Ord 57-04
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ORDINANCE NO 57-04
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CI1Y OF DELRAY BEACH, A PARCEL OF LAND
LOCATED 710 FEET SOUTH OF WEST ATLANTIC
A VENUE 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 CI1Y
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSI1Y 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 (MEDIUM DENSI1Y
RESIDENTIAL) DISTRICT, A FLEXIBLE ZONING
DISTRICT WHICH ALLOWS A DENSI1Y OF 6 TO 12
UNITS PER ACRE AND AUTHORIZES A DENSI1Y
SUFFIX TO BE AFFIXED THAT LIMITS THE DENSI1Y
TO A DENSI1Y LESS THAN 12 BUT MORE THAN 6
UNITS PER ACRE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
I 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 4.861
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 Dekay Beach, Florida; and
WHEREAS, the City of Dekay Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
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WHEREAS, the subject property hereinafter described is presendy 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 subsequendy 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
I 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 October 18, 2004, and voted 5 to
o to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential-8 dwelling 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
I WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
2 ORD NO. 57-04
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Section 2. That the City Commission of the City of Dekay 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:
Parcel # 00-42-46-14-00-000-5060
The South one-third (S 1/3) of the North three-fifths (N 3/5) of the West one-half (W Yz) of
the Southeast quarter (SE %) of the Southeast quarter (SE 1/4) of the Southeast quarter (SE 1/4),
less the West 30 feet thereof for right-of-way, ofSectJ.on 14, Township 46 South, Range 42 East,
Palm Beach County, Florida.
I
Together With:
Parcel # 00-42-46-14-00-000-5070
The South one-quarter (S 1f4) of the North four-fifths (N 4/5) of the West one-half (W Yz) of
the Southeast quarter of the Southeast quarter of the Southeast quarter, less the West 30 feet
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida.
Together With:
Parcel # 00-42-46-14-00-000-5080
The South one-fifth (S 1/5) of the West one-half (W Yz) of the Southeast quarter (SE %) of the
Southeast quarter (SE 1/4), of the Southeast quarter (SE 14/), less the West thirty feet (W 30')
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida.
: Together With:
i
Parcel # 00-42-46-14-00-000-5040
I The North one-fifth (N 1/5) of the West half (W Yz) of the Southeast quarter (SE %) of the
i Southeast quarter (SE 1f4) of the Southeast quarter (SE %) of Section 14, Township 46 South,
Rage 42 East, of Palm Beach County, Florida less the West 30 feet thereof for road right-of-
way.
Together With:
Parcel # 00-42-46-14-00-000-5050 and Parcel # 00-42-46-14-00-000-5650
The South one-half (S Yz) of the North two-fifths (N 2/5) of the West one-half (W Yz) of the
Southeast one-quarter (SE 1f4) of the Southeast one-quarter (SE 1/4) of the Southeast one-quarter
(SE %) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida; less the
west thirty (30) feet thereof for right-of-way,
3 ORDNO.57-04
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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 Dekay 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 Dekay Beach, Flonda.
Section 4 That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immuruties, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Dekay 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 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).
Section 7 That the City of Dekay 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 Dekay Beach.
Section 9 The City Commission may affix a suffix to the RM zoning designation that is
less than 12 units per acre based upon the ability of the property owner to meet certain performance
criteria as provided for in LDR Section 4.4.6 and the required findings of LDR Section 3.2.2(D).
The City Commission hereby (affixes) or (does not affix) (circle one) a density suffix and herby
zones the property to RM
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
4 ORD NO. 57-04
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I Section 11 That should any section or provision of this ordinance or any portion thereof,
I any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
I
Section 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 affinning its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 CentervÏew Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 200_.
