Ord 75-04
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OR BK 18057 PG 1473
RECORDED ~11/2612005 08: 40: 57
Palm Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 1473 - 1478; (6pgs)
ORDINANCE NO. 75-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET
SOUTH OF WEST ATLANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS
PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters are the fee simple owners of parcels of land totaling 5.82
acres and located 710 feet south of West Atlantic Avenue and 260 feet west of Military Trail; and
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters have requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of HR-8
(High Density Residential 8 dwelling units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the RM zoning designation allows between 6 and 12 units per acre; and
WHEREAS, a density suffix may be affixed to provide a maximum designation during the
ordinance adoption process that is less than 12 units per acre based upon performance criteria in
accordance with LDR Section 4.4.6 and the required findings of LDR Section 3.2.2(D); and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of December 20, 2004, and voted 4
to 0 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential- 8 units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance IS
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The West one-half (W %) of the Southeast one-quarter (SE '/.), of the Southeast one-quarter
(SE V.), of the Southeast one-quarter (SE V.) of Section 14, Township 46 South, Range 42
East; together with the East 30.00 feet of the East one-half (El/2) of the Southwest one-
2
ORD NO. 75-04
quarter (SW '14) of the Southeast one-quarter (SE '14), of Section 14, Township 46 South,
Range 42 East, lying within Palm Beach County, Florida, being more particularly described as
follows:
Begin at the northwest comer of Lot "B", Mil Atlantic according to the plat thereof as
recorded in Plat Book 95, Pages 167 through 169 of the Public Records of Palm Beach
County, Florida; thence South 00" 23' 40" East, along the West line of said Lot "B", a
distance of 695.82 feet to a point on the North line of the Lake Worth Drainage District L-34
Canal according to the Plat thereof as recorded in Plat Book 29, Page 35 and Chancery Case
No 407 as recorded in Official Records Book 6495, Pages 721 all of the Public Records of
Palm Beach County, Florida; thence South 89' 12' 56" West, along said North line, a
distance of 364.75 feet to a point on the West line of a 60 foot right-of-way easement as
recorded in Official Records Book 9354, page 983 of the Public Records of Palm Beach
County, Florida; thence North 00' 22' 47" West, along said West line, a distance of 694.06
feet to a point on the North line of said 60 foot right-of-way easement; thence North 88" 56'
17" East, along said North line and the South line of Tract 1, Delray Commons as recorded
in Plat Book 85, Pages 183 and 184 of the Public Records of Palm Beach County, Florida, a
distance of 364.59 feet to the point of beginning.
The subject property is located 710 feet south of West Atlantic Avenue and 260 feet west of
Military Trail.
Section 3 That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4 That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5 That this annexation of the subject property, including adjacent roads,alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6 That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ ac).
3
ORD NO. 75-04
Section 7 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)3.
Section 8 That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM (Medium Density Residential) District as defined by
existing ordinances of the City of Delray Beach.
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 11 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 12 That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
\~ASSF.n~ ADOPTED in regular session
_day of ~M ,2005.
~
on second and final reading on this the
ATTEST
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YOR '-
~.~~.~.~~
City Clerk
First Readin
Second Readin
4
ORD NO. 75-04
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GRAMERCY
- ANNEXATION/FLUM
DELRA Y BEACH, Fl
CITY OF ()[PARll.IENT
PLANNING &. ZONING
MAP SYSTEM --
- - DIGITAL BASE
MAP REF: LM772
[IT' DF DElRA' BEA[H
DElRA Y BEACH
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AII.America City
, I III!
CITY CLERK
100 N.W. 1st AVENUE. DELRAY BEACH. FLORIDA 33444 561/243.7000
1993
2001
CERTIFICATION
I, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Ordinance No. 75-04, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 18th day of January, 2005.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 19th day of
January, 2005.
~S:>.~
Chevelle Nubin
City Clerk
City of Delray Beach, Florida
(SEAL)
@ Printed on Racycieri Pap;:,r
THE EFFORT ALWAYS MATTERS
r "
~~
ORDINANCE NO. 75-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET
SOUTH OF WEST ATLANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS
PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters are the fee simple owners of parcels of land totaling 5.82
acres and located 710 feet south of West Atlantic Avenue and 260 feet west of Military Trail; and
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters have requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of HR-8
(High Density Residential 8 dwelling units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
( '"'.
/')
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the RM zoning designation allows between 6 and 12 units per acre; and
WHEREAS, a density suffix may be affixed to provide a maximum designation during the
ordinance adoption process that is less than 12 units per acre based upon performance criteria in
accordance with LDR Section 4.4.6 and the required findings ofLDR Section 3.2.2(D); and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of December 20, 2004, and voted 4
to 0 to recommend that the requests be approved with an initial zoning of RM -8 (Medium Density
Residential- 8 units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The West one-half r.:w Y2) of the Southeast one-quarter (SE 1/4), of the Southeast one-quarter
(SE 1/4), of the Southeast one-quarter (SE 1/4) of Section 14, Township 46 South, Range 42
East; together with the East 30.00 feet of the East one-half (E1/2) of the Southwest one-
2
ORD NO. 75-04
('
~'\
quarter (SW 1/4) of the Southeast one-quarter (SE Y4), of Section 14, Township 46 South,
Range 42 East, lying within Palm Beach County, Florida, being more particularly described as
follows:
Begin at the northwest comer of Lot "B", Mil Atlantic according to the plat thereof as
recorded in Plat Book 95, Pages 167 through 169 of the Public Records of Palm Beach
County, Florida; thence South 00° 23' 40" East, along the West line of said Lot "B", a
distance of 695.82 feet to a point on the North line of the Lake Worth Drainage District L-34
Canal according to the Plat thereof as recorded in Plat Book 29, Page 35 and Chancery Case
No 407 as recorded in Official Records Book 6495, Pages 721 all of the Public Records of
Palm Beach County, Florida; thence South 89° 12' 56" West, along said North line, a
distance of 364.75 feet to a point on the West line of a 60 foot right-of-way easement as
recorded in Official Records Book 9354, page 983 of the Public Records of Palm Beach
County, Florida; thence North 00° 22' 47" West, along said West line, a distance of 694.06
feet to a point on the North line of said 60 foot right-of-way easement; thence North 88° 56'
17" East, along said North line and the South line of Tract 1, Delray Commons as recorded
in Plat Book 85, Pages 183 and 184 of the Public Records of Palm Beach County, Florida, a
distance of 364.59 feet to the point of beginning.
The subject property is located 710 feet south of West Atlantic Avenue and 260 feet west of
Military Trail.
Section 3 That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4 That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5 That this annexation of the subject property, including adjacent roads, 'alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6 That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ac).
3
ORD NO. 75-04
('"'
"'\
Section 7 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)3.
Section 8 That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM (Medium Density Residential) District as defined by
existing ordinances of the City of Delray Beach.
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 11 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 12 That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a fmal order is issued by the
Department of Community Affairs, or the Administration Commission, fmding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution afftrtning 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.
\~ASS~ND ADOPTED in regular session on second and final reading on this the
_ day of ~~.M ,200.5.
