¿J¿J' /;?8 /9~ 599"'<77'/2"[ ,,\ s 89"'<7?'/~"~- I I ì~ " I I~~ '-.:~ I I ~ ~ ~ I ,I ~ ~ "- !'.: '- ~ "- ~ . j ~ -'" I :..:~ ~, , . '( , "\~' ~ , - I . (. ; ~:::. ~ ,.~. 9:' c 1111 . t:7<7 ., I"v ~ ~. .'- \) " ß7 IN)' ..... '" I ~ 1 '. ~ ~ ~ '"' , , "'-,. r \ ~ " ." " ~ " " ; I ~ " ~ " " " . ~ 'l ~ > \, ~ " .'- ~ ~ ".... ~ \. .(;~ .. Vi I, ~ ~ "< ill '.' ~ ~. '~(' , ~ , ..:: ,~ t\. - , I ~ , ~ ~ .:; I ~ ~ ~ I '<.<" ~ ~ t:.... ~. 4... ~ ~ . (}., ~ "- " ....:. I ~ ~. .:; .~~ ~ ~ "- ~ ~ ~ "- , ~ I ~ -- ~ -- '-J / \... j I , -< :~ ~ ~ I ... Iv .... I ~": ~ ~ I... :; I "" '::I '. ". ..... ~ " . ~, ~ , ~; I ~~ ~ ..... '. I .o~- ~ 5 ...... '" - "\:. I I ~' ~ ,<:, /tl-Z. tll' I "- q- " 19' , ~ 87.ðð' ~ ~ 89·¿J7'/2"~-' ,../ Fe· t:7t?' ð t:7 "~ ~ ~ " .... ~ v. '\ r 1¡; "" \ . It¡ 'J,~ "- ;:~I\ , " ~ ~ .~ ~ ~\~ "- \iI' ~ ~ '\:. ~ ~ " "- ~ ~. ~ "- '-.J .' ~ \ ..... .. '" ~ :'. " ...... '-..: ~~ '" " ."1 "- ~ .. ~ '{ ~ / 2'S' Z¿J5. ø 9' A/. 69·';"N";V: ------ i ~ -- Sco· I /tP' "'¿'~Cy A'/6H'/t?/I'1';(Ý ~ .- r--- - ---.----. "- , '. '" -. - .. I I \I I I II I I 1\ I I II I I II 11::t[~1 I I t---I I II I \I I I II I I II I I If1 II I I II I r---; l II - , ...........- _ _ M.E. JRD I ,.1 I~ r= .A ~ J-- ¡--__ ~ L.I ~ __ f-- C Ié _ ~::::=__ .--- ==- ~ -- ~ ==- ~---. ~ Frt=1 ~ :=~:::::= ~ n= [ltj ~~ ,= T:::::= N.E. _ 2ND ST. e ~ ~ IN I-- - '1 ~ - 0 ... -Z w -'~:J ::J '"' ~ , I ~ ~g iii Z 'Sir ~-~ ri CITY W 'SIr ~:J HALL : )¡flf ill - ~ß N.E. 1 TST ~ . - ~- ,... ~ ~ ~ ~ 0_- ~ Z ~~ Z - o . - to- ~~- - Z . - : ~~ I DID: oo:IIÞ II I ~ ~ ~ r ATLANTIC AVENUE : i~N~ OIIJ OJ] [[[]] mill n lIJ] [[I]J U COURT I -~r ,r HOUS£ I - 1 t --:- - ~ -r-- - I--- 71:. - __ 1----" ~ I--- -_ -- J~ I ~ I¡,I~ ~ I-- - I ~~- ~ ~ - ___III ~ ~ fCc --- ~ ~~-:: .- 5.E...- 1ST - - ST. ~ ~ ~ llillllil ITIIJJJ r- F I~ ~ c I~ r-- I-- _ I-- 0 . ; ~ (Ii r-- ~ iT rTlTTlI" ___ ~ f-- I---- u.. Ll..JLLU _ ~ l.- S 5.E. 2NO ST. I: II II = I. Tf II / , I II' "~nn' " - _ . ~ ONNEN ~ II I- SUBDIVISION -, II _ l'~1 ç. · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS , FROM: CI TY MANAGER bl-Jvi/ SUBJECT: AGENDA ITEM it rg £ - MEETING OF MARCH 22. 1994 FEE WAIVER/COMMUNITY REDEVELOPMENT AGENCY DATE: MARCH 18 I 1994 This is before the Commission to approve a waiver of fees in the amount of $567.96 from the Community Redevelopment Agency for the tree trimming project along South Swinton Avenue. This amount represents the salaries for man hours worked by City Parks Depart- ment employees. The Agency suggests that since the CRA is a public City agency, and since no "out-of-pocket" expenses were incurred, that a waiver is in order. They further note that the Agency will pay the expenses incurred by the City for additional tree pruning ($1,000) and for the repair of the Knowles Park dock ($1,404). Recommend approval of a waiver of fees from the Community Redevelopment Agency in the amount of $567.96. ~O/) ~ '. [ITY DF DELIAY BEA[H K LJ,=~:;;'v BEACH FLORIDA33444 407 '243· 7000 J ,'; .~: -I, 'j:: 'J '--, ::: . . '. ,~ ., ..... All-AlBlcaClty , ~ III! 1993 March 24, 1994 Mr. Christopher J. Brown Executive Director Community Redevelopment Agency 207 East Atlantic Avenue Delray Beach, FL 33444 Re: Fee Waiver/Tree Trimming on South Swinton Avenue Dear Chris: Please be advised that your request for the City to waive the $567.96 fee for the tree trimming costs on South Swinton Avenue was approved by the City Commission at the regular meeting held March 22, 1994. If you have any questions, please do not hesitate to contact me. Sincerely, Okn '1lJ2L/(bf»/ldy Alison MacGregor Harty City Clerk AMH/m cc: Joe Weldon, Director of Parks & Recreation ® :-. ".,; ·'·~c.·', ,,', "'-""," THE EFFORT ALWAYS MATTERS . ·CD Community 3/3/94 c: City Manager ~ Redevelopment -a Agency RAB:mld Delray Beach H [(~t:.f, \¿ t,L; ~.~~~ .s \994 . . ---\' ,--.,.....,:\;F·¡ì·1S~·fC1'-1 \.~\ \ '{ t~.\n~,~'d ,....'. '" March 1, 1994 Mayor Thomas Lynch City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Tom: I received the enclosed letter from Joe Weldon regarding tree trimming costs on South Swinton Avenue for the historic house move. I respectfully request that the City waive these fees in the amount of $567.96 since the CRA is a public City agency and since no "out-of-pocket"expenses were incurred. We will pay the expenses incurred by the City including additional tree forming ($1,000) and repairing the Knowles Park dock ($1,400). Thank ou for your consideration. liristopher . Brown Executive Director /d Enclosure ")f"\ï C ^........._...:_ ^.___.._ ""'~I.._ ,...." - I _I __.. A.. ,..~_. .....-.-. _.-..~..... - . ....-. --~ --.-..... . /. . ,. ,,; , / . M F M (] F\ A 1-1 n l.I M T C):: Joe l~E-)ldon, D :i, 1- c,)c tor' of Par'l<s ëlr1d f~ec: r' f)è1 t'i on Fr-~nMvÌ T 1.1\1 ~ì i I'II\HJ)"' ~:; ~ Acti n~ A~:>st. F' a 1" I< ~;, S l.l P E! r' :i 1'1 t C'! n d <7' 1'1 t DATE:: ~Jë) nua r' y 21>, :1.9'14 SUBJECT: TI"(""E! TI" :i.I\\I'\:i n!.1 (In !3w:i nton Avc>nu(:? I...i~>ted below ar'e the I'\.:.~n h D\.l1-S WC)\"!< eel by each 81'1p 01. oyee and lab ()1- cost f ()\- wOI"I< don(-? on l'lor'th !3w i l'1"ton.. C ], i:) r' (7) n c:: e FU J. ey :I. 2 H 0 u r' s (~ $ 9.. 5~5 -' $1.1.4..60 D(:;oan I\é:\p(':'r 1 2 H 0 u r' s (;~ <.1'>10.69 .... ~t.1. 2 B .. 2 B Vincent Clinton :I. 2 HCH.\ 1" Cj (~ ~1>1Ø"22 .- ~,l::>'2" 1.)4 .J~~I-l1rle Bur'ns 12 Hour's @ ~. 8.23 - ~~ <ïB.. 76 Walh:H' f:)c:hrlan~>k i 12 Hm.II-~' (~ $ B.b4 -. $103.bB TOTAL COST - ~;56 7.96 L:i.!:>tf.,)d below "l1-e the 1'\<1 n hOUI-S worked by each I?l'lp loYE)e ¡:\ nd 1 a b moo C(Js·t for wo\"k d (J 1'1 (o? (J n South Swinton.. Clal-ence Riley 12 Hc)l.\ r' <:, (~~> 9.55 .... $ 11. 4.. 60 Dean R..~per :1.2 Hou r'~::" (j~ ~',:lØ..69 -. ~¡;128.. 28 Vi nU.mt Cl i nton 12 Hm.\ \00 <" (~ $lØ.22 -' ~>122. 6./~ .J (~,.. Ol'\e Bu,., I1S :I. 2 \-\01.\ r' s (jJ. $ 8.23 -- ~~ <18. '76 Wa 1 tel- Sc:hl'1ansk i :1.2 Hou r' <" @ ~~ 8. 1.J4 -' $1Ø3..68 TOTAL COST := $56'7..96 /sb RECEIVED JAN 2 6 1994: M E M 0 RAN 0 U M To= Joe Weldon. Di\-l~ctO\- of I='a,-I<'..; ëJnd I:;:ecr·c-~at:i.()n t FHOM ~ Ti" S i 1''''1 a DO , Ac ti ,,'] A.s i st a "t Pal' b Sup ",- i ,,'to'''',d "", t '~~: DATE: JanLla,-y 12.,1<794 SUBJECT: Tree TriMMing On Swinton Avenue QuotAS I:.'.'.-.:.~' I.~o'- the tri!:'~"ing of ·two Fi~us t\-ees at 223 S.. Swinton (-'¡venue t I have rece1ved the follow1ng quotes: ~:)!~ ,.: T,-il'\'-I-I-Tidy $8ØØ. øø P(~'- tree f Snapp T~~e Service $500.00 per tree ~. J..V. & Sóns $7ØØ.ØØ per tree 1-". . r~ Tip Top Service $600.00 per tr~e ',- i.-< ;¿ .&- .;:~. ) l ( ð...l ~ Y q '" f\JVV ~ . [10 {if} if 4s ~'. fU-c- v ~ I LJ~ II I II T J I I T II _\ Il -H,..LU III LI t-,-~ ~J J1l21 I, ~ D U Q : tm II T I-r-u T T1 U ~ T I- lL ~ I r I " O( I I I I bl I I I ì( LINTON , 80ULrV".D J~ ~ .......i:i~~ ~ -~~ :I: ::« ~ðòO."'! ~ ~ ; (UMCL1 IWC'S :::......., " = (IOCA-:"WA) 1lUltSUY) S (=, ~.:::::::....« ~ __~, .. (UIITON OAKS) l) § .:.:.:.::;¿t ':.:.:. f'..... ~~ 1 13." ¡ i :.:<~ ":.:-: I " ,....., \~ ~ ,~<.. ~ ). ~ <... .,rT::.... L- ... ~ ....... .. ... ......... I--- L i ~ .............. ~ ~v'" '- ~~ ~ < t-- -~y~ (wAL-tWT) ~ I ~'. ~ I-- r- i-- r-- '- I ~ 0 ~~..~ '\ ._'- '- (PIWI J) t'~ &t , , (f:: ¡..-"--- · ~ .,. ~ f-- i('.' t--'- "- =n) ~ .... I-!';:::::: '- I ' í--I"\ V ' -~ _ :-- ¡...)i~- 1-.- __ -N- - \ 1-- ===- t-- ~( .- _ -~ 1'---_ f., I ~ - ~~ - \..'-- /T f"'& 1'''/ ~TÐI ). PAUlI BEACH COUNTY J ....._._.,....__.... II: (ILOOOS ~r ....._.___.... ~ ~~ ~Œ~Y8EACH r I I I 11Ì">... " ~ ~.--~--_..~~ - 1 , I J , I ~~ )- L--i ~- ~{ .À _ M" 1111 IIIII ~ _ ¡ - I-- ~ J~ ( - __ ..a - ..., elL! : ~"J ~ '--I-- _ - '-./- f[!1 J I I I r ~~ = = ~~ L1 II fN (:(~~ '- ---. J r .J. r';f j I ~ ANNEXA nON AND ~ ')""', 1Y-.J LAND USE AMENDMENT '-.,L./ TO A PORTION OF' BLOODS GROVE , , EFFECTIVE DATE. This Ordinance shall become effective the earlier of: (a) the last day on which the Florida Senate and House of Representatives both pass Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House Bill which precludes municipalities from annexing properties pursuant to Florida statutes Section 171.046 (1993); or (b) March 1, 1995. . OI2D. ::rt 7 - 9L( Do AGt:E£mEnT 1.)0 AmE:nDl::O EftFg/ùE- DRTE M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS PQßfle d2 5 - 0 FROM: CITY MANAGER0fß; SUBJECT: AGENDA ITEM # 10 13 - "0 JV'¡ - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the- appropriate ordinance. However, the agreements had not been fina~ized and were not ready for action at first reading. In order to not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** V.C. