Loading...
Ord 16-14 ORDINANCE NO. 16-14 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 19-94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE LAND ANNEXED INTO THE CITY LOCATED AT 2001 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 May 17, 1994, the City of Delray Beach, passed and adopted Ordinance No. 19- 94,which annexed a piece of property (known as the"Delray Swap Shop")located at 2001 North Federal Highway from Palm Beach County 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 in Exhibit "A" of Ordinance No. 19-94 is incomplete and does not accurately describe the property located at 2001 North Federal Highway,Delray Beach,Florida;and WHEREAS,it was the intent of the City of Delray Beach and Pahn Beach County that the entire property located at 2001 North Federal Highway be annexed into the City; and WHEREAS, the City of Delray Beach deems it necessary to amend Ordinance No. 19-94, to correct the legal description of the property that was the subject of the annexation, and to ratify and confirm Ordinance No. 19-94 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 the legal description of the property located at 2001 North Federal Highway, Delray Beach, Florida attached to Ordinance No_ 19-94 as Exhibit "A" is hereby amended to include a true and correct legal description of the property, attached hereto as "Am.ended Exhibit`A' to Ordinance No. 19-94". Section 3: That this Ordinance shall be incorporated into Ordinance No. 19-94. 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 irm-nediately upon its passage on second and final reading. PASSED AND ADOPTED by the City Comuxussion of the City of Delray Beach, Florida, in regular session on second and final reading this the�day of 2011. YOR ATTEST: �\ \\ 'J - ,VV City Clerk First Reading Second Reading ORD, NO 16-14 z EX H B 1 T"A" Tn n p n AN-G� LEGAL QESCRIDT The Seuth 402-25 feet of the Easterly 4-97.2-5 feet A- Ge SAlect llne_Half (W tiQ of the CorrthiAiect One Quarter (C1A of C� � ._( n)'-r)' (SE 114)3 that_part of the South 403.40 feet of the Corrtheect_Orie_Q uaFter(S 1/�T vuthwest One QUartce-r/C1A, Yt) bei^=the iN orrtherl�r_128 h'6 feet_n all iR SeGfiGR 4, Township the SeutheFly 272.66 feet lying east of State Read 5 as On OR 2311, Page r f 46 south Range 43 Cnnt Palm Beenh or rnty [=lorida 7 r' TOGETHER WTH That PaFt A-f the �AW-StP-Fly 455.89 feet of the South 493.4 feet of the West One Half (W T Ceuthwert One Quarter (SW 14) of the Sorrthea6tOn One aster 10E= 141 and the East 44.11 feet of the Northerly 1711-24 feet of the Ceuth 40-3.4 feet f Corr One Quarter fC � South eye nt �T C�cr G'�5t One Quarter(SVV 1 r Range 43 E st� Palm Reach County Clorkfa County, r _Tnr,F=THr=p WITH That part ef the Westerly 166.40 feet ef the South 403.4 feet of the West One Half (VV I i ti �6rt iffrBSt One Qy eF /CIAO,4N I So. theast_On�e I-luarter (SE 11 4) and the Easterly 131.42 feet of the SGUthedy 144 ---Htheast One-Quarter (SE 1 east of State Road 5, all Section 4, TGwnship 46 South, Range 43 East, Palm BeaGh GGURty. Florida. i i I I I ORD. NO 16-14 3 I i AMENDED EXHIBIT"A"TO ORDINANCE 19-94 i LEGAL DESCRIPTION THE SOUTH 403.4 FEET OF THE SOUTHEAST ONE-QUARTER SE "/a OF THE SOUTHWEST ONE-QUARTER (SW %a) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA LYING EAST OF U.S. HIGHWAY NO. 1 TOGETHER WITH' THE SOUTH 403.4 FEET OF THE WEST ONE-HALF (W "/) OF THE SOUTHWEST ONE-QUARTER (SW "/a.) OF THE SOUTHEAST ONE-QUARTER (SE %a) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER SW '/a OF SECTION 4: THENCE SOUTH 89 018'10" WEST ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER (SW'/a)_O_F SECTION 4, A DISTANCE OF 131.25 FEET TO A POINT ON 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: THENCE NORTH 07°49'36" EAST, A DISTANCE OF 7.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 5679.65 FEET AND A CENTRAL ANGLE OF 04 003'49", A DISTANCE OF 402.83 FEET TO A POINT OF NON-TANGENCY (THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1); THENCE NORTH 89°24'45" EAST ON THE NORTH LINE OF SAID SOUTH 403.4 FEET OF THE SOUTHEAST ONE-QUARTER (SE %a) OF THE SOUTHWEST ONE-QUARTER (SW %) OF SECTION 4 AND THE NORTH LINE OF SAID SOUTH 403.4 FEET OF THE WEST ONE-HALF (W '/:I) OF THE SOUTHWEST ONE-QUARTER (SW "/a) OF THE SOUTHEAST ONE-QUARTER-(S %) OF SECTION 4, A DISTANCE OF 711.46 FEET TO A POINT ON THE EAST LINE OF SAID WEST ONE-HALF W % OF THE SOUTHWEST ONE-QUARTER SW '/a OF THE SOUTHEAST ONE- QUARTER SE Y OF SECTION 4� THENCE SOUTH 01°53'16" EAST ON SAID EAST LINE A DISTANCE OF 403.53 FEET TO THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER (SE %) OF SECTION 4: THENCE SOUTH 89°24'45" WEST ON SAID SOUTH LINE, A DISTANCE OF 663.51 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 304,844 SQUARE FEET (6.998 ACRES), MORE OR LESS. I I i ORD. NO 16-14 4 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.D. - REGULAR COMMISSION MEETING OF JUNE 3, 2014 ORDINANCE NO. 16-14 BACKGROUND On May 20, 2014, the City Commission approved Ordinance No. 16-14 on first reading. Legal Department Review: Ordinance No. 16-14 was published in the Palm Beach Post newspaper on Friday, May 23, 2014 in compliance with advertisement requirements. Finance Department Review: Finance recommends approval. Operating Cost: N/A 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. 19-94, pertaining to the annexation of the former Delray Swap Shop, located at 2001 North Federal Highway. Timing of Request: This item is not time-sensitive. Recommendation(s): Approve Ordinance No. 16-14 on second and final reading. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=7953&MeetingID=511 7/1/2014 Z i m �I - Q m L-Li m �P KOKOMO 77 KEY NSUBJECT AREA OMITTED FROM PROPERTY LEGAL DESCRIPTION 2001 N. FEDERAL H WY. PLANNING AND ZONING C DEPARTMENT ORDINANCE 16-14 -- DIGITAL BASE MAP SYSTEM -- MAP REF: 5:\Planning & Zoning\D8M5\Fle—Cab\Z—LM 1000-1500\LM1458_2001 N FEDERAL HWY AMENDED EXHIBIT"A"TO ORDINANCE 19-94 LEGAL DESCRIPTION THE SOUTH 403.4 FEET OF THE SOUTHEAST ONE-QUARTER (SE '/) OF THE SOUTHWEST ONE-QUARTER (SW %) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST PALM BEACH COUNTY FLORIDA LYING EAST OF U.S. HIGHWAY NO. 1 TOGETHER WITH: THE SOUTH 403.4 FEET OF THE WEST ONE-HALF (W '/) OF THE SOUTHWEST ONE-QUARTER (SW %) 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 SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER (SW %) OF SECTION. 