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Ord 63-05 Illm~Ulm~n~lll~u.u~mllm CFN 20050624528 OR BK 19346 PG 1821 RECORDED 10/04/2005 09:53:03 Pal. Beach County, Florida Sharon R. Bock,CLERK & CO"P1~OLLER Pgs 1821 - 1825, (5pgs) ORDINANCE NO. 63-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS 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; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, 14111 Military Trail LLC, is the fee simple owner of the parcel of land located on the west side of Military Trail, 280 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property 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 CH-8 (Commercial High with an underlying High Residential, 8 units per 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 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 July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive fmdings; and WHEREAS, pursuant to Florida Statutes 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 Conumssion of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Conumssion of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE '/4) of the northeast quarter (NE '/4) of the northeast quarter (NE '14) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida (Less Military Trail R/W) Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Storrnwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 63-05 Section 7. 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 8. That this ordinance shall become effective immediately upon Passage on second and fmal reading. \ ~ PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ~r~ ,2025.. ATTEST 8lf& l tJ OR '- City Clerk 3 ORD NO. 63-05 II I I li,J : J, J ,. ~ lIT 111 il \ I !-- g <-- ~ :;; ~ 111 ~ )!;' lAkE' ~ - ./ ______ is v CANAL ~~ """, O~ -to" ~ ~I-- ~ (/ 1/)1 I I I I I I ~ FERNOALE w I I ~I I DRIVE T Iw I I I I I I I F< I- \ \ I I -' ~ '" ____./ N.W. 6TH - I <{ J > 0:: '" << . I- /~ I-- V~NIV5THCT '\ / I' '\ , ~t/ If I ;; '" ---~ '--s'r >-- "'~ I 0:: I? <{ -\ j\J- I-- -' -k= At 3RO OR :2' I CN.W. 3RO CT + + + + NESTING WAY ! LJ L-32 I I + v1L'Ef'b+ "' " ," .il ~:,:, A' i' t :, ,J" " )" ".i!. il 11111 t ~ w > ~ ,I.!i CONKUN N_ w_ 3RO ST. ,. ., ; 1111\ 11111 IITIf d ,,~ . a ".. " " " ::.:..i: ::l.il~ :r: ROSEAIRE RETREA T EXTRA CLOSET STORAGE; . z ~ - 01'-\'1\'- I-- ::::> o (j) POST OFFICE' "'\ f--- ~- "" "' > r--:-: rf /? ,,_. BOYS FARMERS MARKET - l- I- I- '- , Ii! . .~. ~ 0- _ ~J-- ~ - I--- - wI--- -~I-- ,\ "- h~ /;11l k !2 SHOPPES OF DELRA Y ~.-.P RU": LM853 N kj. VAlERO GAS STATION a-t~8 (COMMEROAl HIGH '#/IRi AN UNOERL VlNG HIGH RESIO(NTIAl) TO aTY GC (GENERAl CQMM€ROAl) FU)M fROtJ: o TV OF OELRA Y BEACH. n.. PLANNING &: ZONING OEPARTNOH RUOtIlHG: ffiOt.l ee/SE (couuEROAl GENERAL SPEDAl EXEPTION) TO GC (GENERAL CQt.lU[ROAL) ~ WMKlNS ",afORE lINES AND PUBUC SElF SfORAGf fACIUTY fUJt.l fRQt,6: CH-8 (COMMEAOAl HIGH WITH AN UNOCRlYlNG HIGH RE:SIOENflAl) TO all' TRN (TRANSlT1ONAL) REZONING: fRQt.J eGISE (COUMERClAL aNERAL SPEOAL EXCEPTION) TO SAD (SPECIAL A.CnVIllES DISTRlcr) __ DIGITAL BASE MAP SYSTEM -- [ITY DF DELIAY BEA[H DElRA Y BEACH F (). ()" tdtd AII.America City lllll! 1993 2001 CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444.561/243,7000 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 63-05, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of September 2005. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of September, 2005. ~~. ~~:IV Chevelle D. Nubin City Clerk City of Delray Beach, Florida (SEAL) @ P,ir'(fJd Of' Rt>cvclod Paper THE EFFORT ALWAYS MATTERS (' /,\ \ ORDINANCE NO. 63-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS 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; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, 14111 Military Trail LLC, is the fee simple owner of the parcel of land located on the west side of Military Trail, 280 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property 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 presendy under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM) designation of CH-8 (Commercial High with an underlying High Residential, 8 units per 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 subsequendy amended, are deemed to be advisory only until an official Land Use Amendment is processed; 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 July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive fIndings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and (' /''ì furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ! CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE %) of the northeast quarter (NE %) of the northeast quarter (NE 1/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida (Less ,Military Trail R/W) Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conwtions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 63-05 , (' /,\ Section 7. 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 8. That this ordinance shall become effective immediately upon Passage on second and final reading. \..ø.. ~ PASSED AND ADOPTED in regular session on second and final reading on this the _day of ~~ ,20~. 8æof b ATTEST '- ~'D. ~~ City Clerk First Reading ~\ \~ \ D5 Second Reading ~ \ ~ \,,05 I 3 ORD NO. 63-05 / ~ I r ÞI ~I 1--;1. I I 1 I 1 I I I '- « -----' \\ I I (5 FERNDALE w DRIVE --.Ji ~ I ~I- I 9 î------. /' N. W 6TH §« tl} I . > J NESTING WAY 0:::: :;:: 4; . - /if I t- ~ZN.W 5TH CT. rl ' -¡ i - '- ~ " I I Ll .r ~Œ?p:~ I J~ ST. >- Š I I 0:::: <= CANAL L-32 « I f- ~ -'UI o~ -1. 3RD -. N W. 2 rF-îl I (y W. 3RO cT , + + + + + tt 4L"1:.{.?b + I!:!i ,,-,~, .~ 1 I I I ... I ,,-' _ _ -, _ ,-, III > r < » - AI-- CONKUN D~\7t"- ,- - - ,-, , fTl L, ,1 T, ì:.;:,=::~=t J :: "LI. f I N W. 3RD 5r " " , "l -' -, -'t J!i. ~ (j 'A' ~ === ~ III r I II I ~ '" - z _0 D° 0 en ~ '---:5 III I I III I EXTRA CLOSET '==::; ~ STORAGE; ~ ~ Z I f" I 1H'; , ... . " ,-, -,,- '-, I I~ ,'--- 11_ 1.".11_1 I " I' " " " I " 11.11_11_11_".'" \ JI ~ I ~O/..v,. f- POST ROSEAIRE OR\~ OffiCE - RETREA T ) !:f1 ¡----!:.AkF: => ~g 0 (f) ~\I I I I I -" - I' - I' -, 1.11__.<>..' 1....'