Ord 60-01ORDINANCE NO. 60-01
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 WEST SIDE OF BARWICK ROAD
AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH
OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO R. 1.AAA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, John F. and Cynthia N. Mason are the fee simple owners of a 0.88 acre parcel
of land located on the west side of Barwick Road and north of Lake Ida Road, approximately 500
feet south of Sabal Lakes Road; and
WHEREAS, John F. and Cynthia N. Mason have requested by voluntary petition to have
the subject property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction
of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of
MR-5 (Medium Density Residential 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
ORDINANCE NO. 60-01
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 WEST SIDE OF BARWICK ROAD
AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH
OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO R.1.AAA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, John F. and Cynthia N. Mason are the fee simple owners of a 0.88 acre parcel
of land located on the west side of Barwick Road and north of Lake Ida Road, approximately 500
feet south of Sabal Lakes Road; and
WHEREAS, John F. and Cynthia N. Mason have requested by voluntary petition to have
the subject property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Horida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction
of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of
MR-5 (Medium Density Residential 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, 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 November 19, 2001, and voted
5 to 0 to recommend that the requests be approved with an initial zoning of R-l-AAA (Single
Family Residential), based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The North one fifth (N 1/5 ) of the East half (E V2) of the Southeast Quarter (SE
¼) of the Southeast Quarter (SE ¼) of the Northwest Quarter (NW ¼) of Section
12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East
40 feet for road right-of-way.
The subject property is located on the west side of Barwick Road and north of Lake Ida
Road, approximately 500 feet south of Sabal Lakes Road.
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 herein above 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.
2 ORD NO. 604)1
Section 4. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 6. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land herein above
described is hereby declared to be in Zoning District R-l-AAA (Single Family Residential) as
defined by existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment
in compliance with Section 163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become effective. If
a final order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local
Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
3 ORD NO. 60-01
ff._SED AND ADOPTED in regular session on second and final reading on this the oa"~ 'day of
...... ,200&.
City Clerk
First Reading. ~_'__4/_a_~6~ !
Second Reading~._'__~,d~_._.~_,_,~_
MAYOR
4 ORD NO. 60-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER .~
AGENDA ITEM Id)./~ - REGULAR MEETING OF JANUARY 8, 2002
ORDINANCE NO. 60-01 (ANNEXATION AND SMALL-SCALE FUTURE
LAND USE MAP AMENDMENT FOR PROPERTY LOCATED ON THE
WEST SIDE OF BARWICK ROAD SOUTH OF SABAL LAKES ROAD
DATE: January 4, 2002
This is second reading and a quasi-judicial (as to zoning) public hearing for Ordinance No. 60-01
which annexes into the Cxty a 0.88 acre parcel of land located on the west side of Barwick Road,
approximately 500 feet south of Sabal Lakes Road, and amends the small-scale Future Land Use Map
(FLUM) from County MD (Mechum Density Residential - five units per acre) to City LD (Low
Density Residential - zero to five units per acre).
The said property is currently in tmincorporated Palm Beach County within the City's Planmng Area
(Future Annexanon Area), and consists of one parcel that contains an existing 3,867 square foot one-
story single family home. The voluntary annexation request was made in conjuncuon w~th a request
for city water services.
The Planning and Zoning Board considered the application at a public hearing on November 19, 2001
and voted unanimously to recommend approval based upon positive findings with respect to Sections
3.1.1 (Required Findings), 3.2.2 (Standards for Rezonmg Acttons), and 2.4.5(D)(5) (Rezonmg
Findings) of the Land Development Regulations, policies of the Comprehensive Plan, and the
following:
1. That the property ~s contiguous, reasonably compact and does not create an enclave.
2. That services will be provided to the property in a manner smailar to other smailar properties
wathin the City.
At first reading on December 4~h, 2001, the Commission approved the ordinance by unanimous vote.
Recommend approval of Ordinance No. 60-01 on second and final reading.
S:\C~ty Clerk\Clerk~Agrnemo21.0rd60-01 .Annex. Banmck.doc
TO:
THRU:
FROM:
SUBJECT:
ASMINALLEN, PLANNER
MEETING OF DECEMBER 4, 2001
ANNEXATION~ SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY MD (MEDIUM DENSITY RESIDENTIAL
- FIVE DU/AC) TO CITY LD (LOW DENSITY RESIDENTIAL - ZERO TO
FIVE DU/AC), AND INITIAL ZONING OF R-l-AAA (SINGLE FAMILY
RESIDENTIAL DISTRICT) FOR A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF BARWICK ROAD~ APPROXIMATELY 500 FEET
SOUTH OF SABAL LAKES ROAD
The 0.88 acre property is currently located in unincorporated Palm Beach County and
has an AR (Agricultural Residential) zoning designation. The property is located within
the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary
annexation at this time. The property contains an existing 3,867 square foot one-story
single family home. The annexation request was made in conjunction with a request for
city water services. Additional background and an analysis of the request are found in
the attached Planning and Zoning Board Staff Report.
At its meeting of November 19, 2001, the Planning and Zoning Board held a public
hearing in conjunction with the requests. There was no public testimony regarding the
proposal. After reviewing the staff report and discussing the proposal, the Board voted
5-0 (Morris absent) to recommend that the requests be approved, based upon positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that
the property is contiguous, reasonably compact and does not create an enclave; and,
that services will be provided to the property in a manner similar to other similar
properties within the City.
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment
from County MD (Medium Density Residential - Five DU/AC) to City LD (Low Density
Residential - Zero to Five DU/AC), and the initial zoning designation of R-l-AAA (Single-
Family Residential District), based upon the findings and recommendation by the
Planning and Zoning Board and set a public hearing date of January 8, 2002.
Attachments: P & Z Staff Report of November 19, 2001
ORDINANCE NO. 60-01
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 WEST SIDE OF BARWICK ROAD
AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH
OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO R. 1.AAA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, John F. and Cynthia N. Mason are the fee simple owners of a 0.88 acre parcel
of land located on the west side of Barwick Road and north of Lake Ida Road, approximately 500
feet south of Sabal Lakes Road; and
WHEREAS, John F. and Cynthia N. Mason have requested by voluntary petition to have
the subject property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction
of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of
MR-5 (Medium Density Residential 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, 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 November 19, 2001, and voted
5 to 0 to recommend that the requests be approved with an initial zoning of R-l-AAA (Single
Family Residential), based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The North one fifth (N 1/5 ) of the East half (E lA) of the Southeast Quarter (SE
¼) of the Southeast Quarter (SE [4) of the Northwest Quarter (NW ¼) of Section
12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East
40 feet for road right-of-way.