I
ATTEST MAYOR
I Acting City Clerk
First Reading \\\ 9-\ð'1
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Second Reading \ "\~\6'\ '-9\A-\W
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5 ORD NO. 57-04
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'QA - REGULAR MEETING OF NOVEMBER 16. 2004
ORDINANCE NO. 57-04 (ANNEXATION. SMALL SCALE FUTURE LAND USE
MAP AMENDMENT & REZONING
DATE: NOVEMBER 12,2004
This Ordinance is before City Commission for second reading and quasi-judicial hearing for the Annexation, Small-
Scale Future Land Use Map (pLUM) Amendment from County HR (High DensIty Residential-8 dwelling units
per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre), and rezoning from AR
(Agricultural Residential) to RM (Medium Density Residential) for a 4.86 acre property, located on the west side
of Military Trail, approximately 700 feet south of Adantic Avenue.
The property is currendy 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 consists of six (6) separate parcels with five (5)
owners. Three (3) parcels are undeveloped and three (3) contaln single family residential homes.
The Planning and Zoning Board held a public hearing in conjunction with the requests. There was public
testimony regarding the proposal, presented by the residents of the adjacent property to the west, and the main
concern related to:
1. The proposal will leave their properties totally land locked by property within the City of Dekay Beach,
thus decreasing the value of the property.
2. Development of this property without regard to alternative access to adjacent property will perpetuate
the unacceptable access to these properties which is currendy via the Points West Plaza which means
the access is frequendy blocked by loading/unloading vehicles.
3. Concerns with access for emergency vehicle given concerns noted above.
After significant discussion, the Board voted 5-0 to recommend that the requests be approved subject to a
zoning density suffix of eight (8) units per acre maximum. The board gave further direction to the Site Plan
Review and Appearance Board (SPRAB) that direct access from .Military Trail to the existing single family homes
located to the west of the Gramercy property should be consIdered during the site plan review process. The
requests were approved based upon positive findings with respect to Land Development Regulations (LDR)
Section 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) (Change of Zoning
District Designation) 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.
At the first reading on November 2, 2004, the City Commission passed the Ordinance No. 57-04 unanimously.
Recommend approval of Ordinance No. 57-04 on second and final reading.
S \Clty Clerk\agenda memos\Ord 51-04 Annexation Grarnercy 11 16.04
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I CITY COMMISSION DOCUMENTATION I
TO: ~f~ EN, ITV.: MANAGER
THRU: PA L DORLlNG, DIR
FROM: ESTELlO BRETO, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 2, 2004
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY HR (HIGH RESIDENTIAL - 8 DUlAC)
TO CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC), AND
REZONING FROM AR (AGRICUL TURAL RESIDENTIAL) TO RM
(MEDIUM DENSITY RESIDENTIAL) FOR A 4.86 ACRES
PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL,
APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE.
J BACKGROUND ,
The 4.86 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 subject property consists of 6 separate parcels
with 5 owners. Three of these parcels are undeveloped and three contain single family
residential homes. Additional background and an analysis of the request are found in
the attached Planning and Zoning Board Staff Report.
I PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of October 18, 2004, the Planning and Zoning Board held a public
hearing in conjunction with the requests. There was public testimony regarding the
proposal presented by the residents of the adjacent property to the west and their
main concern related to:
· This proposal will leave their properties totally land locked by property within
the City of Delray Beach, thus decreasing the value of our property;
· Development of this property without regard to alternative access to adjacent
property will perpetuate the unacceptable access to these property which is
currently via the Points West Plaza which means the access is frequently
blocked by loading/unloading vehicles; and
· Concerns with access for emergency vehicle given concerns noted above.
The Board had significant discussion related to the appropriateness of allowing up to
12 units per acre given the adjacent land use densities. After reviewing the staff
report and discussing the proposal, the Board voted 5-0 to recommend that the
requests be approved subject to a zoning density suffix of 8 units per acre maximum.
The Board gave further direction to the Site Plan Review and Appearance Board
(SPRAB) that direct access from Military Trail to the existing single family homes
located to the west of the Gramercy property should be considered during the site \éJ.A
I
City Commission Documentation
Meeting of November 02, 2004
Gramercy Annexation, Small-Scale FLUM Amendment with initIal rezoning of RM
Page 2
plan review process. 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.
