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Ord 51-01ORDINANCE NO. 51-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF WEST ATLANTIC AVENUE (IMMEDIATELY EAST OF THE BOYS FARMERS MARKET), 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 FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Anthony Fanelli is the fee simple owner of a 2.65 acre parcel of land located on the east side of Military Trail, north of West Atlantic Avenue (immediately east of the Boys Farmers Market); and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the Cite 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 designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of April 16, 2001, and voted 7 to 0 to recommend that the annexation be approved with an initial zoning of GC (General Commercial), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East 300 feet of the South half of the NW ¼ of the SW ¼ of the NW %; together with and subject to a non exclusive easement for ingress egress over the North 30 feet of the South half of the NW ¼ of the SW ¼ of the NW %, less the right-of-way of Military Trail, all of the above lying in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined be existing ordinances of the City of Delray Beach. 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. 51-01 Section 8. That this ordinance shall become effective 45 days after Passage on second and final reading. PASSED AI~) ADOPTED in regular session on second and final reading on this the~ day of~---~-~ ,20o/ . MAYOR ATTEST City Clerk First Reading~/~, Second Read ing~ ~t~'~:,~ ~/ 3 ORD. NO. 51-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM /0/~ - REGULAR MEETING OF OCTOBER 2. 2001 ORDINANCE NO. 51-01 (ANNEXATION AND INITIAL ZONING FOR FANELLI PROPERTY LOCATED BEHIND THE EXISTING BOYS FARMERS MARKET) SEPTEMBER 28, 2001 This is second reading and a quasi-judicial (as to zoning) public hearing for Ordinance No. 51-01 which annexes into the City a 2.65 acre parcel of land located on the east side of Military Trail, approximately 2,300 feet north of Atlantic Avenue, behind the existing Boys Farmers Market, and establishes initial zoning on the property of GC (General Commercial). The associated Future Land Use Map (FLUM) amendment from County HR-8 (High Density Residential - 8 units per acre) to City (GC) General Commercial is incorporated in Comprehensive Plan Amendment 2001-01. The said property is currently in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area), and consists of four parcels under common ownership including an access tract connecting it to Military Trail. In February 2001, Palm Beach County issued a permit to construct a 10,000 square foot cold storage building located on the southern parcel. The Planning and Zoning Board considered the application at a public hearing on April 16, 2001, and voted unanimously to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D) of the Land Development Regulations, policies of the Comprehensive Plan and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave. 2. That services will be provided to the property in a manner similar to other similar properties within the City. At first reading on September 19'~ the Commission approved the ordinance by unanimous vote. Recommend approval of Ordinance No. 51-01 on second and final reading. Ref Agmemo21,Ord 51-01Annex Fanelh property THRU: PAUl:. DORLING, PLA G AND ZONING DIRECTOR FROM: MICHELLE E. H;~~,I SENIOR PLANNER~.~'~~ SUBJECT: MEETING OF SEPTEMBER '19, 2001 ANNEXATION AND INITIAL ZONING OF GC (GENERAL COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL APPROXIMATELY 27300 FEET NORTH OF ATLANTIC AVENUE~ BEHIND THE EXISTING BOYS FARMERS MARKET. The subject property is currently located in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area). The property consists of four parcels under common ownership including an access tract connecting it to Military Trail. The owner is seeking voluntary annexation at this time. Two single family residences exist on two of the parcels. In February 2001, the Palm Beach County Building Department issued a permit to construct a 10,000 sq.ft. cold storage building located on the southern parcel. The proposal is to annex the property into the City with an initial zoning designation of GC (General Commercial). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2001-01 to change the FLUM designation from County HR-8 (High Density Residential - 8 units per acre) to City GC (General Commercial). The proposed use of the property is for a new 10,000 sq. ft. cooler and additional parking for The Boys Farmer's Market. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of April 16, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. Five members of the public expressed concerns about access, buffering, noise and property values. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, policies of the Comprehensive Plan and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties with the City. By motion, approve on first reading the ordinance for Annexation and the application of an initial zoning designation of GC (General Commercial), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 2, 2001. Attachments: P & Z Staff Report of April 16, 2001 Ordinance 51-01 ORDINANCE NO, 51-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF WEST ATLANTIC AVENUE (IMMEDIATELY EAST OF THE BOYS FARMERS MARKET), 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 FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Anthony Fanelli is the fee simple owner of a 2.65 acre parcel of land located on the east side of Military Trail, north of West Atlantic Avenue (immediately east of the Boys Farmers Market); and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the Cite of Delray Beach, Florida; and WHEREAS, the City of Defray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of April 16, 2001, and voted 7 to 0 to recommend that the annexation be approved with an initial zoning of GC (General Commercial), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East 300 feet of the South half of the NW ¼ of the SW ¼ of the NW ¼; together with and subject to a non exclusive easement for ingress egress over the North 30 feet of the South half of the NW ¼ of the SW ¼ of the NW ¼, less the right-of-way of Military Trail, all of the above lying in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined be existing ordinances of the City of Delray Beach. 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. 51-01 Section 8. That this ordinance shall become effective upon the date a final order in issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ,20 ATTEST MAYOR City Clerk First Reading. Second Reading. 3 ORD. NO. 51-01 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 16, 2001 AGENDA ITEM: ~v.c. ITEM: Annexation with Initial Zoning of GC (General Commercial) and Associated Future Land Use Map Amendment from County HR-8 (High Density Residential 8 units/acre) to City GC (General Commercial) for the Fanelli Property, Located on the East Side of Military Trail, North of West Atlantic Avenue (Immediately East of the Boys Farmers Market). -- ~~~ ~~1: I '1 t I ' DR~V'[ GENERAL DATA: ~ [~ ( ~ I~ ~x~ C~OSE~ Agent ........................................ Weiner & Aronson, P.A. ~ Locabon .............................. East side of Milita~ Trail, no~h ..... of West Atlantic Avenue Prope~ Size ............................... 2.65 (including easement) omc~ Exisbng F L.U.M Designation ........ County HR-8 (High Density Residential 8 units/acre) Proposed F.L U M Des~gnabon .... City GC (General Commercial) Ex~sbng Zoning ............................ County AR (Agricultural Residential) Proposed Zoning .......................... City GC (General Commercial) Adjacent Zomng ................... No~h: City CF (Community Facilities) East City R-1-A (Single Family Residential) South' City A (Agricultural) West. City GC & County RS (S~ngle , Ex~sting Land Use ..................... Two single family homes orrtcr os~or Proposed Land Use .................... Proposed construction of a 10,000 sq. fl. refrigeration cooler Water Se~ice ........................... N/A. Sewer Se~ce ............................ N/A. ;¢ ~¢'1 ~ST ~ ATLANTmC A~NUE PLAZA ~ IV.C. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Future Land Use Map amendment from County HR-8 (High Density Residential - 8 units per acre) to City GC (General Commercial) with initial zoning of GC (General Commercial) for the Fanelli Property. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the east side of Military Trail approximately 2,300 feet north of Atlantic Avenue, behind the existing Boys Farmers Market. The subject property is currently located in Unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area). The property consists of four parcels under common ownership including an access tract connecting it to Military Trail. The owner is seeking voluntary annexation at this time. Two single family residences exist on two of the existing parcels. In February 2001, the Palm Beach County Building Department issued a permit to construct a 10,000 sq.ft, cold storage building located on the southern parcel. Requests for Annexation, Future Land Use 'Map amendment and Initial Zoning have been submitted and are now before the Board for action. The 2.65 acre property has a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the .property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning designation of GC (General Commercial). The proposed use of the property is for the 10,000 sq. ft. cooler and additional parking to serve the existing Boys Farmers Market. Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density R~sidential- 8 du/ac). The current City "advisory" designation for this property is TRN (Transitional). It is noted that the City's FLUM designation as initially contained on the City's Future Land Use Map adopted in November 1989, (and as subsequently formally amended) is deemed to be advisory until an Official Future Land Use Map Amendment is processed. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 2 Requested Land Use Designation: The requested Future Land Use Map change is to City GC (General Commercial). Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a GC (General Commercial) zoning designation. The proposed use of a cooler and parking expansion of the Boys Farmers Market is allowed as a permitted use within the GC zoning district. The GC land use designation is consistent with the proposed GC zoning designation. Consistency between the City and County Land Use Designations: The existing County Future Land Use Map designation for the property is HR-8 (High Density Residential - 8 units per acre). The City "advisory" TRN (Transitional) Land Use designation is consistent with the County designation in that Multiple Family Residential zoning districts are permitted within the designation. However, the TRN designation also allows limited commercial development at an intensity equivalent to that of medium density residential land uses. The applicant's request for a GC (General Commercial) Future Land Use Map designation allows multi-family development as well as a variety of commercial and office uses. Since the commercial development allowed within the City's advisory TRN and the proposed GC Land Use designations, is not permitted within the existing County HR-8 designation, neither designation is wholly consistent with the County Designation. However, the.property is located immediately behind a commercial use with access through the commercial development. Under these circumstances, commercial development is also appropriate for the subject property. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposal involves annexation of property, which requires changing the FLUM designation from County to City. As stated earlier, the proposed GC (General Commercial) FLUM designation allows a variety of commercial, office, and multi- Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 3 family residential uses. The subject property is located immediately behind the existing Boys Farmers Market man intense retail commemial operation with a large customer base. A US Post Office is located immediately north of the Boys Farmers Market and is also very intense in its operation. The subject property must take access from Military Trail, between these two properties. Military Trail is an arterial roadway, which intensely developed with commercial development expanding northward from the Atlantic Avenue intersection. While the means of access and the intensity of the surrounding area makes the two existing single family homes on the property inappropriate, this same intensity has helped the Boys Farmers Market enjoy great success in this location. The proposed land use change will accommodate the 10,000 sq. ft. cooler anct additional parking which The Boys now needs to meet customer demand. The predominant FLUM designation for properties fronting on Military Trail in the area is General Commercial. Given the existing character and FLUM designations of the surrounding area, the proposed GC designation is the most appropriate for the subject property and is consistent with this Policy of the Comprehensive Plan. [3 Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with FLUE Policy A-1.7. The following are the other applicable goals, objectives and policies. Future Land Use Element Objective A-f: 