The subject property is located on the west side of Barwick Road and north of Lake Ida
Road, approximately 500 feet south of Sabal Lakes Road.
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 herein above 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.
2 ORD NO. 60-01
Section 4. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 6. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land herein above
described is hereby declared to be in Zoning District R-l-AAA (Single Family Residential) as
defined by existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment
in compliance with Section 163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become effective. If
a final order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local
Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
3 ORD NO. 60-01
PASSED AND ADOPTED in regular session on second and final reading on this the ....
,200__.
day of
ATTEST M A Y O R
City Clerk
First Reading.
Second Reading.
4 ORD NO. 60-01
PLANNING / NDiZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 19, 2001
III. A.
Future Land Use Map Amendment From (County) MR-5 (Medium Density
Residential 5 units per acre) To (City) LD (Low Density Residential 0-5 du/ac) and
Annexation W~th Initial Zoning of R-l-AAA (Single Family Residential) for the Mason
Property, Located on the West Side of Barwick Road, Approximately 500 Feet South
of Sabal Lakes Road.
GENERAL DATA:
Owner/Applicant/Agent ................ John F. and Cynthia N.
Mason
Location ..................................... Located on the west side of
Barwick Road and north of Lake
Ida Road, approximately 500 feet
south of Sabal Lakes Road.
Property Size ............................. 0.88 Acres
Existing F.L.U.M. Designation... (County) MR-5 (Medium Density
Residential 5 units per acre)
Proposed F. LU.M. Designation.. (CIty) LD (Low Density
Residential 0-5 du/ac)
Current Zomng ............................ (County) AR (Agncultural
Residential)
Proposed Zoning ................... R-l-AAA (Single [=amily
Residential)
Adjacent Zoning ................ North: (C~ty) R-l-AA (Single
Family Residential)
East: (City) PRD (Planned
Residential Development)
South: (County) AR (Agricultural
Residential)
West: (County) AR (Agricultural
Residential)
Ex~st~ng Land Use ...................... Single Family Residential
Proposed Land Use ................... S~ngle Family Residential
(Annexation to Receive
C~ty Serwces.)
Water Service ............................. Available via connection to
an ex~sting 12" water main
in 133 Road South.
Sewe~' Service ............................. Requires installation of
gravity system connection
to ex~st~ng 8" force ma~n
along Barw~c!~ Road.
ROAD
CANAL L-:51
133 SOUTH
BARWICK
PARK
LAKE IDA ROAD
III. A.
The item before the Board is that of making a recommendation on a Voluntary
Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use
Map (FLUM) amendment from County Medium Density Residential (five dwelling units
per acre) to City LD (Low Density Residential - zero to five dwelling units per acre) with
an initial zoning of R-l-AAA (Single Family Residential).
The subject property is located on the west side of Barwick Road, approximately 500
feet south of Sabal Lakes Road.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM Amendments or Rezoning of any property within the City.
The 0.88 acre property is currently located in unincorporated Palm Beach County and
has an AR (Agricultural Residential) zoning designation. The property is also located
within the City's Planning Area (Future Annexation Area) and the owner is seeking
voluntary annexation at this time. The property contains an existing 3,867 square foot
one-story single family home constructed in 1969.
The annexation request was made in conjunction with a request for city water services.
The site is contiguous to the municipal limits of Delray Beach on the north and east and
thus annexation is required in order to obtain city water services. However, as the
applicant's well collapsed, a water service agreement (which includes the annexation
clause) was processed and approved on October 12, 2001, in order to allow the
applicant to receive water services immediately.
Requests-for Annexation, Future Land Use Map _amendment and Initial Zoning have
been submitted to accommodate the R-l-AAA (Single-Family Residential) zoning
designation for the subject property, and are now before the Board for action.
As noted above, the property contains an existing single family home. The applicant has
requested the annexation, FLUM, and rezoning changes in order to obtain City services
such as municipal water. The applicant has indicated that there are no plans to
redevelop the property and its use will remain as it exists at this time.
Current and Requested Land Use Designations: The current County Future Land
Use Map designation for the property is Medium Density Residential (Five-Dwelling
Units Per Acre). The current City "advisory" designation for this property is LD (Low
Density Residential - Zero to Five Dwelling Units Per Acre). The requested Future Land
Use Map change is to City LD (Low Density Residential - Zero to Five Dwelling Units
Per Acre).
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 2
Florida Statutes 163.3187 -Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
The amendment does not exceed 10 acres of land;
r--i
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas;
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months;
That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre;
The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the future land use map for a site-specific small scale
development activity; and,
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 0.88-acre area, thus the total area is
less than the 10 acre maximum. The proposed amendment to LD (Low Density
Residential - Zero to Five Dwelling Units Per Acre) is less than the maximum 10
dwelling unit per acre limit set for residential amendments. The property is not located
within a designated redevelopment, urban infill, downtown revitalization, or traffic
concurrency exception area. This amendment along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. The
property has not previously been considered for a land use amendment nor has the
same property owner's properties, within 200 feet, been granted a land use change,
within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1 .I(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.
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 3
According to the City's Comprehensive Plan, the Agricultural, Rural Residential, R-1-A
through R-l-AAA (Single Family Residential), RL (Low Density - Multiple Family), PRD
(Planned Residential), CF (Community Facilities), OS (Open Space) and OSR (Open
Space & Recreation) zoning districts are consistent with the LD (Low Density
Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation.
The accompanying annexation and initial zoning application is seeking an R-l-AAA
(Single Family Residential) zoning district. The existing single family residence is a
permitted use within the R-l-AAA zoning district. The R-l-AAA zoning designation is
consistent with the proposed LD FLUM designation.