__' _" _,,_ BOYS , . " ,-'....,..., ",., III FARMERS - ~ ~ ~ ~. ì MARKET - - I-- I.J t/ IS - - a //1 Jff - ð- - 0:: - - - SHOPPES OF -w - - w DELRA Y - -' ,-- '-- I k:] VAL£RO CAS STATION IMP REF. LM853 N fLUM fROM 0i-8 (COMIAEROAL HIGH WITH AN UNO£Rl VlNG HIGH RESlDENnAL) TO OTY GC (GENERAl COMMEROAl) - REZONING fROM CGjS£ (COtAfEROAl GENERAl SPEOAl ExEPnON) TO GC (GENERAl COM"'EROAL) OTY Of OELRAY BEACH. fL ~ WATKINS "'OTORE LINES AND PUBLIC SELF STORAGE fACtUTY PLANNING & ZONING DEPARTNENT fLUIA fROM' CH-II (COMIAEROAL HIGH WITH AN UNDERLYING HIGH RESIOENnAl) TO OTY TRN (tRANSlnONAl) - - OIC/TAL BASE IMP SYSTEM -- REZONING. fROM CG/SE (COMIAEROAl GENERAl SPEQAL EXCEpnON) TO SAD (SPECiAl ACnVlTlES DiStRICT) [ITY DF DELRRY IER[H DELRAY BEACH f lOll I [) A tzaI:II CITY CLERK 100 N.W. 1st AVENUE DElRAY BEACH. FLORIDA 33444 561{243-7000 AII·America City , 'III! 1993 2001 September 8, 2005 NOTIFICATION OF ANNEXATION Please find a copy of Ordinance No. 63-05 annexing property to the City of Delray Beach, which was passed and adopted on second and final reading by the City Commission in regular session on September 6, 2005. Ordinance 63- 05 will be recorded with the Palm Beach County Clerk of the Court. This information is being provided in accordance with Section 166.231 of the Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of Delray Beach. If you have any questions, please do not hesitate to contact the City Clerk's office at (561) 243-7059. Sincerely, ~'S>.'0~ Chevelle D. Nubin City Clerk Attachments: Ordinance No. 63-05 Annexation Brief * Pnnt9d on Røcyc/ed Paper THE EFFORT ALWAYS MATTERS £ITY DF DELRRY IER[H DElRAY BEACH f l 0 . I [) " tzaI:II CITY CLERK 100 N.W. 1st AVENUE DElRAY BEACH. FLORIDA 33444 5611243-7000 AII·America City , 'III! 1993 2001 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 63-05, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of September 2005. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of September, 2005. ~'S).~ Chevelle D. Nubin City Clerk City of Delray Beach, Florida (SEAL) * Print9ci on Røcyc/9d Paper THE EFFORT ALWAYS MATTERS " . '. ... ORDINANCE NO. 63-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS 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; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, 14111 Military Trail LLC, is the fee simple owner of the parcel of land located on the west side of Military Trail, 280 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property 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 CH-8 (Commercial High with an underlying High Residential, 8 units per acre); and WHEREAS, the City's FLUM designations as 1nÎtlally contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only unci an official Land Use Amendment is processed; 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 July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and I I I I .. . furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, ì Florida, which lies contiguous to said City to-wit: ! Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE V4) of the northeast quarter (NE %) of the northeast quarter (NE %) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida (Less Military Trail R/W) Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate linuts of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 63-05 Section 7. That should any section or provision of tlùs 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 8. That tlùs ordinance shall become effective immediately upon Passage on second and fInal reading. \.ø.. ~ PASSED AND ADOPTED in regular session on second and final reading on tlùs the _day of ~~ ,20.Q5... 8æof ~ ATTEST '- ~'D. ~~ City Clerk First Reading ~\ \\0 \ D5 Second Reading ~ \ ~ \ as \ 3 ORD NO. 63-05 . '. :/ ~ I ÞI ~. ,..;' I I I I I I ~4e- \ r FERNOALE w DRIVE -I. I ~I- I ~«. II ;;;? I------/' N. W. 6TH . ;.; .. > / NESTING WAY 0:::. _ 3: 4 Fff- ! l- v--- Z N. W 5TH CT. R . ' I .... . ~ _l ~ LJ · N . =~.w. < r~~--~ J4~ ST. I 0::: <= CANAL L-32 « I- '--.r- -",UL ~ JRO 2f11 .. (y'w. 3RO CT , + + + + . + V1L"'E.{?b+ ..... .......-...- .1: I I I . ... > .- i . _. _, _. _. _ ._ '.' -< > f--- AI-- CONKUN O~~' ..'.. .". ,.' " fT1 .. J.., .I.. J ,~L;;:.b :;;;.).". r N. W. 3RO ST, i-, " -. 1"""..... Â nrw'A' I t " == ~ III I I III ~ .¿> - Z 0 -::: '--- « III I I III I .---.. EXTRA ClOSET ....J 3i r---- . ~ STORAGE; '--~ ;i ..-. -,,-,,-, ::.:;.::.::."]' .;~ ,~ ~"" " " " " " . .. ~Oli\',. I- POST ROSEAfRE ) ~~AK£ OR'''¡£' OFFICE- RETREA T ::> ~ ~& 0 (f) ~\- I ·'1-"-1-_·'-".11 .. :->:-;--, BOYS . ".,-_..".,,-, ......' .it FARMERS - ~ ~ ~ ¡ ..... MARKET - - - I.J /1- ~ Js} '------- - I- -0 1/ JI i ¡ ...... êj- ~ f--- - 0:: ì p f--- - .- SHOPPES i!' OF f-- - - § iJ:1 /2 OELRA Y f-- ....J - J- ~ VAlERO GAS STATIOt4 W\P REF: LM853 N FllJ... fROM' Qi-B (COt.IMrnaAl HIGH 'MlH AN UNÐERL'llNG HIGH RESIOENnAl) TO cny GC (ŒNERAl COt.IMffiOAl) - REZONING' fROM CG/S£. (COMMEROAl G€NERAL SPEOAl ExEPl1ON) TO CC (GENERAl COt.IMEROAL) a TY OF OELRA Y BEACH. Fl. ~ WATK1NS MOTORE LINES AND PuBt.IC S£.lF STORACE FACIlITY PLANNING ole ZONING DEPARlIoAENT FLUM FROM' CH-B (COMMERaAL HIGH 'MTH AN UNÐERLYIfoIC HIGH RESIOENnAl) TO aTY TRN (rnANSl1IOOAl) - - DICITAL BASE MAP SYSTEM -- REZONING: fROM CG/S£. (COMMEROAl GENERAl SPEOAl EXCEpnON) TO SAD (SPEOAl. AcnVlnES DISTRICT) ANNEXATION BRIEF FOR THE VALERO GAS STATION PROPERTY Property Control Number: 00-42-46-14-00-000-1150 Acreaae: 0.96 Acre. Number of BuildinQs On-site: 1 Taxable Value: $490,000.00 Proiected Population Increase: 0 Owner's Address: 14111 Military Trail LLC., 5558 North Ocean Boulevard, Boynton Beach, Florida 33435. Property Address: West side of Military Trail just 1,400' feet south of Lake Ida Road. County Land Use DesiQnation: CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). Proposed City Land Use DesiQnation: GC (General Commercial). Proposed City ZoninQ DesiQnation: GC (General Commercial). Current Use of Property: The subject property consists of a 0.96 acre parcel which is currently being used as a Gas Station. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI1Y MANAGER {JJ1:1 SUBJECT: AGENDA ITEM # \() F - REGULAR MEETING OF SEPTEMBER 6. 