Ord 15-14 Return to:(enclose self-addressed stamped enveloped
Name: CFN 20140351208
OR BK 27052 PG 0491
Aaaress: RECORDED 09/22/2014 15:17:42
Palm Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
Pga 0491 - 495; SSpg0
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[ITV OF Of RAY BE I
DELRAY BEACH ` l
CITY CLERK 100 N.W.1st AVENUE DELRAY BEACH,FLORIDA 33444 • 561/243-7000
MI-AmericaCiry =`?,
1993
zoo? TIFICATION
I, CHEVELLE D. N?BIN, MAIC, City Clerk of the City of Delray
Beach, do hereby certify that," attached document is a true and correct
copy of Ordinance No. 15-14 =the same was passed and adopted by the
Delray Beach City Commission in regular session on the 3rd day of June 2014.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 191h day of
September, 2014.
Chevelle D. Nubin,MMC
City Clerk
City of Delray Beach, Florida
'Pv
SERVILE PERFORMANCE 1NTE6RITY RESPONSIBLE EN'NOVATIVE ° TEAMWORK
Book27052/Page491 Page 1 of 5
ORDINANCE NO.-15-14
ORDINANCE OF THE MY OF DELRAY BEACH;
E ,
(`A,DRIDA; AMENDING ORDINANCE NO, 18-94 TO
RRECT A SCR[VP.M'S ERROR
'IN THE LEGAL
j Mp' -LIP TION OF THE LAND ANNEXED INTO THE CI'Y'
L s TED AT 2101 NORTH FEDERAL HIGHWAY,. AND
BEE& ,-�.;M60 PARTICU3LA Y- DESCRIBED THEREIN;
PRO NG FOR SEVERABILI' PROVIDING A
GENT REPEALER CLAUSE, A SAVING CLAUSE, AND
WHEREAS,.ga :22 1994,the City.of Delray Beach passed.and adopted-Ozdiigar_i�e 1's]o.
_. ..
18-94,wlitch anaexed a parcel on 1Vtth Federal Highway into
he corporate limits of the City,
and i
t
WHEREAS, it bas come. tip O, tq' gal
Cz s: attes�t�an that. due to a 'scrivener's error, e..lo gal
-
desadp6ba for the parcel as described ga_5ection'1 of Ordinance No.1&94 is incomplete and does.not
accumt4y describe.the.propetty thai was ivxe�'ded to be annexed into the City;aad
WHEREAS,the City of.Delmy 19.e Fdeems it necessary to amend Ordinance.No. 18-94,
, . .
to catrect.the legal.description of:the that was'the subject o.the anne xation, and.to
-ratify and confirm Ordinance:No.,18-9.4 with the corrected legal description:
C NOW TH EFORE;BE Tr ORDAINED BY THE.MY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
I
SE60al That th&recitations set forth above ate fe -rated.>erem.
I' Section 2. That:Sectlon•1 of Ordinance No. 18-94 be,and..the same is here*.=,6nde4
f to read'as followac
Secti ou 1:.'That the City.Cgnim scion.of the City of DbIzzy Beach;,Palm Beach
County, Florida; hereby annexes to said City the following described land
Located in Palm Beach,County, Florida, vv.htch lies contiguous to said City to-
A-403.4
• wit:
of seedon 4, T4Mft_ _. .
Book27052/Page492 Page 2 of 5
j
i
1� .>
4oA Fed
i i .
.
THE NORTH 100 FEET OF THE -Q=-503.4 FEET.OF THE
ra SOUT� ST ONE-QUARTER OF T . SOUTH
HWE T
V ONE-QU&&UR(SW OF SECTION j'TOWNSHIP 46 SOUTH,
f,$ANGE 43 EAST; PALM BEACH CC,)UNTY; FL.[DRIDA 1,)M
BAST OF U.S. HIGHWAY NO. 1, TOGETHER. WITH: THE:
FORTH 100 FEET OFTEE SOUTH 503.4 FEET OF-THE 1►�F�S'T'
C HALF l/a OF THE SOUTHWEST ON
� _ E-QT3ARTER (�SW.
i 1 4 ,TPIE SO -QUARTER , F ECTF
.4, 1 W1T89IP 46 SOUTH, RANGE 43 Et15T, PALM 13EACI4
Mill FLORIDA ALL BEING MORE .PARTICULARLY
DESCRiE I7 ASk'OLI,OWS:
BEGINNTI G AT THE RTTERSECTION OF`THE EAST RIGHT-
DE-MAX.Ll `-OF U.S. -MgHWAY NO: 1. &S SHOWN Old
FLORIDA D ARTYMENT OF TRANSPOK=QN RIGHT OF
WAY MAP.SEC NO.9301-205_ROAD NO. 5,.P.AGE 3 OF�10;
' D=T% 1-56 `THE NORTH LINE OF U.m. NORTH 100
FEET OF THE R Q-Tt� ';03.4 FEET OF THE SOUTHEAST D
QU&L (SE '/4) OF THE SOUTHWEST ONE-!QUARTER (SW
i
'/a) OF SEC'T'ION 4:THENCENORTH 89°2445"RAS'I'QN SAM
i NORTH LINE AND nM NORTH LTNF?, OF SAID NOR'T'H 100
I, FEET OF THE.SOMH 503.4 FEET QF-THE WEST ONirHALF
cW '/-1 OF THE SOUTHWEST OUARTEIR (SW N) OF THE.
' SOUTHEAST ONIrQUARTER (SE '/a) OF .SECTION 4, A
i
DISTANCE OF 686.11 FEET TD A PAINT ON THE.EAST LIFE
CAF SAID WEST ON]UHALF CE'/z)OF THE SOUTHWEST ONE
QUARTER M'Y4) OF THE SOTaW-AST ON QUARTER (SE
i 14,E OF SECTION 4•MENCE SOUTH:01°53'1Ci"EAST ON SAID
EAST LINE_ A DISTANCE OF lMW FEET TO A. POINT ON
' THE SOUTH LINE OF SAID NORTH 100 FEET OF THE SOUTH
503.4 FEET OF THE WEST ONE-HALF C& A), QF THE
SOUTHWEST ONE-QU W 1/4) OF THE SOUTFTFAST
ONE-O ATI R�(S W OF SECTION 4; 31MCE SOUTH
89°24'45" WEST ON SAID SOUTH LT1E AND THE SOUTH
LINE OF SAID NORTH 100 FEET OF TIDE SOUTH 505.4 FEET
ORD.No.15-14
2'
Book27052/Page493 Page 3 of 5
>` r
OF THE SOUTH 503.4 FELT OF THE SOUTHEAST ONE-
t QUARTER (5E %) OF THE SOUTHWEST ON`E-0UAkTER SSW
OF:SECTION 4 A DISTANCE_OIp11,46 FEET TO.A POINT--'01--'--
ON SAID EAST RIG T-OF-WAY LINE AND A POINT'ON'TH—
ARC OF A CIRCULAR CURVE TO THE RJ09 Al WHICH THE
j RElI]IUS PDWI BEARS SOUTH 78 006'35" EAST- THENCE
a>
t "- ;:NORTHERLY ON THE ARC OF SAID CURVE HAVING A,
RADIUS OF' 5679.65 F E AND A CENTRAL ANGLE OF
/fbi"02'07", A DISTANCE.OF 102.63-FEET TO THE'POINT OF
.I3EL
B FLORIDA AMID CONTAINING. '6%894:
50 i71 t 'FRET X1.605 ACRES,,MORE Q,R,LR '.
.Section 3. That tbis Otc i atice shall be incorp.oratcd into.Ordinance N:o:18-9.4.
l
Section 4.. That should anp s�jetla ar provisiosi of'fhis ordiitaxzce yr a':ty portion thereof,
any paragtaph,sentence,or wotd be decla ecl? y.a court of"competenkjutisdicdon to be invalid,such
decision shall not affict tie�ralidity o�`t�€�winder lia�reof as a,whole at,part thereof other than
the part dechmed to be invalid:.
Section 5. Thatall o auces otparts of oidinances in conflict he€eovitli be;and the.sanae
iare hereby repealed.
Seciio 1. That this ordinance shall. become effective imtnediately upon its passage on
second and.hnAteading:
I
PASSED AND ADOPTED by the City Cot�sion of the City of Delray Beach;-Flofiida;
in regular sesstoa on second.and.Anal readiag this the :.dap o£-
1
ORD.No.15-14
3
Book27052/Page494 Page 4 of 5
s 01YOR
ATTEST:
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City Clerk f- ~
FirstRacdine
SecandA0d*g
Via, f
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oRM No.15-14.
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Book27052/Page495 Page 5 of 5
i
ORDINANCE NO. 15-14
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 18-94 TO
CORRECT A SCRIVENER'S ERROR IN THE LEGAL,
DESCRIPTION OF THE LAND ANNEXED INTO THE CITY
LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR SEVERABILITY; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, on March 22, 1994,.the City of Delray Beach passed and adopted Ordinance No.
18-94, which annexed a parcel of land on North Federal Highway into the corporate limits of the City;
and
WHEREAS, it has come to the City's attention that due to a scrivener's error, the legal
description for the parcel as described in Section 1 of Ordinance No. 18-94 is incomplete and does not
accurately describe the property that was intended to be annexed into the City;and
WHEREAS, the City of Delray Beach deems it necessary to amend Ordinance No. 18-94,
to correct the legal description of the property that was the subject of the annexation, and to
ratify and confirm Ordinance No. 18-94 with the corrected legal description.