.J
8æY~R~
ATTEST
~.~~~~.~~
City Clerk
First Readin
4
ORD NO. 75-04
LRA Y BEACH. fL
CITY OF DE DEPARTMENT
PLANNING & ZONING
OAS£ MAP SYSTEM -
- - DIGITAL .....
GRAMERCY
- ANNEXA TION/FLUM
[ITY DF DELRAY BEA[H
DElRA Y BEACH
f lOR I 11 A
t&ftr:II
All-America City
, I II!
CITY CLERK
100 N. W. 1 5t AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
1993
2001
January 20, 2005
NOTIFICATION OF ANNEXATION
Please find a copy of Ordinance No. 75-04 annexing property to the City of
Delray Beach, which was passed and adopted on second and final reading by
the City Commission in regular session on January 18, 2005. Ordinance 75-04
will be recorded with the Palm Beach County Clerk of the Court.
This infonnation is being provided in accordance with Section 166.231 of the
Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of
Delray Beach.
If you have any questions, please do not hesitate to contact the City Clerk's
office at (561) 243-7059.
Sincerely,
~\).\0~
Chevelle Nubin
City Clerk
Attachments: Ordinance No. 75-04
Annexation Brief
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
[ITY DF DELRAY BEA[H
DELRA Y BEACH
f lOR lOA
t&ftr:II
All-America City
, III I!
CITY CLERK
100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000
1993
2001
CERTIFICATION
I, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Ordinance No. 75-04, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 18th day of January, 2005.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 19th day of
January, 2005.
~~. ~~.t-}
Chevelle N ubin
City Clerk
City of Delray Beach, Florida
(SEAL)
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
· .
~ - - - ~
ORDINANCE NO. 75-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET
SOUTH OF WEST ATLANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS
PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters are the fee simple owners of parcels of land totaling 5.82
acres and located 710 feet south of West Atlantic Avenue and 260 feet west of Military Trail; and
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters have requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of HR-8
(High Density Residential 8 dwelling units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the RM zoning designation allows between 6 and 12 units per acre; and
WHEREAS, a density suffix may be affixed to provide a maximum designation during the
ordinance adoption process that is less than 12 units per acre based upon performance criteria in
accordance with LDR Section 4.4.6 and the required findings ofLDR Section 3.2.2(D); and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of December 20, 2004, and voted 4
to 0 to recommend that the requests be approved with an initial zoning of RM -8 (Medium Density
Residential- 8 units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The West one-half r.:w Y2) of the Southeast one-quarter (SE 1/4), of the Southeast one-quarter
(SE 1/4), of the Southeast one-quarter (SE 1/4) of Section 14, Township 46 South, Range 42
East; together with the East 30.00 feet of the East one-half (E1/2) of the Southwest one-
2
ORD NO. 75-04
quarter (SW 1/4) of the Southeast one-quarter (SE 1f4), of Section 14, Township 46 South,
Range 42 East, lying within Palm Beach County, Florida, being more particularly described as
follows:
Begin at the northwest comer of Lot "B", Mil Atlantic according to the plat thereof as
recorded in Plat Book 95, Pages 167 through 169 of the Public Records of Palm Beach
County, Florida; thence South 000 23' 40" East, along the West line of said Lot "B", a
distance of 695.82 feet to a point on the North line of the Lake Worth Drainage District L-34
Canal according to the Plat thereof as recorded in Plat Book 29, Page 35 and Chancery Case
No 407 as recorded in Official Records Book 6495, Pages 721 all of the Public Records of
Palm Beach County, Florida; thence South 890 12' 56" West, along said North line, a
distance of 364.75 feet to a point on the West line of a 60 foot right-of-way easement as
recorded in Official Records Book 9354, page 983 of the Public Records of Palm Beach'
County, Florida; thence North 000 22' 47" West, along said West line, a distance of 694.06
feet to a point on the North line of said 60 foot right-of-way easement; thence North 880 56'
17" East, along said North line and the South line of Tract 1, Delray Commons as recorded
in Plat Book 85, Pages 183 and 184 of the Public Records of Palm Beach County, Florida, a
distance of 364.59 feet to the point of beginning.
The subject property is located 710 feet south of West Atlantic Avenue and 260 feet west of
Military Trail.
Section 3 That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4 That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5 That this annexation of the subject property, including adjacent roads, "alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6 That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ac).
3
ORD NO. 75-04
Section 7 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)3.
Section 8 That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM (Medium Density Residential) District as defined by
existing ordinances of the City of Delray Beach.
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 11 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 12 That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
\~ASS~ND ADOPTED in regular session on second and final reading on this the
_day of ~~M ,200.5.
.J
8æY~R~
ATTEST
~.~~~.~~
City Clerk
First Readin
4
ORD NO. 75-04
I ~
,','. .
'l,' r '
ANNEXATION BRIEF FOR THE GRAMERCY PROPERTY
Property Control Number: 00-42-46-14-00-000-5040, 00-42-46-14-00-000-5050,
00-42-46-14-00-000-5060, 00-42-46-14-00-000-5070,
00-42 -46-14-00-000-5080, 00-42-46-14-00-000-5650,
00-42-46-14-00-000-5600
Acreaae: 5.82 Acres.
Number of Buildinas On-site: 3
Taxable Value: $489,761.00
Projected Population Increase: -294-
Owner's Address: Home Devco Corporation of South Florida.
Property Address: West side of Military Trail just 700' feet south of Atlantic
Avenue.
County land Use Desianation: HR-8 (High Residential 8 du/ac).
City Land Use Desianation: MD (Medium Density Residential, 5-12 du/ac).
City Zonina Desianation: RM-8 (Residential Medium Density, 8 du/ac).
Current Use of Property: The subject property consists of six separate parcels
with 5 single family lots plus an access tract. Two of
these parcels are undeveloped, three contain single
family residential homes, and one serves as an
access tract for the subject properties and for single
family homes to the west.
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fIAI\
AGENDA ITEM # \ 0" - REGULAR MEETING OF JANUARY 18. 2005
ORDINANCE NO. 75-04 (ANNEXATION. SMALL-SCALE FUTURE
LAND USE MAP AMENDMENT. AND REZONING)
JANUARY 14,2005
TO:
FROM:
DATE:
This Ordinance is before Commission for second reading and a quasiiudicial hearing for Future Land
Use Map Amendment (FLUM) from County HR-8 (High Density Residential-8 dwelling units per
acre) to City MD (Medium Density Residential 5-12 dwelling units per acre) and annexation with
initial City zoning of RM-8 (Medium Density Residential-8 dwelling units per acre) for Gramercy,
located 260 feet west of Military Trail and 710 feet south of West Atlantic Avenue.
The 5.82 acre property currently has an AR (Agricultural Residential) zoning designation. The
property consists of six (6) separate parcels with five (5) single family lots; two parcels are
undeveloped, three contain single family residential homes, and one serves as the access tract for the
subject properties and for the single family lots to the west. The subject property is located within
the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at
this time. The annexation area will be combined with approximately 7.81 acres to the east for a
townhouse development containing 109 units.