I RECOMMENDED ACTION 'I
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 November 09, 2004.
Attachments: P & Z Staff Report of October 18,2004
--
ORDINANCE NO 57-04
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CI1Y OF DELRAY BEACH, A PARCEL OF LAND
LOCATED 710 FEET SOUTH OF WEST ATLANTIC
A VENUE 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 CI1Y
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSI1Y 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 (MEDIUM DENSI1Y
RESIDENTIAL) DISTRICT, A FLEXIBLE ZONING
DISTRICT WHICH ALLOWS A DENSI1Y OF 6 TO 12
UNITS PER ACRE AND AUTHORIZES A DENSITY
SUFFIX TO BE AFFIXED THAT LIMITS THE DENSITY
TO A DENSI1Y LESS THAN 12 BUT MORE THAN 6
UNITS PER ACRE; PROVIDING A GENERAL REPEALER
CLAUSE, 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 4.861
acres and located 710 feet south of West Adantic 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 Dekay Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Dekay Beach, Florida; and
WHEREAS, the City of Dekay 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 presendy 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 Dekay 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 subsequendy 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 m 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 October 18,2004, and voted 5 to
o to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residenttal-8 dwelling 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 Dekay Beach adopts the fmdings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
2 ORD NO. 57-04
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Section 2. That the City Commission of the City of Dekay Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Flonda, which lies contiguous to said City to-wit:
Parcel # 00-42-46-14-00-000-5060
The South one-third (S 1/3) of the North three-fifths (N 3/5) of the West one-half (W %) of
the Southeast quarter (SE %) of the Southeast quarter (SE %) of the Southeast quarter (SE %),
less the West 30 feet thereof for right-of-way, of Section 14, Township 46 South, Range 42 East,
Palm Beach County, Florida.
Together With:
Parcel # 00-42-46-14-00-000-5070
The South one-quarter (S 1/4) of the North four-fifths (N 4/5) of the West one-half \W %) of
the Southeast quarter of the Southeast quarter of the Southeast quarter, less the West 30 feet
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Flonda.
Together With:
Parcel # 00-42-46-14-00-000-5080
The South one-fifth (S 1/5) of the West one-half (W %) of the Southeast quarter (SE 1/4) of the
Southeast quarter (SE %), of the Southeast quarter (SE 14/), less the West thirty feet (W 30')
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida.
Together With:
Parcel # 00-42-46-14-00-000-5040
The North one-fifth (N 115) of the West half \W %) of the Southeast quarter (SE %) of the
Southeast quarter (SE %) of the Southeast quartet (SE %) of Section 14, Township 46 South,
Rage 42 East, of Palm Beach County, Florida less the West 30 feet thereof for road right-of-
way.
Together With:
Parcel # 00-42-46-14-00-000-5050 and Parcel # 00-42-46-14-00-000-5650
The South one-half (S %) of the North two-fifths (N 2/5) of the West one-half (W %) of the
Southeast one-quarter (SE %) of the Southeast one-quarter (SE %) of the Southeast one-quarter
(SE 1/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida; less the
west thirty (30) feet thereof for right-of-way,
3 ORD NO. 57-04
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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 Dekay 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 l1mits of the City of Dekay 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 Dekay 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 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 Denslty Residential 5-12 dul ac).
Section 7 That the City of Dekay 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 RJ\.1 (Medium Density Residential) District as defined by
eXlsting ordinances of the City of Dekay Beach.
Section 9 The City Commission may affix a suffix to the RM zoning designation that is
less than 12 units per acre based upon the ability of the property owner to meet certain performance
cnteria as provlded for ill LDR Section 4.4.6 and the required findings of LDR Section 3.2.2(D).
The City Commission hereby (affixes) or (does not affix) (circle one) a density suffix and herby
zones the property to RM
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
4 ORDNO.57-04
----
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. H
challenged, the effective date of this amendment shall be the date a fmal order is lssued 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, th1s 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_.