NOW THEREFORE, BE IT ORDAINED BY TIIE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 1 of Ordinance No. 18--94 be, and the same is hereby amended
to read as follows:
Section 1. That the City Cotrua-ission 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 Noitheifly 100 feet of the Sattffi—edy 5-113 4 ��t of the West H-a�
�p._,l � �i_-_.est r�._,..to f (SW 4 I ns seams` r( SIR
V- �U14 L�1 VV 4JL .✓LLQ1 L�..1 I�e�L`�euCt[ q�et
1/4) of-Section,'Ferwnship-46 South, Range J 4 2 Ras`, P r-�eh
ORDINANCE NO. 15-14
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 18-94 TO
CORRECT A SCRIVENER'S ERROR IN THE LEGAL
DESCRIPTION OF THE LAND ANNEXED INTO 'THE CITY
LOCATE_D AT 2101 NORTH FEDERAL HIGHWAY, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR SEVERABILITY; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECT VF DATE.
WHEREAS, on March 22, 1994, the City of Delray Beach passed and adopted Ordinance No.
18--94, which annexed a parcel of land on North Federal Highway into the corporate limits of the City,
and
WHEREAS, it has come to the City's attention that due to a scrivener's error, the legal
description for the parcel as described in Section 1 of Ordinance No. 18-94 is incomplete and does not
accurately describe the properly that was intended to be annexed into the City;and
WHEREAS, the City of Delray Beach deems it necessary to amend Ordinance No. 15-94,
to correct the legal description of the property that was the subject of the annexation, and to
ratify and confirm Ordinance No. 18-94 with the corrected legal description.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 1 of Ordinance No. 18-94 be, and the same is hereby amended
to read 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 Netthe-Ay 100 feet of the Southerly 503.4 feet of the West Half(W
4/2) of the-Soutlyr Y&rtet(SW 4,14) of o east Q" ei( SE
1/4) of-Seetion 4, Tavelaship 46 South, Range 43 a Pa" Beae
,
The subjeet p-roperty being located off 4te east side of ?4,5i=th Fedeiza
Highwar, at 2101 North Fedei!al iRghwffy; and containing a 1.609 ac-te
pafeel of ] .
THE NORTH 100 FEET OF THE SOUTH 503.4 FEET OF THE
SOUTHEAST ONE-QUARTER (SE I/4� OF THE SOUTHWEST
ONE-QUARTER (SW !Q OF SECTION 4, TOWNSHIP 46 SOUTH,
RANGE 43 EAST,. PALM BEACH COUNTY, FLORIDA LYING
EAST OF U.S. HIGHWAY NO. 1, TOGETHER WITH: THE
NORTH 100 FEET OF THE SOUTH 503.4 FEET OF THE WEST
ONE-HALF (W '/z) OF THE SOUTHWEST ONE-QUARTER (SW
/4)
OF THE SOUTHEAST ONE-QUARTER (SE ' OF SECTION
4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY FLORIDA ALL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-
OF-WAY LINE OF U.S. HIGHWAY NO. 1, AS SHOWN ON
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAP SECTION NO. 9301-205 ROAD NO. 5 PAGE 3 OF 10,
DATED 1--56 AND THE NORTH LINE OF SAID NORTH 100
FEET OF THE SOUTH 503.4 FEET OF THE SOUTHEAST ONE-
UARTER SE 1/4 OF THE SOUTHWEST ONE-QUARTER SW
16) OF SECTION 4, THENCE NORTH 89 02445" EAST ON SAID
NORTH LINE AND THE NORTH LINE OF SAID NORTH 100
FEET OF THE SOUTH 503.4 FEET OF THE WEST ONE.-HALF
(W 1/Z) OF THE SOUTHWEST ONE-QUARTER (SW 14) OF THE
SOUTHEAST ONE-QUARTER (SE '4) OF SECTION 4, A
DISTANCE OF 686.11 FEET TO A POINT ON THE EAST LINE
OF SAID WEST ONE-HALF (W `/2) OF THE SOUTHWEST ONE-
QUARTER (SW x/4) OF THE SOUTHEAST ONE-QUARTER (SE
16) OF SECTION 4, THENCE SOUTH 01 053'16" EAST ON SAID
EAST LINE, A DISTANCE OF 100.03 FEET_TO A POINT ON
THE SOUTH LINE OF SAID NORTH 100 FEET OF THE SOUTH
503.4 FEET OF THE WEST ONE-HALF (W 1/ OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHEAST
ONE-QUARTER SE 1/4 OF SECTION 4• THENCE SOUTH
89 024'45" WEST ON SAID SOUTH LINE AND THE SOUTH
LINE OF SAID NORTH 100 FEET OF THE SOUTH 503.4 FEET
ORD. No. 15-14
2
OF THE SOUTH 503.4 FEET OF THE SOUTHEAST ONE-
QUARTER (SE !6) OF THE SOUTHWEST ONE-C-UARTER (SW
!6) OF SECTION 4,_A DISTANCE OF 711.46 FEET TO A POINT
ON SAID EAST RIGHT-OF-WAY LINE AND A POINT ON THE
ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE
RADIUS POINT BEARS SOUTH 78°06'35" EAST: THENCE
NORTHERLY ON THE ARC OF SAID CURVE HAVING A
RADIUS OF 5679.65 FEET AND A CENTRAL ANGLE OF
01°02'07", A DISTANCE OF 102.63 FEET TO THE POINT OF
BEGINNING.
SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY FLORIDA AND CONTAINING 69,894
SQUARE FEET (1.605 ACRES), MORE OR LESS.
Section 3. That this Ordinance shall be incorporated into Ordinance No. 18-94.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be,and the same
are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED by the City Commssion of the City of Delray Beach, Florida,
in regular session on second and final reading this theday of �� , 2014.
ORD. No. 1S-14
3
I
MAYOR
ATTEST,
City Cletk r�
First Reading ��ao
Second Reading
I
ORD. No. 15-14
4
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PROPERTY LEGAL DESCRIPTION
PLANNING AND ZONING _
DEPARTMENT ORDINANCE 15-14
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Coversheet Page 1 of 1
MEMORANDUM
. ............
.............
.. ........
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Robert A. Barcinski, Acting City Manager
DATE: May 22, 2014
SUBJECT: AGENDA ITEM 10.E - REGULAR COMMISSION MEETING OF JUNE 3, 2014
ORDINANCE NO. 15-14
BACKGROUND
On May 20, 2014, the City Commission approved Ordinance No. 15-14 on first reading.
Legal Department Review: Ordinance No. 15-14 was published in the Palm Beach Post
newspaper on Friday, May 23, 2014 in compliance with advertisement requirements.
Financial Department Review: Finance recommends approval.
Discussion: This ordinance is before Commission for second reading to consider approval to
correct a scrivener's error within the legal description of Ordinance No. 18-94, pertaining to the
annexation of 2101 North Federal Highway.
Operating Cost: N/A
Timing of the Request: This item is not time-sensitive.
Recommendati : Approve Ordinance No. 15-14 on second and final reading.
RECOMMENDATION
Approve Ordinance No. 15-14 on second and final reading.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=7952&MeetingID=511 7/1/2014
Coversheet Page 1 of 2
lii it MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Robert Barcinski, Acting City Manager
DATE: May 7, 2014
SUBJECT: AGENDA ITEM 11.E.-REGULAR COMMISSION MEETING OF MAY 20.2014
ORDINANCE NO.15-14
BACKGROUND
The subject property is located at 2101 North Federal Highway (east side of North Federal Highway,
north of the former Delray Swap Shop property). On March 22, 1994, the City Commission approved
the City-initiated annexation of the subject property via Ordinance No. 18-94. The subject property
herein referenced contained two parcels which had property control numbers of 00-43-46-04-00-000-
5040 and 00-43-46-04-00-000-5041 prior to the annexation.
In reviewing the request to correct the scrivener's error for Ordinance No. 19-94, (considered prior to
this item on this Commission agenda) staff discovered that the legal description for the parcel as
described in Section 1 of Ordinance No. 18-94 was also incomplete and did not accurately described
the property that was intended to be annexed into the City.
The property described in Section 1 of Ordinance No. 18-94 omits a 0.09 acre area adjacent to US
Highway No.I whereas it is clear from the supporting documentation and map exhibits that it was the
intent of the City to annex the entire property. Further, upon annexation, Palm Beach County Property
Appraiser's records show the entire property as being incorporated within the municipal limits of the
City of Delray Beach and has been assigned property control numbers of 12-43-46-04-00-000-5040 and
12-43-46-04-00-000-5041. As such, the property owners have been paying taxes to the City on the
entire parcel inclusive of the area that was inadvertently omitted from the legal description.
The two parcels which make up the property are owned by PD Len Delray, LLC and James Y. Carr Tr.
Titl Hldr., and the property owners have been notified of the proposed action to adopt the correcting
ordinance.