Consistency between the City and County Land Use Desiqnations:
The proposed City Future Land Use Map designation for the property is LD (Low
Density Residential - Zero to Five Dwelling Units Per Acre). The existing County Future
Land Use Map designation for the property is Medium Density Residential (Five-
Dwelling Units Per Acre). The City's FLUM designation is consistent with the County's
Medium Density Residential designation with respect to allowable density. The City's
FLUM designations as initially contained on the City's Future Land Use Map adopted in
November, 1989, (and as formally amended subsequently) are deemed to be advisory
until an official Future Land Use Map Amendment is processed.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need -- That there is a need for the requested land use.
The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, 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; nor shall it apply
to FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The above requirement does not apply as the FLUM amendment is associated with
an annexation, and the advisory LD (Low Density 0-5 du/ac) FLUM designation is
being applied. The proposed City LD FLUM designation is consistent with the
County MD (Medium Density) designation.
Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposed FLUM amendment will fulfill the following Future Land Use Element
Policies:
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 4
Future Land Use Element Policy B-3.3: "The City has petitioned Palm Beach
County to make changes to its FLUM in order for there to be consistency between
City and County FLUM designations within the Delray Beach Planning Area. Once
consistency is achieved, the City shall petition for an interlocal agreement wherein
provisions shall be made that the City's FLUM designation shall be in effect
immediately upon annexation of a specific parcel Following any annexation, the
Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be
amended to reflect the change in the City's boundaries."
As noted previously, the proposed City FLUM designation of Low Density is the most
similar to the County's Medium Density designation. The Planning and Zoning
Department shall be responsible for updating the Future Land Use Map to reflect the
boundary change and subsequent designation change. Upon annexation, it is
necessary to change the FLUM designation from the County's to the City's. The
proposed Low Density designation is the most appropriate given the similarity to the
County's Medium Density designation with respect to allowed density.
Future Land Use Element Policy B-3.2: 'I/Vater and sewer facilities shall be
provided to unincorporated areas by the City, upon demand, in a manner consistent
with policies of the City. The provision of water facilities shall be accompanied by an
agreement to voluntarily annex upon eligibility unless the property is already eligible
in which case, annexation shall precede the provision of services.'
Since the property is already eligible for annexation, the owner has agreed to a
voluntary annexation. As previously stated as the applicant's well collapsed, a water
service agreement (which includes the annexation clause) was processed and
approved on October 12, 2001, in order to allow the applicant to receive water
services immediately.
Concurrency -- Development at the highest intensity possible under the
requested designation, can meet the adopted concurrency standards.
The P~oposal involves the annexation of land that is currently developed with a
single family residence. Therefore, at the time of annexation there will be no
significant impact on the provision of water, sewer, drainage, streets/traffic and solid
waste services. Fire, EMS and Police will shift to a different provider; however, all of
these services will be equal to or better than existing services (see annexation
analysis for details).
If the property were redeveloped, it would be possible to construct 4 single family
homes at the maximum density allowed under the LD FLUM designation (5 du/acre
X 0.88 acres = 4.4 du). Therefore, this is the highest possible intensity. However,
based upon the proposed R-l-AAA zoning requirements, no additional units can be
accommodated on the property unless it is aggregated with adjacent property. As
described below, the impact on the level of service standards would be minimal:
Planning and Zoning BoardStaff Report
Mason Property (13387 Ban~'ick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 5
Traffic:
The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee
Schedule", Palm Beach County Traffic Performance Standards Ordinance for single
family homes is 10 ADT (Average Daily Trips). Therefore, the redevelopment would
generate a total of 40 ADT. The net increase of only 30 ADT will not significantly
impact the surrounding roadway network.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill. The current development of the property with one single family home
generates approximately 1.99 tons per year of solid waste. If the property were
redeveloped with 4 single family homes, the solid waste generation would increase
to approximately 7.96 tons per year. The potential additional 5.97 tons of solid waste
per year generated by the redevelopment will not significantly affect the solid waste
disposal LOS.
Water & Sewer:
Water and sewer service is currently available to the subject property. The Delray
Beach Water Treatment Plant and the South-Central County Waste Water
Treatment Plant both have adequate capacity to serve the City at build out.
Parks and Recreation:
The Parks and Recreation Element of the Delray Beach Comprehensive Plan
indicates that the City meets the adopted level of service for parks and recreation
facilities for the ultimate build-out population of the City.
This analysis indicates that the redevelopment of the subject property would have an
insignificant impact on the provision of public services. Based upon the above, a
positive finding with respect to concurrency can be made.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded by the following Future Land Use Map Designations,
Zoning Designations & Land Uses:
North: The subject property is bordered on the north, by single family residences
(Barwick Ranch) which is located within the City of Delray Beach with a LD Future
Land Use Map designation and R-l-AA (Single Family Residential) zoning
designation.
Planning and Zoning Board Staff Report .....
Mason Property (13387 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 6
South and West: To the south and west of the subject property are existing single
family residences that under Palm Beach County jurisdiction with a County Medium
Density Residential (five units per acre) Future Land Use Map designation and AR (
(Agricultural Residential) zoning designation.
East: To the east of the subject property (across Barwick Road) is vacant property,
which is located in City of Delray Beach, with a MD (Medium Density Residential -
5-12 du/acre) Future Land Use Map designation and PRD (Planned Residential
Development) zoning designation. This property is part of the Sabal Lake PRD and
can be developed at approximately eight units per acre pursuant to the Master
Development Plan.
The surrounding properties all have residential FLUM designations. The properties
to the north, south and west are predominately existing single family residences and
the vacant property to the east (Sabal Lakes Phase IV) is approved for multiple
family development. The proposed FLUM designation will be compatible with the
surrounding area.
Compliance -- Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
There is no development proposal associated with this FLUM amendment.
However, any future redevelopment of the property will be required to comply with
the City's Land Development Regulations at that time. Compliance of the existing
development with the development standards for the proposed R-l-AAA zoning
district is discussed later in the "Zoning Analysis" section of this report.
Florida Statutes Governinc~ Voluntary Annexations: Pursuant to Florida Statute
171.044 "the owner or owners of real properties in an unincorporated area of the
County, which is contiguous to a municipality and reasonably compact may petition the
governing body of said municipality that said property be annexed to the municipality".
Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation
when such annexation results in the creation of enclaves".
Analysis:
The property is contiguous to the City on the east (across Barwick Road), and on the
north (Barwick Ranch) and is reasonably compact. This annexation will not create an
enclave. _
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land
may seek the annexation of contiguous property, under his/her ownership" pursuant to
Florida Statutes. The property owner has voluntarily petitioned for this annexation.