4.; THENCE SOUTH 89°18'10" WEST ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER (SW%4) OF SECTION 4, A DISTANCE OF 131.25 FEET TO A POINT ON 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- THENCE NORTH 07 049'36" EAST, A DISTANCE OF 7.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT: THENCE NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 5679.65 FEET AND A CENTRAL ANGLE OF 04°03'49", A DISTANCE OF 402.83 FEET TO A POINT OF NON-TANGENCY (THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1); THENCE NORTH 89°24'45" EAST ON THE NORTH LINE OF SAID SOUTH 403.4 FEET OF THE SOUTHEAST ONE-QUARTER (SE %) OF THE SOUTHWEST ONE-QUARTER (SW %) OF SECTION 4 AND THE NORTH LINE OF SAID SOUTH 403.4 FEET OF THE WEST ONE-HALF (W '/,) OF THE SOUTHWEST ONE-QUARTER (SW %) OF THE SOUTHEAST ONE-QUARTER (SE . OF SECTION 4, A DISTANCE OF 711.46 FEET TO A POINT ON THE EAST LINE OF SAID WEST ONE-HALF (W /z ) OF THE SOUTHWEST ONE-QUARTER ( W..,.. ' S %) OF THE SOUTHEAST ONE- QUARTER (SE %) OF SECTION 4; THENCE SOUTH 01°53'16" EAST ON SAID EAST LINE, A DISTANCE OF 403.53 FEET TO THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER (SE %4) OF SECTION 4; THENCE SOUTH 89°24'45"WEST ON SAID SOUTH LINE A DISTANCE OF 663.51 FEET TO THE POINT OF BEGINNING. - SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 304,844 SQUARE FEET (6.998 ACRES), MORE OR LESS. ORD. NO 16-14 4 GULF STREAM BOULEVARD SEACREST BLVD, w O CONTINUING z Ate. qU ORCHID LANE Q CHURCH & a SOLF7L > CMR7STIAN SCHOOL GULF STREAM DRIVE v -m -w O ELL±H m TVN10kiVO SE CRE T ANE O o CARTE STREET 1 J gVO1CO p01NT LLJ rc - O U � N Q AQUACREST N POOL EACREST SOCCER 4 SA COMPLEX AND - TANGERINE WAY Q��y o ARY HILL TOPPER FIELD E�LS ` EMERALD ROW C Q�t' � CANARY WALK Q D� 1 z TRACK FIELD 1 N.E.22Nd LANE %E MAR ONE 1 �2�°tagf VOLK AGEN AVENUE AU SOLEIL a AUTONATION N.E. 22ND 3 w sTR. VOLVO DELRAY � 1 0 N.E. 21ST ST. I.i x U.S.A. TRACT 0 C o N.E. 20TH ST. STREET a UP�E 1 KgKOMO KEY 1 m ALLEN 1 N. E. W WAY M.S.A. TR 1 N. E. 16TH ST. 1 x° 1 THE - a EASTVIEW AVE. © ESTUARY 1 RI "I 1 . E. 15TH 1 LAKE AVENUE N. NE z 1 1 N.E. 14TH ST. (LAKE AVE.) E. 14TH ST. N O >. $ LAKE AVENUE 5. 3 X LLLi LL T7 cx3 = x u • N SUBJECT PROPERTY 2001 N. FEDERAL HWY. PLANNING AND ZONING DEPARTMENT ORDINANCE 16-14 -- DarAL 84SE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\ale-Cab\Z-LM 1000-1500\LM1456-2001 N FEDERAL HWY Coversheet Page 1 of 2 MEMORANDUM I 1 TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Robert Barcinski, Acting City Manager DATE: May 7, 2014 SUBJECT: AGENDA ITEM I1.D.-REGULAR COMMISSION MEETING OF MAY 20,2014 ORDINANCE NO.16-14 BACKGROUND The subject property is located at 2001 North Federal Highway. On May 17, 1994 the City Commission approved the City-initiated annexation of the subject property via Ordinance No. 19-94. The subject property herein referenced contained three parcels which had property control numbers of 00-43-46-04- 00-000-5050, 00-43-46-04-00-000-5060, and 00-43-46-04-00-000-5070 prior to the annexation. During the due diligence of the purchase contract for a pending residential development called Delray Preserve, the prospective buyer was made aware that due to a scrivener's error, the legal description for the parcel as described in Exhibit "A" of Ordinance No. 19-94 was incomplete and did not accurately describe the property that was intended to be annexed into the City. The parcel described in Ordinance No. 19-94 excluded a sliver of land which was technically outside of the City's jurisdiction. Upon review of the supporting documentation for Ordinance No. 19-94, it is clear from the text and maps contained in the staff report that it was the intent of the City to annex the entire property. Further, upon annexation, Pahn 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 12-43-46-04-00-000-5050, 12-43-46-04-00-000-5060, and 12-43-46-04- 00-000-5070. As such, the property owner has been paying taxes to the City on the entire parcel inclusive of the silver of land that was inadvertently omitted from the legal description. It has also been acknowledged by Palm Beach County Land Use Attorney that the annexation agreement and staff report made it clear that the intent of the annexation was to annex the entire Swap Shop property. The parcel is currently under a single ownership, PD Len Delray, LLC, and the property owner has been notified of the proposed action to adopt the correcting ordinance. http://itwebapp/Agendalntranet/Bl-aesheet.aspx?ItemID=7899&MeetingID=504 5/28/2014 Coversheet Page 2 of 2 CITY ATTORNEY'S OFFICE REVIEW: The City Attorney's Office has confirmed that all prerequisites have been met prior to placing this item on the City Commission agenda for consideration. This item complies with all applicable 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 16-14 on first reading correcting the scrivener's error in the legal description of the land annexed to the City located at 2001 North Federal Highway. TIATI G OF THE REQUEST: The Applicant has indicated that adoption of the correcting ordinance is necessary to satisfy the lender and Title Company in the prospective sale of the property. http://itwebapp/AgendalntranetBlueshect.aspx?ItemlD=7899&MectingID=504 5/28/2014 CITY OF Q :BEACH 100 MW hi AVENUE • DELRAY BEACH,FLORIDA 33444 • 4071743-7000_ ��� JUN-02-1374 7.w74m 4- -19261 1 01M 8286 F� 1751Z3 { ' ' 1 1II1111111ZI1il I1111 191 oil � rrr r C E R"P I F I C A T I O N �j S, ALISON MacGREGOR+�H1 'Y, City Cleric of the City of Delray Beach, Florida, do h 2 certify that the attached document is a true and corre clp of Ordinance No. 19-94, annexing certain property to the MDof Delray Beach, as the same was passed and adopted on s zxi and final reading by the City Commission of the City of Del? ph, Florida, in regular session on May 17, 1994. fix" IN WITNESS WHEREOF, I have grnto set my hand and the official seal of the City of Delray Florida, on this the 19th day of May, 1994. r� 1 • Alison M �G q6r arty City Clerk ,- City of Del(r;LV)j3ea6h, Florida S A L 1 THE EFFORT ALWAYS MA'T"rERS ._;Q-1 xr� � +L �. ryry {�f .t �7 VALE 8 OEr i°_ 1 5 1 f' 7, RDINANCE NO. 19-94 AN ORDINANCE etKE CITY COMMISSION OF THE CITY OF D£LRAY BEACH,_ ANNEXING TO-THE CITY OF DELRAY BEACH, A PARCEL 0 D LOCATED AT 2001 NORTH FEDERAL HIGHWAY, AND $EIN MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGQQQr TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFf� THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;V ROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAN ;-IAFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTU "1AND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEA�U _'OMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROC D`, DER THE SINGLE HEARING ADOPTION PROCESS FOR " SCALE LAND USE PLAN AMENDMENTS; PROVIDING FO ZONING THEREOF TO GC (GENERAL COMMERCIAL) DIS I PROVIDING A GENERAL$} REPEALER CLAUSE, A SAVING �•y AND AN EFFECTIVE DATE. �r N WHEREAS, Drive-In Theaters of <ir , Inc, is the fee-simple owner of a parcel of land located at 2001oYh Federal Highway, as the same is more particularly described herein;-� � WHEREAS, the City of Delray Beacriy� ida, has initiated annexation proceedings, pursuant to Florida t{��e 171.046(2) (a) , to include the subject property within the corps to limits of the City, and has heretofore been authorized to annex lan q- in accordance with Sections 171.044 and 171.046(2) (a) of the Florid S #utes; and WHEREAS, the subject property hereiir described is contiguous to the corporate limits of the City of Beach, Florida; E and WHEREAS, the subject property herein�f r, escribed is presently under the jurisdiction of Palm Beach County7,y- having a County Future Land Use Map designation of CH-F� oomercial High Intensity with a residential equivalent of 5 unitslacre) ; and WHEREAS, the advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and WHEREAS, the City's Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of CH-5 (Commercial High intensity with a residential equivalent of 5 units/acre) for the property hereinafter described; and I i 0 ORE 8-86 Fs 1!;,J-- WHEREAS, t e c`ty's FLUM designation as initially contained on the City's Future L41 se Map adopted in November, 1989, and as subsequently amended, erred to be advisory only until an official Land Use Amendment isrc `sed; and WHEREAS, the de4i�-r tion of a zoning classification is part of this proceeding, and provi ions of Land Development Regulations Chapter Two have been followed in est , shing the proposed zoning designation. NOW, THEREFORE, BE ���)?ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, A FOLLOWS: Section 1. That the "y Commission of the City of Delray Beach, Palm Beach County, Floridp'},,)hereby annexes to said City the following described land located ` 1m Beach County, Florida, which lies contiguous to said City to-wi1�:r� See Legal Description atta4 �kV Exhibit "A". The subject property is Lac Syr. } the east side of North Federal Highway, at 20 bl6rth Federal (Highway; and containing a 5.45 acre p of land, more or less. n:� Section 2. That the boundaries A-t eF-Icity of Delray Beach, Florida, are hereby redefined to include t in the above-described tract of land and said land is hereby d clared to be within the corporate limits of the City of Delray Beach, F a. Section 3. That the land herei described shall immediately become subject to all of the f na]¢ ises, privileges, immunities, debts, obligations, liabilities, or= :ts�es and laws to which lands in the City of Delray Beach are now _oo�y be subjected, including the Stormwater Management Assessment. by the City pursuant to its ordinances and as required by Florida ,Sbatutes Chapter 197, and persons residing thereon shall be deemed 6,k4 of the City of Delray Beach, Florida. i 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 GC (General Commercial) . 2 - Ord. No. 19-94 i �s ORS $SSE, :9 155 1 4, Sf Section 6. T the City of Delray Beach elects to make this small scale amendment� avinq only an adoption hearing, pursuant to Florida Statutes SectiolY�3187(1) Ic)4. Section 7. F�hapter Two of the Land Development Regulations has been fa reinaAceiand wed the establishment of a zoning classification in this o the tract of land hereinabove described is hereby declar be in Zoning District GC (General Commercial) as defined by A}c' ing ordinances of the City of Delray Beach. �s Section 8. That all �oxss�inances or parts of ordinances in conflict herewith be, and the sa i hereby repealed. Section 9. That shoul ` t ' section or provision of this ordinance or any portion thereof, fiy.,'p4ragraph, sentence or word be declared by a court of competent 4'ction to be invalid, such decision shall not affect the valid V the remainder hereof as a whole or part thereof other than the pr£rtared to be invalid. Section 10. That this ordi `shall become effective as s follows, As to the annexation and zoning O ediately upon passage on second and final reading; as to the small s land use plan amendment, the date a final order is issued by the De of Community Affairs or Administration Commission finding the a nt in compliance in accordance with Section 163.3184, Florida utes, whichever occurs earlier. No development orders, developmet� permits, or land uses dependent on this amendment may be issued oroitence before it has become effective. If a final order of noncomp ante is issued by the Administration Commission, this amendment may ";,4( Artheless be made effective by adoption of a resolution affirming i4 e'�fective status, a copy of which resolution shall be sent to the Depat w nt of Community Affairs, Bureau of Local Planning, 2740 Centerview�9f , Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session oBeanct and final reading on this the 17th day of May 1994. M A ATTEST: City C rk First Reading April 5, 1994 Second Reading May 17, 1994 - 3 Ord. No. 19-94 Ss 01 Y. �t 0 RE 8 2 86 - 1 e EXHI A" TO ORDINANCE NO. 19-94 (�'=.-UGAL DESCRIPTION The South 403.25 ',feet of the Easterly 497.35 feet of the West One-Half (W 2) of the Southwest One-Quarter (SW 1/4) of the So tl t One-Quarter (Se 1/4) and that part of the Sout � 4M 40 feet of the Southeast One-Quarter (SE 1/41 M e the Southwest One-Quarter (SW 1/4) being the Norther -- feet of the Southerly 272.66 feet lying.east J"�f ate Road 5 as in OR 2311, Page 701, all in SectiA ownship 46 South, Range 43 East, Palm Beach Count y,{ da; 2 TOGETHER WITH a That part of the Westerly feet of the South 403.4 feet of the West ,+ (W 1/2) of the Southwest One-Quarter (SW 41g -df the Southeast one--Quarter (SE 114) and the - '44.11 feet of the Northerly 171.24 feet of the 5 W,7 403.4 feet of the southeast One-Quarter (SE 1/40;'Y� the Southwest One-Quarter (SW 1/4) lying east ng;'7� t, 5, all in Section 4, Township 46 South, Rang Palm Beach County, Florida; TOGETHER WITH That part of the Westerly 166.40 feet,f the South 403.4 feet of the West One-Half (W',LI of the Southwest One (SW 114) of t` autheast One-Quarter (SE 1/4) and the Easterly �.3�4 feet of the Southerly 144 feet of the Southeast O31eP er (SE 1/4) of the Southwest one-Quarter (SW 1/4): 1,: east of State Road 5, all in Section 4, Townshi` ouch, Range 43 East,gpalm Beach County, Florida. 