CITY ATTORNEY REVIEW:
The City Attorney's office has confirmed that all prerequisites have been met for this item prior to
scheduling it before the City Commission for consideration. This item complies with all applicable
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID-7898&MeetingID=504 5/23/2014
Coversheet Page 2 of 2
municipal and state laws.
FINANCE DEPARTMENT REVIEW:
Finance recommends approval. This action will protect City ad valorem tax revenue.
DISCUSSION:
The action requested of the City Commission is approval of Ordinance No. 15-14 on first reading
correcting the scrivener's error in the legal description of the land annexed to the City located at 2101
North Federal Highway.
TIMING OF THE REOUEST:
The adoption of the correcting ordinance is necessary to satisfy the lender and Title Company in the
prospective sale of the property.
RECOMMENDATION
Department/Acting City Manager:
Recommend that the City Commission approve on the first reading Ordinance No. 15-14, correcting the
scrivener's error within the legal description in Exhibit"A"of Ordinance No. 18-94.
Attachments:
Location Map of area excluded from legal description
Ordinance No. 15-14
Ordinance No. 18-94 and supporting Planning and Zoning Board and City Commission Reports
http://itwebappl Agendalntranet/Bluesheet.aspx?lteinlD-7898&MeetingID=504 5/23/2014
ORDINANCE NO. 15-14
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 18-94 TO
CORRECT A SCRIVENER'S ERROR IN THE LEGAL
DESCRIPTION OF THE LAND ANNEXED INTO THE CITY
LOCATED AT 2101 NORTH FEDERAL, HIGHWAY, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR SEVERABILITY; PROVIDING A
GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, on March 22, 1994, the City of Delray Beach passed and adopted Ordinance No.
18-94, which annexed a parcel of land on North Federal Highway into the corporate limits of the City;
and
WHEREAS, it has come to the City's attention that due to a scrivener's error, the legal
description for the parcel as described in Section 1 of Ordinance No. 18-94 is incomplete and does not
accurately describe the property that was intended to be annexed into the City; and
WHEREAS, the City of Delray Beach deems it necessary to amend Ordinance No. 18-94,
to correct the legal description of the property that was the subject of the annexation, and to
ratify and confirm Ordinance No. 18-94 with the corrected legal description.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 1 of Ordinance No. 18-94 be, and the same is hereby amended
to read 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 Nef+her4y 100 feet ef the Settther4y 503.4 feet ef the West 14ftif(�X
> >
THE NORTH 100 FEET OF THE SOUTH 503.4 FEET OF THE
SOUTHEAST ONE-QUARTER (SE '/4) OF THE SOUTHWEST
ONE-QUARTER (SW '/4) OF SECTION 4, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING
EAST OF U.S. HIGHWAY NO. 1, TOGETHER WITH: THE
NORTH 100 FEET OF THE SOUTH 503.4 FEET OF THE WEST
ONE-HALF (W '/2) OF THE SOUTHWEST ONE-QUARTER (SW
'/4) OF THE SOUTHEAST ONE-QUARTER (SE '/4) OF SECTION
4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-
OF-WAY LINE OF U.S. HIGHWAY NO. 1, AS SHOWN ON
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAP SECTION NO. 9301-205, ROAD NO. 5. PAGE 3 OF 10,
DATED 1-56 AND THE NORTH LINE OF SAID NORTH 100
FEET OF THE SOUTH 503.4 FEET OF THE SOUTHEAST ONE-
QUARTER (SE '/4) OF THE SOUTHWEST ONE-QUARTER (SW
'/4) OF SECTION 4, THENCE NORTH 89°24'45" EAST ON SAID
NORTH LINE AND THE NORTH LINE OF SAID NORTH 100
FEET OF THE SOUTH 503.4 FEET OF THE WEST ONE-HALF
(W '/z) OF THE SOUTHWEST ONE-QUARTER (SW '/4) OF THE
SOUTHEAST ONE-QUARTER (SE '/4'J OF SECTION 4, A
DISTANCE OF 686.11 FEET TO A POINT ON THE EAST LINE
OF SAID WEST ONE-HALF (W '/2) OF THE SOUTHWEST ONE-
QUARTER (SW '/4) OF THE SOUTHEAST ONE-QUARTER (SE
L) OF SECTION 4, THENCE SOUTH 01°53'16" EAST ON SAID
EAST LINE, A DISTANCE OF 100.03 FEET TO A POINT ON
THE SOUTH LINE OF SAID NORTH 100 FEET OF THE SOUTH
503.4 FEET OF THE WEST ONE-HALF (W '/2) OF THE
SOUTHWEST ONE-QUARTER (SW '/4) OF THE SOUTHEAST
ONE-QUARTER (SE '/4) OF SECTION 4, THENCE SOUTH
89 024'45" WEST ON SAID SOUTH LINE AND THE SOUTH
LINE OF SAID NORTH 100 FEET OF THE SOUTH 503.4 FEET
OF THE SOUTH 503.4 FEET OF THE SOUTHEAST ONE-
QUARTER (SE '/4) OF THE SOUTHWEST ONE-QUARTER (SW
ORD. No. 15-14
2
� 4) OF SECTION 4, A DISTANCE OF 711.46 FEET TO A POINT
ON SAID EAST RIGHT-OF-WAY LINE AND A POINT ON THE
ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE
RADIUS POINT BEARS SOUTH 78 006'35" EAST, THENCE
NORTHERLY ON THE ARC OF SAID CURVE HAVING A
RADIUS OF 5679.65 FEET AND A CENTRAL ANGLE OF
01 002'07", A DISTANCE OF 102.63 FEET TO THE POINT OF
BEGINNING.
SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA AND CONTAINING 69,894
SQUARE FEET (1.605 ACRES). MORE OR LESS.
Section 3. That this Ordinance shall be incorporated into Ordinance No. 18-94.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach, Florida,
in regular session on second and final reading this the_day of 12014.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ORD. No. 15-14
3
:.:..
EITY Q VELRAY REAM
OEERA R 1 9 - ITY CLERIC
( h ir: C .•r r G7� .t
1 I `1I�La1�rill 11 X11 I f 9 r l
n
1993
t.r, 0
tir
C E R `F I F I C T I_0 �.
ON MacGREGOR HARTY; City Clerk of the City of
Delray Beach, orida, do hereby certify that the attached
document- is Z--ltrue and correct copy of Ordinance No.. 18-94 ,
annexing to the Cam° of Delray Beach a parcel of land located at
2101 North Fede f .ghway, as the same was passed and adopted by
the City CoMmis i -of the City of Delray Beach in regular
F"h
session on second'I '�Einal reading on March 22, 1994.
-n
IN WITNESSEOF, I have hereunto set my hand and the
official seal of the"~Ci t of Delray Reach, Florida, on this the
7th day of March, 1995 ,,
;rte Alison MacGregor Varty T^
City Clerk
,. C,City of. Delray Beach, Florida
S E 'A E,
THE EFFC}R`T A!VdAYS MATTERS
Pnnledon Rvcyde'l Paper
ORB 8E-53 r 85Es
ORDINANCE NO,. 18--94
J I ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
RAY BEACH, FLORIDA, ANNEXING TO THE CI'T'Y OF DELRAY
H, A PARCEL OF LAND LOCATED AT 2101 NORTH FEDERAL
AY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
H LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
Ai
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
I SAID LAND; PROVIDING FOR THE RIGHTS AND
0 LIONS OF SAID LAND; AFFIXING AN OFFICIAL ,LAND USE
DE gG,NATION TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE IT Q.F DELRAY BEACH COMPREHENSIVE PLAN FOR SAID
LAND; LUTING TO PROCEED UNDER THE SINGLE HEARING
ADOPT' ROCESS FOR SMALL SCALE LAND USE PLAN
AMEND M ; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL LCQMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER E, A SAVING CLAUSE, AND AN EFFECTIVE
DATE. y
WHEREAS, Ca �7 , and Elaine M. Carr, together with J.Y. and
Marilynn B. Carr, are e'-� e-simple owners of a parcel of land located
at 2101 North Federalighway, as the same is more particularly
described herein; and
WHEREAS, the Cir✓of Delray Beach, Florida, has initiated
annexation proceedings, pursupt.. to Florida. Statute 171.046 (2) (a) , to
include the subject property / within the corporate limits of the city,
.and has heretofore been auth�i' to annex lands in accordance with
Sections 171.044 and 171.046(2)t�4r19of the Florida Statutes; and
WHEREAS, 'the subject!�Serty hereinafter described is
contiguous to the corporate limit �titYae. City of Delray Beach, Florida;
and
WHEREAS, the subject p`I''•pe hereinafter described is
presently under the jurisdiction of beach County, Florida, having a
County Future - Land Use Map desig Vie of CH-5 (Commercial High
Intensity with a residential equivalent . units/acre) ; and
WHEREAS, the advisory Future gd�pe Map (FLUM) designation
for the subject property in the City of ray Beach, Florida, is GC
(General Commercial) ; and
WHEREAS, the City's Future Land '"map designation of GC
(General Commercial) is consistent with the t FLUM designation of
CH-5 (Commercial High Intensity with a res1,40f al equivalent of 5
units/acre) for the property hereinafter descr,�i.e;JR�d';,)and
t
HE 86 3 L5V
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
REAS, the designation of a zoning classification is part of
this p �g, and provisions of Land Development Regulations Chapter
Two havb boeP?followed in establishing the proposed zoning designation.
