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Ord 19-01ORDINANCE NO. 19-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF BARWICK ROAD AND L-31 CANAL, 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 LD (LOW DENSITY, 0-5 UNITS/ACRE) 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 R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Carol J. and R. O. Priest are the fee simple owners of a 1.01 acre parcel of land located on the Northwest comer of Barwick Road and L-31 canal; and WHEREAS, Carol J. and R. O. Priest 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 MR-5 (Medium Density residential-5 du/ac); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is LD (Low Density, 0~5 units/acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Furore Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of February 26, 2001, and voted 7 to 0 to recommend that the requests be approved with an initial zoning of R-l-AAA (Single Family Residential), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which res contiguous to said City to-wit: The South one fifth (S 1/5) of the East one half (E 1/2) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, Subject to an easement for road right-of-way over the East 40 feet thereof. The subject property is located on the Northwest Comer of Barwick Road and L-31 Canal. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density, 0-5 units/acre). 2 ORD NO. I9-01 Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 7. 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 R-l-AAA (Single Family Residential) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Depamnent 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 affm-ning 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.  D AND ADOPTED in regular session on second and final reading on this the Mo:t/° day of ,2001. ATTEST City Clerk First Reading Second Reading 3 ORD NO. 19-01 PiNE TREE DRIVE SUNRISE BOULEVARD BANYAN CREEK ELEMENTARY SCHOOL OUTBACK NURSERIES INC. _'Iii SABAL SOU TH 135 ROAD SOUTH SUN SERVICE IIIIIIIIIIIIIIl~ C / T Y BIIBL / M / T S IIIIIImllllllllllllllllllll CANAL L-51 SEA COU N T COUNTRY MANO ROAD LAKE N.W. 9TH ST BARWICK PARK IDA ROAD CITY OF D~LRAY BI[ACH, FL PLANNING & ZONING D[PAR'~IIrNT PRIEST PROPERTY ANNEXATION J REZONING FROM: PALM BEACH COUNTY AR (AGRICULTURAL RESIDENTIAL) TO: CITY OF DELRAY BEACH R-l-AAA (SINGLE FAMILY RESIDENTIAL) F.LU.M. AMENDMENT FROM: PALM BEACH COUNTY MEDIUM DENSITY RESIDENTIAL (5 UNITS/ACRE) TO: CITY OF DELRAY BEACH LD (LOW DENISTY, 0-5 UNITS/ACRE) -- 01¢11;4L 84.~£ ~ SYS~'M -- MAP R£F LM496 Har-P7-PS~I 87:~7pe 81-- 115893 ORB ~L;~,~9 Pg 1.7:L~ I BII II II I B II Ill i B II III IIIII II I II III ItlIIIBI OR.DINANCE NO. 19-01 AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF DELRAY BEACH, FLORIDA ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON TI~ NORTHWEST CORNER OF BARWICK ROAD AND L-31 CANAL, AS MORE PARTICI. R,ARLY DESCRIBED HEREIN, WI-HCH lAND IS CONTIGUOUS TO EXISTING MUNIC~AL L]M~S; 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 LD O-,OW DENS1TY, 0-$ UNITS/A~) FOR SMD LAND TO THE ~ 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 R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Carol $. and R. O. Priest are the fee simple owners ofa 1.01 acre parcel of land located on the Northwest comer of Barwick Road and L-31 canal; and WHEREAS, Carol J. and R. O. Priest have requested by voluntary petition to have the subjec~ property annexed into the mun/cipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of th~ City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordanc~ with Section l?l.0~.{ 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 MR-5 (Medium Density residential-5 du/ac); and WHEREAS, the Advisory Future l. and Use Map designation for the subject property in the City d Delray Beach, Florida, is LD (Iow Density, 0-5 units/acre); and WHBREAS, the City's FLUM designations as initially contained on the Ci~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 ORtit 1E~409 P§ 1711 WHBP~AS, the designation of a zonin~ classification is part of this proceeding, and the pmvision~ of Land Development Regulations Chapter Two have been followed in establishing the pwposecl zoning designation; and WHEREAS, pursuant to I. DR Section 2.2.2(6), the Planning and Zoning Board held a publi~ hearing and considered the subject matter at its meeting of February 26, 2001, and voted 7 to 0 to recommend that the requests be appwved with an initial zoning of R-l-AAA (Single Family Residential). based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE crrY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That the City Comm/ssion of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Flor/da, which lie~ contiguous to said City to-wit: The South one fifth (S 1/5) of the East one half (E 1/2) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 12, Township 46 South, Range 42 Palm Beach County, Florida, Subject to an easement for road right-of-way over the East 40 feet thereof. The subject property is located on the No,west Comer of Barwick Road and L-31 Canal. ~ection 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include .therein the above-described tract of land and said land is hereby declared to be within the corporate !imi~ .of the City of Delray Beach, Flor/da. Section 3. That the land hereinabove described shall immediately become subject to all of tl~ franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in 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 Flor/da Statutes Chapter 197, and persona residing thereon shall be deemed citizens of the City of Delray Beach, Flor/da. Section 4. That this annexation oftbe subject property, including adjacent mails, 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 ami conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially a/rxxed as LD (Low Density, 0-5 units/acre). 