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 7
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is located within designated
annexation area "E" on the north side of Lake Ida Road, between Barwick Road and
Military Trail. Annexation of the territory is consistent with Future Land Use Element
Policy B-3.5, which calls for annexation of eligible properties through voluntary
annexations as the opportunities arise.
CONCURRENCY:
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Element Policy B-3.1). The following is
a discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's Office,
located at 345 South Congress, which serves the South County area. The property lies
within Sheriff patrol zone 4, which is bordered by El Clair Ranch Road on the west, the
Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the
south. One officer is assigned to a particular zone during a shift (three shifts per day).
Additional response can be mustered from "Cover Cars" which roam throughout zones
randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15
square mile area; and, as a consequence, significantly improved response time should
be realized. Annexation will not require additional manpower, as the police currently
pass the property while patrolling areas of the City to the north, south and east of the
property.
Fire and Emergency Services: With annexation, the property will receive an
improvement in response time from the current 7 minutes of the County Fire
Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3
minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida
Roads). The annexation of this property will not require additional manpower.
Water: MuniciPal water service is available via connection to an existing 12" water
main located along the north side 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. While a 8"
force main is located along the west side of Barwick Road, a connection to the City
system will only be required when a gravity system is available or with future
redevelopment of the property. Pursuant to the Comprehensive Plan, treatment
capacity is available at the South Central County Waste Water Treatment Plant for the
City at build-out.
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road)-
Page 8
Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Streets: The property has direct access to Barwick Road, which is under the
jurisdiction of the County. The jurisdictional responsibility and the associated
maintenance responsibility will not change upon annexation. A 25 foot road right-of-way
exists immediately to the north of this property. With future development the dedication
of the remaining 25 feet, for a total right-of-way section of 50 feet will be required. The
existing single family home generates approximately ten Average Daily Trips.
Parks and Open Space: The annexation of the property, which contains a single family
residence, will not create a significant impact on park and recreational facilities.
Solid Waste: As there is no change in actual land use at this time, there will be no
impact on solid waste disposal. The service provider will not change, as described later
in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 2001 tax year the subject property had an assessed value of $125,490,
however, with the $25,000 homestead exemption, the taxable value will be $100,490.
With the change from County to City jurisdiction, the following taxes and rates will be
affected:
Ad Valorem Taxes
Fire/Rescue MSTU
Library
City of Delray Beach
City of Delray Beach Debt
Milla.qe With Annexation
3.05 Deleted (County)
0.5403 Deleted (County)
7.37 Added (City)
0.63 Added (City)
4.4097 Difference*
· Total tax millage in the County is 19.9292 mills while in the City the total millage rate
is 24.3389 mills.
The current yearly ad valorem taxes are $2,002.68. With annexation the yearly ad
valorem taxes will be $2,445.81 tax difference of $443.13. In addition to property taxes,
the following Non Ad Valorem assessments apply:
Delray Beach Storm Water Utility - This equates to $40.50, based on the 25%
discount from the assessment because the subject property is located within the Lake
Worth Drainage District.
Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI, and
the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the
waste service provider will remain with BFI upon annexation.
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 9
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 01/02 County of 19.
9292 to City 01/02 rate 24.9389 mills
(5.0397)
+$443.13
NON AD VALOREM
Stormwater Assessment $40.50
WATER & SEWER UTILITY FEES $254.00
(Base fees only, additional fees are
based on usage $1.20 per 1,000
gallons for water and $1.97 per 1,000
gallons of sewer service).
ANNUAL FINANCIAL IMPACT: $737.63
SERVICE CONSIDERATIONS:
FIRE RESPONSE
+ Faster response time from (estimated time)
7.0 minutes (County) to 3 minutes (City)
EMS
+ Faster response time from (estimated time)
7.0 minutes (County) to 3 minutes (City)
POLICE
+ Better response based upon more officers in
field.
CODE ENFORCEMENT
+ Pro-active vs. reactive opportunity to work
with property owners
Fiscal Impacts to the City: At the 2000/2001 City operating millage rate of 7.37 mills and
debt rate of 0.63 mills, the property will generate approximately $803.92 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 (9.7% electric (with a residential
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 10
exemption for 1st 90 kilowatt hrs.), 5.5% telecommunications, 8.7% gas) and franchise
fees on electric, telephone, gas, and cable.
The proposed City zoning designation is R-l-AAA (Single Family Residential district)
while the current County zoning designation is AR (Agricultural Residential). The zoning
designations of the surrounding properties are identified in the Future Land Use Map
Amendment Analysis section of this report.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the Staff Report or Minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the following four areas:
Future Land Use Map, . Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment and Annexation
Analysis" sections of this report. Compliance with the Land Development
Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below:
Section 3.2.1 (Basis for Determininc~ Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as required
findings in appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezonin.q Actions): Standard A, B, C and E are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The allowed uses in the R-l-AAA zoning district (single family homes and accessory
structures) are compatible with the surrounding residential development.
Planning and Zoning Board Staff Report
Mason Property (13387 Barwick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 11
Section 2.4.5(D){5) {Rezoning Findings):
Pursuant to Section 2.4.5(D)(5), 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 applying for annexation of this
property into the City and the annexation requires that an appropriate City zoning
designation be applied. The requested R-l-AAA is of similar intensity as that allowed
under the proposed City LD (Low Density Residential - Zero to Five Dwelling Units Per
Acre) FLUM designation and is consistent with the surrounding residential zoning and
the existing development of the property.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
As noted previously, the property contains an existing single family residence. The
existing development was reviewed for compliance with the development standards for
the proposed R-l-AAA zoning district. The lot and existing structures meet or exceed all
the development standards for proposed zoning district. It is noted however, that if an
additional dedication of 25 feet (for 133 Road South) occurred along the north side of
the property without the redevelopment of the property a non-conforming side street
building setback would result. There is no development proposal associated with the
annexation request. Any future development will be required to comply with all Land
Development Regulations. Therefore, a positive finding can be made with respect to
future compliance with the Land Development Regulations.