On December 20, 2004, the Planning and Zoning Board held a public hearing in conjunction with
the requests. There was public testimony from the residents of the adjacent property to the west.
The main concerns were that their properties would be landlocked and the proposed development
was eliminating the alternate access point previously proposed from Military Trail.
After significant discussion related to the RM-10 zoning, the Board voted 4-0 to recommend that
the request be approved, subject to a zoning density suffix of 8 units per acre maximum, based upon
positive fmdings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required
Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning
Findings), and that the property is contiguous, reasonably compact and does not create an enclave;
and services will be provided to the property in a manner similar to other similar properties within
the City.
At the first reading on January 4, 2005, the City Commission passed Ordinance No. 75-04 with City
zoning ofRM-8.
Recommend approval of Ordinance No. 75-04 second and final reading.
s: \ City Clerk \agenda memos \ Ord 75.04.Gramercy Annexation.Ol.18.05
~
FROM:
CITY COMMISSION DOCUMENTATION
DAV~~~NAGER
PAU[ DORLlNG, DIRE<ëfR OF PLANNING AND ZON~~
ESTElla BRETO, SENIOR PLANNER ~~~ .
MEETING OF JANUARY 4, 2005
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY HR-8 (HIGH RESIDENTIAL - 8 DUlAC) TO CITY MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC), AND REZONING FROM AR
(AGRICULTURAL RESIDENTIAL) TO RM-10 (MEDIUM DENSITY
RESIDENTIAL 10 DUlAC) FOR A 5.82 ACRES PROPERTY LOCATED ON
THE WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 700 FEET SOUTH
OF ATLANTIC AVENUE.
TO:
THRU:
SUBJECT:
BACKGROUND
The 5.82 acre property is currently located in unincorporated Palm Beach County and has an AR
(Agricultural Residential) zoning designation. The property is located within the City's Planning
Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. To the
west of the subject property are five parcels of approximately one acre each. The western 60 feet
of the subject property includes an access easement tract for these one acre lots located to the
west. The subject property consists of 6 separate parcels with 5 single family lots plus the access
tract described above. Two of these parcels are undeveloped, three contain single family
residential homes, and one serves as the access tract for the subject properties and for single
family lots to the west. Additional background and an analysis of the request are found in the
attached Planning and Zoning Board Staff Report. The annexation area will be combined with
approximately 7.81 acres to the east for a townhouse development containing 109 units.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of December 20, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the requests. There was public testimony from the residents of the adjacent
property to the west and their main concerns where that their properties would be landlocked and
the proposed development was eliminating the alternative access point previously proposed from
Military Trail. It is noted that properties currently gain access through the rear of Points West
Plaza (commercial shopping center).
The Board had significant discussion related to the appropriateness of allowing up to 10 units per
acre given the adjacent land use densities. While the applicant is requesting an RM-10 zoning
designation they agreed during their presentation to the Planning and Zoning Board to a
maximum of 8 units per acre as recommended by staff. After reviewing the staff report and
discussing the proposal, the Board voted 4-0 to recommend that the requests be approved
subject to a zoning density suffix of 8 units per acre maximum. The Board conditioned the
annexation on, and gave further direction through the Site Plan Review and Appearance Board
(SPRAB), that direct access from Military Trail to the existing single family homes west of the
Gramercy property be accommodated. The request was approved based upon positive findings
with respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is contiguous,
reasonably compact and does not create an enclave; and, that services will be provided to the
property in a manner similar to other similar properties within the City.
\~
City Commission Documentation
Meeting of January 4,2005
Gramercy Annexation, Small-Scale FLUM Amendment with initial rezoning of RM
Page 2
RECOMMENDED ActiON
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from
County HR (High Residential - 8 du/ac) to City MD (Medium Density Residential - 5-12 du/ac),
and the initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac), based upon
the findings and recommendation by the Planning and Zoning Board and set a public hearing
date of January 18, 2005.
Attachments:
P & Z Staff Report of December 20, 2004
ORDINANCE NO. 75-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET
SOUTH OF WEST ATLANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS
PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters are the fee simple owners of parcels of land totaling 5.82
acres and located 710 feet south of West Atlantic Avenue and 260 feet west of Military Trail; and
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters have requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of HR-8
(High Density Residential 8 dwelling units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the RM zoning designation allows between 6 and 12 units per acre; and
WHEREAS, a density suffix may be affixed to provide a maximum designation during the
ordinance adoption process that is less than 12 units per acre based upon performance criteria in
accordance with LDR Section 4.4.6 and the required findings of LDR Section 3.2.2(D); and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of December 20, 2004, and voted 4
to 0 to recommend that the requests be approved with an initial zoning of RM -8 (Medium Density
Residential- 8 units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The West one-half r.:w Y2) of the Southeast one-quarter (SE 1/4), of the Southeast one-quarter
(SE Y4), of the Southeast one-quarter (SE 1/4) of Section 14, Township 46 South, Range 42
East; together with the East 30.00 feet of the East one-half (E1/2) of the Southwest one-
2
ORD NO. 75-04
quarter (SW Y4) of the Southeast one-quarter (SE Y4), of Section 14, Township 46 South,
Range 42 East, lying within Palm Beach County, Florida, being more particularly described as
follows:
Begin at the northwest comer of Lot "B", Mil Atlantic according to the plat thereof as
recorded in Plat Book 95, Pages 167 through 169 of the Public Records of Palm Beach
County, Florida; thence South 000 23' 40" East, along the West line of said Lot "B", a
distance of 695.82 feet to a point on the North line of the Lake Worth Drainage District L-34
Canal according to the Plat thereof as recorded in Plat Book 29, Page 35 and Chancery Case
No 407 as recorded in Official Records Book 6495, Pages 721 all of the Public Records of
Palm Beach County, Florida; thence South 890 12' 56" West, along said North line, a
distance of 364.75 feet to a point on the West line of a 60 foot right-of-way easement as
recorded in Official Records Book 9354, page 983 of the Public Records of Palm Beach
County, Florida; thence North 000 22' 47" West, along said West line, a distance of 694.06
feet to a point on the North line of said 60 foot right-of-way easement; thence North 880 56'
17" East, along said North line and the South line of Tract 1, Delray Commons as recorded
in Plat Book 85, Pages 183 and 184 of the Public Records of Palm Beach County, Florida, a
distance of 364.59 feet to the point of beginning.
The subject property is located 710 feet south of West Atlantic Avenue and 260 feet west of
Military Trail.
Section 3 That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4 That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5 That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6 That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 dul ac).
3
ORD NO. 75-04
Section 7 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)3.
Section 8 That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM (Medium Density Residential) District as defined by
existing ordinances of the City of Delray Beach.
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 11 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 12 That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 75-04
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
December 20,2004
IV.B.
Future Land Use Map (FLUM) Amendment from HR-8 (High Residential-
8 du/ac on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 du/ac) and rezoning from AR
(Agricultural Residential) to RM-10 (Medium Density Residential 10
du/ac) for a 5.82 acres property located on the west side of Military Trail
just 700' south of Atlantic Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Home Devco Corporation of South
Florida
Agent................. ....... .................. Miller Land Planning Consultants,
Inc.
location...................................... West side of Military Trail,
approximately 700 ft. south of
West Atlantic Avenue.