4 - Ord. No. 19-94 i i ■ INN .. � �IINS Ilily,r .. � ilililllllliiliiii�i 1iiiil##iliti Wilts DELRAY SWAP LSHOP ■1�1llill!!!llitl� .:!�j��sr ri�■rrrr�■�■w�■� W op.Dim s B[R�ldiO:LeObility Of Wdtins.TWU or PrinUna unaatief"Ury in this document when received. 8286 Fs I CITY OF A J a RY BEACH DELRAY SFACH �`°'f ICO N NN la AV'.'.,e ' ---4-Xr 9EACA -,:;UDA 334" • 40'249!,C_ Ij 1tlAh�fia �� PLANNIN � ZONING DEPARTMZNT NlWRANDUK s� TO: DIST IB TIq LIST FROM: PAIL DORLING, •R XC%, AM R . DATE: May 24, 1994 SUBJECT: DELRAY SWAP SHOP ANftXATI Vr1 l 4x On May 17, 1994, the City Commission apfrnr on second and final reading an ordinance annexing a 8.445E{property (3 parcels) known as the Delray Swap Shop. The atta�;] e% map shows the location of property which is now within the atunici 7oundaries, and under municipal jurisdiction. The following da attached for your information. If you have any questions plea ss3.csr� me at ext. 7043. PD\1eh Attachment T:\PD\ANNEX THE EFFORT ALWAYS MATTERS ucORM'S moo:L Obi6tp of Wrium.7yabLr or PFIA Wt uwatiefsctoty in this document when received. 0 ORB 8286 Pa 15211 DoROTw H UILIEN CLERK OF THE COURT - PB COUNTY, FL ANNEXi-:CON BRIEF FOR THE SWALP SHOP (DELRAY DRIVE-LNI Pro •rt � tz 1 Numberst Parcel 505 �43-46-04-00-000-5050 Parcel 506 -0 43-46-04-00-000-5060 Parcel 507 - 00- 3-45-04-00-000-5070 Acreage: Parcel 505 - .6 ko Parcel 506 - 4.9 rr' Parcel 507 - T_853" 6.445 are ` Taxable Value: J/)S f� Parcel 505 - ; 143,096 Parcel 506 - 81,036,440 Parcel 507 - 8 398,958 i i 'til $1,536,494 Owner's Address .Rxaperty Address: Drive-In Theatres of Fla. Inc. (k}Q1 N. Federal Hwy 3291 W. Sunrise Blvd. 41 y Beach, Fla. Ft. Lauderdale, Florida 33311 4'a Country-Land Use Desir ationt CH-3 C ill High Yntensit� ( a`�ential equivele w units per acre) City Land Use Designation: GC (General Commercial) cif Zoning Designations GC (General Commercial) Current_Use_of prop&Mi Snap Shop Flea Market y:swapbr.doc . r i 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 FROM: DIANE DOMINGUEZ EM DIRECTOR OF PLANNING AND ZONING SUBJECT: SPECIAL MEETING OF APRIL 51 1994 ANNEXATION, SMALL SCALE LAND USE PLAN AMENDMENT FROM COUNTY CH/5 (COMMERCIAL HIGH INTENSITY-RESIDENTIAL EQUIVALENT OF 5 UNITS PER ACRE) TO A CITY FUTURE LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) , AND INITIAL ZONING OF GC (GENERAL COMMERCIAL) FOR THE DELRAY SWAP SHOP ACTION REQUESTED- OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance annexing the Delray Swap Shop, changing the Future Land Use designation from County CH/5 to City GC (General Commercial) , and applying an initial zoning designation of GC (General Commercial) . The petition involves the Delray Swap Shop property, located on the east side of North Federal Highway, north of Allen Avenue. B A C K G R 0 U N D: On March 22, 1994 , the County Commission approved an Interlocal Agreement with the City of Delray Beach which called for the annexation of the North Federal Highway Enclaves, in accordance with provisions of Florida Statute 171.046. That same evening, the City Commission approved on second reading the individual ordinances annexing those properties. Neither the agreement nor the ordinances included the Delray Swap Shop property. The reason for its exclusion from those actions was that the owner, Preston Henn, had indicated a desire to come into the City voluntarily, by a separate agreement. Based upon his stated intentions, staff worked to produce an agreement that spelled out the terms and conditions of the voluntary annexation. Several meetings were held between City staff and Swap Shop representatives to ensure that the agreement would be satisfactory to all parties . On several occasions, staff asked that a signed voluntary annexation petition be submitted, however, that petition was not forthcoming. City Commission jocumentation Annexation, FLUM Amendment, and Initial Zoning--Delray Swap Shop Page 2 The Planning and Zoning Board considered the annexation, small scale amendment, and initial zoning for the Delray Swap Shop at its meeting of February 28, 1994, and recommended approval. Absent a signed annexation petition, the item was not scheduled for City Commission consideration. In recent weeks, staff has had numerous conversations with Swap Shop representatives regarding their intention to proceed. At the request of their attorney, Roger Saberson, changes were made to the agreement that deleted requirements for future improvements to parking areas . Every reasonable attempt has been made to accommodate their wishes . During this legislative session, a bill has been pending that would eliminate the enclave annexation provision. We have recently been informed by lobbyist Kathy Daley that the bill has made progress and may be passed soon. In light of that possibility, it is necessary to proceed with the annexation of the Swap Shop under the enclave provision, rather than as a voluntary action. The City Attorney' s Office is preparing an amended Interlocal Agreement for consideration by the County Commission that would include the Delray Swap Shop property. First reading of the ordinance providing for the annexation, zoning, and small scale amendment may occur immediately. However, there are several notification requirements that must be met prior to the second reading of the ordinance. Those requirements necessitate a delay of approximately 30 days before the second reading. If approved, the second reading of the ordinance will be scheduled for the City Commission meeting of May 17, 1994. P R O J E C T D E S C R I P T I 0 N: The subject property consists of three parcels comprising approximately six and a half acres of land. The property contains the Delray Swap Shop, which consists of merchant booths on the west half, and parking on the east half of the site. The property will be brought into the City with a zoning designation of GC, General