\",, .�3W €THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY .OF DE R;,-BEACH, FLORIDA, AS FOLLOWS:
Lei-! €A
Sep& 6n- I. That the City Commission of the City of Delray
Beach, Palm Beach Vounty, Florida, hereby annexes to said City- the
following descr,e 6A land located in Palm Beach County, Florida, which
lies contiguou said City to-wit:
The Northeply 100 feet of the Southerly 503.4 feet of
the Wes -P, (W 112) of the Southwest Quarter (SW 1/4)
of the east Quarter (SE 1/4) of Section 4,
�
Township � th, Range 43 East, Palm. Beach County,
Florida. _
;
The subject property being located on the east side of
North Federal Hi ay, at 2101 North Federal . Highway.;
and containing f .6Q 9 acre parcel of land, more or
less.
Section 2. That t e_�pundaries of the City of Delray Beach,
Florida, are hereby redefin ,&,,-#q include therein the above-described
tract of land and said landf(% *) hereby declared to be within the
corporate limits of the City ot4 ray Beach, Florida.
Section 3. That the - n# hereinabove described shall
immediately become- subject to �' of the franchises, privileges,
immunities, debts, obligations, a 1;lsties, ordinances and laws to
which lands in the City of Delray air are now or may be subjected,
including the Stormwater Managemen 'i6sessment levied by the City .
pursuant to its ordinances 'and as re 9� by Florida Statutes Chapter
-197, and persons residing thereon chalk deemed citizens of the City
of Delray Beach, Florida. .
Section 4. That -this annexation of the subject property,
including adjacent roads, alleys, or the ' if any, shall not be
. deemed acceptance by 'the City of any mainte mn .i. responsibility for such
roads, alleys, or the like, unless otherwi e ,cifically initiated by
the City pursuant -to current requirements and�,ccn.,Aitions.
Section 5. That the Future Land Urpe<-" '4 designation of the
subject property is hereby officially a-HLi T\ as GC (General
Commercial) .
2 - Ord. No. 18--94
ORB $Ea 3 c, c�860
Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section .163.31.87(1) (c) 4.
ction 7, That Chapter Two of the Land Development
Regulsti has been followed in the establishment of a zoning
classi*cat in this ordinance and the tract of land hereinabove
described hereby declared to be in Zoning District . GC (General
Comrnerci 4
tt. defined by existing ordinances of the City of Delray
Beach,
S�"rrt>ion. 8_. That all ordinances or parts of ordinances in
conflict herraithb , and the same are hereby repealed.
Sec t`c3f� That should any section or provision of this
ordinance or Fn='V thereof, any paragraph, sentence or word be
declared by a urt of competent jurisdiction to be invalid, such
decision shall no , ect the validity of the remainder hereof as a
whole or part therlaf, then than the part declared to be invalid.
Section 1 hat this ordinance shall become effective as
follows: As to the a eX#pion and zoning, the earlier of: (a) the last
day on which the Florio-§5 pate and House of Representatives both . pass
Senate .Bill 484, or Seridte ill 16 or other equivalent Senate or House
Bill which precludes mun° lities from annexing properties pursuant to
Florida Statutes Section :046 (1993) , or (b) March 1, 1995; as to the
small -scale land use plan a dm t, the date a final order is issued by
the -Department of Community emirs or Administration Commission finding
the amendment in compliance * dgcordance with Section 163.3184, Florida
Statutes, whichever occurs ea No development orders, development
peits, or land uses depen Vqn this amendment may be issued or
rm
commence before it has bec -, ffective. If a final order of
noncompliance is issued by the 4's4ation Commission, this amendment
may nevertheless be made effecti h F, option of a resolution affirming
its effective status, a copy of r-61r.re-solution shall be sent to the
Department of Community . Affairs, 3u�e,A=u of Local Planning, 2740
Centerview Drive, Tallahassee, Flom-M99-2100-
PASSED AND ADOPTED in reggl; *a ession on second and final
reading on this the 22nd day of March,`
.may
! } MAY
ATTEST,. = ,
City C rk
S`7i� �Z:f
First Reading March 8, 1994 }{,
Second Reading March 22, 1994
3 - Ord. No. 18 794
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NORTH FEDERAL HIGHWAY ANNEXATION BRIEF
Property Control Numbers:
Parcep, B (East 134.44 ft. of Lot 5, 00-43-46-04-08-000-0050
Del_ ray' Beach Estates)
P sl (Lot 5 less the east 134.44 ft) 00-43-46-04-08-000-OQ51
Delray Beach Estates)
Parcr 20.25 ft.. of W 186ft. of Lot 0'0-43-46-04-08-000--;0142
4 and all of lot 15 of Delray
�` ' each Estates)
(LgtsOl6&17 Delray Bch.Estates) 00-43-46-04-08-000-0160
Parcel F ( - o Delray Bch. Estates) 00-43--46-04-08-000-0300
Vtli
Parcel J (Lot 37':less W 225 ft. Delray 00-43-46-04--08-000-0370
Bea •'�tates) -
(Lot 3�'; shay Bch. Estates) 00-43-46-04-08-000-0380
Parcel L (N 100 ft;4 f\�S503a4 ft. of W 00-43 -00-000-5040
1/2 of 1/4 of SE 1/4 less
E 343 ft.&,-i00 ft of 5.503.4
ft. of SE �� � of SW 1/4 lying
E of State ad 5) .
(E. 343• ft. of° " --100 ft.of S 00-43.46-04-00-000-5041
503.4 ft. of W of SW 1/4
of SE 1/4. ) ff ?
Acreage: T i49,,-Value
Parcel B .308 94,8 ; r :
Parcel C .307 63,01 4�,F
Parcel E 3.115 459,762 =
r.
Parcel .F .534 125,000 � a
Parcel J 1.081 . 467,287
Parcel L 1.609 305,D82 y
6.954 acres $1,514;986 ,'
ORB 86-53 r�
i
owners address; County property address:
Parcel B Compagno, J. & Lucille 2300 North Federal Hwy.
14426 Ellwodd Dr.
Delray Beach, Fla. 33445 �?
Parcel C Altmix, Don R. 2300 ,01d Dixie Hwy.
2300 N. Old Dixie Highway
Delray Beach, Fla. 33445
Parcel- '° Schwerin, Thomas 2612 North Federal Hwy.
=43' 2612 N.Federal Highway
fir, lray Beach, Fla. 33483
Parcel '-Pi (,, tapane, Richard & Dorothy 2613 North Federal Hwy.
�_) 2433 Timber Creek Circle
Bo;W)Raton, Fla. 33431
Parcel J ,el, Mary F. 2399 North Federal Hwy.
t0itake Eden Way _
Del.raT.,Beach, Fla. 33483
Parcel L Cart ., sey T. Elaine M. " 2101 North Federal Hwy.- "
2740, :=\11th Court
Boynto_Rll h Fla. 33426
� c
Carr J.Y% &3Marilyn B. 2101 North Federal Hwy.
3654 Federa,1j ighway
P.O. Box S,� *'i
Boynton Bea ,' Fula. 33425
Parcel County City Current Use
Land use Lan44_6)a boning
tip,�*ti
Parcel B CH-5 GC V"' ; GC Auto Sales
Parcel C CH-5 cc ;;GC Single Family
Parcel E C--5 GC r° ' GC Auto sales/Residential'� `` ` Retail/Residential
Parcel F C-5 GC sir,��;.
Parcel J C-5 GC � �' ' Retail/Residential/vac
Parcel L CH-5 GC -G Retail store/warehouse
Residential units: Anticipated
population:
Parcel C - one unit rte, 2.19 a
- Parcel B - 1 mobile home, 3 campers, �,.__ w' 17.52
& 4 houses
Parcel F- _ one unit :rte'i 2.19
Parcel J - one unit '"':f'w 2.19
24:65] 777%* =18.71-
19 persons
* .City vacancy rate
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C I T Y C O M M I S S I O N D O C U M E N T A T I O N
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, PRINCIPAL PLANNER
FROM: PAUL DORLING, SENIOR PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
ANNEXATIONS, SMALL SCALE LAND USE PLAN AMENDMENTS FROM
COUNTY CH/5 (COMMERCIAL HIGH INTENSITY-RESIDENTIAL
EQUIVALENT OF 5 UNITS PER ACRE) AND Ci5
(COMMERCIAL-RESIDENTIAL EQUIVALENT OF 5 UNITS PER ACRE) TO
A CITY FUTURE LAND USE DESIGNATION OF GC (GENERAL
COMMERCIAL) AND INITIAL ZONINGS OF GC (GENERAL COMMERCIAL)
IN PART AND AC (AUTOMOBILE COMMERCIAL) IN PART FOR
ENCLAVES LOCATED ON NORTH FEDERAL HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing the north
Federal Highway Enclaves, changing the Future Land Use
designations ( County CH/5 and C/5 to City GC (General
Commercial) and applying initial zoning designations of GC
(General Commercial) in part and AC (Automotive Commercial) in
part.
The petition involves several lots and parcels which are
located on the east and west sides of North Federal Highway
north of the Delray Swap Shop.