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agrnemo , ~ N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL ~ A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 I - ADaIUS HUU8£R N - I I soo FUr I , - SCALf - art 01 DlUtAY IUCH. F1.DM)A PUNftNQ DlPM'NIHT IMIICH - ... DaI , · ..-.",.__._-_._".,._"._-,~._~,_.-'._'.,~ . _ .,·..··_..·w.. I I I ORDINANCE NO. 7-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY 240 FEET NORTH OF N.E. 14TH STREET, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL þCALE 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, R.I. and Darleen M. Smith are the fee-simple owners of a parcel of land located on the west side of North Federal Highway approximately 240 feet north of N.E. 14th Street, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046(2)(a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046 (2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 CH-5 (Commercial High Intensity with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of CH-5 (Commercial High Intensity with a residential equivalent of 5 units/acre) for the property hereinafter described; and 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 I WHEREAS, the designation of a zoning classification is part of this proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. 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 I Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which I I I ¡¡ lies contiguous to said City to-wit: I 'I il Lots 1 and lA, DELRAY BEACH ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property being generally located on the west side of North Federal Highway, approximately 240 feet north of N.E. 14th Street; and containing a 0.528 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 7-94 , . . - .._..___ .. M_~' ____.._,.,_.,_._.__,~,.,~_._ -- Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to i 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. i .¡ Section 8. That all ordinances or parts of ordinances in 'I I conflict herewith be, and the same are hereby repealed. I :1 Section 9. That should any section or provision of this I I ordinance or any portion thereof, any paragraph, sentence or word be ¡ declared by a court of competent jurisdiction to be invalid, such I decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I Section 10. That this ordinance shall become effective as follows: As to the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs I or Administration Commission finding the amendment in compliance in I accordance with Section 163.3184, F.S. , whichever occurs earlier. No I development orders, development permits, or land uses dependent on this I 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 I adoption of a resolution affirming its effective status, a copy of which I resolution shall be sent to the Department of Community Affairs, Bureau I of Local Planning, 2740 Centerview Drive, Tallahassee, Florida í 32399-2100. i I PASSED AND ADOPTED in regular session on second and final j reading on this the 22nd day of March, 1994. ~E~ ATTEST: ... Mð/Y 0 R () I, ;""../fIJ!!;..J/,( if::: liD Ib; City C erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 7-94 , , - ... N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEl ~ A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 , - ADDRESS NUU8£R N I - I I SOO FEET I , - SCALf - em' (JI DÐ.NoY euac. FlONDA PUNtING DlPMTUEHT MMCH - 14 D.IM , , , ot:'-O . 11 6'- 9 i ~LÙ/0r~ M E M 0 RAN DUM ~~ 5' -0 TO: MAYOR AND CITY COMMISSIONERS Ú¡rd. ~ 5-0 r-¡t 1 FROM: CITY MANAGERt I SUBJECT: AGENDA ITEM # 10 6 -' (1 tV'¡ - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to "not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** V.C. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agrnemo , . . 1 1 j ORDINANCE NO. 8-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL RAY , BEACH, A PARCEL OF LAND LOCATED AT 2300 NORTH FEDERAL i HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, I WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN ! AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC i (GENERAL COMMERCIAL) DISTRICT; . PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, J. and Lucille Compagno are the fee-simple owners of a parcel of land located at 2300 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171. 046 (2) (a) , to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 CH-5 (Commercial High Intensity with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of CH-5 (Commercial High Intensity with a residential equivalent of 5 uni ts/ acre) for the property hereinafter described; and , · . __, ._··_n "______ . ,.,__ WHEREAS, the City's FLUM designations as initially contained I 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 I I I WHEREAS, the designation of a zoning classification is part of I this proceeding, and provisions of Land Development Regulations Chapter I Two have been followed in establishing the proposed zoning designation. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I 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: The Easterly 134.55 feet of Lot 5, DELRAY BEACH : ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property being located on the west side of , North Federal Highway, at 2300 North Federal Highway; and containing a 0.308 acre parcel of land, 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 Storrnwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 8-94 , . - --" .....--_. --- _. ~...__.._. --'. .- - .-- ..... ---, -.--'-----.-. --"---, ..--- - -~---_. -_.._..__..~._--~ -. -----.... . ..- ,-....- .-..- --~._. ,_. . - . '0 __. --, -- .--.-.. - -_. --. Section 6. That the City of Delray Beach elects to make this i 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 I classification in this ordinance and the tract of land hereinabove ,! ) described is hereby declared to be in Zoning District GC (General j il Commercial) as defined by existing ordinances of the City of Delray Beach. I I Section 8. That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. I 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 juris·diction 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 the annexation and zoning, the earlier of: (a) the last day on which the Florida Senate and House of Representatives both pass Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House Bill which precludes municipalities from annexing properties pursuant to Florida Statutes Section 171.046 (1993) , or (b) March 1, 1995; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994. ~¿:--~L.. I " M A Y¿>'R ATTEST: I f2 R-Ú>CiJ1'flþi' ,Jill fir /lodzr I City erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 8-94 I , ~ . . - N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEl -º!!QL A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 , - AODMSS NUWBER N J I ~ f"EET I , - SCALf - em' OfF DEUAY IÞCH. f\.OM)A JILANNNG ŒPMTUEHr MARCH - ... DAI , , . ~ =// 9- 9£1 ~w/a~ M E M 0 RAN DUM ~ dcd£- 5-0 TO: MAYOR AND CITY COMMISSIONERS ~.~~5-o f(t 1 FROM: CITY MANAGER t I SUBJECT: AGENDA ITEM #/06 - ..·0 tv"¡ - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the- appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** v.c. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting). Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo . . _.- - . -- -- . -~.. --, .-. .-,,-~.,. - ._-----' ..~ ~._-_._,-_.- --_._...-~.,.- .-. ...._.. -'---'--'-_¥_~-""'--'----'-~--'-~'---P_------"'- ORDINANCE NO. 9-94 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2300 NORTH OLD DIXIE HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING i 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, Don R. Altmix is the fee-simple owner of a parcel of land located at 2300 North Old Dixie Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 CH-5 (Commercial High Intensity with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of I CH-S (Commercial High Intensity with a residential equivalent of 5 units/acre) for the property hereinafter described; and j I I 1 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. 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 5, LESS the Easterly 134.55 feet thereof, DELRAY I BEACH ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. I The subject property being located on the east side of North Old Dixie Highway, at 2300 North Old Dixie Highway; and containing a 0.307 acre parcel of land, 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. I 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 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 9-94 , _._~- .. _ ...