Commercial, which allows flea markets as a conditional use. Thus, the swap shop will be considered a conforming conditional use. A concurrent small scale land use plan amendment changing the designation from County CH/5 to City General Commercial is also being processed. This property meets the requirements for processing as a small scale amendment. For a full analysis of this petition, see the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held a public hearing on the annexation, Small Scale Land Use amendment and initial zoning of the Delray Swap Shop at the regular meeting of February 28, 1994 . There were no comments from the public on this item. The Board recommended approval by a vote of 7-0. City Commission 3cumentation Annexations and initial Zoning of the North r'ederal Enclaves Page 3 R E C O M M E N D E D A C T I 0 N: By motion, approve the annexation, Small Scale Land Use Plan amendment (from County CH/5 to City GC) , and initial zoning to GC (General Commercial) for the Delray Swap Shop property, based on positive findings with respect to LDR Sections 3. 1. 1 and 3.3.2, and policies of the Comprehensive Plan, and on the recommendation of the Planning and Zoning Board, and based upon the following additional findings : 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. Attachment: * P&Z Staff Report & Documentation of 2/28/94 * Ordinance by others T:CCSWAP Y�OC ' PLANNING ANP ZONING CITY OF DELRAY BLI-.CH - 4AFF REPORT --- MEETING DATE: FEBRUARY 28, 1994 .AGENDA ITEM: Tv.A. ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENT, AND ZONING FOR TYE DELRAY SWAP SHOP SOU AR GENERAL DATA: W-AU z U I Owners. . . . . . . . . . . . . . . . . . .Delray Swap Shop 1 Associates, Inc. ,� J Applicant. . . . . . . . . . . . . . e .Preston Henn `'' TM Location. . . . . . . . . . . . . . . . ,.Approximately 1500 ''�°. feet south of Gulfstream Boulevard, on the east side of Federal Highway. Property Size. . . . . . . . . . . .6.45 Acres City Land Use Plan. . . . . . .General Commercial (with Large Scale �- Mixed Use Overlay) County Land Use Plan. . . . .CH-5 (Commercial with a residential equivalent of 5 units/acre) ; Current County Zoning. . . .CG (General Commercial) Proposed City Zoning. . . . .GC (General Commercial) Adjacent Zoning. . .North: AC (Automotive Commercial) East: RS (Single Family Residential - Town of Gulfstream) South: SAD (Special Activities District) a, ts un uru - West: GC Existing Land Use. . . . . . . .Delray Swap Shop. Water Service. . . . . . . . . . . .Existing 12" water main w along Federal Highway. �o Sewer Service. . . . . . . . . . . .Existing on site via an 8" sewer main in Federal Highway. N 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 a voluntary annexation (pursuant to Florida Statute 171 . 044) , a Small Scale Land Use amendment from County CH\5 (Commercial High Intensity) to City GC (General Commercial) , and initial zoning of GC (General Commercial) . LDR Sections 2 .4 .5 (A) , (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the east side of North Federal Highway north of N.E. 21st Street (extended) and is known as the Delray Swap Shop. B A C K G R 0 U N D: The Delray Swap Shop is one enclave within the unincorporated area known as the North Federal Highway corridor. This corridor is surrounded by three municipalities, Boynton Beach to 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. For a full background history on the North Federal Highway corridor see the North Federal Highway Enclave annexation report. 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 an interlocal agreement with the County having jurisdiction of the enclave (Florida Statute 171 .045 ) . An interlocal agreement which included this property 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 as a result the owner has agreed to voluntarily annex via an annexation agreement. The City Commission initiated the related Small Scale Comprehensive Plan amendment and initial zoning at its meeting of February 8, 1994 . P & Z Staff Repc Delray Swap Shop Voluntary Annexation Page 2 P R O J E C T D E S C R I P T 1 0 N: The territory to be annexed includes three parcels noted on the Palm Beach County Property Appraiser' s Map as parcels 505, 506, and 507 having a combined acreage of 6 .445 acres . The property contains the Delray Swap Shop (Delray Flea Market) which has merchant booths on the west half of the site and parking on the east half of the site. The proposed Future Land Use designation is General Commercial . The proposed zoning designation will be GC (General Commercial) . The area being annexed will include the adjacent half of Federal Highway right-of way. 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. 044 "the owner or owners of real properties in an incorporated 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" . * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The annexation will reduce an existing County enclave area. 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 ownership" pursuant to Florida Statutes . Annexation agreement_: The applicant has agreed to voluntarily annex into the City subject to an annexation agreement. For specific details on this agreement see the attached Planning and Zoning Memorandum from Director David J.Kovacs . 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 Map Designations : The City' s current Future Land Use Map designation for these properties is "General Commercial" . The County' s Land Use designation for these parcels is CH/5 (Commercial High Intensity - Residential equivalent of 5 units per acre) . P & Z Staff Repc Delray Swap Shop Voluntary Annexation Page 3 The City' s "General Commercial" Land Use designation is consistent with the County' s CH\5 (Commercial High Intensity) designation. 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 Land Use Amendment is processed. Adjacent Land Use Map Designations and Land Uses : The surrounding Land Use Map designation to the west is General Commercial . The land Use designation to the east is Low Density Residential in the City of Gulfstream. To the south is General Commercial with a Large Scale Mixed Use overlay, and to the north is Commercial High Intensity in Palm Beach County (to be annexed into the City as GC by a separate action) . The existing Land Uses are residential (Place Au Soleil) to the east, vacant to the south. To the north and west the site is bordered by commercial uses (antique shop and warehouse) . 