A ITEST MAYOR
Acting City Clerk
First Reading
Second Reading
5 ORD NO. 57-04
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I PLANNING AND ZONING BOARD I
CITY OF DELRA Y BEACH ---STAFF REPORT--- I
MEETING DATE: October 18, 2004
AGENDA ITEM: IV.A.
ITEM: 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-8 (Medium Density Residential 8 du/ac)
for a 4.86 acres property located on the west side of Military Trail just
700' south of Atlantic Avenue.
Krc.
L
GENERAL DATA:
Ownerl 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............................ . 4 86 Acres
Existing County Future Land Use
Map Designation ................._...... HR-8 (High Density Residential- 8
units/acre)
Proposed City Future Land Use
Map Designation._........... ._ ........ MD (Medium Density Residential
5-12 units/acre)
Existing County Zoning............. _ AR (Agricultural Residential)
Proposed City Zoning.... . _. ....... RM-8 (Medium DensIty
Resldential- 8 units/acre)
Adjacent Zoning. ...._........North: City PC (Planned Commercial)
East: City RM-8
South: County RS (Single Family
Residential)
West: County AR
Existing Land Use...................... Vacant land.
Proposed Land Use.................... Annexation with initial zoning of
RM-8 to obtain City services for
the construction of a town house
development.
Water Service.......................... .. Available via connection to an
eXisting 12" water main along the
east side of Military Trail and an 8"
main at the southeast comer of
the shopping center to the north.
Sewer Service............................. Available via installation of a lift
station and connection to a 4"
force main along the west side of
Military TraiL
i
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IV.Ä
I ITEM BEFORE THE BOARD ~
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 (Medium Density Residential 6-12 units/acre) for a 4.86 acres parcel located on the west
side of Military Trail just 700' south of Atlantic Avenue
Pursuant to Land Development Regulations (LDR) 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.
I BACKGROUND/PROJECT DESCRIPTION I
The subject property is 4.86 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. The subject property consists of 6 separate parcels with 5 owners.
Three of these parcels are undeveloped and three contain single family residential homes.
The access to these parcels is currently from Atlantic Avenue (through the shopping center to
the north) and over the private access tract. The applicant has indicated that one out of the six
(6) parcels has executed water service agreement with the City of Delray 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 MiI-
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.
I FUTURE LAND USE MAP AMENDMENT ANALYSIS I
Current land Use Designation: 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).
Requested land Use Designation: 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
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 2
· 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 4.86 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 to accommodate a townhouse development. Staff is
recommending that given the adjacent development pattern a zoning suffix be applied limiting
maximum densities to 8 units per acre. With this limit the 10 units to the acre threshold would
not be exceeded. 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 processed this year, outside the designated areas,
will not exceed 60 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change
within 200' feet, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FLUM amendment can be processed as a small scale amendment.
Land Use Analysis:
Consistency Between the City and County Land Use Desianations:
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 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,
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Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 3
(and as formally amended subsequently) are deemed to be advisory until an official Future
Land Use Map Amendment is processed.
Adiacent Land Use Map Desianations, Zonina Desianations and Land Uses:
The following zoning designations and uses abut the subject property:
I I Zoning Designation I Use I
North: Planned Commercial (PC) Shopping Center (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 (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
(Medium Density Residential). This zoning is consistent with the proposed land use
designation.
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
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 4
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 LDR Section 4.4.6(1). 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 4.861 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-8 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 (12 du/ac)
would allow 58 dwelling units, thus requiring a park Impact fee of $29,000.
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
approved the development proposal for compliance with the adopted Level of Service for
School Concurrency.
Solid Waste: The subject properties are presently vacant and therefore currently have no
impact on this level of service standard. Assuming the proposed maximum density (12
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
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 5
a minimum spacing of 300' feet if the proposed town houses are constructed as a 3 story
structures, or a 400 feet 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. The City will participate in the
increased cost associate with sizing the lift station to accommodate future flows. 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.