2 ORD NO. 19-01 · ORB 1E~4~9 P§ 1~1::~ Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.31 $70 Xc)3. Section ?. That Chapter Two of the Land Development Regulations has been followed in ~:guablishment of a zonlnE classification ill this ordinallce and the tract of land hereinabove described is hereby declared to be in Zoning District R-l-AAA (Single Family Residential) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same hereby repealed. ~ection 9. That should any section or provision of this ordinance or any portion thereof; any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, mediately 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. Il'challenged, the effective daiz 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. Ifa final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming ifs effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureaa · of Local Planning, 2740 Centerview Drive, Tallshassee, Florida 32399-2100. D AND ADOPTED in regular session on second and final reading on this the ~ day of ATTEST City Clerk First Reading Second Reading ORD NO. 19-01 12409 P§ 1713 PINE TREE DRIVE SUNRISE BOULEVARD BANYAN CREEK ELEMENTARY SCHOOL OUT~ACK NURSERIES INC. "tl SABAL SUN SER VI CE CITY SOUTH IIIIL I M / T S mllllllllllllllllllllllllll 153 ROAD SOUTH CANAL L-31 SEA SEA SABAL C O U N T MANO ROAD LAKE N,W. gTH ST BARWICK PARK IDA ROAD Cl"~ OF' DF. LRAY BEACH, FL I=~.ANNiNG .w ZONING D~:PARTMIrNT -- ~:~,~r/./. ~ 4~,4P S'~Z'E~ -- PRIEST PROPERTY ANNEXATION REZONING FROM: PALM BEACH COUNT~AR (AGRICULTURAL RESIDENTIAL) TO: CITY OF DELRAY BEACH R-I~A (SINGLE FAMILY RESIDENTIAL) F.L.U.M. AMENDMENT FROM: PALM BEACH COUNTY MEDIUM DENSITY RESIDENTIAL (5 UNITS/ACRE) TO: CITY OF DELRAY BEACH LD (LOW DENISTY. 0-5 UNITS/ACRE) , MAP R[F LM496 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM /O t~ - REGULAR MEETING OF MARCH 20~ 2001 ORDINANCE NO. 19-01 (ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT & INITIAL ZONING MARCH 16, 2001 This is second reading for Ordinance No.19-01 that provides for annexation, a small scale Future Land Use Map (FLUM) amendment from County MD (Medium Density Residential 5 dwelling units/acre) to City LD (Low Density Residential 0-5 dwelling units/acre), and initial zoning to R-l- AAA (Single Family Residential District) for a parcel of land located at the northwest comer of Barwick Road and the Lake Worth Drainage District Canal L-31. The subject 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. The 1.01 acre property contains an existing 3,820 square foot two-story single family home and a detached 1,204 square foot cottage. The applicant is seeking annexation into the City to obtain City water service. The Planning and Zoning Board held a public hearing in conjunction with the requests on February 26, 2001, and after reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the Land Development Regulations, and polities of the Comprehensive Plan. At first reading on March 6m, the City Commission passed the ordinance by a vote of 5-0. This is a quasi-judidal hearing. Recommend approval of Ordinance No. 19-01 on second and fmal reading. Ref.~gmemo21.Ord. 19-01AnnexSmall FLUMZoningBarwick2nd reading3-20-01 ORDINANCE NO. 19-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF BARWICK ROAD AND L-31 CANAL, 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 LD (LOW DENSITY, 0-5 UNITS/ACRE) 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 Rol-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Carol J. and R. O. Priest are the fee simple owners of a 1.01 acre parcel of land located on the Northwest comer of Barwick Road and L-31 canal; and WHEREAS, Carol J. and R. O. Priest 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 MR-5 (Medium Density residential-5 du/ac); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is LD (Low Density, 0-5 units/acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of February 26, 2001, and voted 7 to 0 to recommend that the requests be approved with an initial zoning of R-1-AAA (Single Family Residential), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The South one fifth (S 1/5) of the East one half (E 1/2) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, Subject to an easement for road right-of-way over the East 40 feet thereof. The subject property is located on the Northwest Comer of Barwick Road and L-31 Canal. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Dekay Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density, 0-5 units/acre). 2 ORD NO. 19-01 Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 7. 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 R-l-AAA (Single Family Residential) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of 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 ~ ,2001. day of ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 19-01 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 26, 2001 IV.C. Future Land Use Map Amendment from County MR-5 (Medium Density Residential-5 du/ac) to City LD (Low Density, 0-5 units/acre) and Annexation with Initial Zoning of City R- 1-AAA (Single Family Residential) for a Parcel of Land Located on the Northwest Corner of Barwick Road and L-31 Canal. GENERAL DATA: Owner/Applicant/Agent .............. Carol J. & R.O Priest Location .......................... Northwest corner of Barwick Road and L-31 Canal Property S~ze .......................... 1.01 Acres Existing F.L U.M. Designation ....... County MR-5 (Medium Density Residential-5 du/acre) Proposed F.L U.M. Designation ....... City LD (Low Density, 0-5 units/acre) Existing Zoning ........................... County AR (Agricultural Residential) Proposed Zoning .................. City R-l-AAA (Single Family Residential) Adjacent Zoning ................... North: County AR (Agricultural Residential) East: City PRD (Planned Residential Development) South: City RM (Multiple Family Residential-Medium Density) West: County AR Existing Land Use .................... Single Family Residence and Guest Cottage Proposed Land Use ....................... Annexation to receive City Services. Water Service ............................... Available via connection to an existing 12" water main in Barwick Road. Sewer Service ............................... Available via connection to an existing 6" force main in Barwick Road. rOAD SUCK FARM LAKE IDA ROAD IV,C. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map (FLUM) amendment from County Medium Density Residential (five dwelling units per acre) to City LD (Low Density Residential - zero to five dwelling units per acre) with an initial zoning of R-l-AAA (Single Family Residential). The subject property is located at the northwest corner of Barwick Road and the Lake Worth Drainage District Drainage (LWDD) Canal L-31. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. The 1.01-acre property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is also located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The property contains an existing 3,820 square foot two-story single family home and a detached 1,204 square foot cottage. There is no land use history available on this property. Requests for Annexation, Future Land Use Map amendment and Initial Zoning have been submitted to accommodate the R-l-AAA (Single-Family Residential) zoning designation for the subject property, and are now before the Board for action. As noted above, the property contains an existing single family home and detached cottage. The applicant has requested the annexation, FLUM, and rezoning changes in order to obtain City services such as municipal water. The applicant has indicated that there are no plans to redevelop the property and its use will remain as it exists at this time. Current and Requested Land Use Designations: The current County Future Land Use Map designation for the property is Medium Density Residential (Five-Dwelling Units Per Acre). The current City "advisory" designation for this property is LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). The requested Future Land Use Map change is to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). Florida Statutes 163.3'187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local Pianning and Zoning Board Staff Report Priest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 2 government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: El 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; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; 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 0.88-acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) is less than the maximum 10 dwelling unit per acre limit set for residential amendments. The property is not located within a designated redevelopment, urban infill, downtown revitalization, or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. The property has not previously been considered for a land use amendment nor has the same property owner's properties, within 200 feet, been granted a land use change, 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 critical state concern. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. According to the City's Comprehensive Plan, the Agricultural, Rural Residential, R-1-A through R-l-AAA (Single Family Residential), RL (Low Density - Multiple Family), PRD (Planned Residential), CF (Community Facilities), OS (Open Space) and OSR (Open Planning and Zoning Board Staff Report Pdest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 3 Space & Recreation) zoning districts are consistent with the LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation. The accompanying annexation and initial zoning application is seeking an R-l-AAA (Single Family Residential) zoning district. The existing single family residence is a permitted use within the R-l-AAA zoning district. The guest cottage is allowed as an accessory use to the single-family residence. The R-l-AAA zoning designation is consistent with the proposed LD FLUM designation. Consistency between the City and County Land Use Designations: The proposed City Future Land Use Map designation for the property is LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). The existing County Future Land Use Map designation for the property is Medium Density Residential (Five- Dwelling Units Per Acre). The City's FLUM designation is consistent with the County's Medium Density Residential designation with respect to allowable density. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposed FLUM amendment will fulfill Future Land Use Element Policy B-3.3, stated as follows: Future Land Use Element Policy B-3.3: "The City has petitioned Palm Beach County to make changes to its FLUM in order for there to be consistency between City and County FLUM designations within the De/ray Beach Planning Area. Once consistency is achieved, the City shall petition for an interlocal agreement wherein provisions shall be made that the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel. Fo/lowing any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries." As noted previously, the proposed City FLUM designation of Low Density is the most similar to the County's Medium Density designation. The Planning and Zoning Department shall be responsible for updating the Future Land Use Map to reflect the boundary change and subsequent designation change. Since this Comprehensive PI;,nning and Zoning Board Staff Report Priest- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 4 Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. The proposed FLUM amendment will also fulfill Future Land Use Element Policy B-3.2, stated as follows: Future Land Use Element Policy B-3.2: "Water and sewer facilities shall be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services." Since the property is already eligible for annexation, the owner has agreed to a voluntary annexation. Upon annexation, it is necessary to change the FLUM designation from the County's to the City's. The proposed Low Density designation is the most appropriate given the similarity to the County's Medium Density designation with respect to allowed density. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves the annexation of land that is currently developed with a single family residence and guest cottage. Therefore, at the time of annexation there will be no significant impact on the provision of water, sewer, drainage, streets/traffic and solid waste services. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). If the property were redeveloped, it would be possible to construct 4 single family homes at the maximum density allowed under the LD FLUM designation (5 du/acre X 0.88 acres = 4.4 du). Therefore, this is the highest possible intensity. However, based upon the proposed R-l-AAA zoning requirements, no additional units can be accommodated on the property unless it is aggregated with adjacent property. As described below, the impact on the level of service standards would be minimal: Traffic: The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance Standards Ordinance for single family homes is 10 ADT (Average Daily Trips). Therefore, the redevelopment would generate a total of 40 ADT. The net increase of only 30 ADT will not significantly impact the surrounding roadway network. Planning and Zoning Board Staff Report Priest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 5 Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill. The current development of the property with one single family home generates approximately 1.99 tons per year of solid waste. If the property were redeveloped with 4 single family homes, the solid waste generation would increase to approximately 7.96 tons per year. The potential additional 5.97 tons of solid waste per year generated by the redevelopment will not significantly affect the solid waste disposal LOS. Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. Parks and Recreation: The Parks and Recreation Element of the Delray Beach Comprehensive Plan indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. This analysis indicates that the redevelopment of the subject property would have an insignificant impact on the provision of public services. Based upon the above, a positive finding with respect to concurrency can be made. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations & Land Uses: North and West: The subject property is bordered on the north and west by existing single family residences that are under Palm Beach County jurisdiction with a County Medium Density Residential (Five Units Per Acre) Future Land Use Map designation and AR (Agricultural Residential) zoning designation. South: To the south of the subject property, across the LWDD L-31, is an existing multiple family residential development (Country Manors), which is located in City of Delray Beach with a Future Land Use Map designation of MD (Medium Density Residential - 5-12 Dwelling Units Per Acre) and a RM (Medium Density Residential) zoning designation. East: To the east of the subject property (across Barwick Road) is vacant property, which is located in City of Delray Beach, with a MD (Medium Density Residential - 5-12 Dwelling Units Per Acre) Future Land Use Map designation and PRD (Planned Residential Development) zoning designation. This property is part of the Sabal Planning and Zoning Board Staff Report Priest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 6 Lake PRD and can be developed at approximately eight units per acre pursuant to the Master Development Plan. The surrounding properties all have residential FLUM designations. The properties to the north and west are predominately existing single family residences. The Country Manors residential subdivision to the south is multiple family and the vacant property to the east (Sabal Lakes Phase IV) is approved for multiple family development. The proposed FLUM designation will be compatible with the surrounding area. Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. There is no development proposal associated with this FLUM amendment. However, any future redevelopment of the property will be required to comply with the City's Land Development Regulations at that time. Compliance of the existing development with the development standards for the proposed R-l-AAA district is discussed later in the "Zoning Analysis" section of this report. Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Analysis: The property is contiguous to the City on the east (across Barwick Road), and on the south (across the L-31 Canal) and is reasonably compact. This annexation will not create an enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "E" on the north side of Lake Ida Road between Barwick Road and Military Trail. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zoning Board Staff Report Priest- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 7 CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4, which is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north, south and east of the property. Fire and Emergency Services: With annexation, the property will receive an improvement in response time from the current 7 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately three minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). The annexation of this property will not require additional manpower. Water: Municipal water service is available via connection to an existing 12" water main located along the east side of Barwick Road. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage is currently accommodated on-site via a septic system. While a 14" force main is located along the west side of Barwick Road, a connection to the City system will only be required when a gravity system is available or with future redevelopment of the property. Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The property has direct access to Barwick Road, which is under the jurisdiction of the City. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. It is noted that the property contains a 40'-wide roadway easement along the east side of the property. With future development, a right-of-way deed will need to be executed. The existing single family home generates approximately ten Average Daily Trips. Planning and Zoning Board Staff Report Priest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 8 Parks and Open Space: The annexation of the property, which contains a single family residence and guest cottage, will not create a significant impact on park and recreational facilities. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will not change, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 2000 tax year the subject property had an assessed value of $166,447, however, with the $25,000 homestead exemption, the taxable value will be $141,447.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt 2.9129 Deleted (County) .5246 Deleted (County) 7.2600 Added (City) .6900 Added (City) 4.5125 Difference* * Total tax millage in the County is 19.6117 mills while in the City the total millage rate is 24.1242 mills. The current yearly ad valorem taxes are $2,774.01. With annexation the yearly ad valorem taxes will be $3,412.30; a tax difference of $632.61. In addition to property taxes, the following Non Ad Valorem assessments apply: Delray Beach Storm Water Utility - This equates to $40.50, based on the 25% discount from the assessment because the subject property is located within the Lake Worth Drainage District. Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste service provider will remain with BFI upon annexation. Planning and Zoning Board Staff Report Priest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 9 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 00/01 County of 19.6117 to City 00/01 rate 24.1242 mills (4.5125) +$632.61 NON AD VALOREM Stormwater Assessment Solid Waste Collection $40.50 $96.96 WATER & SEWER UTILITY FEES $249.60 (Base fees only, additional fees are based on usage $1.20 per 1,000 gallons for water and $1.87 per 1,000 gallons of sewer service). ANNUAL FINANCIAL IMPACT: +$1,019.67 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 7.0 minutes (County) to 3 minutes (City) EMS + Faster response time from (estimated time) 7.0 minutes (County) to 3 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2000/2001 City operating millage rate of 7.26 mills and debt rate of 0.69 mills, the property will generate approximately $1,124.50 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 Planning and Zoning Board Staff Report Priest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 10 stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. The proposed City zoning designation is R-l-AAA (Single Family Residential district) while the current County zoning designation is AR (Agricultural Residential). The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.t {Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The allowed uses in the R-l-AAA zoning district (single family homes and accessory structures) are compatible with the surrounding residential development. Planning and Zoning Board Staff Report Priest - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 11 Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)($), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; CB That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designation be applied. The requested R-l-AAA is of similar intensity as that allowed under the proposed City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) FLUM designation and is consistent with the surrounding residential zoning and the existing development of the property. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. As noted previously, the property contains an existing single family residence and guest cottage. The existing development was reviewed for compliance with the development standards for the proposed R-l-AAA zoning district. The lot and existing structures meet or exceed all the development standards for proposed zoning district. It is noted however, that the guest cottage exceeds the City's 700-square foot maximum. There is no development proposal associated with the annexation request. Any future development will be required to comply with all Land Development Regulations. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Planning and Zoning Board Staff Report Priest- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 12 Palm Beach County Notice: On February 15, 2001 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: [3 Progressive Residents of Delray [3 Sabal Lake [3 President's Council ~1 Country Manor [3 Barwick Ranch Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation is Iow intensity. The application of an initial zoning designation of R-I-AAA is consistent with the proposed FLUM designation. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. The City will receive an additional $1,124.50 in revenue from property taxes, in addition to fees from stormwater assessment fees, utility taxes, and franchise fees. A. Continue with direction. Bo Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of Planning and Zoning Board Staff Report Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land Use Map Amendment Page 13 the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: 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. Co Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District), with the basis stated. Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: 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. Attachments: Location/Existing Zoning Map Existing Future Land Use Map Survey This Report prepared by: Scott Dedeaux Pape, Senior Planner PINE TREE DRIVE SUNRISE BOULEVARD BANYAN CREEK EL EMEN TAR Y SCHOOL OU TBA CK NURSERIES INC. RANCH SOUTH _'III SABAL 133 ROAD SOUTH SUN SER VICE COUNT COUNTRY M A VlANORS ROAD NOR LAKE CANAL N W 9TH ST BARW/CK PARK L-31 IDA ROAD CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT PRIEST PROPERTY ANNEXATION -- DIGITAL ~4SE ll4,4P SYSTEM -- MAP REF: LM496 ~ SUNRISE BOULEVARD PALM RIDGE BOULEVARD NURSERIES RAN H SABAL 155 ROAD SOUTH ~ A AL 155 SOU TH NURSER y L,O CANAL L-51 C N T R Y LAKE IDA ROAD N - FUTURE LAND USE MAP- ~ EXISTING: PALM BEACH COUNTY MEDIUM DENSITY RESIDENTIAL (5 UNITS/ACRE) O'fY Or DELRA¥ BEACH, FL PLANNING &: ZONING DEPARTMENT PROPOSED: CITY OF DELRAY BEACH LD (LOW DENISTY, 0-5 UNITS/ACRE) -- Ol¢'IT,4L ~34SE MAP SY'S~'EM -- MAP REF LM496 BANYAN CREEK EL EMEN TAR Y SCHOOL CF RANCH SABAL LAURELV 153 ROAD SOUTH SABAL SEA GRAPE SEA CRAP CANAL L-31 C COUNTRY ) NMANORS ROAD ] I  BARWICK PARK R OS LAKE IDA ROAD N CITY OF' DELRAY BEACH. FL PLANNING &: ZONINGDEPARTMENT - ZONING MAP - EXISTING: PALM BEACH COUNTY AR (AGRICULTURAL RESIDENTIAL) PROPOSED: CITY OF DELRAY BEACH R-l-AAA (SINGLE FAMILY RESIDENTIAL) -- DI~IT,,~g. ~,45£ /!/AP $)'3'/'E/,,t' -- MAP REF* LM496 L W~-JoN TO: THRU: FROM: SUBJECT: DAVID~~~ANAGER PAUL DORLING, PLAN~..~iG AND ZONIN~IR~TOR SCOTT D. PAPE, SENIOR PLANNER~.~,~-~c:~ MEETING OF MARCH 6, 2001 ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MD (MEDIUM DENSITY RESIDENTIAL - FIVE DU/AC) TO CITY LD (LOW DENSITY RESIDENTIAL - ZERO TO FIVE DU/AC), AND INITIAL ZONING OF R-I-AAA (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND THE LAKE WORTH DRAINAGE DISTRICT CANAL NO. 31. The 1.01-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. The property contains an existing 3,820 square foot two-story single family home and a detached 1,204 square foot cottage. The applicant is seeking annexation into the City to obtain City water service. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of February 26, 2001, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MD (Medium Density Residential - Five DU/AC) to City LD (Low Density Residential - Zero to Five DU/AC), and the initial zoning designation of R- 1-AAA (Single-Family Residential District), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(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, and set a public hearing date of March 20, 2001. Attachments: P & Z Staff Report of February 26, 2001 MEMORANDUM TO: FROM: Tina Lunsford, Police Dispatch Barbara Garito, Acting City Clerk DATE: April 3, 2001 SUBJECT: A~mexation Enclosed you will find a certified copy of Ordinance No. 19-01 which annexes 13387 Barwick Road into the City limits. ! have notified Mark Adler, 911 Coordinator for the County of this annexation and requested the change over. 04/03/01 TUE 16:46 FAX 561 243 3774 CITY CLERK ~001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST TIME USAGE T PGS. SENT RESULT 4824 915617126449 04/03 16:43 03'45 6 OK Tel CITY CLERK' S OFFICE CITY OF DELRAY BEACH 100 NW 1s~ Ave Delray Beach FL 33444 (561) 243-7050 - Fax (561) 243-3774 DELRAY B.