B A C K G R 0 U N D:
In 1993, the Florida State Legislature recognized that enclaves can
create significant problems in planning, growth management, and
service delivery, and declared that it is the policy of the State to
eliminate enclaves . To this end, the passage of ELMS III
legislation in 1993 allowed municipalities to annex enclaves under
10 acres in size through interlocal agreements with the County
having jurisdiction of the enclave (Florida Statue 171.046) . At its
meeting of January 22, 1994, the City Commission considered . and
approved the interlocal agreement for annexation of the enclaves .
The Board of County Commissioners will consider the interlocal
agreement at its March 15, 1994 meeting. Although the properties
would become annexed via the interlocal agreement the formal
annexation of the properties by individual ordinance is also being
undertaken.
City Commission cumentation
Annexations and Litial Zoning of the North ederal Enclaves
Page 2
The City Commission initiated the Small Scale Comprehensive Plan
Amendments and initial zonings for the North Federal Highway enclave
area at its meeting of February 8th, 1994 .
P R O J E C T D E S C R I P T I o N:
The subject properties include Lots 1, 5, 5 . 1, 13, 14 .2, 16, 30, 31,
32, 37 . 1, 37, 38, 40, and parcels 504 and 504 . 1 as indicated on the
Palm Beach County Property Appraisers map. The 15 different lots
and parcels comprise 10 different businesses, 3 residences with
homestead exemptions, 7 other residences, 2 vacant properties, and 6
boarded up structures .
The County' s Land Use Designation for Lots 1, 5, 5 . 1, 40 and parcel
504, & 504 . 1 is CH/5 (Commercial High Intensity - Residential
equivalent of 5 units per acre) . The County' s land use designation
for the balance of the lots is C/5 (Commercial - Residential
equivalent of 5 units per acre) . The existing County zoning
designation for all properties is CG (Commercial General) .
The proposed Small Scale Land Use amendments will be from the
current County designations of CH\5 and C\5 to the City land Use
designations of GC. The proposed initial City zoning designation is
(GC) General Commercial for all lots and parcels except Lots 14 .2
and 16 . The proposed initial zoning designation for Lots 14 .2 and
16 is AC (Automobile Commercial) . See attached maps for specific
identification of the parcels.
The City' s current advisory Future Land Use Map (FLUM) designation
for all properties is "General Commercial" . This designation is
consistent with C/5 (Commercial) and CH/5 (Commercial High
Intensity) . The City' s FLUM designations as initially contained on
the City' s Future Land Use Map adopted in November, 1989 (and as
formally subsequently amended) are deemed to be advisory only until
official Land Use Amendments replacing the County Land Use
designations with City Land Use designations are processed.
The Land Use Plan amendments are being processed as Small Scale
Developments pursuant to Florida Statutes 163. 3187 ( 1) (c) ( 1) . This
Statute allows Future Land Use Map amendments that are directly
related to proposed small scale development activities, to 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 either 10 acres of
nonresidential land, or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
owner' s property within 200 ' of property granted a change
within a period of 12 months .
City Commission )cumentation
Annexations and titial Zoning of the North aderal Enclaves
Page 3
The individual enclaves do not exceed the maximum 10 acre limit.
The parcels range in size from . 307 to 3. 115 acres with a combined
total acreage of 12 . 155 acres . These parcels combined with other
small scale amendments processed this year will not exceed 60 acres .
The property has not previously been considered for a land use
amendment, nor has the same property owners been granted a land use
change within 200 feet or within the last year. Thus, these
properties meet the conditions for processing a small scale
amendment.
Individual annexation agreements which specify allowable uses and
required improvements for each of the affected properties have been
negotiated with property owners. These agreements will be adopted
along with the annexation ordinances .
For a full analysis please of the annexation, rezoning, and land use
changes, see the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the - annexations,
Small Scale Land Use amendments and initial zoning requests at the
regular meeting of February 28, 1994 . Three of the affected
property owners spoke during the public hearing on the item. The
owner of Lots 37 and 38, asked for clarification of required
landscaping and other improvements . Ms . Catapane, owner of Lot 30,
is opposed to the annexation because of the increased costs . She
feels the action should be postponed pending the outcome of State
Legislation to change the enclave provisions . Thomas Schwerin,
(Lots 14 .2 & 16) stated that he has had unsatisfactory experience
with City services in the past. After taking public comments the
Planning and Zoning Board recommended approval on a 6-1 vote
(Carolyn Young dissenting) .
R E C O M M E N D E D A C T 1 0 N:
By motion, approve the annexation ,Small Scale Land Use Plan
amendments ( from County CH/5 and C/5 to City GC) , and initial
zonings (GC and AC in part) on first reading for each of the North
Federal Highway enclaves .
Attachment:
* P&Z Staff Report & Documentation of 2/28/94
* Maps
* Ordinances by others
t:ccdocfed.doc
1 C �NIN BOARD
G[TY OF DELRAY BL®-%CH .._a rAFF REPORT -�
MEETING DATE: FEBRUARY 28, 1994
AGENDA ITEM: IV.B.
ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENTS, AND ZONTNG FOR
ENCLAVES ALONG NORTH FEDERAL HTGHWAY
GENERAL DATA:
eOULEVARD
Owners. . . . . . . . . . . . . . . . . . .14 individual property
owners. �-
Applicant. . . . . . . . . . . . . . . .David Harden, ci
City Manager Z
City of Delray Beach
Location. . . . . . . . . . . . . . . . .South of Gulfstream
Boulevard, on the east j
and west sides of Federal
Highway.
Property Size. . . . . . . . . . . .12.16 Acres TAN
City Land Use Plan. . . . . . .General Commercial
County Land Use Plan. . . . .CH-5 (Commercial High
Intensity with a
residential equivalent
of 5 units/acre) and
C-5 (Commercial with a
residential equivalent
of 5 units/acre)
Current County Zoning. . . .CG (Commercial General)
Proposed City Zoning. . . . .GC - 13 parcels and
AC (Automotive Commercial)
- 2 parcels
Adjacent Zoning. . .North: C-3 (General Commercial
- Boynton Beach) and GC
(Delray Beach)
East: RS (Single Family
Residential - Town of
Gulfstream) , GC, and AC
South: GC and AC
West: MIC (Mixed Industrial. cumoff Lramm
and Commercial) ,
CF (Community Facilities),
and RM (Multiple Family
Residential - Medium Density)
Q
Existing Land Use. . . . . . . .Various commercial and
residential uses, and
vacant land.
Water Service. . . . . . . . . . . .Existing 12" water main
along the east side of IRWAL
Federal Highway. 111 111111111
Sewer Service. . . . . . . . . . . .Existing 8" sewer main N AVL
along east side of
Federal Highway.
IV.B.
I T E M B E F O R E T H E B 0 A R D:
The item before the Board is that of making a recommendation on
City initiated annexations [pursuant to Florida Statute 171 . 046
(2) (a) ] , Small Scale Land Use Plan amendments from County C\5
(Commercial\residential equivalent 5 units per acre) and CH\5
(Commercial High Intensity \residential equivalent 5 units per
acre) to City GC (General Commercial) and initial zonings of GC
(General Commercial) and AC (Automobile Commercial) .
LDR Sections 2 .4 .5 (A) , (C) and (D) provide rules and procedures
for the processing of this petition.
The subject properties are located on the east and west sides of
North Federal Highway north of N.E. 21st Street (extended) and
hereafter referred to as the North Federal Highway corridor.
BACKGROUND:
The North Federal Highway corridor contains a group of County
enclaves which are surrounded by three municipalities, Boynton
Beach on the north, Gulfstream on the east, and Delray Beach on
the south and west. The area has been a subject of concern to
the City for many years . Problems with abandoned buildings,
undesirable uses, drug sales and prostitution have plagued the
area.
The City attempted to annex three areas by referendum in 1985 .
Two of those annexations were defeated, one of those being the
North Federal Highway area ( from S .W. 8th Avenue north to
approximately Gulfstream Boulevard) . The City and a group of
concerned citizens (both residents and nonresidents)
subsequently proposed adoption of the Delray Beach Enclave Act
by the Florida State Legislature. During adoption of the act
in 1986 , a few areas were specifically excluded. The North
Federal Highway corridor, from Delray Drive-in north, in which
these annexations are proposed is one of those areas; the other
is the Hardrives property on South Congress Avenue. The
unincorporated area south of the Drive-in was subject to the
Enclave Act and was annexed into the City in December 1988 .
In early 1989 the City desired to annex the remaining properties
in the North Federal Highway corridor to square off the City
boundary, eliminate unincorporated properties, and affect
positive socioeconomic change in the area through increased code
and law enforcement activities. An annexation strategy was
devised to facilitate voluntary annexation of the 31
unincorporated lots within the North Federal Highway corridor.
On February 28, 1989 the City Commission provided direction to
the administration to proceed with the voluntary annexations .
P&Z Staff Report
North Federal Hiynway Annexations
Page 2
In March, 1989 the unincorporated property owners were asked to
join in on a voluntary annexation of their properties which
included a waiver of annexation fees . Sixteen lots were
included in the ensuing annexation (7 lots via water service
agreement, 8 lots via voluntary annexations , and 1 city owned
lot - bookstore) . The Planning and Zoning Board considered and
recommended approval of the annexations on July 17, 1989 . The
City Commission approved the annexations on first reading on
July 25, 1989 and on second reading on August 22 , 1989 via
Ordinance 43-89 and 49-89 (Bookstore) .