··~_,_._..4_ . Section 6. That the City of Delray Beach elects to make this I 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 , I Commercial) as defined by existing ordinances of the City of Delray i Beach. i ,I Section 8. That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any por~ion 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 the annexation and zoning, the earlier of: (a) the last day on which the Florida Senate and House of Representatives both pass i Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House Bill which precludes municipalities from annexing properties pursuant to Florida Statutes Section 171.046 (1993), or (b) March 1, 1995; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994~~~ ,. MAYðJ'R ATTEST: () /, ,=, Ý}J}.f'-k II rr I!rÛ'.6¡ I City C erk ¡ I First Reading March 8, 1994 I Second Reading March 22, 1994 - 3 - Ord. No. 9-94 , N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL ~ A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 , - ADDRESS HU.,SER N - I I 500 FEET I , - SCALf - CfIY OIF DELJtAV KACH. nDIIDo\ PI.ANNIC DlPMNENT MMCH - ... OAt , · ;)0 4q (f)+ . /0 - 9tj JJo (+rnf:nDf:.£) E f~ktJ~ ¡)4Tf:.- M E M 0 RAN DUM PA5S£D 5-0 TO: MAYOR AND CITY COMMISSIONERS ,£ ~./iU(¿.. 'Ì71f1J~/fI'¡ é/ '1 -fit " FROM: CITY MANAGERt, I SUBJECT: AGENDA ITEM #/06 -:0 M. - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the. appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to 'not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** V.C. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo , . -~. - -- .. .._,' ....~. -~._.-_. '. _.... . ..-- ..--.-- . - ---- ," '-'-'" --- -_. - - ._, --"-'--'.--' ---_.~-~--..."-- ._._--~_... -,-_.., - ~,.,_._"-_..._.---.... -~. --.---.-- --.--..,.,.... --- T- I ORDINANCE NO. 10-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL RAY BEACH, A PARCEL OF LAND LOCATED AT 2512 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE i DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN i i AMENDMENT S ; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; . PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE ¡ DATE. I WHEREAS, V.C. and Christine Bland are the fee-simple owners of , a parcel of land located at 2512 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046 (2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and ! WHEREAS, the subject property hereinafter described is i presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of C-5 (Commercial with a I residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of C-5 (Commercial with a residential equivalent of 5 units/acre) for the property hereinafter described; and , - .~-~. -~- - .-. - .. - .- ...... - . ..._._---_...~.,._.,.._.__.._._..._--_. - --.-.,'-----.---..-.----- --- ~-"----'----------- ~ _.._-_....._---- WHEREAS, the City's FLUM designations as initially contained I 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ; ¡ I ! the City Commission of the City of I ¡ Section 1. That Delray '! Beach, Palm Beach County, Florida, hereby annexes to said City the I following described land located in Palm Beach County, Florida, which I lies contiguous to said City to-wit: I Lot 13, DELRAY BEACH ESTATES, as recorded in Plat Book :1 21, Page 13, of the Public Records of Palm Beach I County, Florida. ,I iI ! The subject property being located on the west side of North Federal Highway, at 2512 North Federal Highway; I I and containing a 0.896 parcel of land, :1 acre more or I less. :1 I Section 2. That the boundaries of the City of Delray 3each, I I Florida, are hereby redefined to include therein the above-described ,i ;j tract of land and said land is hereby declared to be within the I 'I corporate limits of the City of Delray Beach, Florida. , I I Section 3. That the land hereinabove described shall I immediately become subject to all of the franchises, privileges, ~ I 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 i of Delray Beach, Florida. , I Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be I deemed acceptance by the City of any maintenance responsibility for such I i roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General I Commercial) . I ! - 2 - Ord. No. 10-94 I , · u_ .,~ u._·_~ '.--~-.'... -- _.~_. '.-- .- -~..- - _.._.. ..... 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 jurisâiction 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 the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs II or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs I earlier. No development orders, development permits, land 11 or uses ;¡ dependent on this amendment may be issued or commence before it has I become effective. If a final order of noncompliance is issued by the I Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a I I copy of which resolution shall be sent to the Department of Community I Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, .1 Florida 32399-2100. il PASSED AND ADOPTED in regular session on second and final .1 reading on this the 22nd day of March, 1994. 1 ~~ ATTEST: , MAYtý'R ()f1~V'0~JI~ //D.tiJr City C erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 10-94 , · h N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL -º!!Q.L A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11 -94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 -~. K. 17-94 ~ '-- L. 18-94 A j - ADDR£SS HUYSER N I - , I SOO F'EET I , - SCALf - c:ny OF DEl.ltAY IÞCH. ~ PIMfING DEPMnÆHT aMRCH - ... GAl , , - (:5Y;WEt:¡'íJ) 41-= 11- 9L( fJf)SSEO 6 -0 w / /}fl)£/)D~ M E M 0 RAN DUM £ffEt2.ftUE.. /)4-TS TO: MAYOR AND CITY COMMISSIONERS /k¡mcl. pR5SéD 5-0) SuðJtCT W . f(t ~ /¡nr-t/"'::ÚIJCi CcnIJJT7ðn £:t. I~OS(!4fJ1/77 FROM: CITY MANAGER t i A/o"9 IJI'>ÚE- SUBJECT: AGENDA ITEM # 10 6 - /0 fV'\ - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to 'not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** V.C. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref: a gme mo , , ._-....,_.~._- . .,.- ORDINANCE NO. 11-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY I BEACH, A PARCEL OF LAND LOCATED AT 2612 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS I OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT;· PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, T.M. and Juliette M. Schwerin are the fee-simple ! owners of a portion of Lot 14 and all of Lot 15, Delray Beach Estates, ! and Thomas M. Schwerin is the fee-simple owner of Lots 16 and 17, Delray Beach Estates, as the same are more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated I annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 C-5 (Commercial with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of C-5 (Commercial with a residential equivalent of 5 units/acre) for the property hereinafter described; and , ~ ..--..... - - ~ ~.__..,-, _. .-- -- --.- -... ---~. - '"- ~ -- --, .--.- ._.~.,_._.______ ._._._,_.....~______. .. .~. u·..~__.__._. _.. __,." . _.,_,_ ..._.__.. __ _. _ ___ .. _ ..·~,.,__._.__n__,_____·· ___. ____._ ..__..______,_ _.___ _." WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, an¿ ,1S 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. NOW, THEREFORE, BE I T 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: The Northerly 20.25 feet of the Westerly 186 feet of Lot 14 and all of Lot 15, DEL RAY BEACH ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida; TOGETHER WITH Lots 16 and 17, DELRAY BEACH ESTATES, as recorded in plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. :1 The subject property being located on the west side of ;1 North Federal Highway, at 2612 North Federal Highway; I and containing a 3.115 acre parcel of land, more or I ¡I less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described i I tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. I I I Section 3. That the land hereinabove described shall I immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to I which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. - 2 - Ord. No. 11-94 ! , , --- .-. . ._~..Þ_' - ..-....-..-...---. ._~-_._.. ..-"'-...-----.- _._~_._...