The 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
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfilIment 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 requirement 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
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 RM designation would allow a greater
maximum density (12 du/ac) 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 12 dulac 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
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· Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 6
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 (4.86 acres) will be combined with the 7.81 acre (Mil-Atlantic Lot "A"
and "B") site (located to the east) to accommodate a 12.491 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 dulac 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. If a suffix is added to
the zoning designation (RM-8) limiting the maximum development to 8 units per acre,
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
LWDO L-34 Canal, and the north is the Points West Plaza. The requested RM zoning if
limited to a maximum of 8 du/ac would be similar to properties to the east and west
(Coconut 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 proposed RM-8 for this subject property. It is
noted to the west of these unincorporated parcels are city parcels limited to 8 du/ac. The
eXisting single family subdivision located to the south has a designated land use of LO
(Low Density residential). The subdivision is separated by the LWOO L-34 canal and
landscape buffering will have to be provided around the perimeter of the subject property to
mitigate any potential impacts.
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.
This along with other LOR reqUirements will assure compatibility with surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 7
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 requested RM zoning
district and is compatible with the proposed MO 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.
I ANNEXATION ANALYSIS ~
Florida Statues Governing 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 Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated 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 manner In which they will be provided.
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Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 8
Police: The subject property is currently served by the Palm Beach County Sheriff's 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 Delray Beach's Police 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 Emeraencv 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
easements. 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 these parcels must be accommodated with future development of these parcels.
A traffic study has been submitted based upon the maximum number of residential units
allowed under RM (12 du/ac) which would be 58 units (4.86 x 12=58) generating 406 trips per
day (58x7=406). The maximum increase in daily traffic generation due to the requested land
use designation change from 8 du/ac to 12 maximum is 137 (4x4.86x7=137).
A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic
Division for review. A letter from the Palm Beach County Traffic Division stating that the
proposal complies with the Palm Beach County Traffic Performance Standards Ordinance
must be received and IS attached as a condition of approval. It is anticipated that the
proposal will meet traffic concurrency standards. Based upon the above condition of approval
being addressed, 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:
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 9
PARCEL ASSESSED ADVALOREM NON-ADVALOREM TOTAL COUNTY
# VALUE 2004 TAXES TAXES TAXES MILLAGE
5040 $78,576 00 $1,53300 $33.00 1,56600 19.5098
5050 $44,304 00 $864 00 $33.00 897.00 19.5016
5060 $81,08400 $1,58200 $33.00 1,61500 19.5106
5070 $81,084.00 $1,58200 $33.00 1,615.00 19 5106
5080 $139,947.00 $2,730 00 $234 00 2,964.00 19 5074
5650 $64,466_00 $1,25700 $224 00 1,481.00 19 4987
TOTAL $489,461.00 $9,548.00 $590.00 10,138.00
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:
ADVALOREM
TAXES
Fire/Rescue MSTU 251 142 259 259 448 206 1566 3.1990 DELETE
Palm Beach County Lib 42 24 44 44 76 35 264 0.5403 DELETE
Palm Beach Co Lib Debt 3 2 3 3 6 3 20 0.0404 DELETE
Children Service Council 54 31 56 56 97 44 338 o 6902
Health Care Dlstnct 86 49 89 89 154 71 538 1 1000
Palm Beach County 354 199 365 365 630 290 2203 4.5000
Palm Beach County Debt 21 12 22 22 37 17 131 o 2677
Florida Inland Navegatlon 3 2 3 3 5 2 19 o 0385
Public Schools Debt Serv 22 12 22 22 38 18 134 02740
Public Schools Loc Board 204 115 210 210 363 167 1269 2.5920
Public Schools State Law 437 247 451 451 779 359 2724 5.5660
SFWMD District 47 26 48 48 84 38 292 0.5970
SFWMD Everglades Const 8 4 8 8 14 7 50 0.1021
City of Delray Beach 7 4661 Added (City)
City of Delray Beach Debt 0.5339 Added (City)
TOTAL ....... $1,533 $864 $1,582 $1,582 $2,730 $1,258 $9,548 4.2203 Difference*
* Total tax millage in the county is 19.5072 mills while in the city the total millage is 23.7275
mills. Therefore the difference is 4.2203 mills.