Property Size.............................. 5.82 Acres
Existing County Future land Use
Map Designation ........................ HR-8 (High Density Residential- 8
units/acre)
Proposed City Future Land Use
Map Designation.........................
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning........ ... .... .North:
East:
South:
West:
Existing land Use.... .... ..............
Proposed land Use....................
~"
Water Service.................... .........
Sewer Service..... ....... .................
MD (Medium Density Residential
5-12 units/acre)
AR (Agricultural Residential)
RM-10 (Medium Density
Residential - 10 units/acre)
City PC (Planned Commercial)
City RM-8
County RS (Single Family
Residential)
County AR
Vacant land .
Annexation with initial zoning of
RM-10 to obtain City services for
the construction of a town house
development.
Available via connection to an
e~isting 12" water main along the
eastside"of Military Trail and an 8"
main at the southeast corner of
the shopping center to the north.
Available via installation of a lift
station and connection to a 4"
force main along the west side of
Military Trail.
.,ARK[TPLAC[
OF
D[LRA Y
IV.B.
ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Future Land Use Map (FLUM) Amendment from
HR-8 (High Residential - 8 units/acre on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 units/ac) and rezoning from AR (Agricultural Residential) to
RM-10 (Medium Density Residential 6-12 units/acre) for a 5.82 acres parcel located on the
west side of Military Trail just 700' south of Atlantic Avenue.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
BACKGROUNDlpROJEQ,T P.;sqìt'Pl]~N
,
the subject property is 5.82 acres located to the south of Points West Plaza and to the west of
the platted Mil-Atlantic parcels that front on Military Trail. The property is bound to the south
by the LWDD L-34 Canal. To the west are five parcels of approximately one acre each. The
western 60 feet of the subject property includes an access easement tract for these one acre
lots located to the west. The applicant has indicated that the current use of the access tract for
these lots will not be changed by this Voluntary Annexation. The subject property consists of 6
separate parcels with 5 owners plus the access tract described above. Three of these parcels
are undeveloped and the other three contain single family residential homes. The access to
these parcels is currently via the access tract and through the Points West Plaza. The
applicant has indicated that one out of the six (6) parcels have executed water service
agreement with the City of Deiray Beach which contains a voluntary annexation.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The City has an advisory land use designation of
TRN (Transitional) that allows for residential development with a density between five and
twelve units per acre. The applicant has indicated that upon approval of the land use
amendment and rezoning, the subject property will be integrated with Lot "A' and "B" of the Mil-
Atlantic properties to the east for construction of a townhouse development.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from HR-8 to MD and a Rezoning from AR to RM-10.
FUTURE -LAND~:ÜSE':""AP 'ÄI\ftENDMENT ANA[ý~j"$
, , " ,< ' , , ~ ,
- -:,
Current Land Use Desianation: The current land use map designation for the property is
County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation is
TRN (Transitional).
Reauested Land Use Desianation: The requested Future Land Use Designation is to City
MD (Medium Density Residential 5-12 du/ac).
Florida· Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
Planning and Zoning Board J\. ing of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amt;..dment
Page 2
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
· The amendment does not exceed 10 acres of land;
· The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas; and,
· The proposed amendment does not involve the same property, or the same
owner's property within 200' feet of property, granted a change within a period
of twelve months.
· That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
· The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future land Use Map for a site-specific small scale
development activity; and,
· The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future land Use Map amendment involves a 5.82 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area. The proposed amendment to Medium Density has
a density range of 5-12 du/ac (MD) and is being proposed concurrently with a request for
annexation and initial zoning of RM-10 to accommodate a townhouse development. Staff is
recommending that given the adjacent development pattern a maximum density of 8 units per
acre should be applied. With or without this limit the property would be limited to ten or less
units per acre and therefore would not exceed the stated maximum. MD land use designation
allows consistent zoning districts which include single family, and low and medium density
multiple family developments. This amendment along with other small-scale amendment
pro~essed this year, outside the designated areas, will not exceed 60 acres. This property has
not previously been considered for a land use amendment nor has the same property owner's
properties been granted a land use change within 200' feet, within the last year. The
amendment does not involve a text change to the Comprehensive Plan and it is not located
within an area of crîtical state -concern. Given the above, the proposed FLUM amendment can
be processed as a small scale amendment.
Land Use Analvsis:
Consistency Between the City and County land Use Designations:
The proposed City Land Use Map Designation for the property is MD (Medium Density
Residential 5-12 du/ac). The existing County Future land Use Map Designation for the
property is HR-8 (High Density Residential - 8 du/ac). The City's MD land Use Map
Planning and Zoning Board' jng of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FlUM Am€;. .dment
Page 3
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The current advisory "Transitional" residential designation allows
multiple family development as well as office and limited commercial development. The City's
FLUM designation as initially contained on the City's Future Land Use Map adopted by
Ordinance 82-89 in November 1989, (and as formally amended subsequently) are deemed to
be advisory until an official Future Land Use Map Amendment is processed.
Adiacent land Use Map Designations. Zoning Desianations and land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Planned Commercial (PC) Shopping Center (fka Babies "R" Us
Plaza)
South: Palm Beach County Single Family Single Family Subdivision (Country
Residential (RS) Club Acres)
East: Medium Density Residential (RM-8) Vacant Land
West: Palm Beach County Agriculture Three Single-Family Residences &
Residential (AR) Three Vacant Lots
North: North of the subject property, has a City Land Use Designation of GC (General
Commercial) and is zoned PC (Planed Commercial). The property is developed and contains
a shopping center (fka Babies "R" Us Plaza).
South: To the south, across the L-34 Canal, has a Palm Beach County land use designation
LD (Low Density Residential) and an advisory City Land Use designation of Low Density
Residential 0-5 du/ac. The property is zoned County RS (Single Family Residential). The
existing land use is a single family subdivision known as Country Club Acres.
West: The abutting property to the west has a Palm Beach County land use designation of
HR-8 with an advisory City land use designation of Transitional and is zoned AR (Agricultural
Residential). The existing land uses are three single family residences and three vacant lots.
East: " East of the property has a City land use designation of MD (Medium density Residential)
5-12 du/ac) and is zoned RM-8 (Medium density Residential - 8 du/ac). The property is
currently vacant.
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning
districts which accommodate single family and multiple family units (R-1 thru R-1-AAA, RL,
PRO, and RM) are allowed. The applicant has requested an initial zoning designation of RM-
10 (Medium Density Residential - 10 du/ac). This zoning is consistent with the proposed land
use designation.