-_._._----------~._--_._---_._---- I Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . ! i ! Section 6. That the City of Delray Beach elects to make this ì small scale amendment by having only an adoption hearing, pursuant to ,¡ Florida Statutes Section 163.3187(1) (c)4. I I ;1 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 AC (Automotive 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 the annexation and zoning, the earlier of: ( a) the last day on which the Florida Senate and House of Representatives both pass Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House Bill which precludes municipalities from annexing properties pursuant to Florida Statutes Section 171.046 (1993), or (b) March 1, 1995; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994'~~ ¡ ATTEST: MAY CU1hmVJJ¥:~kj (~Jla?kr City C erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 11-94 , N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL -ºffi?:L A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 , - ADDR£SS NUWSER N - I I ~ FEET I , - SCALf - CRY OIF DEUtAV IÞCH. J'\..ONDA PLNftNG OEPMNENT MMCH - ... D.AI , , . -# IcY -9!f {/! 19M P4 ílE-) ~5-0W/~ M E M 0 RAN DUM ~ cIah- TO: MAYOR AND CITY COMMISSIONERS ~. IJtl..«fLl/ /ìì7CIU- ~ ) FROM: CITY MANAGERt"(ir & he- Mrx.u:;d ~ ,¡x~ "I 1.;)-/9 ~ SUBJECT: AGENDA ITEM # /0 6-0 /V'¡ - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the appropriate ordinance. However, the agreements had not been fina~ized and were not ready for action at first reading. In order to not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** v.c. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo , · i I , ORDINANCE NO. 12-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2613 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENT S ; PROVIDING FOR THE ZONING- THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; . PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Richard C. and Dorothy M. Catapane are the fee-simple owners of a parcel of land located at 2613 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046 (2) (a) , to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 c-s (Commercial with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of c-s (Commercial with a residential equivalent of 5 units/acre) for the property hereinafter described; 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. 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 30, DELRAY BEACH ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property being located on the east side of North Federal Highway, at 2613 North Federal Highway; and containing a 0.534 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 12-94 i , , . ,_. ,,····.··,w_·..·__, . _~,~.._ .~_~._,__._ -- . <.- - -- - _. .-- -- ..~-~--~ "_.~_.,..- -,. ~.._.._- .". ~... -,-_... -~.__._---------_._---_..._----------~._._----_. 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 i classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Corrunercial) as defined by existing ordinances of the City of Delray ¡ Beach. 1 ! :1 Section 8. That all ordinances or parts of ordinances in ,j conflict herewith be, and the same are hereby repealed. ,¡ ; Section 9. That should any section or provision of this í ordinance or any portion thereof, any paragraph, sentence or word be :1 ~ I declared by a court of competent jurisdiction to be invalid, such 'I ¡ 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 the annexation and zoning, the earlier of: ( a) the last day on which the Florida Senate and House of Representatives both pass Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House Bill which precludes municipalities from annexing properties pursuant to Florida Statutes Section 171.046 (1993) , or (b) March 1, 1995; as to the I small scale land use plan amendment, the date a final order is issued by the Department of Corrununity Affairs or Administration Corrunission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or ¡ corrunence before it has become effective. If a final order of i noncompliance is issued by the Administration Corrunission, this amendment I may nevertheless be made effective by adoption of a resolution affirming I I its effective status, a copy of which resolution shall be sent to the I Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994. ATTEST: ~~~ Qll ~ Vlþ¡ ,J{¡ 'am II {).Jcj;y City C rk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 12-94 , - N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL ...Q!!QL A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 j - ADDRESS NUWB£R N - J I 500 FEET I , - SCALf - cny or DEIJUoV IÞCM, F\..OM)A PWtNIIIQ DEPMTWENT MARCH - ... OM , · =tÞ- I 3 -9L{ é p{}n Ac,oS) t.Jo Ae¡ ¡:: 'é- t:J'rl 'è-n <t-- M E M 0 RAN DUM OR:- AmE-n 08) Eßf-Ec../-r UE O~ TO: MAYOR AND CITY COMMISSIONERS PA-SSSO 6-0 FROM: CITY MANAGER(/i Î Ef~-h(JE- l'mm€.OiR+E/y SUBJECT: AGENDA ITEM # 10 6 - ··0 to/'¡ - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to 'not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** V.C. and Christine Bland (Ordinance No. lO-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo , · -1 ! ORDINANCE NO. 13-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2605 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; 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, Richard E. Panagos is the fee-simple owner of a parcel of land located at 2605 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046 (2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 17l.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 C-5 (Commercial with a residential equivalent of 5 units/acre); and WHEREAS, the advisory Future Land Use Map (FLUM) designation for the sub j ect property in the City of Delray Beach, Florida, is GC (General Commercial); and WHEREAS, the City's Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of C-5 (Commercial with a residential equivalent of 5 units/acre) for the property hereinafter described; 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. 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 31, DELRAY BEACH ESTATES, as recorded in Plat Book , 21, Page 13, of the Public Records of Palm Beach County, Florida. ; The subject property being located on the east side of North Federal Highway, at 2605 North Federal Highway; ! and containing a 0.613 acre parcel of land, more or less. I Section 2. That the boundaries of the City of Delray Beach, 'I Florida, are hereby redefined to include therein the above-described I ,I tract of land and said land is hereby declared to be within the I i ~ ¡ corporate limits of the City of Delray Beach, Florida. I 'I Section land hereinabove described shall II 3. That the !I immediately become subject to all of the franchises, privileges, I immunities, debts, obligations, liabilities, ordinances and laws to ,I which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City I pursuant to its ordinances and as required by Florida Statutes Chapter :1 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 13-94 i , , . --- _.- -~ - ,_._..'--" ".- --.---- ---_.- -- Î Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to :1 Florida Statutes Section 163.3l87(1) (c)4. I Section 7. That Chapter Two of the Land Development I ;1 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 I Beach. I Section 8. That all ordinances or parts of ordinances in i conflict herewith be, and the same are hereby repealed. ì I I Section 9. That should any section or provision of this I 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 the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. 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 I effective by adoption of a resolution affirming its effective status, a I copy of which resolution shall be sent to the Department of Community I Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. I PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994. ~,~ ATTEST: ' M A ~R QI/(Ø)'f'fJJ!.J(¡ rr IIOL~ C~ty erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 13-94 I , - N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL ~ A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 I - ADDRESS NUMBER N - I I ~ FEET I , - SCALÆ - CI1'Y OF DÐ.ItAy KACH. F\.DRIDA PI.NItNG DlPNmENT WMCH - ... OM , . . '. =tlll./ - 9C¡ (oI8ß¡E/) I SW7&=) t~ 5-0) uJ/mo ~ 10 M E M 0 RAN DUM ~ dcJ:Æ TO: MAYOR AND CITY COMMISSIONERS ( I'. e 'j t:/lt.c.,4VE..- lìnll?~i)ilrk1t ) -<Jí 1 ~. G¡¿rxo-u-ed- 6-0 FROM: CITY MANAGERt:· I SUBJECT: AGENDA ITEM #/06 -.n M - MEETING OF MARCH 22, 1994 '--, PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the- appropriate ordinance. However, the agreements had not been fina~ized and were not ready for action at first reading. In order to not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** V.C. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo , · - ORDINANCE NO. 14-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2601 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; 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, O'Brìen, Suiter & O'Brien, Inc. is the fee-simple owner of a parcel of land located at 2601 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 C-5 (Commercial with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of C-5 (Commercial with a residential equivalent of 5 units/acre) for the property hereinafter described; and , ~ - " ..... "~_. ~ ._e._· ,_ ._..- - .,.----..- < -- - - +-'.-.~---. .._- -.. - ---,.--',,'-." ._---, -~-. . .-.". -- - --- .--_. - .-. - +- 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. 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 32, DELRAY BEACH ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property being located on the east side of North Federal Highway, at 2601 North Federal Highway; and containing a 0.691 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by I the City pursuant to current requirements and conditions. I Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General I Commercial) . I - 2 - Ord. No. 14-94 I , - .' --- ,,_.._~- .'.P·- ~..-..~ ~ -~,..,-- nr ~_. . -- ----Section 6. That the City of Delray-~~ach elects to make this - .,_.... I small scale amendment by having only an adoption hearing, pursuant to I Florida Statutes Section 163.3187(1) (c)4. I 'I 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 I Commercial) as defined by existing ordinances of the City of Delray i Beach. i , ¡ Section 8. That all ordinances or parts of ordinances in , i conflict herewith be, and the same are hereby repealed. , I Section 9. That should any section or provision of this I I ordinance or any portion thereof, any paragraph, sentence or word be I declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a I whole or part thereof other than the part declared to be invalid. I I Section 10. That this ordinance shall become effective as I follows: As to the annexation and zoning, immediately upon passage on I second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs I earlier. 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 I 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, i Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994. I ~~L.. I ATTEST: " M A Y(!Y R I I (h¡[J/ôfJ'fìj1.c/I¡ /~ I/rh-fr Cl.ty erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 14-94 I , N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL ~ A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11 -94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 j - ADDRESS NU.,SER N , I 500 F'ŒT I , - SCAL£ - CITY OF DIlItAV KACH. FlONDA PlANNIC DEPMTUENT MMCH - ... OM , , . #- /5 -c¡c¡ C8USh&¡ ) t~ 5-0 M E M 0 RAN DUM £. f/t¡y¡o E- 1 ÌìI rr7 EOI 'p-h. I;¡ MAYOR AND CITY COMMISSIONERS - J.Jo IìG;eEE/l7~ TO: f)1/' FROM: CITY MANAGERt I SUBJECT: AGENDA ITEM #/06 -:(ì M - MEETING OF MARCH 22, 1994 '~ PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the_ appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to 'not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** v.c. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo , ".-.--.-.-'.-.--'--" -.-.,--.-- __ .._._.__._'___M.._ ___,_ ----,-...-,,- ORDINANCE NO. 15-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2401 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENT S ; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; . PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. I I WHEREAS, Edgar J. Bushey, Jr. , et al, is the fee-simple owner I of a parcel of land located at 2401 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 C-5 (Commercial with a residential equivalent of 5 units/acre); and WHEREAS, the advisory Future Land Use Map (FLUM) designation for the sub j ect property in the Ci by of Delray Beach, Florida, is GC (General Commercial); and WHEREAS, the City's Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of C-5 (Commercial with a residential equivalent of 5 units/acre) for the property hereinafter described; 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. 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 ì following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: i I The Westerly 225 feet of Lot 37, DELRAY BEACH ESTATES, i as recorded in Plat Book 21, Page 13, of the Public i Records of Palm Beach County, Florida. The subject property being located on the east side of North Federal Highway, at 2401 North Federal Highway; and containing a 0.521 acre parcel of land, more or less. , I Section 2. That the boundaries of the City of Delray Beach, i Florida, are hereby redefined to include therein the above-described : tract of land and said land is hereby declared to be within the 'I corporate limits of the City of Delray Beach, Florida. .¡ I Section 3. That the land hereinabove described shall :1 immediately become subject to all of the franchises, privileges, I immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by ¡ the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 15-94 , , ~ .-.----- - - -.- --- . ----~ ___,_n._ "__."__"'" - -'-' -_.__.__._----_.._---,~_._-----_.__. -- - ._+---- 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 the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. 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 i Administration Commission, this amendment may nevertheless be made í effective by adoption of a resolution affirming its effective status, a ¡ copy of which resolution shall be sent to the Department of Community ! I Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. I PASSED AND ADOPTED in regular session on second and final ! reading on this the 22nd day of March, 1994. I I ~~L. ¡ I I , M A Y¿yR I ATTEST: I () /j~ 'f/þ£:,Jv 1re J/¡JIJo/ I I Clty lerk I First Reading March 8, 1994 I I Second Reading March 22, 1994 1 I - 3 - Ord. No. 15-94 , , - N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEl ..Q!!Q:L A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 , - ACCRESS NU"SER N I - I I 500 FEET I I - SCALE - CIIY fJIF ODNoY KACH. n.DNDA PUNNNG ŒPMTUENT WMCH - ... OM , . =/lIb - 9'-1 (./flE(}chE /) t~ 6-0 W/4í1JEíJOELJ E ffwl-iû S {)If-Té.- M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS t1¡rJ. ~ j' &~ . fit ~ };;¡o<-U¡d- b.d - ~j;~cµ¡ FROM: CITY MANAGERl- I SUBJECT: AGENDA ITEM # 10 13 -...(ì M - MEETING OF MARCH 22, 1994 '-.. I PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the- appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** v.c. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agrnemo , , . .. -,""-'--' .-._,,,~_..... -.---.-. ..--..--....-,.-. . I i ORDINANCE NO. 16-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2399 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; 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, Mary F. Menchel is the fee-simple owner of a parcel of land located at 2399 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046 (2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a I County Future Land Use Map designation of C-5 (Commercial with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of C-5 (Commercial with a residential equivalent of 5 units/acre) for the property hereinafter described; and ¡ , , . ..- ._...~~..-. -"_..._- ,.'-.. _. - ~ ,.-. - ..- .' ---_.. - -- .-.....- _"._____......_,H~_______.__ ..... . _ _._._---- ." ....-- __ _ _n__ _ ----" WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and , , 'i the designation of a zoning classification is part of I WHEREAS, 'I this proceeding, and provisions of Land Development Regulations Chapter :1 I Two have been followed in establishing the proposed zoning designation. :1 NOW, THEREFORE, BE I T ORDAINED BY THE CITY COMMISSION OF THE I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I 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 37, LESS the Westerly 225 feet thereof, and all of Lot 38, DELRAY BEACH ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property being located on the east side of North Federal Highway, at 2399 North Federal Highway; I and containing a 1.719 acre parcel of land, more or I less. I Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 16-94 , . . , _.. --...---- - . _. .- ,- ---- ---- ~--- , .- - __u _ - -.----" .....-. .'"... 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 I described is hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach. I I I Section 8. That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I Section 10. That this ordinance shall become effective as follows: As to the annexation and zoning, the earlier of: ( a) the last day on which the Florida Senate and House of Representatives both pass Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House Bill which precludes municipalities from annexing properties pursuant to Florida Statutes Section 171.046 (1993) , or (b) March 1, 1995; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. 