~.CH TO: Mark Adler, 911 Co-ordinator FAX NLIMBER (561) 712-6449 MARCH 28, 2001 NAME OF SENDER Barbara Garito, Acting City Clerk DIKEC T PHONE LINE 561-243-7051 FAX NUMBER 561-243-3774 DATE: FROM: TOTAL NUMBER OF PAGES (including cover sheet) ~6 [] Urgent X For Review Please Comment Please Reply [] Please Recycle COMMENTS: Mark, enclosed you will find a certified cop), of Ordinance No. 19-01 which ~mexes 13487 Bm",¥ick Road toro the City of Dclray Beach ms o£March 20, 2001. This ordinance is in the process of being recorded with the Count)' Please make thc necessary changes requn'ed for 911 dispatch. Do not hesitatc to call the C~ty Clerk's office ff additional information is needed. Acting _C~t¥ Clcrk FAX Tel CITY CLERK'S OFFICE CITY OF DELRAY BEACH 100 NW Ist Ave Delray Beach FL 33444 (561) 243-7050 - Fax (561) 243-3774 DELRAY BEACH 1993 TO: Mark Adler, 911 Co-ordinator FAX NUMBER (561) 712-6449 MARCH 28, 2001 NAME OF SENDER Barbara Garito, Acting City Clerk DIRECT PHONE LINE FAX NUMBER ( xnclud~ng DATE: FROM: 561-243-7051 561-243-3774 TOTltLNUMBER OF PAGES cover sheet) 6 D Urgent X For Revxew Please Comment Please Reply [] Please Recycle COMMENTS: Mark, enclosed you will find a certified copy of Ordinance No. 19-01 which annexes 13487 Barwick Road into the City of Delray Beach as of March 20, 2001. This ordinance is in the process of being recorded with the County. Please make the necessary changes required for 911 dispatch. Do not hesitate to call the City Clerk's office if additional information is needed. A~erk fax 00\barbara DISTRIBUTION LIST: Susan Ruby, City Attorney Lula Butler, Director of Community Improvement Jerry Sanzone, Chief Building Official George Diaz, Deputy Building Official Richard Bauer, Code Enforcement Administrator Ken Thomas, Community Development Coordinator Joyce Desormeau, License Administrator Nancy Davila, City Horticulturist Sandy Roberts, Office Computer Specialist Dick Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Barron Caronite, Assistant City Engineer Dan Beatty, Deputy Director for Public Works Barbara Gadto, Deputy City Clerk~ Richard Overman, Police Chief Tina Lunsford, Police Dispatch Kerry Koen, Fire Chief Bill Adams, Fire Safety Division Chief Joseph Safford, Finance Director Becky O'Conner, Treasurer Regina Frazier, Budget Administrator Barbara Schooler, Utility Customer Service Manager Joe Weldon, Director of Parks & Recreation 1/24/01 I J I Planning & Zoning Department MEMORANDUM TO: FROM: DISTRIBUTION LIST SCOTT PAPE, SENIOR PLANNER. ~").~ DATE: MARCH 29, 2001 RE: PRIEST ANNEXATION At its meeting of March 20, 2001, the City Commission approved on second and final reading an ordinance annexing a 1.01-acre property known as the Priest property. The attached map shows the location of the property, which is now within municipal boundaries, and under municipal jurisdiction. Attached for your information is the annexation brief for the subject property. If you have any questions, do not hesitate to contact me at ext. 7321. TO: FROM: DATE: SUBJECT: Bill Adams, Assistant Chief Trisha Dunkelmann, Lieutenant May 21, 2001 Newly Annexed Property Attached is a description and map identifying a property recently annexed into the City. I went out to 13487 Barwick Road and confirmed that this address is reaching Delray Beach fire dispatch. I am sorry for the delay in getting this accomplished, but Mrs. Priest was not able to meet with me until today. Cc: ChiefKoen Trisha Dunkelmann Lieutenant/Fire Safety ~ t - - T - ~ _ BANYAN CRE~ ¢' ~ \. -,~Lr, ([;L''-~''- ' .~ 'SCHOO~ ~ b~, T i I ~ ~ ~ ~ ~ 0~ N ~ i ~ f ,SERVICEI i ~ ~ : ~ i~l . ! .. , , .... ~; ! //ilt !t !t1111111111111~ ~ / T Y fill L I M / T 5 111121111!11!11~11111tllI CANAL L-5t ~ ;~1i ~ ~ux~~' LAKE IDA ROAD r N PRIEST PROPERTY ANNEXATION ~ REZONING FROM PALM BEACH COUN~ AR (AGRICULTU~L RESIDENTIAL) TO. CI~ OF DEL~Y B~CH R-I-~ (SINGLE FAMILY RESIDENTIAL) ot~ 0r O~LRAY eEAC~. FL F L U M AMENDMENT FROM PALM BEACH COUN~ MEDIUM DENSI~ RESIDENTIAL (5 UNITS/ACRE) PLANNING ~ ZONING D[PARTM[NT TO. CI~ OF DEL~Y BEACH LD (LOW DENIS~, 0-5 UNITS/ACRE) -- DIGITAL ~$E ~o S~TEM -- ~A~ RE~ L~495 SER VICE i J ~ ~ ~ ~J LAKE 1DA ROAD N PRIEST PROPER ANNEXATION ~ REZONING FROM. PALM BEACH COUN~ AR (AGRICULTU~L RESIDENTIAL) ~ TO: CI~ OF DEL~Y B~CH R-I-~ (SINGLE FAMILY RESIDENTIAL) CiTY OF DELRAY B[ACH. FL ~ F.L U M AMENDMENT FROM PALM BEACH COUN~ MEDIUM DENSI~ RESIDENTIAL (5 UNITS/ACRE) PvA~m~0 ~ ZO~o O[P~eTUE~; TO. CI~ OF DEL~Y BEACH LD (LOW DENIS~, 0-5 UNITS/ACRE) ~IGIT~L ~S~ ~AP S~TE~t -- ~A~ R~F' LM495 OR]~ 12409 PD 1714 DOROTHY H. #ILKEN~ CLERK PB COUNTY~ FL [ITY OF I]ELIlI:IY BEI:I£H DFLRAY BEACH Ail-America City CITY CLERK 100 N.W. 1st AVENUE 993 DELRAY BEACH, FLORIDA 33444 561/243-7000 CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached, ORDINANCE NO. 19-01 is a true and correct copy of the original of said document which was passed and approved on second reading in regular session of the City Commission of the City of Delray Beach, on March 20, 2001. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 22nd day of March, 2001. Barbara Garito, CMC Acting City Clerk City of Delray Beach THE EFFORT ALWAYS MATTERS CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINtNCE NO. 19-01 T~ C:~y Com~,~um ~ the C~y ~ Delray ]~wh wfl~ bold a QUA~I-JUDICIAL PUBLIC ~ ON THE ~OLLOWING PROPOSED ORDINANCE ON TUI~DAY. MARCH 20, 2001, at 7'00 p.m (or as any continuation of such n~ong wh~h t~ se~ by tl~ C. omn~s~m0, m ~he Comms~m Cl~ng~e~ ~ C~7 italt. 100 BEACI~ [~:~..~)A. ANNEXING TO TX'~ CITY OF DELP. AY BEAKI'I. A PAR- ROAD AND L-3! WINCH LAND IS CONTIGUOUS TO 19I:IS'flNG MUNICIPAL LIMITS, REDEI:~XqNG THE BOUNDARIES OF TI~ CITY TO INCLUDE SAID LAND, PROVIDING FOR THE RIGHTS AND OBLIGATIONS ON SAE) LAND;, AP'FIX- ING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY. 0-5 UNTFS/ACRE) FOR SAID LAND ~O 'fi'IN NUTUR~ LAND USE MAP AS CON- THE SINGLE HF-J~ING ADOF~ON PROCESS FOR U~E PLAN A~H~NDMENTS, PROVIDING FOR THE ZONING TItEREOF TO R- I-AAA (SIlVC~ FA!V~LY ~) DISTRICT; PROVIDING A GENERAL ~ TO BE ~ I~ SHOWN BJ~,OW A COMPLETE I.F. GAL DP. SC]UP- TION BY LOT AND SUBD~V~ION AN'D/OR- ~ AND BOUNDS AND A COPY ON FROM THE O1~"I~ OF TI~ CITY ~L~.]~ CITY HALL. ]00NW A'VEI'~.t ~ DI~..RAY BEACH. I~,ORIDA, C~TY OF DELR~Y BEACH Ba~oara Ganto Ac~,g C~y C~e~k 100 "[lTV I]F DELRKV BEKCK , DELRAY BEACH 993 CITY CLERK 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000 May 21, 2001 Gary R. Nikollts Palm Beach County Property Appraiser's Office 301 N. Olive Avenue 5th Floor Governmental Center West Palm Beach, FL 33401 Re: Annexation- City of Delray Beach Dear Mr. Nikolits: Enclosed please find certified copies of Ordinances 31-00 and 1~, regarding property annexation to the City of Delray Beach. We have also attached the annexation briefs for the subject properties. These ordinances were passed and adopted on second and final readings by the Delray Beach City Commission, and recorded with the Palm Beach County Clerk of the This information is provided in accordance with Section 166.231 Florida Statutes, and Chapter 50 of the Code of Ordinances of the City of Delray Beach. If you have any questions, please do not hesitate to contact me at (561) 243-7051. Acting City Clerk Enclosures: Ordinance No. 31-00, Annexation Brief, Certification Ordinance No. 19-01, Annexation Brief, Certification S/letters200l/Annexation - Appraiser's Office THE EFFORT ALWAYS MATTERS ,CITY OF DELRI:I¥ BEI:II:H DELRAY BEACH NI-America City ]993 CITY CLERK 100 N.W. 15t AVENUE ORB 1E~409 P§ 1714 i)DROTHY H. IIILKEN, CLERK Pit COUNTY, FL DELRAY BEACH, FLORIDA 33444 561/243-7000 CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached, ORDINANCE NO. 19-01 is a true and correct copy of the original of said document which was passed and approved on second reading in regular session of the City Commission of the City of Delray Beach, on March 20, 2001. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 22"~ day of March, 2001. Barbara Garito, CMC Acting City Clerk City of Delray Beach THE EFFORT ALWAYS MATTERS H~'-ET-E~8! ~7;E7p,, E~1--115093 ORI* 1~::~l~"~ P§ 1710 lllll I IlIIIIIBIIINIIIIIIIIII ORDINANCE NO. 19-01 AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF BARWICK ROAD AND L-S1 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EX]STaG MU~CI~AL LIMITS; REDEFINING THE BOUNDARIES OF THE C1TY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY, 0-$ LTNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENS1VE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AME~~S; PROVIDING FOR THE ZONING THEREOF TO R-I-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Carol I. and R. O. Priest are the fee simple owners ora 1.01 sere parcel ofland locatM on the Northwest corner of Barwick Road and L-31 canal; and WHEREAS, Carol J. and R. O. Priest have requested by voluntary petition to have the subj~ .property mmexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter descn'bed i~ contiguous to the corporate limits of thz City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has h~-tofom be~n authorized to annex lands in accordaa~ with Section 171.044 ofthe 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 (FI.UM) designstion of lViR-~ (Medium Dg-sity resid~tial-~ du/ac); aud WHEREAS, the Advisory Future Land Use Map designation for the subject prop~ in the City .. Delray Beach, Florida, is LD (Low Density, 0-5 traits/acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Laud Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official l. aud Use Amendment is processed; and ORB 1E~409 Pg 1711 WHEREAS, the designation of a zonini classification is pan of this procecdini, and the provisions of Land Development Regulations Chapter Two have been followed in estab~g the proposed zo.nlng designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of February 26, 2001, and voted 7 to 0 to recommend that the requests be approved with an initial zoRing of R-l-AAA (Single Family Residential), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY Ol~ DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Deb'ay Beach, Palm Beach County, Florids, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The South one fifth (S 1/5) ofthe Bast one half (E 1/2) ofthe Southeast Quarter (SE 1/4) of the Southeas~ Quarter (SB 1/4) of the Northwest Quarter (NW I/4) of Section 12, Township 46 South, Range 42 Fast, Palm Beach County, Florida, Subject to an easement for wad right-of-way over the Bast 40 feet thereof. The subject property is located on the Northwest Comer of Barwick Road and L-31 Canal. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include .therein the above-described Uact of land and said land is hereby declared to be within the corporate limits ~fthe City of Delray Beach, Florida. Section 3. That the land hereinabove descn'bed 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 Assessmeni levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, fi.any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially ORD NO. 19-01 ORB 1E409 PB 1'7'1EE: Section 6. That the City of Delray Beach elects to make tkis small scale smendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1 )(c)3. Section 7. Thai Ch~ter Two of the Land Development Regulations has been followed in establishmm! of a zon;ng classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zo-i~g District R-l-AAA (Single Family Residential) as defined by existing ordinances of the City of Delray B~ach. Section 8. That aH ordinances or parts of ordinances in conflict herewith be, and the same ar~ hereby repealed. S~on 9. That should any section or provision of this ordinance or any portion thereof~ any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the rema~der hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to mmexation, immediately upon passage on second and final reading; as to laud use and zoning, thh'ty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective dat~ of this amendment shall be the date a final order is issued by the Deparm~ent of Community Affairs, or th~ 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 commence before it has become effective. Ifa final order ofnoncompliance is issued by the Adml,i.~cration Commission, this amendment may nevertheless be made effective by adoption of a resolution affu~ing its effective status, a copy of which resolution shall be sent to the Department of Commw'tity Affairs, . ~)fLocal Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. "~__ _PAS~ED AND ADOPTED in regular session on second and final reading on this the ~ day of ATTEST City Clerk 3 ORD NO. 19-01 OR~ 1~409 1713 :: -..5 .... :' RO~ SOU~ ~ SABAL SERWCE ~ NURSER'/' FIRE ST~. LAKE IDA ROA0 N PRIEST PROPER~ ANNE~TION TO: C~ ~ DE~Y B~CH R-i~ ($INGLE F~ILY ~SI~) ~ekY ~. ~ F.LU.M. ~ENDMENT ~: P~M B~CH ~ ~DIUM ~NS~ ~SIDE~A (5 UNff~AC~) ~ ~P~[NT TO: C~ OF DEL~Y B~CH ~ ~ ~1~. ~5 UNIT~ACRE) TO: THRU: FROM: SUBJECT: DAVI~I~~~ANAGER PAUL DORLING, PLAN~IJG AND ,ZONIN.~DIR~TOR SCOTT D. PAPE, SENIOR MEETING OF MARCH 6, 2001 ANNEXATION~ SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MD (MEDIUM DENSITY RESIDENTIAL - FIVE DUZAC) TO CITY LD (LOW DENSITY RESIDENTIAL - ZERO TO FIVE DU/AC), AND INITIAL ZONING OF R-l-AAA (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND THE LAKE WORTH DRAINAGE DISTRICT CANAL NO. 31. The 1.01oacre prope~y 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. The property contains an existing 3,820 square foot two-story single family home and a detached 1,204 square foot cottage. The applicant is seeking annexation into the City to obtain City water service. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. ~%-,~%"-~;PLANNING AND ZONING BOARD CONSIDERATION At its meeting of February 26, 2001, the Planning and Zoning Board held a public headng in conjunction with the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings ,'with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MD (Medium Density Residential - Five DU/AC) to City LD (Low Density Residential - Zero to Five DU/AC), and the initial zoning designation of R- 1-AAA (Single-Family Residential District), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(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, and set a public hearing date of March 20, 2001. Attachments: P & Z Staff Report of February 26, 2001 Return Receipt Fee (Endorsement Required} Restncted Dehvery Fee {Endomerne~t Required) Gary R. Nikolits, CFA Property Appraiser's Office 301 N. Olive Avenue 5t~ Floor Governmental Center West Palm Beach, FL 33401 IQ l .._SI ~0 0 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary D~vlslon of Admamstrat~ve Services D~wsmn ?f CorporaUons D~ws~on of Cultural Affmrs Dtvlsmn of Elecaons Dtws~on of I~stoncal Resources Dlwsion of labrary and lnformaUon Servmes D~v~slon of lacensmg MEMBER OF THE FLORIDA CABINET FLORIDA DEPAKI~ENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS April20,2001 HISTORIC PRESERVATION BOARDS H~stonc Florida Keys Preservation Board I-hstonc Palm Beach County Preservaaon Board H~stonc Pensacola Preservaaon Board H~stonc St Augastme PreservaUon Boaxd l-hstonc Tallahassee Preservaaon Board I~stonc Tampa/Hillsborough County Preservaaon Board RINGLING MUSEUM OF ART RECEIVED APR 2 4 2001 OFFICE OF THE CiTY CLER}~ Ms. Barbara Garito, CMC Acting City Clerk Office of the City Clerk Post Office Box 2451 Daytona Beach, Florida 32115-2451 Dear Ms. Garito: This will acknowledge receipt of your letter dated April 17, 2001 and copies of Ordinance Nos. 31-00 and 19-01, annexing property to the City of Daytona Beach, which were filed in this office on April 20, 2001. Liz Cloud, Chief Bureau of Administrative Code LC/mp R'ECEIVED CITY CLERK The Elliot Building FAX: (850) 488-7869 BUREAU OF ADMINISTRATIVE CODE 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (850) 488-8427 WWW Address: http://www.dos.state.fl.us · E-Marl: election@mail, dos. state.fl, us £1T¥ DF DELRR¥ BER£H DELRAY BEACH 1993 April 17, 2001 CITY CLERK 100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 561/243-7000 TO WHOM IT MAY CONCERN: Enclosed is a copy of two (2) ordinances annexing property to the City of Delray Beach. Ordinance No. 31-00 annexes a 14.19-acre parcel of land known as Palm Court Plaza located on the SW comer of Linton Boulevard and Military- Trail, contiguous to existing munidpal limits of the City. Ordinance No. 19-01 annexes a 1.01-acre parcel of land known as the Priest Property, located on the Northwest comer of Barwick Road and L-31 canal, contiguous to existing munidpal limits of the City. Enclosed with these ordinances are annexation briefs for the subject properties. Both ordinances were passed and adopted on second and final readings by the Dekay Beach City Commission and recorded with the Palm Beach County Clerk of the Court. This information is provided in accordance with Section 166.231 Florida Statutes, and Chapter 50 of the Code of Ordinances of the City of Delray Beach. If you have any questions, please do not hesitate to contact me at (561) 243-7051. Sincerely, Barbara Garito, CIVIC Acting City Clerk Bg Enclosures: Ordinance No. 31-00, Annexation Brief, Certification Ordinance No. 19-01, Annexation Brief, Certification ~e£s.zrmex~.~on]~r#2 Pnntecl on R~cycle~ Paper THE EFFORT ALWAYS MATTERS 04-19-01 c17~e fo£fowintt companies have receivecf a cop?; of ordinances 19-01 anaC 31-O0 ] Florida Department of State Bureau of Administrative Code 401 South Monroe Street Tallahassee, Florida 32399-0250 P. B. C. Clerk of the Circuit Court Recording Department P.O. Box 4177 West Palm Beach, FL 33402-4177 Solid Waste Authority P.O. Box 24693 West Palm Beach, FL 33416 Ms. Sharon Merry, Controller Browning-Ferris Industries of Florida, Inc. 1475 S.W. 4th Avenue Delray Beach, FL 33444 Executive Office of the Govemor Office of Planning and Budgeting Revenue & Economic Analysis Unit The Capitol Tallahassee, FL 32399-0001 Florida Department of State Bureau of Administrative Code 401 South Monroe Street Tallahassee, Florida 32399-0250 Ms. Theresa LePore alm Beach County Supervisor of Elections 301 N. Olive Avenue, Room 105 West Palm Beach, FL 33401 Mr. James Lee, Director of Hanning P. B. C. Planning, Building & Zoning 100 Australian Avenue West Palm Beach, FL 33406 s. Diane Dominguez, Executive Director Community Redevelopment Agency 104 West Atlantic Avenue Delray Beach, FL 33444 Mr. Grady Holloway, Manager Public Gas Corporation 1143 North Military Trail West Palm Beach, FL 33406 W.H. Bonham, Land Management Florida Power & Light P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Richard Schwartz General Manager Petrolane Gas Service 7171 Interpace Road West Palm Beach, FL 33407-1023 Mr. Gary Nikolits Palm Beach County PropertyAppraiser 301 N. Olive Avenue, Floor 5 West Palm Beach, FL 33401-4793 Ms. Shannan Stegman, Planner P.B.C. Planning, Building & Zoning 100 Australian Avenue West Palm Beach, FL 33406 Mr. Mark Adler Palm Beach County, E.M.S. 3323 Belvedere Road Building #503 West Palm Beach, FL 33406-1548 Mr. John Powell Property Appraiser's Office 501 S. Congress Avenue Room 150 Delray Beach, FL 33445 Ms. Tommie Ferrell Real Estate Development Specialist Department of Business Regulation 725 S. Bronough Street Tallahassee, FL 32399 Accessline Communications Corp C/O- ATLANTAX SYSTEMS 21515 Hawthome Blvd, Ste 360 Torrance, CA 90503 Ken Rivera, Supervisor Browning-Ferris Industries 1475 S.W. 4~ Avenue Delray Beach, FL 33444 Mr. Dominic Sims, Executive Director Planning, Zoning and Building Palm Beach County - 4th Floor 100 Australian Avenue West Palm Beach, FL 33406 Mr. George Mass, Manager Customer Accounting Florida Power & Light P.O. Box 029100 Miami, Florida 33102 Florida Public Utilities Co. P.O. Box 490 Delray Beach, Florida 33447 Mr. Buck Passmore Palm Beach County Manager Southern Bell 326 Fern Street, Room 103 West Palm Beach, FL 33401 American Farm Bureau C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Bell Atlantic communications C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Citizens Telecommunications C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Custom Network Solutions C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Eastern Telecommunications C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Florida Cellular Services C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 GE Capital Communications C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 t Olympic Telecommunications, Inc. C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Trans National Communications C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Verizon Select Services, Inc. C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 Quantum Shift Communications C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 TCG 412 Mt. Kemble Avenue Morristown, NJ 07960-6654 Wins'tar Wireless of Florida, Inc. C/O- ATIdkNTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, C_~ 90503 Shared Communications C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503 United States Advanced Network C/O- ATLANTAX SYSTEMS 21515 Hawthorne Blvd, Ste 360 Torrance, CA 90503