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 side 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 north and west of the property. P & Z Staff Repc Delray Swap Shop Voluntary Annexation Page 4 Fire and Emergency Services : The annexation of this property 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 m response time from the current 8 1/2 minutes of the County Fire Department ( Indian Springs Station / Military Trail & Gulf Road) to approximately 4 minutes for the City' s Fire Department (Fire Station No #1 West Atlantic Avenue) . Water: A 12" water main exists along the east side of Federal Highway in front of this property. Fire suppression is provided along the east side of Federal Highway by existing fire hydrants immediately south of this property and at the northwest corner of the property. The property does not currently receive municipal water which is available upon payment of standard connection fees . Sewer: The property is currently served by municipal sewer via a 10" gravity sewer main which runs along the east side of Federal Highway in front of the site. Streets : This property has direct access to North Federal Highway. Federal Highway is under the jurisdiction of the FDOT (Florida Department of Transportation) . The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. Parks and Open Space: The annexation of the commercial property will not create an additional impact on park and recreational facilities. Financial Impacts: Effect Upon Annexed Property_ For the 1993 tax year the three parcels which make up the Delray Swap Shop have a combined assessed value of $1,538,494 . 00 . 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 . 9884 Difference* * Total tax millage in the County is 20. 0772 mills while in the City the total millage rate is 25 . 0656 mills . P & Z Staff Rep( Delray Swap Shot, Voluntary Annexation Page 5 The current yearly ad valorem taxes are $30, 888 . 65. With annexation the yearly ad valorem taxes will be $38,563.27 a tax difference of $7,674 . 62 . In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This City assessment will be approximately $3,240 based upon the combined ( 100%) 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. 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. 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. Occupational Licence Fees - Upon annexation the Delray Swap Shop vendors will be required to obtain City of Delray Beach Occupational Licenses . These licenses will be in addition to the current County licenses . Through the proposed annexation agreement the City will collect an annual fee from the Delray Swap Shop rather than assess individual vendors. This annual fee will be calculated each year using a formula based on the average number of vendors . Using the above formula the annual fee for Calendar Year 1994, will be $11,500 . 00. See attached write up on the annexation agreement from David J. Kovacs, Planning Director for further details. Water/Sewer Rate Reductions - The Delray Swap Shop is currently served by municipal sewer. The property is charged a base rate of $43 . 13 a month which includes a 25% Out-of-City surcharge. Upon annexation the property will receive municipal sewer at the standard City rates and will experience a reduction of approximately $8 . 64 a month or $103.44 a year savings . P & Z Staff Repr Delray Swap Shop Voluntary Annexation Page 6 Resulting Impacts to Property Owner: TABLE A SUMMARY OF IMPACT ON DELRAY SWAP SHOP FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 93/94 county of 20. 0772 to City 93/94 rate 25 . 0656 mills. (4 . 9884) +$7, 674 .62 NON AD VALOREM Stormwater Assessment +$3,240 . 00 Solid Waste Collection NA WATER & SEWER UTILITY FEES - $103 .44 Current rate less 25% surcharge OCCUPATIONAL LICENSE FEES $11,500 . 00 ANNUAL FINANCIAL IMPACT: + $22,311. 18 NA - Data not available 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 vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1993 City operating millage rate of 6 .86 mills and debt rate of 1. 14 mills, the property will generate approximately $12,307 . 95 in ad valorem taxes per year. This property is 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 values 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 . Additional revenues will be realized through the annual collection of the stormwater assessment fee ($3,240 annually) as well as occupational license fees (approximately $11,500 annually) , utility taxes (9 .5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. P & Z Staff Repc Delray Swap Shop Voluntary Annexation Page 7 Additional revenues will be realized through the annual collection of Occupational Licence Fees . These fees will be assessed as an annual fee calculated each year ,using a formula based on the average number of vendors . Using this formula the annual fee for Calendar Year 1994, will be $11,500 . 00 . The City Utility Fund will realize a revenue loss of $103.44 with the elimination of the City sewer 25% surcharge assessed on Out-of-City utility users. However, after annexation connection to the water system will occur; thus additional water use revenues will off-set the reduction in sewer revenue. TABLE D COMBINED FINANCIAL IMPLICATIONS TO THE CITY GENERAL FUND AD VALOREM TAXES $12, 307 . 95 PER CAP REIMBURSEMENTS: . 00 UTILITY TAXES: Electric ( 1) : $3,762 . 00 Natural gas (2) : .00 Phone ( 3) : +$245 . 95 FRANCHISE FEES: Electric (4) : +$2,376 . 00 Phone (5) : +$35 . 13 Natural Gas (6) : . 00 Cable (7 ) : . 00 OCCUPATIONAL LICENCE FEE (9) +11,500 . 00 STORMWATER ASSESSMENT UTILITY FUND ASSESSMENTS : Stormwater Assessment +$3,776 . 00 SEWER AND WATER UTILITY FUND UTILITY SERVICE FEES: Water Utilities (8) . 00 Sewer Utilities (8) -$103 .44 ANNUAL TOTAL: +$33,899 .59 NA - Data not available ( 1) Electric Utility Tax based on 9 .5% commercial P & Z Staff Rep( Delray Swap Shop Voluntary Annexation Page 8 (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 (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 (9 ) Special calculation - see annexation agreement Z O N I N G A N A L Y S I S : The proposed City zoning designation is GC (General Commercial) and the current County zoning designation is CG (Commercial General) . The surrounding zoning designations are GC (General Commercial) to the west, SAD (Special Activities District) to the south, CG (County Commercial General) to the north, and RS (Residential Single Family) to the east. The City zoning designation of General Commercial is similar to the existing County designations and represents the prevailing use of the property. 