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 I Department of Community Affairs, Bureau of Local Planning, 2740 I Centerview Drive, Tallahassee, Florida 32399-2100. I PASSED AND ADOPTED in regular session on second and final I reading on this the 22nd day of March, 1994. ~~~ " MAYd/'R ATTEST: O}j'/VTn'lrp l' Iv I ~ Jj ();i¡ City C erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 16-94 , - , ~ N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL -ºBQL A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 j - ADDR£SS NUMBER N - I I 500 FEET I , - SCALf - em tJI DlUtAy IÞCH. ~ PUNNIIO DrPNmEHT MMCH - ... OM , . ~ . =# /7- 9'1 ( 5oLomof) ) ¡Jo lì9,eEEmf/)/ oK- ¡:)m&í70Eo M E M 0 RAN DUM £1!4CT7Ué- f)4-!E TO: MAYOR AND CITY COMMISSIONERS r¡+55E.LJ ~-O FROM: CITY MANAGERt1i 1 é -It€04vE- I ìn f77 €L) ¡"/J.-kl'l SUBJECT: AGENDA ITEM # 10 ß - in fV'¡ - MEETING OF MARCH 22, 1994 ' '--' PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the appropriate ordinance. However, the agreements had not been finalized and were not ready for action at first reading. In order to "not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** v.c. and Christine Bland (Ordinance No. lO-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo , . . _. ~._. -~ -.. ----...-.--- ".-. .._,.. .--.-..-,.-+...----- ,-'----_.-_.--,-. ._-_..~,~. -. ~".. -' --..---..........,.---- ----..----.---.-- - -... ..-..--.---'.-.-..--.,.--...--..----- --. -<- ,....-- 1 ORDINANCE NO. 17-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2213 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENT S ; PROVIDING FOR THE ZONING - THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; ,PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Gerald J. Solomon is the fee-simple owner of a parcel of land located at 2213 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046 (2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 CH-S (Commercial High Intensity with a residential equivalent of 5 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of CH-5 (Commercial High Intensity with a residential equivalent of 5 units/acre) for the property hereinafter described; and , · - . ~.'~~-'- .-... - -. .._.,---_.~. ----------- -- ._.~.__..-..._._.._.._--...- ~. ....'.- - "_'_"-.""'_-_"_"~"-""-_"__'~"--'~'_._----------------'_.--_..--- . WHEREAS, the City's FLUM designations as initially contained I 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 provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. 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 II lies contiguous to said City to-wit: Lot 40, DELRAY BEACH ESTATES, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. I The subject property being located on the east side of North Federal Highway, at 2213 North Federal Highway; and containing a 1.314 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 17-94 i. , . . "...~ _.-----~.- _ _..__. ...n_,., _.. __ _'.____ '. . _ "_ M "._,.-, -. --- ---~._-_._- _.,,"--~- ----.---.-. ~. . ~~..."_ __,,_. ,__ _ __ n .___.___._._ .------ ._-_.-- 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 i 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 the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. 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 I Administration Commission, this amendment may nevertheless be made I effective by adoption of a resolution affirming its effective status, a I copy of which resolution shall be sent to the Department of Community I Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994. ~~ ATTEST: ' MAY ¿¥R {JL{~iìþ~M~ !/a;;/;¡ C~ty erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 17-94 , N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND PARCEL -º!!Q:L A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11-94 F. 12-94 G. 1.3-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 I - ADDRESS NUW8£R N - j I 500 FEET' I , - SCALf - cnv OfF Dfl.ItAy KAØt. F1.DNDA PWHNG DlPMnmtT MMCH - ... D.AI , , - qf/'8'~9¿¡ é c/t"e,e) I~ b-O uJI Ifm&7o~ M E M 0 RAN DUM E/knuS j)ffT~ TO: MAYOR AND CITY COMMISSIONERS ~. ~6-0 .I-/í 1 FROM: CITY MANAGERt'· I SUBJECT: AGENDA ITEM #/06 -':O/V'¡ - MEETING OF MARCH 22, 1994 PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS. 7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS DATE: MARCH 18, 1994 Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated annexation, small scale land use plan amendments and establishment of initial zoning for the North Federal Highway enclaves. They encompass several lots and parcels which are located on the east and west sides of North Federal Highway, north of the Delray Swap Shop. Prior to first reading of these ordinances, it was anticipated that an Annexation Agreement for all but one of the parcels would be executed by the property owner and incorporated into the appropriate ordinance. !fowever, the agreements had not been finaLized and were not ready for action at first reading. In order to not delay annexation, the ordinances were modified to delete any reference to an Annexation Agreement and were passed on first reading at the March 8th regular meeting. The Commission directed staff to work diligently with the affected property owners to finalize the agreements prior to second reading of the ordinances. The results of that effort are outlined in the accompanying memorandum from Lula Butler. One executed agreement has been received and is included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance No. 14-94) . Five of the property owners have indicated they will not sign an agreement, as follows: ** J. and Lucille Compagno (Ordinance No. 8-94) ** v.c. and Christine Bland (Ordinance No. 10-94) ** Richard E. Panagos (Ordinance No. 13-94) ** Edgar Bushey (Ordinance No. 15-94) ** Gerald J. Solomon (Ordinance No. 17-94) The remainder of the property owners were to meet with their attorney late on Friday afternoon. Should additional agreements be executed subsequent to that meeting, they will be provided to you prior to the meeting. The ordinances and the corresponding properties are referenced on the map legend. A detailed staff report is attached. The Planning and Zoning Board formally reviewed these actions on February 28, 1994, and, after hearing public comments, recommended approval on a 6 to 1 vote (Carolyn Young dissenting) . Recommend approval of Annexation Agreements, together with Ordinance Nos. 7-94 through 18-94, inclusive, on second and final reading. ref:agmemo , , . ORDINANCE NO. 18-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; 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, Cary T. and Elaine M. Carr, together with J.Y. and Marilynn B. Carr, are the fee-simple owners of a parcel of land located at 2101 North Federal Highway, as the same is more particularly described herein; and WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046 (2) (a), to include the subject property within the corporate limits of the city, and has heretofore been authorized to annex lands in accordance with Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; 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 CH-5 (Commercial High Intensity with a residential equivalent of 5 units/acre); and WHE REAS , 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 Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of CH-5 (Commercial High Intensity with a residential equivalent of 5 units/acre) for the property hereinafter described; and I I , , - . ~.,._.., _._,-_._..-, .--- .-.,.-- --.-.-- ---~- .,--.---------- _. -.------.---....-- 11 WHEREAS, the City's FLUM designations as initially contained I on the City's Future Land Use Map adopted in November, 1989, and as :1 subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and ,! 'I WHEREAS, the designation of a zoning classification is part of I this proceeding, and provisions of Land Development Regulations Chapter ! Two have been followed in establishing the proposed zoning designation. ¡ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: í Section 1. the City Commission of the City of í That Delray ! Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which I lies contiguous to said City to-wit: I ! , I I The Northerly 100 feet of the Southerly 503.4 feet of I I the West Half (W 1/2) of the Southwest Quarter (SW 1/4) I of the Southeast Quarter (SE 1/4) of Section 4, Township 46 South, Range 43 East, Palm Beach County, I Florida. I I The subject property being located on the east side of I North Federal Highway, at 2101 North Federal Highway; and containing a 1.609 acre parcel of land, more or I less. ¡ I Section 2. That the boundaries of the City of Delray Beach, I Florida, are hereby redefined to include therein the above-described i I tract of land and said land is hereby declared to be within the ! corporate limits of the City of Delray Beach, Florida. I Section 3. That the land hereinabove described shall , immediately become subject to all of the franchises, privileges, ì I immunities, debts, obligations, liabilities, ordinances and laws to I which lands in the City of Delray Beach are now or may be subjected, I including the Stormwater Management Assessment levied by the City I 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, I including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 18-94 I I , , - U·W'_ _ - - .- - ..- - - ~. ._,-- , -- - - - -~,-- .-- _...__.u 'I Section 6. That the City of Delray Beach elects to make this , small scale amendment by having only an adoption hearing, pursuant to , Florida Statutes Section 163.3187(1) (c)4. Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General i Commercial) defined by existing ordinances of the City of Delray ! as i Beach. i , :1 Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. i ,I Section 9. That should any section or provision of this 'I !I ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such Ij decision shall not affect the validity of the remainder hereof as a I whole or part thereof other than the part declared to be invalid. 1 Section 10. That this ordinance shall become effective as follows: As to the annexation and zoning, the earlier of: (a) the last day on which the Florida Senate and House of Representatives both pass Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House Bill which precludes municipalities from annexing properties pursuant to Florida Statutes Section 171.046 (1993), or (b) March 1, 1995; as to the i small scale land use plan amendment, the date a final order is issued by I the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. 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 I 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 I Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of March, 1994. ATTEST: ~:7~ () L Aro-,'fiJ1c. Iv ~ !lr¡]o/ City C rk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 18-94 , , , . . N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND . PARCEL ..Q!!QL.. A. 7-94 B. 8-94 C. 9-94 D. 10-94 E. 11 -94 F. 12-94 G. 13-94 H. 14-94 I. 15-94 J. 16-94 K. 17-94 L. 18-94 j - ADDRESS NUMBER N - I I 500 FEEt' I , - SCALE - c:nY 0/1 DEUtAV KACH. F\.DM)o\ PLANfINO DEPMTUENT MMCH - ... DJW , · IJII4Fr COMMENTS FROM CITY COMMISSION REGULAR MEETING OF MARCH 22, 1994 11.B. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Puþlic Hearings. l1.B.1. Art Jackel, Chairman of the United Property Owners, stated that the U.P.O. feels stronger criminal laws are essential, and with the assistance of the City Commission, the State Legislature is taking the necessary steps to stop tithe revolving door policytl for criminals. Mr. Jackel suggested that it is necessary that the school system within the city be improved and hoped that the City would relay this message to the School Board. The U.P.O. offers their full support in trying to expand activities for the young people in the community and that the U.P.O and the City are working very hard to accomplish these goals. He pointed out that the beautification along Lake Ida Road is presently at a stand-still and suggested that improvements are needed at the entrance into the Isles of Delray and the commercial building located at 1000 Lake Ida Road. 11.B.2. Fredda Weinberg. 15234 Lakes of Delray Boulevard, stated that she does some tutoring at the Community Learning Center which is located at the Police Department's substation in Atlantic Gardens and emphasized that it is necessary that activities be expanded. She voiced her disappointment in the lack of cooperation from the South Technical Center and the Police Department as she felt her work through the Private Industry Council was not appreciated. She stated that she had received some backing from ICE magazine for computer training and suggested that someone from the City contact her in regard to advertising so that her work can continue. The City Manager stated that he would have someone contact Ms. Weinberg to discuss the situation. 11.B.3. Mary Randolph. 105 N.W. 11th Avenue, urged residents who live in the east and west portions of the City to join together to help combat crime in the community instead of voicing their differences. She suggested that a special day be declared by the City for assisting the young people in the City with their problems. 11.B.4. Brother Jeremy(?) stated that the community is very proud that Delray Beach had received the honor as an All-America City. He emphasized that it is very important for all residents of the City to come together in order to resolve problems. 11.B.5. Gloria Burkett, expressed concern regarding the loss of the AMTRAK station which used to be located on Depot Avenue. , · She stated that it is very inconvenient to have to travel either south to Deerfield Beach or north to West Palm Beach for train service. Ms. Burkett noted that the City of Boca Raton is trying to locate its Tri-Rail station at the location of the new 1-95 interchange and suggested Delray Beach should contact the City of Boca Raton and perhaps work with them and AMTRAK on the possibility of a new location at the new 1-95 exit to Congress Avenue. Ms. Burkett expressed her willingness to assist in this effort and asked that she be contacted at 2740 S.W. 22nd Avenue, #1608, Delray Beach, phone: 272-5807. 11.B.6. Robert Burns, 2578 Lake Ida Road, wanted the Commission to be aware that after attending the City Commission meeting last week he had been followed by a Police officer for several blocks. He noted that he considered this action as Police harassment. He further stated that he felt certain members of the Commission had been disrespectful toward a member of the PEACE organization who had addressed the Commission at the last meeting. Mr. Burns asked if the Police still occupied the substation located on S.W. 12th Avenue? He commented that he passes the area frequently and has observed individuals selling crack cocaine right down the street. He stated that when the substation first opened there was a lot of Police activity¡ however, there seems to be fewer officers than there have been in the past. Mr. Burns suggested that the Police Department increase their surveillance of criminal activity in this area. 11.B.7. Jean Beer, 945 Tropic Boulevard, expressed concern regarding redevelopment in the Silver Terrace area. She noted that during a Planning and Zoning Board meeting held last week she was surprised to learn that it would be approximately five years before the roads would be improved. She pointed out that these are dirt roads and vehicles traveling on them creat a great amount of dirt and dust. Ms. Beer requested that some type of action be taken to alleviate this situation, and suggested that shellrock be installed as an interim measure until the road improvements are made in conjunction with the installation of water and sewer lines. 11.B.8. Kevin Ballard stated that he was representing a group of young Black males under the age of twenty-five who are here tonight because they would like to be aware of what is taking place within the City. He commented that upon entering the Chambers tonight, the group could not help but notice the look of anxiety on the faces of those individuals who wondered why they were attending the Commission meeting. He suggested that the City consider having educational seminars with emphasis on special skills as he felt this could help young Black males to stay out of trouble. He commented that individuals hang-out along the beach area and emphasized that this could not be possible in the west side of town without being arrested. He then made an - 2 - , , . emotional plea to the Commission to be more sensitive to the residents of the City's Black community. 11.B.9. Leroy Geathers, 1401 S.W. 4th Street, expressed concern about the condition of the sidewalks in the Carver Park Subdivision and for the safety of children playing in the area. The sidewalks are presently being repaired with barricades outlying the broken areas of concrete. He requested that the City have someone check the situation in order to avoid potential accidents. 