Planning and Zoning Board I\. ing of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amt.; .Jment
Page 4
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to lDR Section 3.1.1, prior to approval of land Use applications, certain
findings must be made in a form which is part of the official record. This may. be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
o Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent-·
with the applicable land use designation as shown on the Future land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as
shown on the Future Land Use Map. The proposed Medium Density Residential (RM)
zoning district is consistent with the proposed Medium Density Residential (MD) FLUM
designation. Multiple-family townhouse developments are allowed in an RM zoning district
as a permitted use at a base rate of six (6) units per acre. Increases above that density
are only allowed if the subsequent development substantially complies with the
performance standards listed in LOR Section 4.4.6(1). Compliance with these performance
standards will be assessed at site plan approval. Based on the above, positive findings can
be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from HR-8 to MD on six adjoining
parcels, which total approximately 5.82 acres. The proposed FLUM Amendment will result
in an increased impact on adopted concurrency standards. Concurrency findings with
respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: The annexation of the property to accommodate a town house
development will create an additional impact on park and recreational facilities. The
proposed RM-10 zoning district will allow 58 units. While the recommended staff
designation of' RM-8 woulEl allow a maximum of 46 on this property. Pursuant to Land
Development Regulations (LOR) Section 5.3.2, a park impact fee of $500.00 per dwelling
unit will be collected prior to issuance of a building permit for each unit. Based upon the
proposed FLUM Amendment and Rezoning, the maximum allowable density (10 du/ac)
would allow 58 dwelling units, thus requiring a park impact fee of $29,000 or at RM-8 a
park impact fee of $23,000.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. The Palm Beach County School District has
Planning and Zoning Board I\¡ ing of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amt.." ....ment
Page 5
approved the development proposal for compliance with the adopted Level of Service for
School Concurrency.
Solid Waste: Three out the six subject properties currently contain single family homes and
therefore have a minor impact on this level of service standard. Assuming the proposed
maximum density (10 du/ac), the subject properties will generate 30.16 tons of solid waste
per year (0.52x58=30.16). The increase can be accommodated by existing facilities and
thus, will not have a significant impact on this level of service standard.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the southeast corner of the
abutting shopping center to the North (Points West Plaza). With future development of this
property, looping of these systems as well as 8" main extensions and stub outs to adjacent
properties will be required. Along the new mains, fire hydrants will have to be installed with
a minimum spacing of 300' feet if the proposed town houses are constructed as a 3 story
structures, or a 400 féet spacing for multi-family structures up to 2 stories high. Pursuant.
to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment
Plant at build-out.
Sewer: Sewer service is available adjacent to the site via an existing 4" force main along
the west side of Military Trail. With future development, the installation of a lift station and
sewer main extensions to the west property line will be required. The lift station must be
designed to accommodate future developments to the west (approx. 6 acres). Country
Club Acres to the south is served by county services. Pursuant to the Comprehensive Plan,
treatment capacity is available at the South Central County Waste Water Treatment Plant
for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Thé--following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
!Il the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. ' This r-e-quirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
, the proposal involves annexation of unincorporated property which requires changing the
FLUM designation from' County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows residential {single and
Planning and Zoning Board ft. 1ng of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amt;,."'ment
Page 6
multiple family, offices and retail). As the City's FLUM designation is being applied this
policy does not apply. However, it is noted that the proposed RM-10 designation would
allow a greater maximum density (10 dulac) than is currently allow under the county
designation of (HR-8) which is 8 du/ac. Further more given the adjacent land use patterns
and density, a maximum density of 10 du/ac is not compatible. It is recommended later in
this report that a zoning suffix limiting the maximum development to 8 dulac is more
compatible and appropriate.
Housinø Element Policv 8-2.2: The development of new adult oriented communities
within the city is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 or 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for projects having
fewer than 25 units.
The subject property (5.82 acres) will be combined with the 7.81 acre (Mil-Atlantic Lot "A"
and "B") site (located to the east) to accommodate a 13.63 acre town house development.
The properties extensive frontage along Military Trail along with the depth provided by the
six (6) Gramercy parcels (subject of this annexation) is an appropriate location for a multi-
family development. Provided that the future townhouse development accommodates
households with a range of ages, with an activity area for toddlers and teens, and a varied
combination of bedrooms positive findings can be made with respect to this policy.
Future Land Use Element Objective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complimentary to the adjacent residential areas. Under
the MD FLUM designation, a range of 6 to 12 du/ac is allowed. As previously stated and
further discussed under the Zoning Analysis section of the report, development at the
maximum density is not complementary to the adjacent land uses. The requested zoning
designation of RM-10 will be incompatible with the adjacent development patterns.
However, if a zoning designation of RM-8 limiting the maximum development to 8 units per
acre is considered, similar to the properties along Military Trail and adjacent multifamily
residential properties in the area, a positive finding can be made. The property is bound on
the south by the LWDD L-34 Canal, and the north is the Points West Plaza. The requested
RM-10 zoning if reduced to a maximum of 8 dulac (RM-8) would be similar to properties to
the east and west (CocOIlut Key). The property immediately to the west is currently
designated by the City with an advisory TRN (Transitional) land use designation and will
probably be developed under similar regulations and densities as the proposed RM-8 for
this subject property. It is noted to the west of these unincorporated parcels are city parcels
also limited to 8 du/ac. The existing single family subdivision located to the south has a
designated land use of LD (Low Density residential). The subdivision is separated by the
LWDD L-34 canal and landscape buffering will have to be provided around the perimeter of
the subject property to mitigate any potential impacts.
Planning and Zoning Board N :ng of 12/20104: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amt.>...Jrnent
Page 7
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, if limited to a maximum density of 8 du/ac this designation will be
compatible with adjacent development patterns. Homeownership is a characteristic of this
designation. Consequently, compatibility with the abutting low density residential properties
to the south (Country Club Acres) and west (Breezy Acres) is not a major concern. With
development of the site as a town house development, the City requires that trees must be
installed every 25' along the south and west property line abutting single family residences.
Along with other LOR requirements this will assure compatibility with surrounding uses.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
During the site plan review process the development proposal will be reviewed for
compliance with the LOR. The applicant has indicated intent to develop the properties as a
multiple-family townhouse development, which is permitted under the requestè-d RM zoning
district and is compatible with the proposed MD FLUM designation. At this time no issues
have been identified which would prohibit compliance with the requirements of the RM
zoning district. Buffering particularly with respect to the adjacent single family area to the
south will be required.
L' '
~NNEXATION ANALYSIS
;1
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, the total 10 acres is currently an enclave. This action will reduce
this enclave which is consistent with Florida Statutes. As the remaining enclave now
will be ,under 10 acres the City in the near future will implement an interlocal
agreement with Palm Beach County and annex the balance of this enclave.
Land Development Reau1ations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
an~exation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
· ,
Planning and Zoning Board r ~jng of 12/20/04: Staff Report
Gramercy - Annexation with.. ..dal Zoning of RM and Small-Scale FLUM Am, Jment
Page 8
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the west side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the rT1anner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Deiray Beach's Pqlice Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time is
significantly improved upon annexation. Annexation will not require additional manpower
since the police currently pass the property during routine patrolling to the north, west and
east of the property.
Fire and Emerqencv Services: The municipal area is served by Fire Station NO.4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water, sewer, schools, Parks and recreation have
previously been discussed under Future Land Use Analysis section of this report.