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 complementary to adjacent 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 rflitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential area to the east. Under the GC FLUM designation, development of this property can provide for expansion of an existing business, which is complementary to the surrounding area. With review of a specific development proposal this policy will be revisited. C) Concurrency - Development at the highest intensity possible under the requested designation can meet the adopt.ed concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the GC land use designation and meet adopted concurrency standards. The proposal is to annex the property with an initial zoning designation of GC, to accommodate a proposed 10,00 sq. ft. cooler and parking associated with the expansion of the Boys Farmers Market, as a permitted use. Compatibility - The requested designa.tion will be compatible with the existing and future land uses of the surrounding area. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 4 The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: North: The subject property is bordered on the north by a United States Post Office, which is located in the City of Delray Beach with a Future Land Use Map designation of CF (Community Facilities) and a CF (Community Facilities) zoning designation. East: The subject property is bordered on the east by an existing single family development (Lee's Crossing), with a Future Land Use Map designation of LD (Low Density Residential) and an R-l-^ (Single Family Residential) zoning designation. South: The subject property is bordered on the south by a vacant parcel of land, which is located in the City of Delray Beach with a Future Land Use Map designation of TRN (Transitional) and an AR (Agricultural) zoning designation. West: The subject property is bordered on the west by the Boys Farmers Market, which is located in the City of Delray Beach with a Future Land Use Map designation of GC (General Commercial) and a GC (General Commercial) zoning designation. As described in the Future Land Use Element of the Comprehensive Plan, the advisory Transitional land use designation is applied to land which is usually developed, or to be developed, for either residential or nonresidential uses. The proposed FLUM designation of GC, however will allow for the expansion of the Boys Farmers Market, which has co-existed with the residential development to the east for many years. It is anticipated that the cooler and parking expansion will not increase the intensity of the existing Market. Compatibility with the abutting residential properties is not a major concern, however, there are sufficient regulations in place which will mitigate any potential adverse impacts. With the proposed improvements, trees must be installed every 25' along the east property line abutting Lee's Crossing (a single family development) and every 30' along the north and south property lines. Additionally, a perimeter wall surrounding the property on the north, east and south sides should be considered to further mitigate adverse impacts. The proposed GC FLUM designation is compatible with existing and future land uses of the surrounding area. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. It is anticipated that there should be no problems complying with the Land Development Regulations. Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 5 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 on all sides by a single municipality; or, (2) 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, is reasonably compact and is currently an enclave, as it is bounded on all sides by the City. Annexation of the property will eliminate an enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "C" on the east side of Military Trail behind the Boys Farmers Market approximately 2,300 feet north of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent, with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 6 pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station No. 4 ~t Barwicl~ and Laker Ida Roads). Water: Water service is currently provided to the existing residences via a well system. Water service available via installation of an 8" water main along the north side of the property which would connect to the existing main along the east side of Military Trail and the stub-out at the adjacent Lee's Crossing subdivision. Connection to the City system is not