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
State to eliminate enclaves . To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex enclaves
under 10 acres in size through interlocal agreements with the
county having jurisdiction of the enclave (Florida Statue
171 . 046) .
An interlocal agreement for the North Federal enclaves was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with the
owner of the Delray Swap Shop property. These discussions have
been pursued and annexation of the Delray Swap Shop is being
handled by separate annexation agreement. At its meeting of
January 11, 1994, the City Commission considered and approved
the interlocal agreement for the enclaves . The Board of County
Commissioners will consider the interlocal agreement at its
March 15, 1994 meeting.
Although the properties would become annexed via the interlocal
agreement the formal annexation of the properties is being
undertaken. The City Commission initiated associated Small
Scale Comprehensive Plan Amendments and initial zonings at the
meeting of February 8, 1994 . The annexations, small scale
amendments and initial zonings for the enclaves on North Federal
Highway are now before the Board.
P R O J E C
T D 8 S C R I P T I 0 N:
The subject properties includes lots 1, 5, 5. 1, 13, 14 .2, 16,
30, 31, 32, 37 . 1, 37 , 38, 40 and parcels 504 & 504 . 1 as
indicated on the Palm Beach County property appraisers maps .
The 15 different lots and parcels comprise 10 different
businesses, 3 residences with homestead exemptions, 4 other
residences, 2 vacant properties and 6 boarded up structures .
See the attached map for the specific identification of the
parcels . See the attached maps for the specific identification
of the parcels .
The proposed Future Land Use designations for all 15 lots and
parcels is General Commercial . The proposed initial zoning
designation is GC (General Commercial) for all lots and parcels
except Lots 14 . 2 and Lot 16 . The proposed initial zoning
designation for Lots 14 . 2 and 16 is AC (Auto Commercial) .
P&Z Staff Report
North Federal Highway Annexations
Page 3
The area being annexed will include the adjacent 1/2 of Federal
Highway right-of way and the adjacent full right-of-way of the
adjacent Dixie Highway.
A N N E X A T I O N A N A L Y S I S:
Florida Statutes Governing Annexations :
Pursuant to Florida Statute 171. 046 "Annexation of Enclaves"
( 1) The Legislature recognizes that enclaves can create
significant problems in planning, growth management, and
service delivery, and therefore declares that it is the
policy of the state to eliminate enclaves .
(2 ) In order to expedite the annexation of enclaves of 10
acres or less into the most appropriate incorporated
jurisdiction, based upon existing or proposed service
provision arrangements, a municipality may:
(a) Annex an enclave by interlocal agreement with the
county having jurisdiction of the enclave; or
(b) Annex an enclave with fewer than 25 registered voters
by municipal ordinance when the annexation is approved
by a referendum by at least 60 percent of the
registered voters who reside in the enclave.
The subject enclaves are in the City' s utility service area and
the City has chosen option 2 (a) to annex the properties . The
City Commission approved an interlocal agreement between the
City and Palm Beach County at the January 11, 1994 meeting. The
Board of County Commission will hear the interlocal agreement
request at it' s March 15, 1994 meeting. Although pursuant to
Florida Statute 171 . 046 the properties under the interlocal
agreement would appear to be annexed upon approval of the
interlocal government, the formal annexation of the lots and
parcels is being undertaken.
Pursuant to F.S. 171 .043 a municipal governing body may propose
to annex an area only if it meets the general standards of F.S.
171 . 043 ( 1)&(2) ;
( 1) The total area to be annexed must be contiguous to
the municipality's boundaries at the time the
annexation proceeding is begun and reasonably compact,
and no part of the area shall be included within the
boundary of another municipality.
(2) Part or all of the area is to be developed for urban
purposes . An area developed for urban purposes is
defined as any area which meets the following
standards;
It is so developed that at least 60 percent of
the total number of lots and tracts in the area
P&Z Staff Report
North Federal Hignway Annexations
Page 4
at the time of annexation are used for urban
purposes, and it is subdivided into lots and
tracts so that at least 60 percent of the total
acreage, not counting the acreage used at the
time of annexation for nonresidential urban purposes
consists of lots of 5 acres or less in size.
The total area is contiguous to the City boundaries, reasonable
compact, and is not in the boundaries of another municipality
and meets the definition of developed for urban purposes .
Land Development Regulations governing annexations :
Pursuant to Land Development Regulation Section 2 .4 .5 (C) ( 1)
"the City can initiate an annexation of private property
pursuant to Florida Statutes" .
C O M P R E H E N S I V E P L A N A N A L Y S I S :
Consistency between the City and County Land Use Ma
Designations :
The City' s current Future Land Use Map designation for all
properties is "General Commercial" . The County' s Land Use
Designation for Lots 1, 5, 40 and parcel 504, & 504 . 1 is
CH/5 (Commercial High Intensity - Residential equivalent of
5 units per acre) . The County' s land use designation for
the balance of the lots is C/5 Commercial -- Residential
equivalent of 5 units per acre.
The City's "General Commercial" Land Use Designation is
consistent with C/5 (Commercial) and CH/5 Commercial High
Intensity } . The City's FLUM designations as initially
contained on the City' s Future Land Use Map adopted in
November, 1989 (and as formally subsequently amended) are
deemed to be advisory only until an official Land Use
Amendment is processed.
Adjacent Land Use Map designations and Land uses:
The surrounding Land Use Map designations to the west are
Commerce, Community Facilities, and Medium Density
Residential (City) and to the east is Low Density
Residential (Town of Gulfstream) . The land use
designations to the south are General Commercial and
General Commercial with a Large Scale Mixed Use overlay
(City) and Commercial to the north (Palm Beach County) .
P&Z Staff Report
North Federal Highway Annexations
Page 5
The existing Land Uses are "Residential" (Place Au Soleil)
to the east, commercial uses (Delray Swap Shop and Kentucky
Fried Chicken restaurant) to the south, commercial uses
(Mahady office building and a vacant garage operation) to
the north, and industrial, community facility and
residential (warehouse, Atlantic High School and
multiple-family residential) uses to the west.
Consistency with the City' s Comprehensive Plan:
Designated Annexation Area: The territory to be annexed is
located within "designated annexation area No. 1" on the east
and west sides of North Federal Highway north of N.E . 21st
Street (extended) . Annexation of the territory is consistent
with Policy B-3 .4 of the Future Land Use Element, which calls
for annexation of eligible properties .
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 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 more manpower
to respond in this area; 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 south, east,
and west of the enclaves .
Fire and Emergency Services : The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No. 1 (West Atlantic Avenue) .
With annexation, the property will receive an improvement in
response time from the current 8 1/2 minutes of the County Fire
Department ( Indiansprings Station / Military Trail &' Gulf Road)
to approximately 4 minutes for the City' s Fire Department (Fire
Station No #1 West Atlantic Avenue) .
P&Z Staff Report
North Federal Highway Annexations
Page 6
Water: A 12" water main exists along the east side of Federal
Highway and extends north to Gulfstream Boulevard. As part of
scheduled Enclave Phase 2 improvements, which are scheduled to
commence construction on March 1, 1994, an 8" water main is to
be extended west along Gulfstream Boulevard past Dixie Highway.
At Dixie Highway an 8" main will be installed south along the
east side of Dixie Highway connecting with an existing 8" main
located at the Kentucky Fried Chicken Restaurant.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants which where installed with the
water main. While the maximum 300 ' commercial spacing is
not met in certain areas, the required spacing will be achieved
as a condition of new development and redevelopment. A maximum
fire hydrant spacing of 300 ' will be provided along Dixie
Highway as a part of water main improvements associated with the
Enclave Phase IZ improvements.
Sewer: A 10" gravity sewer main runs along the east side of
Federal Highway from Gulfstream Boulevard south to the Swap
Shop. At that point the main extends under Federal Highway and
into Lift station 10A located north of the Kentucky Fried
Chicken Restaurant. The sewage is then transported via a 6"
force main north and west into a manhole at the northeast corner
of the Seacrest Park subdivision. The Enclave Phase II
construction will include installation of an 8" sewer main along
Dixie Highway from Gulfstream Blvd. south to the Kentucky Fried
Chicken Restaurant. With the installation of this improvement
sewer service will be available to all enclaves .
In reviewing the sewer mains within the North Federal Annexation
area, it is noted that a portion of the existing 8" sewer main
extends across Lots 1-4 for which no easement is in place. With
future development on these parcels easements should be
obtained.
Streets : Enclaves within the North Federal Highway Annexation
Area have direct access from two roadways, Federal Highway and
Dixie Highway. Federal Highway is under the jurisdiction of the
FDOT (Florida Department of Transportation) and Dixie Highway is
under the jurisdiction of the City of Delray Beach. The
jurisdictional responsibility and the associated maintenance
responsibility will not change for either street upon
annexation.
Parks and Open Space: The annexation of the commercial
properties will not create additional impacts on park and
recreational facilities . It is noted that the enclaves contain
a few residential uses which will have little significance on
park demands . No park deficiencies are noted for this area in
the plan.