The current yearly ad valorem taxes are $9,548. With annexation the yearly ad valorem taxes
will be $11,613.67, (9,548+2,065.67=11,613.67); a tax difference of $2,065.67
(489,461 x4.2203/1 000=2,065.67). 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
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 10
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:
SUMMARY OF IMPACTS ON THE GRAMERCY SQUARE PROPERTY
FINANCIAL CONSIDERATIONS
AD VALOREM TAXES 2004 + $2,065 67
City Mills. County Mills
23 7275 - 19.5072 = 4 2203
NON AD VALOREM TAXES 2004
Stormwater Assessment $0.00
Solid Waste Collection $0.00
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $2,065.67
SERVICE CONSIDERATIONS
Fire Response + Faster response from an estimated 5 5
minutes (County) to 2.5 minutes (City).
Emergency Medical + Faster response from an estimated 5 5
Services (EMS) minutes (County) to 2.5 minutes (City)
Police + Better response based upon more officers
In field; 14 patroll cars per shift daytime,
15 patrol cars during the night.
Code Enforcement + Pro-active vs reactive opportunity to work
with property owners.
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.4661 mills and debt
rate of 0 5339 mills, the property will generate approximately $3.915 68 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.
The annexation of the property to accommodate a town house development will create an
additional Impact on park and recreational facilities. The proposed RM 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 39 dwelling units, this fee
may be reduced to $19,500.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 11
I FISCAL IMPACT TO THE CITY I
AD VALOREM TAXES 2004
City of Delray Beach (7 37 Mills) $3,607.33
City of Delray Beach Debt (0 63 Mills) $308.36
SUB-TOTAL $3,915.69
NON-AD VALOREM TAXES
Storm Water Utility (58 Units @ $54) $3,132.00
SUB-TOTAL $7,047.69
PARK AND RECREATION IMPACT FEE
Future 58 townhouse development, $500 per unit $29,000.00
TOTAL $36,047.69
I ZONING ANAL YSIS I
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 applicable objectives and policies are noted:
Housina Element Policv 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 Recreation, 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:
Densit
3.5 du/ac
3.4 du/ac
1 du/ac
7.93 du/ac
8.00 du/ac
4.45 du/ac
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 12
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 Housing Element Polley 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 B-2 of the housing element.
Housina Element Policy B-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential 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 performance 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.
Section 3.2.2 (Standards for Rezonina Actions): standard "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:
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,
-------
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 13
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties are noted as Stabilization area on the Neighborhood
Categorization Map. The properties to the west (Coconut Key townhouse
development) are designated as Stable area on the Neighborhood Categorization
Map. Also, the properties to the south (Country Club Acres) are noted as
Stabilization. The rezoning is required with the annexation request. The proposed
RM zoning designation is not consistent with the prevailing land use patterns and a
suffix limiting the maximum density to 8 du/ac 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 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-8 land use designation is 39 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 ZoninQ Uses
North PC Babies uR" Us Plaza
South County RS Country Club Acres
East RM-8 Vacant Land
West County AR 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.
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.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 14
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (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 particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. The RM-8 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 LOR Section 2.4.5(0) (5).
I OTHER ITEMS I
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 along the north portion of the
property to allow direct access from Military Trail to the subdivision
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 15
I REVIEW BY OTHERS I
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 September 9, 2004 the Palm Beach County Planning Division was notified of the City's
intent to annex this property.
lake Worth Drainaae District:
On September 17, 2004 Lake Worth Drainage District was notified of the City's intent to annex
this property.