Planning and Zoning Board-Staff Report - -
Mason Property (13387 Ban~ick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 12
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 October 16, 2001, the Palm Beach County Planning Division was notified of the
City's intent to annex this property. To date, a response has not been received.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic
associations:
Progressive Residents of Delray
Sabal Lake
President's Council
Country Manor
Barwick Ranch
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its Planning and Service Area. The requested LD (Low
Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map
designation is Iow intensity. The application of an initial zoning designation of R-l-AAA
is consistent with the proposed FLUM designation.
The annexation will Provide the pi'operty with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in ad valorem taxes.
The City will receive an additional $803.92 -in revenue from property taxes, in addition
to fees from stormwater assessment fees, utility taxes, and franchise fees.
Planning and Zoning Board Staff Report- -
Mason Property (13387 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 13
Ao
Continue with direction.
Recommend approval of the Annexation, Small-Scale Future Land Use Map
amendment from County Medium Density Residential (Five Dwelling Units Per
Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre)
and zoning designation of R-I-AAA (Single Family Residential District) based
upon positive findings with respect to Future Land Use Element Policy A-1.7 of
the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1,
3.2.2, and 2.4.5(D)(5), and the following:
That the property is contiguous, reasonably compact and does not create
an enclave; and,
That services will be provided to the property in a manner similar to other
similar properties within the City.
Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County Medium Density Residential (Five Dwelling Units Per
Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and
zoning designation of R-l-AAA (Single Family Residential District), with the basis
stated.
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to
LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning
designation of R-l-AAA (Single Family Residential District) based upon positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the
following:
1. 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:
El Location/Existing Zoning Map
El Existing Future Land Use Map
El Survey
This Report prepared by: Jasmin Allen, Planner
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
--- DIGITAL BASE J, IAP SYSTE,~t --
- FUTURE LAND USE MAP -
EXISTING PALM BEACH COUNTY MEDIUM DENSITY RESIDENTIAL (5 UNITS/ACRE)
PROPOSED' CITY OF DELRAY BEACH LD (LOW DENSITY, 0-5 UNITS/ACRE)
MAP REF LM564
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CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
-- DIGITAL t~4SE t~P SYSTEM --
- ZONING MAP -
EXISTING: PALM BEACH COUNTY AR (AGRICULTURAL RESIDENTIAL)
PROPOSED: CITY OF DELRAY BEACH R-l-AAA (SINGLE FAMILY RESIDENTIAL)
MAP REF LM564
I:ITY IlF I]ELIII:IY BEI:II:H
CITY CLERK
100 N.W. 1st AVENUE
1993
2001
DELRAY BEACH, FLORIDA 33444 561/243-7000
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01/17/2002 09:02:53 8002002%78
OR BK 13319 PG 03~8
Paim Beach Coun%y~ Flo'cida
CERTIFICATION
I, ANGELA WONG, Deputy City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and corrected copy of
Ordinance No. 60-01, as the same was passed and adopted by the Delray
Beach City Commission in Regular Session on the 8th day of January, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 11th day of
January, 2002.
Deputy City Clerk
City of Delray Beach, Florida
Prlnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
BOOK 13319
O349
ORDINANCE NO. 60-01
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 WEST SIDE OF BARWICK ROAD
AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH
OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH I~2qD IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CiTY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL L4ND USE DESIGNATION OF LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID IahND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLttN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO Rol-AAA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, John F. and Cynthia N. Mason are the fee simple owners of a 0.88 acre parcel
of land located on the west side of Barwick Road and north of Lake Ida Road, approximately 500
feet south of Sabal Lakes Road; and
WHEREAS, John F. and Cynthia N. Mason have requested by voluntary petition to have
the subject property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction
of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of
MR-5 (Medium Density Residential 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
~OOK 13319 P~GE 0350
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of November 19, 2001, and voted
5 to 0 to recommend that the requests be approved with an initial zoning of R-loAAA (Single
Family Residential), based upon positive findings.
NOW, THEREFORE, BE 1T 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 North one fifth (N 1/5 ) of the East half (E ~4) of the Southeast Quarter (SE
Va) of the Southeast Quarter (SE Va) of the Northwest Quarter (NW ¼) of Section
12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East
40 feet for road right-of-way.
The subject property is located on the west side of Barwick Road and north of Lake Ida
Road, approximately 500 feet south of Sabal Lakes Road.
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 &dared to be within
the corporate limits of the City of Delray Beach, Florida.
Section 3. That the land herein above 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.
2 ORD NO. 60-01
BOOK 13319 P~IGE 0351
Section 4. That this annexation of the subject property, including adjacent roads, alleys, or
the like, ff any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 6. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land herein above
described is hereby declared to be in Zoning District R-I-AAA (Single Family Residential) as
defined by existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challcnged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment
in compliance with Section 163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become effective. If
a final order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local
Planning, 2740 Centerview Drive, Tallahassee, Florida 3239%2100.
3 ORD NO. 60-01
BOOK 13319
Dorothy H.
PAGE 035~
Wilken, Clerk
ADOPTED in regular session on second and final reading on this the oa"i~ 'day of
D ,2oo, g_.
City Clerk
First Reading__e~_
Second Readinu (~
MAYOR
4 ORD NO. 60-01
FAX
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
100 N.W. I st Ave
Delray Beach FL 33444
Tel (561) 243-7050 - Fax (561) 243-3774
DFLRAY BEACH
1993
TO:
V~Dann Gonzales, County EMS (561) 712-6455
ave ~1
BFD 243-7461
rassard, D
Barbara Garito, City Clerk
(561) 243-7051
(561) 243-3774
FROM:
DIRECT PHONE LINE
OUR FAX
TOTAL NUMBER OF PAGES (including cover sheet)
Urgent ~ Please Comment
COMMENTS:
[] Please Reply [] Please Recycle
Manny, kindly see that the Emergency Service is changed County response to City
response since this property was annexed into the City of Delray Beach effective
immediately upon signing of Ordinance No. 60-01 on January 8, 2002.
Notification of annexation was sent out on January 16m and acknowledged by the
State on January 18~. .