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 zoning designations is consistent with the underlying "General Commercial" Land Use Designation. The existing Flea Market use is allowed as a conditional use in the General Commercial zoning district, thus when annexed the use will be a conforming conditional use. 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. P & Z Staff Rep( Delray Swap Shop Voluntary Annexation Page 9 The proposal involves the annexation of existing development. There will be no changes in the manner that drainage, and sewer will be provided. Fire, Police, EMS, and solid waste will shift to a different provider; however, all of these services will be equal to or enhanced (see annexation analysis for details) . It is anticipated that connection will be made to the City water system post annexation. Compliance with Land Development Regulations : Upon annexation, the property will come under the development regulations of the City. Compliance with the perimeter landscape requirements adjacent to all rights-of way (i .e. Federal Highway) and compliance with the City sign code will be required upon annexation. The implications of these regulations have been discussed with the applicant and plans for compliance are underway. Any future modifications to the site must comply with the LDR' s . Within the annexation agreement certain phased off-site improvements are proposed. During the earlier phases these improvements will not meet City specifications . These off site improvements include; * Installation and maintenance of a pedestrian walkway along Dixie Highway which during Phase 1 may be mulch or some other surface suitable for walking. Phase 2 (April 95-96) will require installation of surface meeting development specifications of the City. * Provision of parking spaces within the Dixie Highway right-of-way which do not have to meet City specifications for paved entries, travelways, parking spaces, curbing, and landscape areas surfaces until Phase 2 (April 95-96 ) and Phase 3 (April 96-97) . * Provision of minimum requirements for off-site parking areas requiring frontage landscaping, perimeter landscaping on all property boundaries and paved driveway access points and driveway aisles . The mechanism to accommodate deferred or partial compliance with the LDR' S is being worked on by the City Attorney. 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 : P & Z Staff Repi Delray Swap Shop Voluntary Annexation Page 10 A) Performance Standard 3 . 3 .2 (A) states that a rezoning to other than CF within stable residential areas shall be denied. The site is not within 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. The initial zoning designations represent the existing commercial land use. The commercial zoning designations are compatible with adjacent commercial uses and the prevailing land use pattern. 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 and the initial City Zoning is equivalent to the existing County Zoning, 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. PUBLIC NOTICE: Notice to all property owners within 500 feet of the subject property has been given. Courtesy notices were also sent to Deborah Dowd (Northeast Neighborhood) , Robert Dittman, Stanley Milosky, and Loren Shaffer (of the North Federal Highway Task Team) . Notice of the Plan Amendment was also provided to the Interlocal Plan Amendment Review Committee ( IPARC) which distributes to all adjacent municipalities . P & Z Staff Rep Delray Swap Shop - Voluntary Annexation Page 11 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 this property and affixing an initial City zoning designation of GC is consistent with the City' s program for annexation of territory within its Planning and Service Area. The annexation is also consistent with the State' s policy under Elms III legislation to eliminate enclaves and promote annexation into the most appropriate municipality and service provider. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services . The property will experience an increase in taxes, and stormwater assessment fees, which will be partially offset by lower sewer rates . The City will receive additional revenue from property taxes (base year value 1985) , stormwater assessment fees, and associated utility taxes and franchise fees . There will be a slight decrease of $103 .44 in sewer utility fees, however an increase from other revenues will result in a net increase to the City of approximately $33,899 .59 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 amendment from CH\5 to GC and an initial zoning designations of GC (General Commercial) . C. Recommend denial of the annexation, small scale amendment and initial zoning 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 to GC, and initial zoning designation of GC (General Commercial) 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. pn/t: �aa�wap a �■1■111th � � � ,� f MEN ....... . ��rrr .r it ♦r!♦♦1••.e• t4l.af•1•t♦ ■■■� 1!a i•a-♦r�a 1••1 i l r f♦.1!1•1.1 r- •ra•l•s.lraf la•1r11 ra�r r4 tt a11.t 1a ♦a•Ylaar•r1.14•a•«♦ aatalY•ratf•a•f.4•alfff•ttt •tl.y��aaa••lr irs la slr• ♦It ♦• �•ark«ifaiaiaraiaslf���i 4lilft�fi aYaaf/t. 4!•4•..•111rsaarar•r•111sa•. •r11a.1rasalfi i�•a!• rlllit •.•1 i.1la1•a r�1 ♦!i•�ilaia cl1111 tia.a•1�111Y1►••1!!111 a4. •ar♦a+I ii r..liaw.1••!1.«4rfa.. a•11i1 asaa••♦ar•••tla••atltc 444 i4i1lar!!1.•a1+11«!flra' !♦1111 i•!•a r111♦•a!•..•1a a ri.11affrtlrlla••ai♦111.1 Ya. ,••ifliata••44aa.•.•Ial ia••11•a .1•rtlara.ri•111r4a•�11.11l11- rs.•♦.awllai�rseraill�rla♦llt: "" 1_.f.r•Ilr.r•ai sraaa►r rlrll< I r•!r•1a«ar 111.r•li.at ♦11• ilia♦ 11 •f•1♦ 1 at4t.• ♦i•f«.4 r• 1111lrr•.1.14111 as f- •.1 414114 a.ii 1l riaa• •441+ ♦•111►l1t frill arl Ra.r111•a1a j �a,laiiii4 t•a.ar.4•fa• ♦ �yrac 101011111 , '■■! •• INNIN1 : • HIM 1111111-��. - DELRAY SWAP SHOP == �■1111. 