P&Z Staff Report
North Federal Hiynway Annexations
Page 7
Financial Impacts:
Effect Upon Annexed Property:
For the 1993 tax year the Federal Highway Enclaves had a
combined assessed value of $2 ,770,721 . 00. There are three
properties (lot 5 . 1, 14 .2, & 37 . 1) which qualify for a homestead
exemption representing a reduction in taxable assessed value of
$75, 000 leaving a net taxable value of $2,695, 721 .
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire /Rescue MSTU 2 . 6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6 .8600 Added (City)
City of Delray Beach Debt 1 . 1400 Added (City)
4 . 9864 Difference*
* Total tax millage in the County is 20 .0772 mills while in
the City the total millage rate is 25 . 0656 mills .
The tax increase for the individual enclave property owners will
range from $252 . 97 (Lot 5 . 1) to $2,038 .49 a year (Lot 38) .
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $ 2,577 . 76 based upon the combined impervious area
of the buildings parking areas etc. Properties within the North
Federal Highway area do not qualify for the 25% discount for
private streets or 25% discount for being within the L.W.D.D.
The yearly storm water assessment fee for the enclave properties
will range from approximately from $17 . 11 (Lot 1) to $327 . 15
(Lot 38) .
Solid Waste Authority The North Federal Highway area is
currently serviced by South Florida Sanitation, which is under a
five year contract that runs from October 1, 1993 through
September 30, 1998 . The City' s contract is currently through
Waste Management, Inc . Pursuant to Florida Statute 171. 062
(4) (a) "if a party has an exclusive franchise which is in effect
for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services
to the annexed area for five years or the remainder of the
franchise term whichever is shorter" . The annexation will be
consummated prior to the minimum six month period so the waste
service provider will change with the annexation.
P&Z Staff Report
North Federal Hignway Annexations
Page 8
The flat rates for commercial properties will remain the same at
. 064 per sq. ft. of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary depending on dumpster size and frequency of pick up.
Residential rates will increase from the current $129 . 00 to
$161 . 64 (a difference of $34 . 64 a year) .
Water/Sewer Rate Reductions - Two properties (Lot 40 & Lot 30)
have municipal water and sewer. These properties are charged
out--of-city water and sewer rates which contain a 25% surcharge.
Upon annexation, both the properties receive an average
reduction of $7 . 55 a month or $ 90. 60 annually in their combined
utility bills (based on their unit average of 2,000 gallons per
month) .
Occupational License Fees - Upon annexation the businesses will
require City of Delray Beach Occupational licenses . These
licenses will be in addition to the current County licenses .
The City licence fees will range from $80 . 00 for antique and
retail stores, $100 .00 for business offices, $150 . 00 for auto
sales, to $150 . 00 (clothing only) and $375 .00 (furniture) for
second hand sales .
Resulting Impacts to Property Owners:
TABLE A
IMPACT ON PROPERTIES IN FEDERAL HIGHWAY CORRIDOR
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
( 1993/94 county rate 20 . 0772 mills/ City 93/94 rate
of 25 . 0656 mills . Difference of 4 . 9884 mills .
Property Ass .value County City Difference
Lot 1 $93,632 $1,879 . 86 $2 ,346 . 94 $ 467 .08
Lot 5 $75,050 $1,506 . 79 $1,881 . 17 $ 374 . 38
Lot 5 . 1 $75,710* $1,018. 11 $1,271 . 08 $ 252 .97
Lot 13 $161,344 $3,239 . 34 $4,044 . 18 $ 804 .84
Lot 14 .2 $200,000* $3,513 .51 $4,386 .48 $ 872 . 97
Lot 16 $352,500 $7,077 .21 $8,835 . 62 $1758 .41
Lot 30 $145,929 $2,929 .84 $3,657 .80 $ 727 . 96
Lot 31 $137,410 $2,758 .81 $3,444 .26 $ 685 .45
Lot 32 $194,466 $3,904 .33 $4,874 .40 $ 970.07
Lot 37 $118,350 $2,376 . 14 $2,966 .51 $ 590 .37
Lot 37 . 1 $174,273*" $2,996 .98 $3,741 .62 $ 744 .64
*homestead exemption
P&Z Staff Report
North Federal Hiynway Annexations
Page 9 a
TABLE A
IMPACT ON PROPERTIES IN FEDERAL HIGHWAY CORRIDOR S CONT)
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
{ 1993/94 county rate 20 . 0772 mills/ City 93/94 rate
of 25 .0656 mills . Difference of 4 . 9884 mills .
Property Ass .value County City Difference
Lot 38 $408,647 $8,204 .49 $10,242 . 98 $2038 .49
Lot 40 $327 ,558 $6,576 .45 $8,210 . 44 $1633 . 99
Parcel 504 $173,955 $3,492 .53 $4, 360. 29 $ 867 . 76
Parcel 5041 $131, 897 $2,648 . 12 $3,306 . 08 $ 657 . 96
NON AD VALOREM
Yearly Yearly
Property Stormwater Assessment Sewer & Water saving
Lot 1 (0%) $17 . 11 NA
Lot 5 ( 100%) $144 .99 NA
Lot 5 . 1 (50%) $72 .22 NA
Lot 13 ( 70%) $295. 07 NA
Lot 14 .2 (65%) $319 .24 NA
Lot 16 (5%) $48. 72 NA
Lot 30 (70%) $175. 86 $90 . 60
Lot 31 (70%) $201 .87 NA
Lot 32 (70%) $227 .56 NA
Lot 37 ( 0%) $18. 14 NA
Lot 37 . 1 (35%) $85 .79 NA
Lot 38 ( 60%) $327 . 15 NA
Lot 40 (35%) $216 . 36 $90 . 60
Parcel 504 (50%) $150 .66 NA
Parcel 5041 (75%) $277 .02 NA
{ } approximate percent impervious
P&Z Staff Report
North Federal Hiynway Annexations
Page 10
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from
8 1/2 minutes (County) to
4 minutes (City) .
EMS + Faster response time from
8 1/2 minutes (County) to
4 minutes (City) .
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active verses reactive
opportunity to work with
property
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6 . 86 mills and debt rate of 1. 14 mills, the properties
will generate approximately $21,565. 77 in ad valorem taxes per
year. These properties are within the Community Redevelopment
Area and as such the City will receive taxes on the value of the
property in the base year 1985 in which the CRA was established.
Ninety five percent of all subsequent increases in property
vaules would be paid to the CRA as Tax Increment Financing.
While the 1985 property values are not yet available they are
anticipated to be fairly close to the current values .
The enclave properties contain some residential units ( Lot 5 . 1,
Lot 14 .2, Lot 30, Lot 37 . 1 Lot 40) , Lots 5. 1, 14 .2 and 37 . 1
qualify for homestead exemptions . The annexation of the area
will add approximately 6 full time residents to the City. This
population is calculated using the 2 . 17 (City average persons
per household) multiplied by the number of homestead exempted
properties) . The increase of 6 persons will result in a per
capita revenue gain of approximately $541 . 68 ( $90 .28 per
person) . The major sources of per capita reimbursements are
from cigarette tax, sales tax, and state revenue sharing funds .
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($ 2 ,577 . 76
annually) as well as occupational license fees (approximately
$1, 180 annually) , utility taxes (9 .5% electric, 7% telephone)
and franchise fees on electric, telephone and cable.
The City Utility Fund will realize a revenue loss of $181.20
with the elimination of the City water and sewer 25% surcharge
assessed on out-of-city utility users.
P&Z Staff Report
North Federal Highway Annexations
Page 11
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES $21,565 . 77
PER CAP REIMBURSEMENTS: $541 . 68
UTILITY TAXES:
Electric ( 1) : NA
Natural gas (2) : . 00
Phone (3) : +$276 . 70
FRANCHISE FEES:
Electric (4 ) : NA
Phone (5) : +$39 . 53
Natural Gas (6 ) : . 00
Cable (7 ) : •00
OCCUPATIONAL LICENCE FEE
+$1, 180 . 00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS:
Stormwater Assessment +$2,577 . 76
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water&Sewer Utilities (8} -$181.20
ANNUAL TOTAL: +$26,000 .24
NA - Data not available
( 1) Electric Utility Tax based on 9 .5% commercial
(2 ) Natural Gas Utility Taxes are based on 8 .5 % of Gas bill
( 3) Phone Utility Taxes are based on 7% of phone bills -
business accounts are a minimum of $36 .60 / residential
acc. minimum $25 . 00
P&Z Staff Report
North Federal Hiy.iway Annexations
Page 12
(4 ) Electric Franchise fees based on 6% of FPL bills
(5) Phone Franchise fee based on 1% of phone bill
( 6 ) Natural Gas Franchise fees are based on 5 % of gas bill
(7 ) Cable Franchise Fees are based on 3% of cable bill
( 8) Represents loss of 25% surcharge assessed out of City
utility users
Z 0 N I N G A N A L Y S I S:
The proposed initial City zoning of the all enclaves with the
exception of Lots 14 .2 & Lot 16 is GC (General Commercial) . The
proposed initial zoning for Lots 14 .2 and 16 is AC (Auto
Commercial) . The current County zoning designations for all of
the enclaves is CG (Commercial General) .