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.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Country Club Acres
o Greensward Village Condominium
o Hamlet Residents Association
o High Point
o PROD (Progressive Residents of Delray)
o Sherwood Forest
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.
I 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 requested Medium Density
Residential 5-12 du/ac Future land Use Map designation is less intense than the development
that IS allowed under the current City advIsory designation of Transitional. The application of
an initial zoning designation of RM if limited to 8 units per acre is consistent with proposed
FLUM designation, and with the action previously approved for the property to the east.
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
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 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 $3,915.68, 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
will be addressed with the review of a site plan development request. Based upon the above,
the proposed Annexation, Future Land Use Map Amendment and associated Rezoning
application should be approved.
I AL TERNA TIVE ACTIONS I
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(D) (5), 3.1.1 and 3.2 2 of the Land
Development Regulations, subject to the following condition:
. That a letter from the Palm Beach County Traffic Division is received stating that
the proposal complies with the Palm Beach County Traffic Performance
Standards Ordinance.
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 (Medium Density Residential) 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(D) (5), 3.1.1 and 3.2 2 of the Land Development
Regulations, subject to the following condition:
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 (Medium Density Residential) 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(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
------- -
Planning and Zoning Board Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amendment
Page 17
I RECOMMENDED ACTION I
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.
Attachments. Location Map and Survey
Staff Reporl Prepared by. Estelio Breto, Senior Planner
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- - EXISTING ZONING DESIGNATIONS -
OTY OF DElRA Y BEACH. fl FUTURE lAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH DENSITY RESIDENT1AL) TO CITY MD (MEDIUM DENSITY
PLANNING & ZONING DEPARTMENT RESIDENTIAl. 5-12 UNITS PER ACRE) AND ANNEXATION WITH INITAl COY ZONING OF RM (MEDIUM DENSITY RESIDENTIAl)
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14 September 2004
Planning & Zoning Department
City Hall
100 NW 1st Avenue
Delray Beach, FL 3344
Attn: Estelio Breto
Ref: Proposed Annexation, Future Land Use--File# 2004-291 & 2004-292
Board Meeting September 27,2004
Mr. 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:
· Tlñs proposal leaves our properties ~tally land locked by the City of Delray Beach~s .
decreasing the value of our propertý. Our property was more desirable to builders as a 10-acre plot
located in one municipality, instead of your proposal to make 5-acres City and 5-acres County.
· Unacceptable access to our property originally granted by the County. We currently have to
access our properties via the Points West Plaza. (Note: These building are only feet off our
roadway.)
0 Roadway frequently blocked by vehicles loading/unloading to the businesses.
0 We know ofthree instances when emergency vehicles could not arrive in a timely manner
due to the round about way you have to access our property.
· Flooding. When the development is built the property will be raised making us more susceptible
to flooding. As it stand now our roadways flood due to rain water run off from the shopping
center.
We have attended meetings in the past, such as Coconut 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 installed.
In addition you mayor may not be aware that we were also under contract with Home Devco, the same
builder that is requesting this annexation. They backed out just hours before the contract was suppose to
go hard. We feel this annexation request may be a deliberate ploy to lower our land value and limit the
access so as to make it undesirable to any builder other than Home Devco.
Further we received a letter from Anderson & Carr, a property appraiser hired by the City ofDelray,
because the City is interested in acquiring this land (including 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 taken by the City of Delray Beach at this
meeting on September 27 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.
I Regards,
,
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Barbara Robbins
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Cc: CIÚ'ðIÔ1h~ (1rJi)
CITY OF DELRAY BEACH 'Þ-
NOTICE OF ANNEXATION, lib .N/
REZONING AND LAND USE CHANGE 1/ ¡vT
ORDINANCE NO. 57-04 agenda-
The CI1y Comm'sslon 01 the Cdy 01 Delroy 8èèich, Flonda, w,lI hold 0 Public Heonng on the following proposed
ordinance on TUESDAY. NOVEMBER 16. 2004 AT 7:00 P.M. (or ot any conhnualion af .uch meehng
winch.. seI by the Commi...on) In the Comm,ss,on Chambers al City Hall, 100 N W 1.1 Avenue, Delroy Beach,
Flanch The ard,nance WIll be read by htle only and all Interested pames WIll be given the opportunity 10 be
heard AI th.. meehng the C,ty Comm....on will con..der adaphng this .mall scale amendment 10 the Furore land
Use Map of the Comprehen.1Ve Plan and the rezoning The htle of the enocIlng ordinance .. as follows
....