anticipated at this time, however it may be in the future with redevelopment of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage is currently accommodated on-site via a septic system. An 8" main is located along the east side of Military Trail as well as within the Lee's Crossing subdivision to the east. Connection to the City system is not anticipated at this time however may be in the future with redevelopment of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: This property has direct access to Military Trail via a 30' access easement. Military Trail is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. Development of the property under the current County HR-8 designation would generate 210 trips based upon 21 units. An increase in vehicular trips would be realized under either the TRN (Transitional) or GC (General Commercial) land use designations. Utilizing a floor area ratio of 25% it is calculated that an additional 18,888 ,sq. ft. of rctail could be accommodated. This would generate approximately 1,740 additional average daily trips. This development would require site plan approval and would involve a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate the 10,000 sq. ft. cooler and parking expansion of the Boys Farmers Market will not create an additional impact on park and recreational facilities. Solid Waste: The existing single family homes generate 3.98 tons of solid waste per year (1.99 x 2). The warehouse will generate 26 tons per year (5.2 lbs. per sq. ft.). There is adequate capacity to accommodate the trash generated by this property. The service provider will not change, as described later in this report. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 7 Financial Impacts: Effect Upon Annexed Property: For the 2000 tax year the subject property had an assessed value of $281,245. VVith the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt 2.9129 Deleted (County) .5246 Deleted (County) 7.2600 Added (City) .6900 Added (City) 4.5125 Difference* * Total tax millage in the County is 19.6117 mills while in the City the total millage rate is 24.1242 mills. The current yearly ad valorem taxes are $ 5,527.04. With annexation the yearly ad valorem taxes will be $ 6,784.81; a tax difference of $1,257.77. In addition to property taxes, the following Non Ad Valorem fiscal impositions 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/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. As the property contains a non-residential use, this assessment would be imposed in the amount of approximately $215.83. A further increase will be realized with future development of the site. Solid Waste Authority - This annexation area is serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris lnd~stries) Therefore, the waste service provider will remain with BFI upon annexation. Occupational License Fees - The proposed cooler and parking improvements are an expansion of an existing business, which is located in the City. Therefore, as a new business is not being established occupational license fees will not be imposed. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 8 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 00/01 County of 19.6117 to City 00/01 rate 24.1242 mills.(4.5125) +$1,257.77 NON AD VALOREM Stormwater Assessment $ 215.83 ANNUAL FINANCIAL IMPACT: +$ '1,473.60 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) POLICE + Bette~ response based upon more officers in field. CODE ENFORCEMENT + Pre-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2000/2001 City operating millage rate of 7.26 mills and debt rate of 0.69 mills, the property will generate approximately $2,235.90 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 stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 9 As stated above, the subject property is located within a designated annexation area, Area C. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Statutes Section 171 as it pertains to annexations. The proposed City zoning designation is GC (General Commercial) while the current County zoning designation is AR (Agricultural Residential). The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis sectioll of this repo~ [. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the ~Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards .for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of ether objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 10 The initial GC zoning designation will accommodate a 10,000 sq. ft. cooler and parking expansion to the Boys Farmers Market as permitted uses. Compatibility with the adjacent residential develop .ment is a concern, however any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. The GC zoning district requires a minimum 10' front, side and rear building setback. Additionally, there is a 25% minimum open space requirement. Further, trees must be planted every 25' within the landscape strips abutting residential uses. Finally, installation of a wall on the east side of the property should be considered. In order to utilize the subject property for the intended purpose, site plan approval must be obtained. Upc:~ ~mexation a ,~ite plan will soon follow. Compatibility of a specific development proposal with the adjacent developments will relate to the ultimate intensity of the development and will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(O)(S) (Rezonin9 Findings): Pursuant to Section 2.4.5(D)($), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The 'applicant is ~pplying for anr~exation of this property into the City and the annexation requires that an appropriate City zoning designation be applied. The requested GC (General Commercial) zoning is of similar intensity as that allowed under the proposed City GC Future Land Use Map designation. As stated previously, the GC FLUM designation is appropriate given the property's location on Military Trail and access is provided through a commercial site. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: There are currently two single family residences which exist on the property, which will become nonconforming upon annexations. However these structures will be demolished to accommodate additional parking. Any future development will be required to comply with all Land Development Regulations. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 11 The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). ' Palm Beach County Notice: On March 28, 2001 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent rrJunicipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: [] Progressive Residents of Delray [] President's Council [] Hamlet [] Chatelaine El Sherwood Forest [] Country Manor [] High Point Section 6 & 7 [] Highland Trailer Park [] Pine Trail [] Sunset Pines [3 Rainberry Woods Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ! Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested GC (General Commercial) Fuh~re Land Use Map designation is appropriate considering that proposed expansion of the existing Boys Farmers Market and that the property is located behind commercial development w~th access provided through commercial property. The application of an initial zoning designation of GC is consistent with the proposed FLUM designation. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for residential purposes, stormwater assessment fees will be imposed. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 12 The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $2,235.90 a year. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will dictate the development time frame. A. Continue with direction. Recommend approval of the Annexation, Future Land Use Map amendment from County HR-8 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Co Recommend denial of the Annexation, Future Land Use Map amendment from County HR-8 to City GC (General Commercial) and initial zoning designation of GC (General Commercial), with the basis stated. Recommend approval of this Annexation, Future Land Use Map amendment from County HR-8 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive P!an (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: I~ Location/Existing Zoning Map r"l Existing Future Land Use Map D Survey This Report prepared by: Michelle E. Hoyland, Senior Planner I NW. SRO SI EXTRA CLOSET STORAGE SAD RM POST OFFICE ROSEAIRE ~X~ RETREAT T.AtNS NC BOYS FARMERS MARKET TRAILS END PLAZA GC K.F.C. A DELRA Y PLAZA PUBLIX WASHINGTON FIRST MU TUAL UNION ATLANTIC AVENUE CITY 0~' Dr'LRAY REACH, FL PLANNING &: ZONING DEPARTMENT FANELLI ANNEXATION EXISTING ZONING DESIGNATIONS - DR~ POST ROSEAIRE ~ BRAOY BLVD. OFFICECF RETREAT BOYS FARMERS MARKET TRAILS END PLAZA BARRETT ST. FRANCES DR. ELLWOOD DR. K.F.C. FRANWOOD DR. MD OFFICE DEPOT DELRA Y SQUARE PLAZA GC MARKETPLACE DELRA Y WEST WASHINGTON FIRST MUTUAL UNION PUBLIX *TL,... T,C *VE.UE CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT FANELLI ANNEXATION - EXISTING