The surrounding zoning designations are MIC (Mixed Industrial
Commercial) , CF (Community Facilities) and RM (Residential
Medium Density) to the west, GC (General Commercial) and AC
(Auto Commercail) to the south, CG (Commercial General-County)
to the north and RS (Residential Single Family- Gulfstream) to
the east.
The City zoning designation of General Commercial and Auto
Commercial are similar to the existing County designations and
represents the prevailing use of the properties . Upon
annexation only the City zoning designation is applicable.
R E Q U I R E D F I N D I N G S: (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: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed GC and AC zoning designations are consistent with
the underlying "General Commercial" Land Use Designation.
P&Z Staff Report
North Federal Hiy,iway Annexations
Page 13
To determine if the uses are allowed in the proposed zoning
districts, on-site visits of the enclave area were undertaken
and the following existing uses were identified;
Parcel 504 - Antique shop, and weekend parking lot for
swap shop
Parcel 504 . 1 Warehouse
Lot 40 Antique shop & 1 single family residential
unit.
Lot 38 4 buildings all of which appear to be
commercial (flea market)
Lot 37 . 1 Store (Bushley religious supplies) and
attached residential unit.
Lot 37 vacant
Lot 32 2 office units (O'Brien Suiter and O'Brien) 1
storage building and a boarded-up residential
unit.
Lot 31 3 buildings boarded-up
Lot 30 2 buildings - commercial stores and a
residential unit
Lot 14 .2 1 commercial building with sale of used cars
on front half. On the west one half of lot
14 .2 residential uses consisting of 1 mobile
home, three campers, 4 houses .
Lot 16 1 commercial building, sale of used
cars and trucks (passenger) , RVs, campers,
mobile homes, on approximately the front 1/3
and storage of inventory on west 1/4
Lot 13 Vacant residential unit and vacant motel
building containing 6 units .
Lot 5 Used car sales
Lot 5 . 1 1 residential unit.
Lot 1 Vacant
Under the GC zoning designation some of the existing uses will
be nonconforming. These will include the auto sales use on lot
5 . 1, warehouse use on lot 504 . 1, and single family detached
units which are not accessory to commercial uses (i .e for
residence by either the business owner, employees or
proprietors) . Residential uses exist on lots 5. 1, 14 .2 , 30,
37 . 1, and lot 40 . However, at least two of the residential
units are considered conforming as the owner of the business on
Lot 37 . 1 (Edgar Bushley) and Parcel 504 ( Marilyn Carr) resides
on site.
Under the AC zoning designation proposed for Lots 14 .2 and Lot
16, the existing mobile home sales and the residential uses will
become non-conforming.
Upon annexation, these nonconforming uses and will be allowed to
continue pursuant to the non-conforming regulations (LDR Section
1 . 3 .5) . In summary, Section 1. 3 .5 allows a nonconforming use to
continue as long as it is not discontinued or abandoned for a
continuous period of 180 days .
P&Z Staff Report
North Federal Hiy,kway Annexations
Page 14
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of existing
development. There will be no changes in the manner that
drainage and solid waste services will be provided.
Changes in water and sewer services will result from the
proposed installation of municipal mains . Fire, Police,
and EMS will shift to a different provider; however, all
these services will be enhanced (see annexation analysis
for details) .
Compliance with Land Development Regulations :
Upon annexation the existing buildings will come under the
development regulations of the City. Compliance with the
perimeter landscape requirements adjacent all rights-of way ie
Federal Highway and Dixie Highway and the City sign code will be
required upon annexation. Any future modifications to the
sites must comply with the all regulations of the City's Land
Development Regulations.
Consistency:
Compliance with the performance standards set forth in Section
3 .3 .2 (Zoning) , along with the required findings in Section
2 .4 .5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3 . 3.2 and other policies which apply are as
follows :
A) Performance Standard 3 .3 .2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The area is not a designated residential area, thus
this standard does not apply.
B) Performance Standard 3 .3 .2(D) states : That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
P&Z Staff Report
North Federal Hiy,iway Annexations
Page 15
The initial zoning designations represent the existing
commercial land uses or the most appropriate future
development direction. The commercial zoning
designations are compatible with adjacent commercial
uses .
Pursuant to Section 2 .4 .5 (D) ( 1) , a justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The Code further
identifies certain valid reasons for approving the change
being sought.
As this zoning petition involves initial zoning
designations to be assigned to properties being
annexed, the above section does not apply.
R E V I E W B Y O T H E R S;
COMMUNITY REDEVELOPMENT AGENCY;
The proposed annexation is in the Community Redevelopment Area.
The Community Redevelopment Agency considered the request at
its meeting of February 10, 1994 and had no comments .
COUNTY NOTICE :
On February 9, 1994 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. The County will consider a
related interlocal agreement to annex the properties at the
Board of County Commissioners meeting of March 15, 1994 .
PUBLIC NOTICE:
Certified letters of the public hearing were sent to property
owners of all enclaves proposed for annexation. In addition
notice to all properties within 500 feet was given. Courtesy
notices were also sent to Deborah Dowd (Northeast Neighborhood) ,
and Robert Dittman, Stanley Milosky, Loren Shaffer of the North
Federal Highway Task Team.
A S S E S S M E N T A N D C O N C L U S I O N S:
Accommodating the annexation of these properties and affixing
initial City zoning designations of GC and AC is consistent with
the City' s program for annexation of territory within its
Planning and Service Area. In addition, the annexations will
eliminate enclaves, which is the policy of the State under the
new Elms III legislation.
The annexed areas will experience an increase in taxes and
stormwater assessment fees . However, with the increased taxes
and fees will come better Police, Fire, EMS and Code Enforcement
services .
P&Z Staff Report
North Federal Hit
,_.way Annexations
Page 16
The City will receive revenue from additional property taxes,
stormwater assessment fees, per capita reimbursements and
associated utility taxes and franchise fees.
There will be a slight decrease in revenue of $ 181 .20 in sewer
and water utility fees, however the increase in revenues will
result in a net increase to the City of approximately $26, 000 .24
a year.
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation, small scale land use
amendment from CH\5 and C\5 to GC and initial zoning
of GC (General Commercial) , and AC (Automobile Commercial) .
C. Recommend denial of the Annexation and/or initial zonings
with the basis stated.
S T A F F R E C 0 M M E N D A T I 0 N:
Recommend approval of this annexation, small scale land use
amendment from CH/5 and C/5 to GC and initial zoning of GC
(General Commercial) and AC (Auto Commercial) for lots 14 .2 & 16
upon positive findings with respect to Section 3 . 1. 1, Section
3 . 3 .2 and policies of the Comprehensive Plan and the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
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IN NOR. -- .
ANNEXATIONS
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�1AY 23,2014
CFTy OF OELRAY$EACH,FLORIDA'-
N4TICE OF PUBLIC HEARING; _
• A PUBLIC HEARING Witt be held on the
following proposed ordinances on
TUESDAY,1UNE 3,2014 at 7AO p..rri:'or"
ht any continuation of such meeting
which is set by the co
mmissinn),:Tn
the CommissionChambers,..100 K-W_ _
1A Avenue,Delray Beach,-Florida,'at
which time the City Commission will
consider their adoption.The proposed
Otdinanres may be inspected at the
Office of the City Clerk at city H.11,
100 NW 1st Avenue,Delray Beach,
Fforlda,between 8�00.a.m:and 5,0U
p.m.:Monday through Friday;except
holidays.Interested parties are invited
to attend and be heard with respectto
the proposed ordinances.
OR.I NNANCE NO,115-14
AN 0RDINANCE OF THE CITY OF
DELRAY BEACH.FLORIDA;AMENDING
OROJNANCE.NO. 1$-94 TO CORRECT
A 'SCRIVENER'S ERROR IN THE
ANNEXE INTO TH(f pF7H LOCATED
ANNEXED INTO THE CITY LOCATED
AT 2 16 1 NORTH FEDERAL HIGHWAY,
AND"BEING MORE PARTICULARLY
DESCRIBED HEREIN;PROVIDING FOR
SEVERABILITY,PROVIDING AGENERAL
REPEALER CLAUSE,A SAVING CLAUSE,
AND AN EFFECTIVE DATE,`'-
ORDINANCE N0.16-14
AN .ORDINANCE OF THE CITY.OF
DELRAY BEACH,FLORIDA,AMENDING
ORDINANCE NO. 19-94 T0'CORRECT
A SCRIVENER'S ERROR--IN THE
LEGAL DESCRIPTION-OF-.THE._LAND
ANNEXED INTO THE CITY LOCATED
AT 2()01 NORTH FEDERAL HIGHWAY
ANO BEING MORE:PARTICULARLY
DESCRIBED HEREIN;PROVIDING FOR
SEVERABILITY PROVIDING GENERAL
REPEALER CLAUSE,A SAVING CLAUSE,
-AND AN-EFFECTIVE DATE.
Please be advised that if a person
decides to appeal any decision made
by the City Com TIsslon with respect to
any inatter considered at this hearing,
such person may need to.ensure
that a verbatim record includes the
testimony and evtdence,upon which
the appeal Is to be based,The City
does not provide nor p€epare such
record pursuant tb F.S.286 0105.
CITY OF DELRAY BEACH'
Chevelle D-Nubi.ri;MMC
City Clerk
-PUB:The Palm Beach Post
5-2312014 11125-1249