. A small scale Furore land Use Mop (FLUM) amendmenl FROM County HR (High DenSIty Re..denhal)- 8 C
dweI1ln¡¡ unlls per acre) TO City MD (Med,um Den..ty Residenhal5-12 und. per acre), and rezoning FROM AR tD
(Agnculroro Restdenhal) TO RM (Med,um DenSIty Residenhal) lor 0 4 86 acre property located on the wesl SIde 0
01 MIlitary Trail, appraxlnlOteIy 700 feet sooth of A~anhc Avenue £
- ~
0~NANCENO.57~ g
:::J
AN ORDINANCE OF lHE CITY COMMISSION OF lHE CITY OF D8.RAY BEACH. FLORIDA, ANNEXING TO THE i?
CITY OF DELRAY BEACH, A PARCEL OF lAND LOCATED 710 FEET SOUTH OF WEST ATLANnc AVENUE AND '"
260 FEET WEST OF MlUTARY TRAIl, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH lAND IS CQN- .!1!
11GUOUS TO EXJST1NG MUNICIPAL LIMITS; REDEFINING lHE BOUNDARIES OF THE CITY TO INClUDE SAID tD
lAND, PROVIDING FOR THE RIGHTS AND OBUGATIONS OF SAID LAND, AFRXING AN OFFICIAL lAND USE ~
DESIGNATION OF MD (MEDJUM DENSITY RESIDENTIAL 5-12 DU/ AC) FOR SAID LAND TO lHE FUTURE LAND ::T
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 lHE :::E
ZONING lHEREOF TO RM (MEDIUM DENSITY RESIDENTlALI DISTRICT, A FlEXIBLE ZONING DISTRICT WHICH '"
AllOWS A DENSITY OF 6 TO 12 UNITS PER ACRE AND AUTHORIZES A DENSITY SUFFIX TO BE AFFIXED I
THAT UMITS lHE DENSITY TO A DENSITY LESS THAN 12 BUT MORE THAN 6 UNITS PER ACRE, PROVIDING ~
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE ¡;¡
c.
A MAP (nollo scolel DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN ~
BElOW A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDMSION AND/OR METES AND BOUNDS AND :z
A COPY OF THE ORDINANCE HEREIN ABOVE NA.'ÆD CAN BE OBTAINED FROM THE OFFICE OF THE CITY ~
CLERK, CITY HAll, 100 N W 1ST AVENUE, DELRAY BEACH, FLORIDA 111
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All Interested clhzens ore mVlted to attend the public hearing and comment upon the proposed ordinance or sub·
mlt their comments In Writing on or before the date of thiS heanng to the Planßlng and Zoning Deparhnent For
further information or to oblOln a copy of the proposed ordmance, please contact the Plannmg and ZOlllng
~tment, City Hall, 100 N W 1 sI Avenue, Delray Beach, Flonda 33444 (emOlI al pzma'l@delrornlannlng:f-
or coiling 561/243-704OJ, belween the hours of 8 00 a m and 500 pm, Mondoy through Friday, exd -
'09 I,days _
PlEASED BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COM-
MISSION WITH RESPECT TO ANY MAmR CONISERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES lHE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED lHE CITY DOES_NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F S 286 0105
CITY OF DELRAY BEACH
Chevelle D_ Nub,n
Achng City Clerk
PUBUSH Thursday, November 4, 2004
Boca Rolan/Delroy Beach News
Ad# NS 11048
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