Streets: Access to the property is currently from Atlantic Avenue through the Points West
Plaza to the north which connects through a private access tract with cross access
ea~ements which run through and behind an existing shopping center. The applicant has
indicated that upon approval of the annexation, the subject property will be combined with Lot
"A" and Lot "B" of the Mil-Atlantic properties to the east and a site plan application will be
submitted for a town house development. Thereafter, the subject property will have direct
access to Military Trail which is under the jurisdiction of Palm Beach County. The
jurisdictional responsibility and associated road maintenance will not change upon
annexation. It is further noted that an access tract is dedicated along the north of the Mil-
Atlantic parcels to provide future access to the parcels that remain in the County. Access to
the remaining parcels west of this annexation request must be accommodated with future
development of these parcels. Abandonment of this existing easement will not be supported
unless other means of access from Military Trail is provided through this project.
A revised traffic study for the subject property has been submitted. A letter from the Palm
Beach County Traffic Division has been received stating that the proposal complies with the
Planning and Zoning Board " Ing of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amb. ....ment
Page 9
Traffic Performance Standards in Article 12 of the Palm Beach County Land Development
Code. Based upon the above a positive finding with respect to traffic concurrency can be
made.
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
~i':': ~.,~.. .~._.-..:. -7 -- :-.-._;:.~-:; . .. ":-: -,-.,-;;;-"': ".. "" '1"""": -~bN ""r""' T~T~~·"I ..n. . - . Î
. .::. . :~..... :.~ -:". t· . .. I
··PÀRCEL ASSESSED ADVALOREM ADVAi..:OREM I TOTAL I
# VALUE 2004 .. . TAXE~. :. '~T~X~~ I TAXES I MILLAGE !
5040 $78,576.00 $1,533.00 $33.00 1,566.00 19.50977
5050 $44,304.00 $864.00 $33.00 897.00 19.50163
5060 $81,084.00 $1,582.00 $33.00 1,615.00 19.51063
5070 $81,084.00 $1,582.00 $33.00 1,615.00 19.51063
5080 $139,947.00 $2,730.00 $234.00 2,964.00 19.50738
5650 $64,466.00 $1,257.00 $224.00 1,481.00 19.49865
5600 $300.00 $5.85 $33.00 38.85 19.50163
TOTAL $489,761.00 $9,553.85 $623.00 $10,176.85 19.50717
For the 2003 tax year the subject property {six parcels} had a combined assessed value of
$489,461. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
·'~··~QN-ADV~LOREM"' .
.. TAXES
Fire/Rescue MSTU 251 142 259 259 448 206 0.96 1567 3.1990 DELETE -1,566.75
Palm Beach County Lib. 42 24 44 44 76 35 0.16 265 0.5406 DELETE -264.76
Palm Beach CO.Lib.Debt 3 2 3 3 6 3 0.01 20 0.0404 DELETE -19.78
Children Service Council 54 31 56 56 97 44 0.21 338 0.6902 338.02
Health Care District 86 49 89 89 154 71 0.33 539 1.1000 538.72
Palm Beach County 354 199 365 365 630 290 1.35 2204 4.5000 2,203.93
Palm Beaq, County Debt 21 12 22 22 37 17 0.08 131 0.2677 131.11
Florida Inland Navegation 3 2 3 3 5 2 0.01 19 0.0385 18.86
Public Schools Debt Servo 22 12 22 22 38 18 0.08 134 0.2740 134.20
Public Schools Loc.Board 204 115 210 210 363 167 0.78 1269 2.5920 1,269.47
Public Schools State Law 437 247 451 451 779 359 1.67 2726 5.5660 2,726.01
SFWMD District ; 47 26 48 48 84 38 0.18 292 0.5970 292.40
SFWMD Everglades Const. 8 4 8 8 14 7 0.03 50 0.1021 49.99
City of Delray Beach 7.3700 Added (City) $3,609.54
City of Delray Beach Debt 0.6300 Added (City) $308.55
TOTAL ....... $1,533 $864 $1,582 $1,582 $2,730 $1,259 $5.85 $9,554 4.22001 Difference" $11,620.80
* Tptal tax millage in the county is 19.5075 mills while in the city the total millage is 23.7275
mills. Therefore the difference is 4.22001 mills.
Planning and Zoning Board IV jng of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Am\-. . .Ament
Page 10
The current yearly ad valorem taxes are $9,554. With annexation the yearly ad valorem taxes
will be $11,620.80, (9,554+2,066.80=11,620.80); a tax difference of $2,066.80
(489,461x4.2200/1000=2,066.80). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. If the property is developed as a multiple
family complex or is subdivided for residential purposes, an assessment of $54.00 per unit
would be applied. A 25% discount from the assessment is available since the property is
within the Lake Worth Drainage District. An additional 25% may be available if drainage is
retained on site. As the property is currently vacant, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October, 1, 2003). City's
contract is currently through Waste Management. Pursuant to 'Florida Statute 171.062 (4) (a)
" if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owner:
I~SOMMAR~.aF·t1iU1PACTS~.ôN··THE G·RAMERCY:·SQUARE PROPERTY
~.~...;~~::~::!"' :-:-. ··...·.~~~..!'i'. -:":FINA""C' IAl CONSIDEft A'TIONS' .
~"R:;~~'-':;J'. .,..¡¡¡....: -;: .. ~" -«,.: Ör~ . ,.'11 "'"
AD VALOREM TAXES 2004
City Mills. County Mills
23.7275 - 19.5075 = 4.2200
NON.AD VALOREM TAXES 2004
Storm Water Assessment
Solid Waste Collection remains ststic)
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
~1\.~·:-(,¡·,~~'·":::?:··:·"'-"-'þ;·r·::··~·SERVICE·CONSIDERATIONS' :.~~_~'~- ~\ . ':'.-
Fire Response + Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci ).
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Ci ).
Better response based upon more officers
in field; 14 patrol cars per shift daytime,
15 atrol cars durin the ni ht.
Pro-active vs. reactive opportunity to work
with fO e owners.
+ $2,066.80
$0.00
$0.00
$0.00
+ $2,066.80
Emergency Medical
Søfvices EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.37mills and debt rate
of 0.63 mills, the property will generate approximately $3.918.09 in new ad valorem taxes per
year. With future development, additional revenues will be realized through increased
assessment value, building permit fees, the annual collection of the storm water assessment
fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric,
telephone, and cable.
Planning and Zoning Board" ing of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Am~..Jment
Page 11
The annexation of the property to accommodate a town house development will create an
additional impact on park and recreational facilities. The proposed RM-10 zoning district will
allow a maximum of 58 dwelling units. Pursuant to Land Development Regulations (LOR)
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance
of a building permit for each unit. Based upon the proposed FLUM Amendment and
Rezoning, the maximum allowable density (8 du/ac) would allow 46 dwelling units, this fee
may be reduced to $23,000.
I "!r:~:' ...., .' ''''l '.":'.::I"FISCAE·IMPACT·~O·T"E:CITY
AD VALOREM TAXES 2004
City of Delray Beach (7.37 Mills) $3,609.54
City of Delray Beach Debt (0.63 Mills) $308.55
SUB-TOTAL $3,918.09
NON-AD VALOREM TAXES
Storm Water Utility (47 Units @ $54) $2,538.00
SUB-TOTAL $6,456.09
PARK AND RECREATION IMPACT FEE
Future 47 townhouse development, $500 per unit $23,500.00
TOTAL $29,956.09
ZÒNn~G:;JtNÄtVSfS, . "
. >. """"''''H'~''^''>' .... . ''''''. 4^ ","'.'''''. .