11111111111 ORDINANCE NO. 16-14 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 19-94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE LAND ANNEXED INTO THE CITY LOCATED AT 2001 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 May 17, 1994, the City of Delray Beach, passed and adopted Ordinance No. 19- 94,which annexed a piece of property (known as the "Delray Swap Shop") located at 2001 North Federal Highway from Palm Beach County 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 in Exhibit "A" of Ordinance No. 19-94 is incomplete and does not accurately describe the property located at 2001 North Federal Highway,Delray Beach, Florida; and WHEREAS, it was the intent of the City of Delray Beach and Palm Beach County that the entire property located at 2001 North Federal Highway be annexed into the City; and WHEREAS, the City of Delray Beach deems it necessary to amend Ordinance No. 19-94, to correct the legal description of the property that was the subject of the annexation, and to ratify and confirm Ordinance No. 19-94 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 the legal description of the property located at 2001 North Federal Highway, Delray Beach, Florida attached to Ordinance No. 19-94 as Exhibit "A" is hereby amended to include a true and correct legal description of the property, attached hereto as "Amended Exhibit `A' to Ordinance No. 19-94". Section 3. That this Ordinance shall be incorporated into Ordinance No. 19-94. 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 16-14 2 €XHIRIT"0"TO QRQIAI4WQF= 19-94 I-FEG 1 QFSGRIRTIlIAI Thp- So, th 4 03 :25 feet of the Easterly 4 97 35 fp-p-t of thp- West Qne-Half ON 1,42) of the So,-thlAfP-!.;t QAA- Qwaikor (SVV +/.) of the Southeast (lno_(Luorker /QC +/.\ and that pork of the South 402 40 fee+ of the Sollthp,pst Qne-Quai4er (SE 1� of the Soulthimp-st One-Quai4er (SVV 114) being the Noi4herly 1-28-6-6 feet of thp- So, therly 272.66 feet lying east of Statp- RoAd 5 AS OR 2311 Page 701 All SAPtmQA 4 Township 4 co��+h Ronne 43 Cos+ Rolm Roonh Goun+v Clnrida , , , 62 TOGETHER WITH That pork of the \A/o?tody 155.99 foo+ of the South 402 A feet of the West Gne_Half ON +/ of the Qowvl ithwAvst Gne_Qwai kor (SVV +/.) of the Southeast Gne_Qwai kor /QC +/.\ orate-and thee Fast 44 11 foot of the Norkhorly 171.24 feet of the South 4023.4 feet of +he 2(4--+heost Gne_(Lworkor /QC 1,4) of the Se-i+hwest Qne-Quai4er(SVV ll� lying east of the State Road 5 all on SeGtion 4, Township 46 South, Range 43 East, TOGETHER WITH That pork of the \A/o?tody 166.40 foot of the South 402 A feet of the West Gne_Half ON +/ of the 2olithwAst Gne Qwai4oF (SVV 1,4) of the Southeast Gne Qwai4oF (SF= 114) and the Eastody 121 4:2 foot 0 thp 2o, thpFly 14 4 fa@t of thp Sel itheast Gne Qwai4oF (SF= 1,4) of the Se,ithwest Gne Qwai4oF(SVV 114) lying A—ast of St.ato Read 5, all on S@Gtien 4, Township 46 South, Range 43 East, Palm BoaGh Gounty, PeFida. ORD. NO 16-14 3 AMENDED EXHIBIT"A"TO ORDINANCE 19-94 LEGAL DESCRIPTION THE SOUTH 403.4 FEET OF THE SOUTHEAST ONE-QUARTER (SE '/) OF THE SOUTHWEST ONE-QUARTER (SW '/) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING EAST OF U.S. HIGHWAY NO. 1, TOGETHER WITH: THE SOUTH 403.4 FEET OF THE WEST ONE-HALF W/2) OF THE SOUTHWEST ONE-QUARTER (SW '/) 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 SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER (SW '/) OF SECTION 4; THENCE SOUTH 89°18'10" WEST ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER (SW /) OF SECTION 4, A DISTANCE OF 131.25 FEET TO A POINT ON 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; THENCE NORTH 07°49'36" EAST, A DISTANCE OF 7.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 5679.65 FEET AND A CENTRAL ANGLE OF 04°03'49", A DISTANCE OF 402.83 FEET TO A POINT OF NON-TANGENCY (THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1); THENCE NORTH 89°24'45" EAST ON THE NORTH LINE OF SAID SOUTH 403.4 FEET OF THE SOUTHEAST ONE-QUARTER (SE '/) OF THE SOUTHWEST ONE-QUARTER (SW '/) OF SECTION 4 AND THE NORTH LINE OF SAID SOUTH 403.4 FEET OF THE WEST ONE-HALF ON 'h) OF THE SOUTHWEST ONE-QUARTER (SW '/) OF THE SOUTHEAST ONE-QUARTER (SE '/) OF SECTION 4, A DISTANCE OF 711.46 FEET TO A POINT ON THE EAST LINE OF SAID WEST ONE-HALF ON 'h ) OF THE SOUTHWEST ONE-QUARTER (SW '/) OF THE SOUTHEAST ONE- QUARTER (SE '/) OF SECTION 4; THENCE SOUTH 01'53'16" EAST ON SAID EAST LINE, A DISTANCE OF 403.53 FEET TO THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER (SE '/) OF SECTION 4; THENCE SOUTH 89°24'45" WEST ON SAID SOUTH LINE, A DISTANCE OF 663.51 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 304,844 SQUARE FEET (6.998 ACRES), MORE OR LESS. ORD. NO 16-14 4 (5571�a70_,3+_ I FP;DAy MAY 23.2 014 CITY OF DELRAY BEACH,FLORIDA NOTICE OF PUBLIC FIEARING A PUB LICHEARING will be held on the following,proposed ordinance3 on TUESDAY,JUNE 3,2014 at 7:00 p.in-or at any continuation of such meeting:. iWhlch is set by the.Commission],i the Cam mission Chambers,100 N.W- ist Avenue,Delray Beach,`Florida,at which time the City Cornm.isslan.will oonsidertheir ddoirtion_The proposed ordinances may be.inspected at the . Office of the.City Clerk at City Hall, 100 N-W-1st Avenue; Delray Beach, .Florida, between 8:00 a..m-'and 5,00 p m.,Monday through Friday,except holidays.Interested parties are invited to attend and be heard with respect to the proposed ordinances: ORDINANCE NO.15-14 AN ORDINANCE OF THE CITY.OF DELRAYBEACH.FLORIDA,_AME140ING OROINANCE NO. 1a-94 To CORRECT A. SCRIVENER'S -ERROR IN THE LEGAL DESCRIPTION OF THE.LAND ANNEXED INTO THE CITY LOCATEo' AT 2101 NORTH FEDERAL-HIGHWAY, AND BEING MORE -;PARTICULARLY - DESCRIBED HEREIN;PROVIDING FOR SEVORABILITY;PROVIDING,A.GENERAL REPEALER CLAUSE,A SAVING CLAUSE, AND AN EFFECTIVE DATE_ _ ORDINANCE NO,16-14 AN ORDINANCE. OF THE CITY.OF DELRAY BEACH,FLORIDA,AMENDING ORDINANCE NO,.19-94TO CORRECT A SCitDESCRR, ERROR. IN THE LEGAL ION OF THE LgD ' ANNEXED. INTO THE CITYLOCATEND AT 2WI NORTH FEDERAL HIGHWAY AND BEING MORE°'PARTICULARLY DESCRIBED HEREIN;PROVIDING FOR SEVERABILITY,,PROVIDING A GENERAL REPEALER.CLAUSE,A SAVI NG CLAUS E, AND AN-EFFECTIVE-DATE. Please be adylsed that if a person decides to appeal any decision made 4y-the City Commission with respect to any matter considered at th is hearing, such person may need to ensure that a verbatim record includes the testimony and e0dence.upon which the appeal is to he based,The City does not provide nar:prepare such record pu rsuant to F.5.286 0105_ CITY OF DELRAY BEACH.' Chevelle 0.Nubia-.MMC City Clerk ; PUB:The Palhj Beach Post 5-2V 207A 051249