11.B.I0. John McClam, 5376 Pinetree Drive, and member of PEACE, urged the Commission to take the opportunity to try to work out something with these young adults who are crying out for help. He emphasized that there will be twice the number of young people on the streets during the summer when school is not in session and perhaps trouble could be averted if Mr. Ballard's plea is taken seriously. FROM THE COMMISSION .1L. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Ellingsworth referred to Ms. Beer's comments regarding the co.ndition of the roads and schedule for improvements in the Silver Terrace area and agreed that the Commission should review this situation as soon as possible. 13.A.2. Mrs. Smith referred to the newspaper advertisement recently published by DELPAC and the Chamber of Commerce in recognition of the 123 individuals who volunteer their time on City boards. She expressed appreciation to those individuals who dedicate their time and commitment for the City. She reminded the Commission Members about the dedication of two additional Habitat for Humanity homes this Saturday, March 26th, and encouraged attendance. Mrs. Smith agreed that the condition of the roads in the Silver Terrace area should be reviewed and action taken as soon as possible. Mrs. Smith also suggested that the educational seminars suggestion for young adults should be checked into by staff prior to the summer months. 13 .A. 3. Mayor Lynch stated that Mt. Olive Baptist and Cason United Methodist churches will be holding a gun buy-back program on April 30th. He pointed out that this is the same week that a nationwide program is being designated toward crime prevention and suggested that the City should become involved in this very important matter. He asked the City Manager to look into the coordination of the march which is planned for April 24, 1994. - 3 - , , . . He congratulated City staff on receiving the Palm Beach County's Project of the Year award for work on the Decade of Excellence Project. Mayor Lynch asked if the following items could be checked by staff which were brought up by the Lake Ida Neighborhood Association: 1) the issue of substandard lots which was discussed at a recent Commission meeting¡ and, 2) the issue of vehicles parked on landscaped areas in the Lake Ida section. In response to the issue of substandard lots, the City Manager stated that the City Commission had directed Planning and Zoning to review this issue. The City Manager reported that the ordinances which were drafted by the Neighborhood Task Team have been reviewed by the City Attorney's Office. These ordinances have been returned to the Task Team for review and will appear before the Commission at a future meeting. The problem regarding vehicles parking on landscaped areas will be investigated by staff. Mayor Lynch noted that the State of Florida has $11 million dollars for drug prevention programs and that Doug Randolph, Grant Administrator, is working on an application for grant monies. He commented that if the City is successful in receiving a grant, then perhaps this could be applied toward the educational seminars as suggested earlier this evenìng. 13.B. The Cìty Attorney provided the Commission with an update on the Community Based Prosecution program and noted that six geographic districts have been set up. Initially the program applies to felonies and will later be extended to misdemeanor cases; however, there are on-going meetings between various groups and will be presented to the judges by the end of April. The City Attorney stated that she had been asked by the Broward County General Counsel's Office to act as a hearing officer for site specific rezonings and asked for approval from the Commission for her participation. 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None of these benefits would have been possible without the faith and trust by those present tonight. We came to demonstrate our concern and know you will act by declaring Delray Online our official information provider. Page 1 , , Delray Online Submitted to: Delray Beach City Commissioners Submitted by: Fredda Weinberg Delray Online ITS makes it happen every day. Bob and Christine Morris are working with us to continue to satisfy the involved parents of the SMART Tutoring Program. It deserves your support to continue helping kids get started. $1 can make it happen tonight. A contract for a single dollar will secure our commitment. Your first ad will cost a buck. We'll do the rest. When you say yes, activities which won't clog our roads nor pollute our air will begin to organize. Delray residents will enjoy unlimited local access. What will Delray residents get for their $1? An education system second to none. Access to information others will pay for. Jobs and local training using the incubators you've paid for. Ask the police representative what we've done for crime around the substation. This is what we need... A phone call from the administration, A proclamation from the Commission, Please attend our grand opening. Page 2 , Fredda Weinberg 15234 Lakes of Delray Boulevard Apt 264 Delray Beach, FL 33484 407 -496-5722 February 1994 - March 1994 For iCE Magazine, West Palm Beach, telecommunications support. Reinstalled Wildcat BBS software under OS/2 2.1 and upgraded Internet utilities, improving system perfonnance and reliability . July 1993 - December 1993 For IBM, Boca Raton, provided technical service. Completed assignment as communications specialist for OS/2 technical support help line, reduced backlog of customer problems by working with various specialists throughout the organization. Provided compatibility testing for Boca Raton Technical Services, using general knowledge of PC hardware, operating systems and applications to isolate symptoms and detennine causes of failures. February 1993 - June 1993 Software developer for Worldwide Target Demographic Television, Deerfield Beach. Setup Peachtree accounting and Microsoft Access database applications for video producers. Trained staff to transmit fonns and files via Bitfax and on-line services. May 1992 - January 1993 Independent consultant for Computer Coach, Boca Raton. Providing training, service and support for hardware and software. Installed and configured Nove1l2.x and 3.x networks. November 1991 - April 1992 Tested OS/2 version 2.0 at IBM, Boca Raton. Evaluated manual graphics, on-line help and printing functions. Assisted testing monitors isolate and document future coding tasks. , March 1991 - July 1991 Assembled graphic workstations for Electronic Imagery, Inc., Delray Beach. Supported developers of image enhancement software confonning to T ARGA standards. Installed and configured software development kit for Windows 3.0. Technical liaison to support personnel at Microsoft and TrueVision. August 1990 - March 1991 Assembled AutoCad and Microstation systems for CADD Centers of Florida, Fort Lauderdale. Supported architects and designers using PC based digitizers and plotters. Installed and configured computers running Novell, DOS, XENIX and Windows environments. July 1989 - September 1989 For a temporary agency, trained workstation users for AT&T, Valhalla, New York. Configured DOS applications for use under UNIX. Established communications links between hospitals and New York State Department of Health for unattended data collection. September 1988 - June 1989 Installed, customized and supported Apollo workstations on NFS network at the Laboratory for Logic Based Systems, Brooklyn, NY. Administrator of an Ethernet UNIX network consisting of Apollo, Symbolics and V AX computers. Consultant to developers of C and lisp economic forecasting applications. Designed presentation for MITI/University of Tokyo visiting professors. June 1983 - January 1986 Technician and technical support manager for PC retailers in New York City: Friendly Computer Center, Brooklyn, NY January 1983 - December 1983; T echMate Computers, NYC January 1984 - January 1986. , . . Education September 1989 - January 1990 Teaching Fellow, Department of Computer and Infonnation Science, Brooklyn College. Taught project-oriented elective course in C programming. June 1989 Bachelor of Arts awarded in Economics, Brooklyn College. Awards June 1988 Regents Scholar September 16, 1993 Civilian Commendation - Delray Beach Police Department, for teaching computer technology at the Community Policing Substation. .