,
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings'are discussed below.
The proposed City zoning designation is RM (Medium Density Residential) while the current
County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: County AR to the west; City RM to the east; City PC
(Planned Commercial) to the north; and County RS (Single Family Residential) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applic~~le objectiv:s and policies are noted:
Housing Element Policy A-3.2 - The most restrictive residential zoning district that is
applicable given existing development patterns and typical lot sizes shall be applied to
these neighborhoods and affixed to the zoning map. Requests for rezoning to a
different zoning designation, other than Community Facilities, Open Space, Open Space
and ,~ecreation, or Conservation shall be denied.
This policy relates to areas which are designated stable residential on the Residential
Neighborhood Categorization Map. The following table identifies the neighboring residential
developments and their respective densities:
Planning and Zoning Board 1\ jng of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amb. .dment
Page 12
Develo ment
Count Club Acres
Breez Acres
The Hamlet
Le ac at Sherwood Forest
Coconut Ke
Sherwood Forest
Densi
3.5 du/ac
3.4 du/ac
1 du/ac
7.93 du/ac
8.00 du/ac
4.45 du/ac
The table indicates that the surrounding single family developments are less than 4.5 dwelling
units per acre. The two multiple family developments have a density less than 8.53 dwelling
units per acre. The Legacy at Sherwood Forest development is the most recently approved
multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a
rezoning of the subject property with a maximum density cap of 8 (RM-8) would be more
consistent with direction given in Housing Element Policy A-3.2 as it would be more consistent
with the development pattern in the area.
Future Land Use Element Policy A-1.5 - As the City has an ample supply of housing
designed to accommodate its seasonal and retirement population, new residential
developments shall be designed for a balanced demographic mix of permanent year-
round residents. This shall be accomplished through the implementation of policies
from Objective 8-2 of the housing element.
Housina Element Policy 8-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
resid~ntial developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed during the site plan review process.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under Land Use section of this report
'*
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the peñormance standards set forth in LDR Section
3.2.2, along with''the required findings in LDR Section 2.4.5(D) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Planning and Zoning Board rt ing of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Am~. Jment
Page 13
Section 3.2.2 (Standards for Rezonina Actions): standard "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable peñormance standards
of Section 3.2.2 are as follows:
A) The most restrictive residential zoning district that is applicable given
existing patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization ,Map. Requests for rezoning to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties, as well as properties to the west (Coconut Key
Townhouses) and to the south (Country Club Acres) are noted as Stabilization area
on the Neighborhood Categorization Map. The rezoning is required with the
annexation request. The proposed RM-10 (Resid~ntial Medium Density 10 du/ac)
zoning designation is not consistent with the prevailing land use patterns and a
suffix of 8 du/ac limiting the maximum density should be applied.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The initial RM-10 zoning designation will accommodate the proposed townhouse
development. Compatibility with adjacent residential development will be directly
related to the density assigned to future development. The City's RM zoning has a
range of 6-12 units per acre, with the maximum density determined based upon
compatibility with the surrounding properties, or application of a density suffix
through the rezoning process. The development potential of the property under the
County's HR-8land use designation is 47 units, which is equivalent to the maximum
allowed under the RM-8 zoning district.
The rezoning of the property with a greater density than RM-8 (Medium Density
Residential 8 du/ac) would result in an incompatibility with the existing residential
development pattern of the area.
The following zoning designations and uses border the property:
-\ "
Direction
Zoning
Uses
North
South
East
West
pç
County RS
RM-8
County AR
Babies uRn Us Plaza
Country Club Acres
Vacant Land
3 Single Family Homes & 3 Vacant Lots
The rezoning of the property to RM-8 would be the maximum density to retain
consistency with the neighborhood development pattern. This would also provide
an appropriate transition of density between the commercial use to the north of the
subject property and the adjacent single family neighborhoods. Thus, it is
appropriate to apply the subject property the density suffix of 8 units per acre.
Planning and Zoning Board 1'\ ing of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Am\;;, .Jment
Page 14
The RM zoning requires a 15' (side interior) and a 25' front and rear building
setback. Since the property may be developed as a townhouse development, trees
will have to be planted every 25' within the landscape strips abutting the single
family residences located to the west and south of the property. Additional
buffering will also be considered during the review of the site plan by the Site Plan
Review and Appearance Board.
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances par:ticular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. The RM-8 is appropriate as it
is consistent with the County HR-8 and the proposed City Medium Density Residential 5-12
du/ac land use designations. Also, these FLUM and zoning designations are consistent with
those granted with the annexation of the property to the east in 1998.
Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach
reserve annexation. The requested zoning is of similar intensity as allowed under the
proposed City MD Land Use Designation. Given the property's location the RM-8 zoning is
more appropriate for the property than the Current County zoning designation of AR
(Agricultural Residential). Based upon the above, this request does fulfill two of the reasons
identified under LDR Section 2.4.5(D) (5).
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Access Easement
The subject property abuts a residential area to the west consisting of 6 lots, which are located
south of the Points West Plaza shopping center. The single family homes obtain access by
traveling through the parking lot of the shopping center, which fronts in Atlantic Avenue. This
tortuous access makes it difficult for emergency vehicles to access the area in a timely
manner. With the development of the Gramercy property (combined with the Mil-Atlantic Lots
"A' and "B" to the east and south), an easement will be required through the property to allow
direct access from Military Trail to the subdivision.
Planning and Zoning Board " jng of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amto., .dment
Page 15
RèVIJ;W~~~J~;rI:tt;ß~
:,
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On December 3, 2004 the Palm Beach County Planning Division was notified of the City's
intent to annex this property. Response has been received indicating that there are no
inconsistencies with Chapter 171, F. S.
Lake Worth Drainaae District:
On December 3, 2004 Lake Worth Drainage District was notified of the City's intent to annex
. - this property. Response has been received and additional right of way for the canal will be
required during the site plan development stage.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courlesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Russel Mawson, Country Club Acres HOA
o Carolyn Zimmerman, President Council
o Hèrbert Levine, Hamlet Residents Association
o Jayne King, PROD (Progressive Residents of Delray)
o Virginia Synder, Old School Square
o Fred and Sandy Beaumont, Country Club Acres HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Attached is a letter of objection from an adjacent single property resident. Additional
letters of support or objection, if any, will be presented at the Planning and Zoning- Board
meeting.
, -
ASSESMENT AND CONCLUSION
I
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City's MD Land Use Map
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The application of an initial zoning designation of RM-10 is not
compatible with the surrounding development pattern and thus, should be limited to 8 units per
acre which is consistent with the proposed FLUM designation, and with the zoning category
assigned for the property to the east.
Planning and Zoning Board' ing of 12/20/04: Staff Report
Gramercy - Annexation with Irudal Zoning of RM and Small-Scale FLUM Am... _Jment
Page 16
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will experience a slight increase in ad valorem taxes. Upon development of the
property for residential purposes, storm water assessment fees will also be imposed.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $3,918.09, a year. With development of the
property, infrastructure improvements which include water and sewer main extensions to the
west side of Military Trail, and the installation of a lift station will offset the costs of providing
these services to the residents to the west.