Barbara Garito, City Clerk
02/21/02 Till; 13:19 FAX 561 243 3774 CITY CLERK ~001
*** TX REPORT
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIldE
USAGE T
PGS. SENT
RESULT
2135
02/21 13:14
04'38
8
OK
92437461
FAX
CITY CLERK'S
OFFICE
Tel
CITY OF DELRAY BEACH
100 N.W. 1st Ave
Delray Beach FL 33444
(561) 243-7050 - Fax (561) 243-3774
DELRAY BEACH
993
TO'
Dann Gonzales, County E. MS 1(561)7'12-6455
ave YBrassard, DBFD 243 746
Barbara Garito, City Clerk
(561) 243-7051
(561) 243-3774
FROM:
DIRECT PHONE LINE
OUR FAX
TOTAL NUMBER OF PAGES (including cover sheet)
F~Revie~" Please
Urgent ~ Comment
COMMENTS:
[] Please Reply [] Please Recycle
Manny, kindly see that the Emergency Service is changed County response to City
response since this property was annexed into the City of Delray Beach effective
immediately upon signing of Qrdinance No. 60-01 on January 8, 2002.
Notification of annexation was sent out on January 16'" and acknowledged by the
State on January 18th
02/21/02 THU 13:14 FAX 561 243 3774 CITY CLERK ~001
*** TX REPORT
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
2134
915617126455
02/21 13:09
04'43
8
OK
D~YB~CH
1993
FAX
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
100 N.W. 1st Ave
Delray Beach FL 33444
Tel (561) 243-7050 - Fax (561) 243-3774
TO' M~ Manny Gonzalje~e County EMS (561)
~rd, DBFD 243-7461
712-6455
FROM: Barbara Garito, City Clerk
DIRECT PHONE LINE (561) 243-7051
OUR FAX (561) 243-3774
TOTAL NUMBER OF PAGES (including cover sheet)
Urgent/~or Review~) Please Comment [] Please Reply [] Please Recycle
COMMENTS:
Manny, kindly see that the Emergency Service is changed County response to City
response since this property was annexed into the City of Delray Beach effective
immediately upon signing of Ordinance No. 60-01 on January 8, 2002.
Notification of annexation was sent out on January 16th and acknowledged by the
State on January 18th.
.,.~
[lTV JIF llELRI:I¥ BEI:I[H
DELRAY BEACH
CITY CLERK
1993
2001
January 16, 2002
100 N.W. 1st AVENUE
DELRAYBEACH, FLORIDA 33444 561/243-7000
NOTIFICATION OF ANNEXATION
Enclosed please find a copy of Ordinance No. 60-01 annexing property to the
City of Delray Beach, which was passed and adopted on second and final
reading by the City Commission in regular session on January 8, 2002.
Ordinance 60-01 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)243-7050.
Sincerely,
Angela Wong~
Deputy City Clerk
Attachments: Ordinance No. 60-01
Annexation Brief
S \City Clerk\ANNEXATION LTRS\Base Letter for Annexanons--Ordmance doc
{~ Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
ORDINANCE NO. 60.01
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 WEST SIDE OF BARWICK ROAD
AND NORTH OF I. AKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH
OF SABAL LAKES ROAD, AS MORE PARTICUI_~RLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID
IahND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFLXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO R.1-AAA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CI~USE,
PROVIDING A SAVING CI2kUSE, AND AN EFFECTIVE DATE.
WHEREAS, John F. and Cynthia N. Mason are the fee simple owners of a 0.88 acre parcel
of land located on the west side of Barwick Road and north of Lake Ida Road, approximately 500
feet south of Sabal Lakes Road; and
WHEREAS, John F. and Cynthia N. Mason have requested by voluntary petition to have
the subject property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
VeqqEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction
of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of
MR-5 (Medium Density Residential 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, 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 November 19, 2001, and voted
5 to 0 to recommend that the requests be approved with an initial zoning of R-I-AAA (Single
Family Residential), based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The North one fifth (lq 1/5 ) of the East half (E V2) of the Southeast Quarter (SE
Va) of the Southeast Quarter (SE Va) of the Northwest Quarter (NW Va) of Section
12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East
40 feet for road right-of-way.
The subject property is located on the west side of Barwick Road and north of Lake Ida
Road, approximately 500 feet south of Sabal Lakes Road.
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 herein above 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.
2 ORD NO. 60-01
Section ~}. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 6. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 (1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land herein above
described is hereby declared to be in Zoning District R-I-AAA (Single Family Residential) as
defined by existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one.(31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment
in compliance with Section 163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become effective. If
a final order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Depattx,xent of Community Affairs, Bureau of Local
Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
3 ORD NO. 60-01
ADOPTED in regular session on second and final reading on this the ~
,200~.
City Clerk
First Reading ~ · ~ ~q~ !
Second Reading ..(~'
ot'~ 'day of
MAYOR
4 ORD NO. 60-01
ANNEXATION BRIEF FOR THE MASON PROPERTY
Property Control Number:
00-42-46-12-00-000-3140
Acrea.qe: 0.88 Acres
Taxable Value:
$100,490.0O
Projected Population Increase: -4 -
Number of
Buildings
On-Site:
Owner's Address:
John F and Cynthia N Mason
13387 Barwick Road
Delray Beach, FL 33445
Property Address:
13387 Barwick Road
Delray Beach, FL 33445
County Land Use Desiqnation:
MR-5 (Medium Density Residential - 5 units per acre)
City Land Use Desiqnation:
.City Zoning Designation:
Current Use of Property:
LD (Low Density Residential 0-5 du/ac)
R-l-AAA (Single Family Residential).
Single family residence
PINE TREE DRIVE
SUNRISE BOULEVARD
PALM RIDGE BOULEVARD
1.33 ROAD SOUTH
SABAL
CANAL
LAKES RD
133 ROAD SOUTH
N.W. 9TH ST.
COUNTRY ROAD
LAKE IDA
\
ROAD
CITY OF DE.I. RAYBEACH. FL
PLANNING & ZONINGDEPARTMENT
MASON PROPERTY
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Dlwslon of Corporations
Dlwslon of Cultural Affairs
Dlws~on of Elecnons
Division of Historical Resources
Dlwslon of L~brary and Informatmn Serwces
Dlws~on of L~cens~ng
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
H~storlc Palm Beach County Preservation Board
Hastorlc Pensacola Preservatmn Board
H~stonc St Augustine Preservataon Board
Hxstonc Tallahassee Preservatmn Board
H~stonc Tampa/Hillsborough County
Preservatmn Board
RINGLING MUSEUM OF ART
January 18, 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 January 16, 2002 and copy of
Ordinance No. 60-01, annexing property to the City of Delray Beach, which was
filed in this office on January 16, 2002.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Colhns Building · 107 West Gaines Street · Tallahassee, Florida 32399-0250 · (850) 245-6270
FAX: (850) 245-6282 · WWWAddress: http://www.dos.state.fl.us · E-Mail: electton@mad, dos. state.fl, us
2001-3 PURSUANT TO THE PROVISIONS OF THE 'LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND LAND
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A' ENTITLED
,EREn~ BY REFERENCE; m:M=~ ^ SAV~ CLAUSE, ^ GENERAL
11t 20011AT 7:00 P.M. ((x' M ally colttJnoatJOll ~ ~ ~ ~ is set
bylhe Commission), kt 9re Commission ~ at City Haft, 100 N.W.