2005 ORDINANCE NO. 63-05 (ANNEXATION - VALERO GAS STATION) DATE: SEPTEMBER 2, 2005 This Ordinance is before Commission for second reading and public hearing for a voluntary annexation via water service agreement for a 0.96 acre parcel of land which contains Valero Gas Station, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. The property, located in unincorporated Palm Beach County, is zoned CG/SE (Commercial General/ Special Exception). The property is located within the City's Planning Area (Future Annexation Area) and the City is executing an annexation clause (voluntary annexation) contained in the executed water service agreement. The Valero Gas Station was legally established by Resolution No. 81-1212, approved on September 29, 1981 by the Board of County Commissioners. The property is currendy receiving water service from the City and is contiguous to the City limits to the east. On August 2, 2005, the Future Land Use Map (pLUM) amendment for the property was considered by City Commission as part of Comprehensive Plan Amendment 2005-2. On July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission that the request be approved. Recommend approval based upon the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and based upon positive findings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions). and Section 2.4.5 (D) (5) (Rezoning Findings); and that the property is contiguous, reasonably compact, and does not create an enclave; and services will be provided to the property in a manner similar to other similar propertles within the City. At the first reading on August 16, 2005, the City Commission passed Ordinance No. 63-05. Recommend approval of Ordinance No. 63-05 second and final reading. S:\Clty Clerk\agenda memos\Ord 63-05 Valero Gas StatJon AnnexatJon 090605 0t\ D4 , I CITY COMMISSION DOCUMENTATION I TO: D~~D T. H RDE ,CITY MANAGER THRU: PA tD§RLlNG, ECTOR OF PLANNING~NING FROM: ESTELlO BRETO, SENIOR PLANNER £2 .. ~ . SUBJECT: MEETING OF AUGUST 16, 2005 ANNEXATION FOR A PARCEL WHICH CONTAINS VALERO GAS STATION. THE PARCEL IS A 0.96 ACRE SITE lOCATED ON THE WEST SIDE OF MILITARY TRAil, APPROXIMATELY 1,400 FEET SOUTH OF lAKE IDA ROAD. ~ BACKGROUND I The 0.96 acre site which contains Valero Gas Station is currently located in unincorporated Palm Beach County and has a CG/SE (Commercial General/Special Exception) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the City is executing and annexation clause (voluntary annexation) contained in the executed water service agreement. The Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners. The property is currently receiving water service from the City and is contiguous to the City limits to the east. ~ PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with this request. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the request be approved. The request was approved based upon positive findings with respect to 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. The Future Land Use Map amendment for the subject property was considered by City Commission on August 2, 2005 as part of Comprehensive Plan Amendment 2005-2. ~ RECOMMENDED ACTION I By motion, approve on first reading the ordinance for Annexation for the Valero Gas Station, based upon 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(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, and with Florida Statute 171.044, as the property is contiguous with the City, reasonably compact, does not create an enclave, and services will be provided in a manner which is consistent with services provided to other similar properties already in the City. Attachments. Staff Report prepared for the P & Z meeting of July 18, 2005 Ordinance No 63-05 \~ß PLANNING AND ZONING BOARD CITY OF DElRA Y BEACH ---ST AFF REPORT --- MEETING DATE: July 15, 2004 AGENDA ITEM: IV.D.2.b. ITEM: Future Land Use Map designation change from County CH·8 (Commeraal High WIth an UnderlYing High Residential. 8 du/ac) to City TRN (Transitional) and rezoning from County CGISE (Commercial General Special Exception) to City SAD (Special Activities District) for Walkins Truck Terrrnnal and Public Storage Facility; and Future Land Use Map designation change from County CH-8 (CommerCIal High With an Underlying High Residential. 8 dulac) to City GC (General Commercial) and rezoning from County CGISE (Commercial General/SpecIal Exception) to City General Commercial (GC) for Valero Gas Station. The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of lake Ida Road. lOA ROAO ,¡¡¡ LA( = GENERAL DATA: Owner/Applicant....... ... .............. City of Delray Beach Agent... ..... ........ ... .................. .... City of Delray Beach Location................... ........... ........ West side of Military Trail approximately 1400' south of lake Ida Road. Property Size.............................. 9.13 Acres Existing County Future land Use CH-8 (Commercial High -<... Map Designation ........................ with an Underlying High 0::: Residential, 8 dulac) CANAL L-32 « Proposed City Future Land Use I- Map Designation......................... GC (General Commercial) In part, and TRN (Transitional) in part. Existing County Zoning............... CG/SE (Commercial General Special Exception) Proposed City Zoning................. GC (General Commercial), in part, and SAD (Special Activities District) in part. Adjacent Zoning................ North: Palm Beach County Single Family Residential (RS) East: Residential Medium Density (RM) and Planned Office Center (POC) South: Palm Beach County Agricultural Residential P05T (AR) and City Automotive Commercial (AC) West: Palm Beach County Agricultural OFFICE HlCJ.ipON T ::J Residential (AR) 0, Existing Land Use...................... Truck Terminal. Storage VI of.> ~'-> Facility, and Gas Station . <ö ~r.; ,?,'J;' {, Proposed Land Use.................... Same as existing x ç.-r ~t' Water Service............................. 12" water main located I along Military Trail. I Sewer Service.................... ........ Sewer service is available , from a lift station at the --- - north east corner of the site - - - IV.D.2.b. · ·~~40A··.t,:;,.I!r' .IQ:';:!!".'"'~" . .......-.......... ..·_~..·T-··-~~~~...F¡~< ."h1n~......~~"!;..~.~...:-:"-_..'~~..,,~~-.:;. ~":,,.':f ..:...~'\.~ ·~·.d":~.(:··:.~·.r.·:·.-'H.:'·~':f.';'.."..'· ITEM BEfORE: ·HE· .öO~1:I ~:~'. ·:'.~"~i':''' ~"!,. ,i"i"" ~..:. .' :. .:-~..¡~-;:. .."'t I ...~..... ..... ,.. 'II ~ - "1... ..-." . "I. . "1'10. . _... II ..,.... ..... ....,.......... .' - ... . . The action before the Board is that of making a recommendation to the City Commission on Voluntary Annexation. Future Land Use Map Amendments and Rezoning as follows: o Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) 'to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). The three parcels are contained in a 9.13 acres site located on the west side of Mifitary Trail approximately 1,400' south of Lake Ida Road. Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recomme.ndation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. ~ ~,-, ~2·<.~).;:~. y~ -;f;\(:'~?~fi§i~idíÚFTÛ·~!~I~:~'-· ~'!~~~~;:-¡'~~~~~ rÜ~t:~~:::-~: ~:~~_~~~~~7~~~~:. -~--¿~~~~~'l The subject property is 9.13 acre site which contains three parcels located on the south side of Canal L-32 and to the north of Conklin Drive and front on Military Trait. The property is bound to the south by Tire Kingdom and La Sedona town house development. To the west the property is bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north by High Point of Delray West (Condo Development); and to the east (across Military Trail) by High Point of Delray East (Condo Development) and Pylon Professional Center. The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins Truck Terminal. The truck terminal known as Watkins Motor Lines was legally estab1ished by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the property. Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners which granted a specia1 exception to allow an auto service station on the southeast portion of the property. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 2 the Board of County Commissioners which granted a special exception to anow an endosed storage facility on the southwest portion of the property. The access to these parcels is directly from Military Trail. The property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City has an Advisory land use designation of TRN (Transitional) on the property that allows the establishment of uses which are compatible with adjacent residential use. The applicants are currently receiving water service from the City and are contiguous to the City limits to the east. This water was provided pursuant to a water service agreement which contains an annexation clause. The execution of that agreement was a consent to voluntary annexation under Florida Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the City Commission deems it to be in the best interests to the City to annex the property. The Future Land Use amendment and rezoning of the subject property will part, of Comprehensive Plan Amendment 2005-2 September 2005 to be adopted in September 2005. 1: --- , --- ----~,.,=---~._~r.r~:f~:::-~-~~'/~'--,;.;'<r.> ~~lP~~~:---:~i-~;f~·~1~f;î-~;-~'~T::4 ~;:;7>"~~~~~~~~~ b, , j' "õ,. ~ ~ >. ,~¡..';~ ¡..¡;~J¿'Æ ¡~'..,~~i;\ "13, ¡:::I ~~B""¡;¡Uf~~i:J:~"~'~~r!J"'t""oÌá~~'" <.:),.-1'$. ,,"'; {... ., " _~ _....~~~.__~..,-~~~~' .,."..,._< . _~. "'--- .... ~_. -~ ....I'~" '! ~ 1M'8!!I!III_ Current Land Use Designation: The current land use map designation for the property is County CH-8 (Commercial High with an Underlying High 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 TRN (Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC (General Commercial) for Valero Gas Station. Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property 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". The proposed GC land use designation for the Gas Station is not consistent with the advisory designation of Transitional. However, given the long standing use it would appear inappropriate to apply a designation which would make the existing use non-çonforming. In the case of the other two uses they are currently allowed in industrial districts. While the proposed zoning will allow the uses to continue, the long term redevelopment of the sites to a use more consistent with the transitional land use and compatible with adjacent residential areas is desired. Land Development Regulations Governing 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 owners consented to voluntary annexation via execution of the water service agreement. It is noted that all the parcels are subject to the voluntary annexation. The original agreement was signed by Watkins Truck facility and parcels were later sold off for development as the Self Storage and Gas Station facility. However, as the agreement runs with the land all these parcels are now subject to annexation. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 3 land Use Analysis: Consistency Between the City and County land Use DesiQnations: The proposed City Advisory land Use Map Designation for the property is TRN (Transitional). The existing County Future land Use Map Designation for the property is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The City's TRN land Use Designation is consistent with the County's residential component of the CH-8 designation in that residential developments with a density between five and twelve units per acre are allowed. However, the Transiüonalland use designation does not allow commercial development other than that of a neighborhood scale. Given the development of adjacent properties with predominantly residential uses it would appear more appropriate to limit redevelopment to those allowed in City zoning districts consistent with a Transitional land use designation (office, medium density residential, or neighborhood residential commercial) rather than heavy commercial uses. Adiacent land Use Map DesiQnations, ZoninQ DesiQnations and land Uses: . The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Palm Beach County Single Family High Point of Delray West (Condo Residential (RS) Development) Palm Beach County Agricultural Rockland Park Single Family South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and Commercial (AC) Tire KinQdom Residential Medium Density (RM) and High Point of Delray East (Condo East: Planned Office Center (PaC) Development) and Pylon Professional Center West: Palm Beach County Agricunural Rockland Park Single Family Residential (AR) Subdivision (Alona Conklin Drive) North: North of the subject property, has a Palm Beach County zoning óf RS (Residential Single Family). The property is developed and contains multiple family structures. South: To the south, across Conklin Drive, has a Palm Beach County land use designation of lR-3 (low Residential 3 - dulac) and a City land Use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General Special Exception (CG/SE) and is vacant land. West: The abutting property to the west has a Palm Beach County land use designation of low Residential 3 - du/ac (lR-3) with a City land use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family home and horse farm located on a five acre parcel. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 4 East: East of the property (across Military Trail) has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and'is zoned RM (Residential Medium Density). The property to the east is known as High Point of Delray East Condo development. Staff is recommending that although the adjacent development pattern to the west and to the north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR (Agricultural Residential) a land use change to General Commercial and rezoning of GC (General Commercial) for the southeast portion of the property, and a land use change to Transitional (TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be supported. This rezoning will maintain consistency with the development pattern to the south and will avoid creating non-conforming structures of these previously legally established uses. The Transitional land use and SAD zoning will allow flexibility in future development but will not promote further industrial development upon redevelopment as currently exists on the site. Allowable land.Uses: Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed as a conditional use [Ref: LOR Section 4.4.9(0)(9)). Within the SAD (Special Activities District) zoning designation all uses which are allowed are established at the time of establishment of the SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approved (via ordinance) by the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities will become permitted uses with the adoption of the SAD zoning for this site. REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to lDR Section 3.1.1, prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. a 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 General Commercial (GC) zoning district is consistent with the proposed General Commercial (GC) FLUM designation. Under the proposed GC (General Commercial) zoning district gasoline stations are allowed as conditional use to the GC District. The SAD zoning is deemed consistent with any land use designation on the Future Land Use Map and has been established to allow for projects which are not otherwise classified in other zone districts. With the adoption of the SAD (Special Activities District) zoning designation the Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 5 public self storage facility and truck terminal will become permitted uses at that site. This will allow the current uses to remain conforming yet not encourage future industrial redevelopment. 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 CH-8 to GC for the southeast portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains three parcels. The proposed FLUM Amendment will accommodate existing uses. While impacts will not increase they will shift from County providers to City providers. It is noted the City has provided the site with water service for many years and will continue to do so upon annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed .below: Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing 49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year (49,423 sq.ft x 5,2.12,000 Ibs. = 256,9991bs or 128.50 tons). The existing 17,980 square feet of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x 9.2./2,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is 225 tons. This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Sewer: Sewer service is available from a lift station at the northeast comer of the site. 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, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This 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. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 6 The proposal involves annexation of unincorporated property which requires changing the FLUM designation from County to City. The current County FLUM designation is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's designation is GC (General Commercial) for the southeast portion of the property, which provides basic regulations for small parcels that are best suited for general retail use but which are not of sufficient size to be designed in a planned sense. The proposed City's land use designation for the balance of the property is TRN (Transitional). The City's FLUM designation being applied is also the City Advisory designation of TRN. As the designations are either the adopted City Advisory designations (TRN) or are of similar intensity and more appropriate given existing approved development (General Commercial), the data and needs analysis are met. 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 at the time it was established did not have any unique environmental characteristics that would have prohibited development of the site or require mitigation measures. The property was developed in a manner that was complimentary to the adjacent use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to the adjacent residential areas with the provision of a buffer along the west, and south portion of the site. It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach County made the foUowing finding of fact with regards to the gasoline station: 1. The proposal would be in harmony and compatible with the present and future development of the area concerned. It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach County allowed an enclosed storage facility on the property subject to the following conditions: 1. The Property Owner shall convey for the ulümate right-of-wáy of Military Trail, 60' feet from centerline approximately an additional 10 feet within 90 days of adoption of the resolution by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first building permit; 2. The developer shall be permitted only one access onto Military Trail within the existing 20 foot ingress/egress easement. 3. Prior to certification by the Site Plan Review Committee, the site plan shall be modified to reflect: . Placement of a required 6' masonry wall along the western and southern property lines so that tree planting may be included between the wall and property line (external to the enclosing wall). Adequate space shalf be allowed to permit maintenance of the plantings; Planning and Zoning Board Staff Report: Meeting of 07118/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 7 . Canopy trees 8' - 12" in height planted 20' on center average, along the southern and western boundaries of the site, placed between the required masonry wall and the property lines; . Canopy trees 10' - 12' in height, planted 30' on center average, along the site's frontage on Military Trail. It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the Truck Terminal facility on the property. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the GC (general Commercial) land use designation will be compatible with adjacent development pattern to the south of the subject property which has a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low density residential properties to the south (Conklin Drive), and to the north and west (High Point of Delray West Condo) is of some concern. With existing commercial developments of this kind, the City requires that trees must be installed every 25' along the south and west property line abutting single family residences. With future modifications to the site these regulations will be applied. 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. At this time no issues have been identified which would indicate non-compliance with the requirements of the GC and SAD zoning district. Buffering particularly with respect to the adjacent single family areas to the south and west as required by the approved County sites plans and must be maintained.' _¥ _ _ ~ ~ _ ~ _~ _ ~ _ _ _ _ _ ~_~ __...,0------...........__",...- ___v_~_v~"""""'_ - .---"..,...-.,-,..- ""'-- - -~ --- _ ,_~__ ___~_~I~~~~~_ ~_ _ _ _ ~__ ^__.__~_~~·~l~:__ ~~ ___:~f~~.~_--=~~l~~~~~~:j1£~~¡ ~1 ,~~(~~, ,y HiR¿ ~-:~:~, '. ",""_/i<;:> ~-,,_~ Florida Statues Governing Volùntàrv Annexations: Pursuant to the Aoñda Statutes 171.044 8the 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) 81and shall not be annexed through voluntary annexation when such annexation results in the creation of endaves". Pursuant to F.S. 171.031 (13), àn '''endave'' is (1) any unincorporated improved or developed area that is endosed within and bounded by a single municipality and a natural or man made obstade 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. These three parcels do not meet the definition of an endave nor would its annexation create one. Planning and Zoning Board Staff Report: Meeting of 07118105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 8 Land Development ReQulations 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 Floñda Statutes. The original property owner for all three parcels has consented to voluntary annexation. CONSISTENCY WITH THE CITY '5 COMPREHENSIVE PLAN: Oesianated annexation area: The territory to be annexed is located within the designated annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue. Annexation of the subject terñtory 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 añse. 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. Police: The subject property is currently served by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheñff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One officer is assigned to a particular zone duñng 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 duñng 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 duñng routine patrolling to the north, west and east of the property. Fire and Emeroencv SeNices: 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 dose 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 and sewer have previously been discussed under Future land Use Analysis section of this report. streets: The subject property has direct access to Military Trail which is under the jurisdiction of Palm Beach County. The juñsdictional responsibility immediately adjacent to the property change as both side of the street will be within the City limits. However, associated road maintenance will not change upon annexation. Planning and Zoning Board Staff Report: Meeting of 07/18105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 9 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: - - . ,. - - - . -. - - - - - ~ n~ ';. '" _ ~ ,: . - , - .~ - <' - . - ...... + -"" --..... . - - - -- , - . .- - - - -~ ~- ~ - - - - - < -<>---^- - ._~-- 424614000001010 $1,304,531.00 $25,445.00 $1,674.00 27,119.00 19.50509 23.7254 $30,950.52 $5,505.52 424614000001140 $2,000,000.00 $39,010.00 $2,594.00 41,604.00 19.50500 23.7254 $47,450.80 $8,440.80 424614000001150 $490,000,00 $9,558.00 $469.00 10,027.00 19.50612 23.7254 $11,625.44 $2,067.44 TOTAL $3,794,531.00 $74,013.00 $4,737.00 $78,750.00 19.50518 23.7254 $90,026.76 $16,013.76 For the 2005 tax year the subject property (three parcels) had a combined assessed value of $3,794,531. With the change from County to City jurisdiction, the following taxes and rates will be affected: ; ~-:.:" ,,~~':-<:::. H , . - - - ~ - - ~~< -.:~ -- '~~ ~- _::.' ~-¿ ~ -~ ~~~£~-~~; _~ ~~=-....,¿__;: :,.~~~:.-~.~<~_~~~ _~_=-~--::7.00~;:~::__ __~ Fire/Rescue MSTU 12,138.70 3.198999 DElETE 0.00 0.00 Palm Beach County Lib. 2,050.19 0.540301 DELETE 0.00 0.00 Palm Beach CO.lib.Debt 153.30 0.040400 DELETE 0.00 0.00 Florida Inland Navegation 146.09 0.038500 146.09 0.038500 Health Care District 4,173.98 1.099999 4,173.98 1.099999 Children Service Council 2,618.99 0.690201 2,618.99 0.690201 Palm Beach County 17,075.39 4.500000 17 ,075.39 4.500000 Palm Beach County Debt 1,015.79 0.267698 1,015.79 0.267698 Public Schools Debt Serv. 1,039.70 0274000 1,039.70 0.274000 Public Schools loc.Board 9,835.42 2.591999 9,835.42 2.591999 Public Schools State Law 21,120.36 5.566000 21,120.36 5.566000 SFWMD District 2,265.34 0.597001 2,265.34 0.597001 SFWMD Everglades Consl 379.45 0.099999 379.45 0.099999 City of Delray Beach 7.466100 Added (City) $28,330.35 7.466100 C· of Delra Beach Debt 0.533900 (Qty) $2,025.90 0.533900 * Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398 mitis. Therefore the difference is 4.220221 mills. The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76 (3,794,531 x4.220221/1 000=16,013.76). 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. For non-residential units the assessment fee is calculated using the following formula (# sq-ft of impervious area 68,327/2,502) X $54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $1,474.68. A further increase based upon new Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility Annexation. FlUM Amendment with Initial Zoning of GC and SAD Page 10 impervious surfaces will be realized with future development/redevelopment of the site. A 25% discount from the assessment is available since the property is within the lake Worth Drainage District. An additional 25% is also available as drainage is retained on site. Occupational License Fees - The gas station. public storage facility and truck terminal have an occupational license. With the annexation, these facilities must obtain an occupational license from the City, in addition to the County's license. The City license fee is $142. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. For non-residential units -the assessment fee for solid waste collection is calculated using the following formula (# sq. ft. of impervious area 68.327*$17.09)/1,000=$1,167.70). Resulting Impacts to Property Owners: " ~ ~ - < - ~' ¡ - ¡ . ~ ~ ~ ~ '~!~]~i' .J ,- . - ; " . ~ - -- - ~ - . - , < ~;j :-___~¿..~;~:"~~~::.;1~_ :_~ ~~~~": :<~~= _ _~ }- =-"~ _~ "::_: _;~ ~:~~_~~-:~"_~~~:1iL~GI~4111::;JIII~~} .' Pm ."-- ......,.-~~- ~ ~ - ~~~~~:~ _.: ~ ~~~~~~~-~~¡~ ~~ffr~~IZL~~;~ ~~ ~ -_' <c~ ~~~=_'!1",,_1 ~""~-",-.~,,,!!!!', 'I''I" , to:. _ _-< ~~'--_~ AD VALOREM TAXES 2005 + $16,013.76 City Mills. County Mills 23.7254 - 19.50518 = 4.2203 NON AD VALOREM TAXES 2005 Stormwater Assessment $1.474.68 Solid Waste Collection $1.167.71 WATER & SEWER UTIUTY FEES $0.00 ANNtlAL ~I~ANC~ IMftACT: + $18,656.15 Fire Response + Faster response from an estimated 5.5 minutes (Coon ) to 2.5 minutes (Ci ). Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes {Coun to 2.5 minutes (Ci ). Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 atroll cars durin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with owners. Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661 mills and debt rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 11 AD VALOREM TAXES 2005 City of Delray Beach (7.4661 Mills) $28,330.35 City of Delray Beach Debt (0.5339 Mills) $2,025.90 SUB-TOTAL $30,356.25 NON-AD VALOREM TAXES Storm Water Utility (# sq.ft. of impervious area/2,502) X $54) $1,474.68 SUB-TOTAL $31,830.93 PARK AND RECREATION IMPACT FEE $500 per dwelling $0.00 TOTAL $31,830.93 =~ ___-~~---~-~~--~-~--=~~=~J; :_~~;}.,~~~þ~ ~~~~~?- --~~-~~~.~~- ----~---~~=-_:~--- ~~=~ 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 GC (General Commercial) and SAD (Special Activities District) while the current County zoning designation is CG/SE (Commercial General/Special Exception). The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS (Single Family Residential) to the north and a portion of the south; and County AR (Agricultural Residential) and City AC (Automotive Commercial) 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 pÖlicies are noted: Policy 8-3.2 - Water and sewer facilities may 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 voluntary annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of service. This annexation is consistent with this policy as well as the City Commission policy relating to annexation of contiguous properties if City services are required. This request is also consistent with Future Land Use Poficy A-1.7 which has been previously discussed. REQUIRED FINDINGS: (Chapter 3) Previously discussed under Land Use section of this report --- Planning and Zoning Board Staff Report: Meeting of 07/18105 Valero Gas Station. Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 12 COMPUANCE WITH lAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (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 and Zoning analysis sections of this report. Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "cn, and "E" are not applicable with respect to this rezoning request. The only applicable performance standard óf Section 3.2.2 is as follows: 0) 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 GC and SAD zoning designations will allow the existing facilities to continue to operate. It is noted, that south of the subject property has a City Land Use Designation of CG (Commercial General) and is zoned AC (Automotive Commercial). The property is developed and contains a tire store and automobile repair facility (Tire Kingdom) which is consistent with the type uses of the subject property (Public Self Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is recommending that although the adjacent development pattern to the west. and south of the subject property consists of AR (Agricultural Residential) and RS (residential Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special Activities District) are appropriate. This rezoning will maintain ~nsistency with the development pattern south of the subject property and wifl avoid creating non- conforming uses that have been in operation since December 11 1984 (Public Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and September 29,1981 (Valero Gas Station). Section 2.4.5 (0) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (0) (5), Pursuant to lOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or . Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 13 (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 City zoning designations be applied. The GC (General Commercial) and SAD (Special Activities District) zoning are appropriate as they are consistent with the County CG/SE (Commercial General/Special Exception). '<-~-~-~ -~~~-- ~..,------~ ~-.-~-~- -- --~---- -~~~----~---~~-~---- ~-- -~ ~ l· >, ,'. '<~~:~ ;":. ~~_·¡<.Y<m~_~_~ .~~~~rl¥ ::-.,-~;~~~.~¿ -$~f~l~ìi} ~_ ,o:'..:Y '" 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 June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date no reply has been received. Lake Worth DrainaQe District: On June 29, 2005 lake Worth Drainage District was notified of the City's intent to annex this property . IPARC Notice: On June 28, 2005, 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. No objections have been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: a Jerry Franciosa, PROD (Progressive Residents of Delray) a Carolyn Zimmerman, Presidents Council a Frances Chassen Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ,,- _ ~_ H _. ~ _ - --~ ,. - - - - -- - - , . . - = '. ) ~ - :." , ~ - - - - ---_.~.-.. -~_..-.----.....-....."""" -~. ---<-- ---~~---- ~ ~~ - - - - ~ - ~--- ~~-~ ~ -~~ - --~- -~ - -~ ---- ----~~~--- ---- -- ~ Accommodating the annexation of this property is consistent with the City's program for annexation of territory 'within its planning and service area. . The application of initial zoning designations of GC and SAD are consistent with existing land uses and the existing County zoning (CG/SE) for this property. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 14 The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to stonn water assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. ~- ~ ~-~t~~~-~~~-' ,,~') Jil ,:1 ß/l~~~-~('<:;~~f-j~:~l~t>~{;~-fSl·~~~ Q-~:~~~'~~~_' ~~~~i::¡~~~ ,'.-;¡ -~~J~'~~~ ~ . . '- <: ~ «-'"_ '7 "''''tr<.l_<>~''''!~~~!!!I'!?p,i!i~~W'ø~!~~j--'''\IIiII~iiI¿IiIIi)lIli'''''''i'ii>.~:j ~ ·"~"'<'/-"""~"'_~'r·.~I!iOI'Ji'"!l'l~ _'''-0 '- ..-' ,J ':';":"'_~_~__~o;..-;.."",,~_~~ ...__ UII!- ~ ~~ A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the voluntary annexation, FLUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition: ~,-~- ---- -~ >~:::~< : ~ .. < ';_0· ~-o ~" ~5- "~~~ t1~~-r""i;'=~¡~;:f(;;-:~r:='J Q ¡ ">..~,, :;a¡,_."......,,;.p ~ ~tf,.--..~,~ ~ 5$""'~ <,->', ' ",-._...~...:...~;u". _'IØ('!"~'"""""," .;:,,_/ '1"'"......" '<h_j.~,';k"?ll~J.<.:-' ~J~~ ~'.,¡£."~~'õ~"'''JT'' _ _. i< n ~.' J IIII_d Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM Amendment of: a Parcel 1 - Public Storage Facility: FLUM amendment from County CH-8 (Commercial High . with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). a Parcel 2 - Watkins Truck Terminal: FLUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: FLUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). . Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 15 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 DeveJopment Regulations. Attachments: Location Map Staff Report Prepared by: Estefio Breto, Senior Planner /~ I ~If ~~~11 III o FERNOALE w DRIVE --.J I L-. - \ I I r ~ I ~I - I ~ - II ; r---------.. N W. 6TH I~I 1=:=:== « ... > ) N EST IN G W,^ Y ~:~~ N.W 5THcT~~\ fi~ "f,/~ ,~ I ~ I 0 I '~ '0 I~ [J ~rh?f'; ~--~ I '\,1 >-I~ I I 0::::. <= i CANAL L-32 :. I 1Lr- --1:i I I ~ ..~~. 3RO DR. 2iFîl \ · r N W. 3RO CT ~ ++++ ~ 'Q 1'Y -0 + tt 1. L"1:.{.?b + "- ,,- ,-.,-"'- li:'1 I~ I I I : " ' -, -, - .- ;.' ~ _ ^~ CONKLIN 0 j\7t" ".' -"- '.' , j; lL. . L... .I., . 1-1. N. W. 3RO S1 if ~flli Î 'ö ^ l~t·'IT·"'-'- \ = ~ III I II I I Tl Of EXTRA CLOSET 3< ==:Ii ~ STORAGE. ;i ,,- , -" U, Þ.. :LE ,,-..-, " ,. , I ,. ~ J.q, ,,- ,_.._,,-, " " "-"-,,,, "".".". '-"-'J! II~: ' ~Q..¡p II. 01.\',. I- POST ROSEAIRE QR\* - . .1 OFFICE- RETREA T ~~A~ ~i. ~if ~ii \ II 11.11_"_"_"_11_'_"'_'1"_'._'. ._,,_ I'll BOYS ~ '" ð ~ ,,' " ,.~, " ,~" I F:::::f ~ -~- '" s / ~ // - - ~ //1 '/ J/I -~- - C? - - ~ ~ ~~ - ú~ ~ OF -w- L-- i;, III DELRAY -~~- MAP REF. LM85J [::J VAlERO GAS STATtON N FlUM fR(), CH-B (COMMERaAL HIGH Willi AN UNOERL YlNG HIGH RESIO£NlIAL) TO CITY GC (GENERAL COIAt.t£RaAL) - REZONING fR(), CG/S!: (C()'MEROAL GENERAL SPEOAL EX£PlION) TO GC (GENERAL COMMEROAL) OTY OF OELRAY BEACH. f\. ~ WATKINS IAOTORE LINES AND PUBLIC SElF '>fORAGE FACIlITY PLANNING &: ZONING OEPARTMENT FlUM FROIA' CH-6 (COIAIAEROAL HIGH WITH ..... UNOERLYlNG HIGH RE$tOENTtAL) TO CITY TRN (TRANSITIONAL) __ OfGfrAL BASE AlA? SYSTEM __ REZONING. FROIA CG/S!: (COMMERCIAl GENERAL SPEOAL EXCEPTION) TO SAO (SP£OAL ACTIV1TtES DtSTRICT) ORDINANCE NO. 63-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS 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; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, 14111 Military Trail LLC, is the fee simple owner of the parcel of land located on the west side of Military Trail, 280 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property 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 CH-8 (Commercial High with an underlying High Residential, 8 units per 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 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 July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE 1f4) of the northeast quarter (NE 1f4) of the northeast quarter (NE 1f4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida (Less Military Trail R/W) Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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. 2 ORD NO. 63-05 Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,20_. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 63-05 CC Ctu}cl ð.J;\.h¿ CITY OF DELRAY BEACH NOTICE OF ANNEXATION ORDINANCE NO. 63,;,05 1!>e Cil)' Commission will conduct 0 Public Hearing on TUESDAY. SEPTEMBER 6. 2OOS. AT 7:00 P.M. in the CommIssIon Chambers at CII)' Hall, 100 N W. 1st Avenue, Delray Beach, Florida (or at any continuation 01 such meeting which IS set by the CII)' CommISsion] regarding 0 voluntary annexation lor a 0.96 acre porcel 01 land wh,ch contams Valero Gas Stallon, located on the west side 01 Military TrOll, approximately 1,400 leet south 01 Lake Ida Road The proposed ordmance IS as lollows ORDINANCE NO. 63-05 en AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, flORIDA, ,0> p~ ANNEXING TO THE CITY OF DElRAY BEACH, PARCElS OF LAND LOCATED ON THE WEST \~ SIDE Of MIlITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE ,,,, PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNIC- g IPALlIMITS, REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND, PRO- => a VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND, PROVIDING A GENERAL !!!. REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE ~ CD A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE (1) ~ ANNEXED IS SHOWN BElOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVI- =r SION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE z (1) NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HAll, 100 N W ::;: rn 1 ST AVENUE, DElRAY BEACH, flORIDA I -t =r s¡ rn c. ~ » c: <0 c: ~ N 5" N <:> <:> 01 . ::;: ::;: :;: C- o " ", '" co ::;: rn " 0 3 .,,_.,. MUNlClPALCITYLIMlTS ...-... \ All interested citizens are invIted to a"end the public hearing and comment upon the proposed ordinance or submit their comments m writmg on or before the date al this hearing to the i Planning and Zonong Deportment For lurther inlormatlon or ta obtain a cOPA' 01 the proposed , ordinance, please contact the Plannong and Zontng Deportment, CII)' Hal, lOON W 1 sl Avenue, Delray Beach, Flor,da 33444 temall al pzmall@mydelroyplanntng org, or by callmî (561 )2.it3-7040, between the hours 01 8 00 a m and 5 00 pm on weekdays excludmg ho ¡days PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON Will NEED A VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO F S. 2860105 CITY Of DELRAY BEACH CheveUe D. Nubm Cil)' aerie. PUBLISH: Thursday, August 25, 2005 Thursday, September 1, 2005 Boca Ratan/Delroy Beach News Ad, NS080540 - ----------