FUTURE LAND USE DESIGNATION - -- Z~'¢/7'.A~. ~L~E/44P $~E// --- 1.4AP RI'F: LM511 SKETCH OF SURVEY (BOUNDARY) LE(]&L NOT.ES A PLtBLtC HEARING vat be helcl on the following proposed ordinances at 7 00 pm on TUESDAY OCTOBER 2 2001 (or at any conhnuabon o~ such rnoehng which rS se~ by Ute C~mmissaon)inthe C~ Commission Chambers 1 O0 N W 1st Avenue Delray Beach Florida at which t~me Ibe C~ Commission cons~er ~er adopt~n The proposed Office of tile City Clerk al Cgy Hatl 100 NW lsiAvenue Delray Beach Ron da I:)etweentne hours ofSO0a m and 5 00 p m Monday 'ihrou~h Friday irxcep~ hOh(~ayS A~I t~telreSled partte~ ~ NO, S1~1 AN ORDINANCE OF THE CIT~ COM- MISSION OF THE ClT~ OF DELRAY BEACH FLORIDA ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL NORTH OF WEST ATLANTIC AVENUE (IMMEDI ATELY EAST 0~: THE BOYS FARMERS MARKET), ~ THE SAME IS rpARTICULARLY DESCRIBED HERE~E WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS REDEFINING THE BOUNDARIES OF THE CITY TO iNCLUDE SRiD LAND PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND PRO* VID/NG FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIALI PROVIDING A GENERAL REPEALER CLAUSE A SAVING CLAUSE AND ERCECTIVE DATE {:~ease be a~'~tse~ treat ~ ~ G~c~es to appeal any {~c~o~ made by rne Cn'y Commission w{th res~ct to any matter cons~ered at these hear- ings, su~ person may ne~d to ensure that a verbet~m record ~nciudes the te~- apl:eahs to be base~ The City does not provue nor prepare such reco~d Pur- suant to F S g86 0105 CITY OF DELRAY BEACH Bamara Ganto C~ Clerk Pub#at~ September 21,2001 Ad ~78506 CITY OF DELRAY BEACH FLORIDA NC)TICE OF ANNEXATION AND ZONING ORDINANCE NO. 51-01 GelINNdlJ~E NO. $1-01 ,Md~DiAI'~.Y F. AST Of/H~ BOY~ FAI~4~S M~, A51HE :SAk~ 5 MO~ P~Y D~SC]G~) ~, WHICH [AHI) ~ C~ TO ~ ~N ~, ~ ~ ~$ ~ ~ C~ TO i~ ~ ,~~~~~C~~~ ~i~ 197, A M ~m ~ ~ ~t~ ~ ~TO~ ~ 5 ~ ~ A C~ ~ ~ L~ ~D ~/~ ~S~D ~ A C~ ~ ~ ~ ~ ~D~T~ED~~,C~ I~NW )~A~,~Y~,~ ~Y~ 4 NOTICE OF ANNEXATION AND ZONING QRDINANCE NO. 51-01 Ceemm,uan{, mile C. emmum~ b ai'Oty Hal, IOON.W lslA,m~e, DdrayBem~, alwi~c~bbOtyCan~mmm~wilaxmdm/.~--~-~ head OIDI4N, iCE NO. 51-01 WI~I~.AS, pub, me ~ ID~ SeOae 2 2.2~6J. ~e Pl~,em~ and Zor~g ~ae:l kdd a g~d~: heaneg ami comdmed ~ ~::~ maler m ~ ~ d ~ 16. ~1, ~ ~ 7 ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ zomr~ d GC IGeee~d Con~. based upon po~l~e Imdmgs SealGu 1 T~ J~ Cdy C~mm~ss~ d I~e Cdy d [~3y Beodl, PaJm ~eac~ Co~, F~, hem~y annexes to ~d Cr~' ~ ~ ~rl~ ~ ~ m ~ ~ ~ w~7 ol M,h~ry Tm+{ a~[ d ~ ~e ¥~ ,~ ~ { 3 T~sh~p ~ ~ R~e 42 Eo~ ~ ~ C~n~ [IT¥ DF I]ELIlR¥ BEII[H DIcLInY BEA£H a~Ue~caC~y CITY CLERK 1993 2001 December 21, 2001 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 NOTIFICATION OF ANNEXATION Enclosed please find a copy of Ordinance No. 51-01 annexing property to the City of De[ray Beach, which was passed and adopted on second and final reading by the City Commission in regular session on October 2, 2001. Ordinance 51-01 has been 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)243-7050. Sincerely, Angela Wong Deputy City Clerk Attachments: Ordinance No. 51-01 Annexation Brief S:\City Clerk\ANNEXATION LTRS\Base Letter for Annexations--Ordinance doc THE EFFORT ALWAYS MATTERS Prtnted on Recycled Paper DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary DJvismn of Adn~mstraOve Services D~vtston of Corporations Diwsmn of Cultural Affmrs D~v:smn of Elections Division of Hlstorlca! Resources Dry,stun of L~brary and Information Services Dlv~smn of L~censmg MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS HISTORIC PRESERVATION BOARDS H:stonc Florida Keys Preservation Board Htstonc Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St Augustine Preservation Board Historic Tallahassee Preservation Board H~stonc Tampa/Hillsborough County Preservalaon Board RINGLING MUSEUM OF ART January 15, 2002 Ms. Angela Wong Deputy City Clerk City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear Ms. Wong: This will acknowledge receipt of your letter dated December 21, 2001 and copy of Ordinance No. 51-01, annexing property to the City of Delray Beach, which was filed in this office on January 11, 2002. Sincerely, Liz Cloud, Chief Bureau of Administrative Code LC/mp The Collins Building FAX: (850) 245-6282 · BUREAU OF ADMINISTRATIVE CODE · 107 West Gaines Street · Tallahassee, Florida 32399-0250 · (850) 245-6270 WWW Address: http://www.dos.state.fl.us · E-Mail: election@mail, dos. state.fl, us IIIIIIIIIillllllllllll te/l t/El~t $gilii: t8 El~t$~3~JT$ OR Bi( IL)97~ PO 1573 Pain Beach County, Florida ORDINANCE NO. 51-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF WEST ATLANTIC AVENUE (IMMEDIATELY EAST OF THE BOYS FARMERS MARKET), 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 FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Anthony Fanelli is the fee simple owner of a 2.65 acre parcel of land located on the east side of Military Trail, north of West Atlantic Avenue (immediately east of the Boys Farmers Market); and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the Cite of Delray Beach, Florida; and WHEREAS, the City of Defray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of April 16, 2001, and voted 7 to 0 to recommend that the annexation be approved with an initial zoning of GC (General Commercial), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East 300 feet of the South half of the NW ¼ of the SW % of the NW %; together with and subject to a non exclusive easement for ingress egress over the North 30 feet of the South half of the NW % of the SW % of the NW %, less the right-of-way of Military Trail, all of the above lying in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. Section 2. That the boundaries of the City of Delray Beach, Flodda, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined be existing ordinances of the City of Delray Beach. 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. 51-01 Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. .P.,~SED A,bl~ AJ:)gPTED in regular session on second and final reading on this the ,,,?'~-. day of (~gg_,gd~-z42 ,20 el. MAYOR ATTEST City Clerk First Reading~,~'~. Second Read ing ~'~,¢,,,,~ ./ 3 ORD. NO. 51-01 N. W ~RD ST. NW EXTRA CLOSET S TORA GE SAD RM POST OFFICE ROSEAIRE ~.~ RETREAT NC BOYS FARMERS MARKET TRAILS END PLAZA GC K. FC. A DELRA Y SQUARE PC PLAZA WASHINGTON FIRST MUTUAL UNION PUBLIX ATLANTIC AVENUE I N CITY 0¢ DELRAY BEACH, FL PLANNING ~u ZONING DEPARTMENT FANELLI ANNEXATION - EXISTING ZONING DESIGNATIONS - ~ 1~J76 ~ 1~77 CONKLIN DRIVE N.w. 3RD ST. OFFICE DEPOT MA RKE TPLA CE DELRA Y BOYS FARMERS MARKET TRAILS END PLAZA K.F C. POST OFF, CE CF MD DELRA Y SOUARE PLAZA WEST MUTUAL UNION PUBLIX ATLANTIC AVENUE N CITY ~ D£LRAY BEACH, FL PLANNINg; ~: Z~NING D~PARTM£NT FANELLI ANNEXATION - EXISTING FUTURE LAND USE DESIGNATION - -- D/~'/TA~ ~LS't" ~MP ST~r~'~l~' --- MAP REF. LM511 I0~ ]2~74 P~E ]578 Dorothy H. I~]ken, C)er# [IT¥ DF DELRR¥ BER[H DELBAY 8EACH 1993 2001 CITY CLERK 100 N.W. 1st AVENUE CERTIFICATION DELRAYBEACH, FLORIDA 33444 561/243-7000 I, ANGELA WONG, Deputy City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 51-01, as the same was passed and adopted by the Delray Beach City Commission in Regular Session on the 2nd day of October, 2001. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 3rd day of October, 2001. Angela ~f~ng ~ Deputy City Clerk City of Delray Beach, Florida Pr~nted on Recycled Paper THE EFFORT ALWAYS MATTERS Planning & Zoning Department MEMORANDUM IIIII ........... I II I I I "11 I III IIII II I ' -I'["~[[1['[I ~]l/' TO: FROM: Distribution List Michelle E. Hoyland, Senior Planner DATE: December 3, 2001 RE: Fanelli Annexation At its meeting of October 2, 2001, the City Commission approved on second and final reading an ordinance annexing a 2.65 acre parcel known as the Fanelli property (Boy's Farmers Market). The attached map shows the location of the property, which is now within municipal boundaries, and under municipal jurisdiction. Attached for your information is the annexation brief for the subject property, as well as Ordinance No. 51-01. If you have any questions, please do not hesitate to contact me at ext. 7047. ANNEXATION BRIEF FOR THE FANELLI PROPERTY P....roperty Control Numbers: Acreage: 2.65 Acres Taxable Value: $281,245.00 00-42-46-13-00-000-3111 00-42-46-13-00-000-3110 00-42-46-13-00-000-3140 00~2-46-13-00-000-3120 Number of Buildings On-Site: 2 Projected Population Increase: -0- Owner's Address: Anthony & Elizabeth Fanelli 216 Merrill Avenue Staten Island, NY 10314 Property Address: The Boy's Farmers Market 14378 S. Military Trail Deiray Beach, FL 33484 County Land Use Desiqnation: HR-8 (High Density Residential - 8 units per acre) City Land Use Desiqnation: GC (General Commercial) City Zoninq Desiqnation: GC (General Commercial) Current Use of Property: Two single family homes exist on the property, and a 10,000 sq. ft. cooler and additional parking is currently being constructed to serve the Boys Farmer Market.