TO ENSURE THAT A VERBAT~ RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL 18 TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT
TO F.S. 286.0105.
~ 6, 2001
-AdINSt2013
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 60-01
The City Commission of the City of Defray Beach, Florida will hold a PUBLIC HEARING ON THE ]hOLLOWING PROPOSED ORfiiNA,NCE ON TUESDAY. JANUARY 8, 2002~ AT
7:00 P.M. (or at any continuation of such meeung which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, at which Ume the City
Commission will consider its adoption The orthnance will be read by uric only and all interested parties will be g~ven the oppo~umty to be heard.
ORDINANCE NO. 60-01
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 WEST SIDE OF BARWICK ROAD AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH OF SABAL LAKES ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LlbtlTS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY
RESIDENTIAL 0-5' DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN, ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS, PROVIDING FOR THE ZONING THEREOF TO R-I-AAA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
'~.EAS, John F. md Cynthia N. Mnson are the fee simple owners ora 0 88 ncre p~a'ce[ of I~md located on file we~t side of Barwick Road and no~h of Lake Ida Road, at~t~roximately 500 feel south of
Sabal L~es Road, md
WHEREAS, loha F. ~d Cynthia N. M~on have t~luestod by vo[untary petition to have the subjucl t~my mnexed into the municipal lim~s of the ~hty of DeL. ay Ben,ch; and
WHEREAS, the subject pmpen'y ha~inafler described m contaguons to the co.orate limits of the City of De.ay Beach, Florida, md
WHEREAS, Iha City of Delray Beach has besetofo~ been amhonzed to annex hinds m accordance w~th Secmm 171.044- of the Honda Statutes, and
Dessity Res~tential 5 units l~r ~ore); md
WHEREAS, the Advisory Future Land Use Map designauon for the subject property in the City of Delray Be~, Florida, is LD (Low Denmty Residenual 0-~5 flu/ac), md
WHEREAS, the City's FLUM deslgnaUons as Inmally conuaneti On the City's Fatin~ Land Use Map adopted in November, 1989, ~nd as subsequently amended, a~ deemed to be advisory only unu] au
official Land Use Amendment is processed, mdnd
WHEREAS, the dasignatinn of n zoning classification is imrt of lifts proceeding, md the provimons Of Land Development Regulatinos Cha~er Two have been followed m establtshing the proposed zoning
WltI~REAS, lmmmm to LDR Section 2.2.2(6), the Harming ~md Zoning Bom'd hald n lmbhc bearing md conalde~d fha subject rentier at its meeting of November 19, 2001, and veted $ to 0 to recommend
that the ~ be app~ved with all Initial zooIng orR- 1 -A.~A (Single Family Residential), based ilpoo positive fil~dillgs,
NOW, THEREFORE, BE IT ORD~D BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Snction I Th~ the City Commtsston Of the City Of Delray Beach, P'ahn Beach County. Florid&, hel'~,y almexes to smd City the following deso'ibed land located in l~alm Beach County, Florida, which lies
contiguous to smd City to-wit.
Tbe Nonh One fifth (N I/5) oftbe Faro half (E I/2) of fha Sonthe~m Qua~er (SE I/4) Oftbe Sontbeast Qumer (SE I/4) Of tbe Northwest
~ ~ 1/4) of Section 12, Township 46 South, Range 42 Ea~ Palm Beach Coonty, Florida, less the ~ 40 feet for road night-of-way
The sub.~x:t property is located On the west side Of Baswick Road md ~orth of L'~ke Ida Ro~l. ap1~roxinmtely .$00 fset suoth of Sabal Lakas Road
Section 2 That the bouadanes of the City of Delray Beach, Florida, are be~by redefined to include therein ~e above-described tract of land md ~ Imd is hereby decl~xl to be w~thm the empor~e limits of the
City of Deltay Both, Florida.
Delray Beach are now or may be subjected, including the S~mwater Management Assessment levied by the City p~suam to its ordinmce~ md as req,,~ed by Florida Smmtos Chapmr 197, and persons residing
thereon shall be deemed cmzeas of the City of Delrsy Beach, Florida.
Secuon 4. Tim flus annexation of the subject prolmty, Including adJaCent vtmds, alleys, or the Idte, if my, shall ~ be deemed nccepmnce by the City of my maintem~,ee ~msibility for such roads, alleys, or the
hke, mfless otimwtse s~nc~fically imti~ed by the City im~mot to cm~m requuements md cosdmom
Sncuon 6 l~t the City of Deliny Beach e~ncts to nuflte flus small scale amendment by haw,,g Only ~n ~dopuon beanng, pu~umt to Florida Statme~ Secuon 163.3187(IXc)3.