If the annexation is approved, it is anticipated that a site and development plan will be
submitted. Compatibility of a specific development proposal with the adjacent developments
and the provision of direct access to Military Trail will be required at that time. Based upon the
above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning
application should be approved.
ALTERNATIVE ACTIONS
, :',:1
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations, subject to the following condition:
. That direct access to Military' Trail for properties west of this site be
accommodated through this site with future development.
C. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-10 (Medium Density Residential 10 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
findÎhg that the request and approval thereof is consistent with the Comprehensive Plan
~nd meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations, subject to the following condition:
. That direct acces~ to Military Trail for properties west of this site be
accommodated through this site with future development.
D. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-10 (Medium Density Residential 10 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, and does not meet
the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Planning and Zoning Board 1\ ing of 12/20/04: Staff Report
Gramercy - Annexation with Inl(ial Zoning of RM and Small-Scale FLUM Am,- .Jment
Page 17
RECOMMENDED ACTION
,
E. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential RM - 8 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan, and does meet the
criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations, subject to the following condition:
· That direct access to Military Trail for properties west of this site be
accommodated through this site with future development.
Attachments: Location Map and Survey
Staff Report Prepared by: Estelio Breto, Senior Planner
"
'N
Y BEACH. fL
OTY OF DELRA DEPARTMENT
PLANNING & ZONING
84SE MAP SYSTEM --
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14 September 2004
Planning & Zoning Department
City Hall
100 NW 1st Avepue
Delray Beach, FL 3344
Attn: Estelio Breto
Ref Proposed Annexation, Future Land Use-File# 2004-291 & 2004-292
Board Meeting September 27, 2004
Me. .Breto:
We are writing to express concerns we have for rezoning the 5-acre parcel noted in your advisory. We
live on the property adjacent to this land and we have the following concerns:
. This propo!;alleaves our properties totally land locked by the City ofDelray B·eac~ .
decreasing the value of our propertf Our property w~ more desirable t{) builders as a IO-acre plot
located in one municipality, instead of your proposal to make 5-acres City and 5-acres County.
. Unacceptable access to our property oåginally granted by the County. 'We currently' have to
access our properties via the P~ints West Plaza. (Note: These building are only feet off our
,røadway.)
o Roadway &equently blocked by vehicles loading/unloading to the businesses.
o We know of three instances when emergency vehicles could not arrive in a tim~ly manner
due to the round about way you have 'to access our property.
. Flooding. When the development is built the property win be raised ,making us more susceptible
to flooding. As it st~ now our roadways flood due to rain water run off &om the shopping
center.
We have attended meetings in the Past, such as ~nut Key, a sub-division adjacent to us on the west
side. We expressed concerns about flooding and 'security, we were promised a fence and a fast growing
hedge. To date, there is neither a fence nor hedge instàlled. '
In addition ýou may ~r may nOt tie- aware that we were also' wider CQntract with Home Devco, the saine
builder ~ is requesting this anneXat~n. 1Dey backed o~ jU$t hours before the contract was suppose to
, g~ hard. We feel this annexation request may be a'deliberate-plOy to lower our land value and limit the
access sø as to make it undesirable to any builder other than Home Devco.
- '
F~r we received a letter ftom Anderson & CarT, a P~~pçrty appraiSer hired' by the City of Delray,
bécause the City is ~terested in acquiring this land (includmg the portion you are considering for
annexation) for a park. Is this still a consideration?
--over-
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We are hereby giving notice that we may contest actions ~en by the City ofDelray Beach at this
meeting on September 21 and ask in advance for a copy of the minutes as soon as they can be made
available.
. We thank you in advance for your consideration of our concerns.
Regards>
~~ r~
,1<: ~~\ . .-
Roger bbll1S -
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Barbara Robbins
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CITY OF DELRAY BEACH
NOTICE OF ANNEXATION, REZONING AND
LAND USE CHANGE ORDINANCE NO. 75-04
~'Þ.~mmission will conduct a Public Hearing on TUESDAY. JANUARY 18. 2005. AT
in the Commission Chambers at City Han, }()() N.W. 1 st Avenue, I5eIr~ Beach,
Fori (or at an)': continuation of such meeting Which is set by the City Commission). At this
meeting the City, Commission will consider annexing this property and adopting this small scale
amendment to the Future Land Use Map of the Comprehènsive Plan and the rezoning. The tirle
of the enacting ordinance is as follows:
· A small scale Future Land Use Map (FlUM) amendment FROM County HR-S (High Density
Residential 5-12 dwelling units per acre) TO City MD (Medium Density Residential 5-12
dwelling units per acre) and annexation with initial City zoning of RM-8 (Medium Density,
Residential-S dWelling units per acre) fbr Gramercy, locatéd 260 feet west of Military Trail ana
710 feet south of West Atlantic Avenue.
ORDINANCE NO. 75-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA
ANNEXING TO THE OTY Of DElRAY BEACH, A PARCEL OF lAND LOCATED 710 FEET
SOUTH OF WEST ATlANTIC AVENUE AND 260 FEET WEST OF MlUTARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HERBN, WHICH lAND IS CONTIGUOUS TO EXISTING MUNICI-
PAl UMlTS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVID-
ING FOR THE RIGHTS AND OBUGATlONS OF SAID lAND; AFFIXING AN OfFICIAl lAND
USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAl 5-12 DU/ AC) FOR SAID lAND
TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PlAN; ELEOlNG
TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALl SCALE lAND
USE PlAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM
DENSITY RESIDENTlAl-8 UNITS PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAl LOCATION OF THE PROPERTY TO BE
ANNEXED IS SHOWN BelOW. A COMPlETE LEGAL DESCRIPTION BY LOT AND SUBDIVI-
SION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE
NAMED CAN BE OBTAINED. FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W.
1 ST AVENUE, DElRAY BEACH, flORIDA.
All interested citizens are invited to attend the public heari~ and comment upon the proposed
ordinance or submit their comments in writina on or befòí-e the date of tliis hearing to the
Planning and Zoning Department. For further mformation or to obtain a copy of the proposed
ordinan~, please contact the Plannin~ and Zoning ~rtment, City Hall, 100 N.W. 1st
Avenue, Def~ Beach, florida 33444 email at pzmail@mydelr'ayplanning.of9¡ or by calling
(5~ 1)243-7040), betWeen the hours 0 8:00 a.m. and 5:00 p.m. on weelèdays exduding
holIdays. _ePLEASE BE ADVISED THAT If A PERSON DECIDES TO APPEAL I#'( DECISION MADE BY THE
CITY COMMISSION WITH RESPECT TO I#'( MATTER CONSIDERED AT THIS HEARING SUCH
PERSON WIll NEED A VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT
TO F.S. 286.0105.
CITY OF DElRAY BEACH
Chevelle D. Nubin
Cdy~
Boca Raton/Deltpy Beach News
MUSH: Th~, January 6, 2005
AdI NS01053
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