Secuon 7. That ~ Two of the lamd Development Regulmo~s has been fo[lowed in establtslunem of a zoolng class~flcauon m this ordinance and the tract of Ired herein above descn'bed is henry declared to be
in Zomng D~trict R-I-AAA (Single Family Residentml) as defined by existiug ordinances of file City of Deb'ay Beach
Sncuo~ 9 That shonld any secuon or provision of flus ordinmce or my pomo~ tbe~of, my psragn~a, sostonce, or word be deciased by a coon of competont junsd~mon to be invalid, such decmon shall ~o~ affect
Secuon 10. ~ flus o~hnance shall become effective as fo[lows As to mmexation, lmmedmtely upon presage os s~xmd md final re~thng, as to Ired use md zoomg, flurry-one (31) days afar ado~ion, unless the
amendment is eludlenged pursmmt to Section 163.31~(3), FS If chidlenged, the effective date of flus amendmest shall be the date n final order is issued by the Dapamneat of Commumty Affmrs, or the
Adnumstration Cosmuss~on, finding the ameodme~t m comphance w~th Sectioo 163 3184, F S No de~lopmeat orders, develol~ment penmts, or land uses dependent on flus amendment may be issued or commence
before it has become effective If n final order of noncomphmce is issued by the Adn~ntstranon Commtssion, flus amendment may nevertheless be made effecuve by ~olmon of a resolution ~irming its affncuve
s~atus, a copy of which resolution shall be sent to the l~t of Commmuty Affai~, Bureau of Local Plaumng, 2?40 Centervlew Drive, Tallahassue, Florida 32399-2100
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDMSION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE
OBTAINED FROM THE OFFICE OFTHE CITY CLERK, ClTY HALL, 100 N.W. 1st AVENUE DELRAY BEACH FLORIDA.
sI'rE
:-
IIIIIIIIC~ I-~lI III III III III II I IlI~
~ MASON PROPF.,RTY' ~
This notice is publtshed as reqmr~:l by Slate law at F S 171.044 aud Secuon 2 03(b) of the City C~arler, of Ihe City of Delray Beach. The proposed on:lmunce may be inspected at the Office of the City Clerk at
City Hall, ] 00 N W I st Avenue, Delray Beach, Florida, between the hours of 8-00 a m. and 5 00 p m., Monday through Friday, exchichng holidays
PUBLISH: Boca RatorffDelray Beach News
Wednesday, January 2, 2002
Ad~ NS120198
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 60-01
The City Commission of Ihe City of Defray Beach, Florida will hold a ,PUBLIC HEARING QN THE FOLLOWING
PROPOSED ORDINANCE ON TUESDAY, JANUARY 8, 2002, AT 7.-00 P.M. (or at any continuauon of such meeting
which is set by the Commission), in'the Commission Chambers at City Hall, 100 N.W. Ist Avenue, Delray Beach, at which time
the City Commission will consider i~s adoption. The ordinance will be read by title only and all interested parties will be given
the ~ ~ ~ h~d. ORI~INANCE NQ, ~1
AN ORDINANCE OF T~.iCQMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
crrv_ o~ o~o,Y ~wnc~.~n ~C~L O~ i_~O LO, AXED ON ~ w~r SIDE OF B~VaCt~ gOAD An NOgr~
OF LAr~ IDA ~OAO, APtn~O~A~LY 500 ~r sotn~ OF SABAL LAr, ES ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN, WI-HCH LAND tS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS, REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND, AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC
FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING
TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-I-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN
This ~oti~e is pubhshed as required by Stale law at ES. 171.04~ and Section 2.03(b) of the City Char~er of the City of Delray
Beach. Thd proposed ordinance may he inspected at the Office of the City Clerk at Ctty Hall, 100 N.W. is~ Avenue, Defray
Beach, Florida, between the hours of 8.00 a~m. and 5:00 p.m, Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A I~RSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPECT TO ANY MATrER CONSIDERE~ AT THIS HEAR.ENG, SUCH PERSON WILL NEED A
RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UI:~N WIflCH THE APPEAL IS TO BE BASED. THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO ES. 286.0105.
CITY OF DELR~Y BF, ACH
~USH: ~y, ~ ~, ~1 B~ ~to
Boca Raton/Delray Beat:h N~ws City Clerk
Ad~ NS120171
*~OW. A ~MPLETE ~AL DESC~ON BY LOT ~ SUBD~SION ~R ~ ~ BO~S AND A ~
C~Y OF ~ O~IN~CE ~REIN ~O~ N~ CAN BE OBT~ ~OM ~ ~CE ~ ~ ~
~ ~C~Y~LL, I~N.W. IstA~,D~YBEACH,~O~A ~
CITY OF DELRAY BEACH
NOTICE OF PROPOSED LAND USE CHANGE
The City Commission of the C~ty of Deiray Beach, Florida, proposes to adopt the following small scale amendment
to the Comprehensive Plan of the City of Delray Beach:
A small scale Future Land Use Map amendment FROM County MR-5 (Medium Density Residential 5-
· du/ac) TO City LD (Low Dens,ty Residential 0-5 du/ac) for a 0.88 acre parcel of land located on the west
side of Barwick Road and north of Lake Ida Road, approximately 500 feet south of Sabal Lakes Road.
The City Commission will conduct a Pubhc Hearing on TUESDAY~ JANUARY 8~ 2002~ AT 7:00'P.M. (or at any
continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W.
I st Avenue, Delray Beach, Florida. At this meeting the City Commission will consider adopting this small scale
amendment to the Future Land Use Map of the Comprehensive Plan. The title of the enacting ordinance is as follows:
- ORDINANCE NO. 60-01
AN ORDINANCE OF THE CTFY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD AND NORTH OF
LAKE 1DA ROAD, APPROXIMATELY 500 FEET SOUTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SA1D
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSlTY RESIDENTIAL 0-5 DU/AC FOR
S~D LAND ~ ~ ~ LAND USE M~ AS CO~D IN THE ~~S~E PLAN; ~G
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS. PROVIDING FOR THE ZONING THEREOF TO R-I-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT,
PROVIDING A GENERAL REPEALER CLAUSE. PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
All interested citizens are invited I~ attend the public hearing and comment upon the proposed Future Land Use Map
amendment or submit their comments in writing on or before the date of this heating to the Planning and Zoning
Depamnent. For further information or to obtain copies of the proposed amendment, please contact thc Planning and
Zoning Department, City Hail, 100 N.W. 1st fi,venue, Delray Beach, Florida 33444 (e-mail at
pzmail@delrayplanning.org) or by calling 561/243-7040), between the hours of 8.'00 a.m. and 5.'00 p.m., Monday
through Friday, excluding holidays.
I~EASE BE ADVISED THAT IF A PERSON DFaCIDES TO APPEAL ANY DECISION MADE BY TI~ cYrY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL ~ A RECORD OF
THESE PROCEEDINGS, AND FOR THIS PURI~SE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES
THE TESTIMO~ AND EVIDENCE LrI~N WHICH THE APPEAL IS TO BE BASED. THE crrY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD. PURSUANT TO F3. 286.0105.
CITY OF DI~RAY BEACH
IMd~y. D~mll~ 28, 2(]01
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