Ord 65-05
1101 II 11111111 11111111111111I1111111111111111111111
CFN 20050635440
OR BK 19372 PG 1483
RECORDED 10/07/2005 08:46:55
Palm Beach County, Florida
Sharon R. Bock,CLERK & CO"PTROLLER
Pgs 1483 - 1489; (7pgsl
ORDINANCE NO. 65-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED 710 FEET SOUTH OF WEST ATLANTIC
AVENUE AND 620 FEET WEST OF MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR
SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO RM-8 (MEDIUM DENSITY
RESIDENTIAL-8 UNITS PER ACRE) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Carman & Mindy Leon and CS Capital LLC are the fee simple owners of a
4.849 acres parcel of land located 710 feet south of West Atlantic Avenue and 620 feet West of
Military Trail; and
WHEREAS, Carman & Mindy Leon and CS Capital LLC have requested by voluntary
petition to have the subject property annexed into the municipal limits of the City of Delray Beach;
and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of HR-8
(High Residential-8 du/acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/acre); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of August 15, 2005, and voted 5 to 0
to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential-8 units per acre), based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance IS
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The North one-fifth (N 1/5) of the East one-half (E %) of the Southwest one-quarter (SW
1/4 ) of the Southeast one-quarter (SE '/4) of the Southeast one-quarter (SE '/4 ), of Section
14, Township 46 South, Range 42 East, less the East 30 feet for road right-of-way.
Together With
2
ORD NO. 65-05
The West 150 feet of the following described parcel: the South one-half (S y.) of the North
two-fifths (N 2/5) of the East half of the Southwest quarter of the Southeast quarter of the
Southeast quarter of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida, and an easement for ingress and egress over the South 20 feet of the following
described parcel: The South one-half (S % ) of the North two-fifths N (2/5) of the East one-
half (E Y. ) of the Southwest one-quarter (SW y.) of the Southeast one-quarter (SE %) of
the Southeast one-quarter (SE Y.), less the East 30 feet for road right-of-way.
Together With
The South one third (S 1/3) of the North three-fifths(N 3/5) of the East one-half (E y.) of
the Southwest quarter of the Southeast quarter of the Southeast quarter, less the East 30 feet
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach
County, Florida
Together With
The South one-half (S y.) of the North two fifths (N 2/5) of the East one-half (E y.) of the
Southwest one-quarter (SW '/.) of the Southeast one-quarter (SE %) of the Southeast one-
quarter (SE % ) of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida; less the East 30 feet for road right-of-way and less the West 150.00 feet of the above
described parcel
Together With
The South % of the North 4/5 of the East Y. of the Southwest quarter of the Southeast
quarter, of the Southeast quarter, less the East 30 feet thereof for the right-of-way, of
Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida
Together With
The South 1/5 of the East % of the Southwest Y. of the Southeast % of the Southeast Y"
less the East 30 feet thereof for right-of-way, of Section 14, Township 46 South, Range 42
East, Palm Beach County, Florida.
The subject property is located 710 feet south of West Atlantic Avenue and 620 feet West of
Military Trail.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
3
ORD NO. 65-05
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affised as MD (Medium Density Residential 5-12 du/ acre).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM-8 (Medium Density Residential-8 units per acre) as
defined by existing ordinances of the City of Delray Beach.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development pertnits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
4
ORD NO. 65-05
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
~PASSED AND ADOPTED in regular session on second and final reading on this the
_ day ofS"t- ~ ,2005-.
ATTEST
8~o~ 4.
~~"- ~. )). ~\~:v
City Clerk
F1M Ro.""" ~ <;),',
Second Reading C\ 6\. OS
5
ORD NO. 65-05
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[ITY DF DELAAY BEA[H
DELRA Y BEACH
CITY CLERK
100 N.W. 1st AVENUE. OELRAY BEACH, FLORIDA 33444.561/243.7000
1993
CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Ordinance No. 65-05, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 20th day of September 2005.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 29th day of
September, 2005.
~",,-,~\..- ~ . ~~
Chevelle D. Nubin
City Clerk
City of Delray Beach, Florida
(SEAL)
@ Ptir"oo Of) Recycled Papar
THE EFFORT ALWAYS MATTERS
(" /,\
ORDINANCE NO. 65-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRA Y BEACH, A PARCEL OF LAND
LOCATED 710 FEET SOUTH OF WEST ATLANTIC
A VENUE AND 620 FEET WEST OF MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR
SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR StvfALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO RM-8 (MEDIUM DENSITY
RESIDENTIAL-8 UNITS PER ACRE) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A
i SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Carman & Mindy Leon and CS Capital LLC are the fee simple owners of a
4.849 acres parcel of land located 710 feet south of West Atlantic Avenue and 620 feet West of
Military Trail; and
WHEREAS, Carman & Mindy Leon and CS Capital LLC have requested by voluntary
petition to have the subject property annexed into the municipal limits of the City of Delray Beach;
and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of HR-8
¡ (High Residential-8 du/ acre); and
!
(" /,\
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/acre); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of August 15, 2005, and voted 5 to 0
to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential-8 units per acre), based upon positive findings; and
! WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
;
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
i
! Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
¡ The North one-fifth (N 1/5) of the East one-half (E %) of the Southwest one-quarter (SW
1/4 ) of the Southeast one-quarter (SE v.) of the Southeast one-quarter (SE V. ), of Section
14, Township 46 South, Range 42 East, less the East 30 feet for road right-of-way.
Together With
I
2 ORD NO. 65-05
(' -', /"\
The West 150 feet of the following described parcel: the South one-half (S %) of the North
two-fifths (N 2/5) of the East half of the Southwest quarter of the Southeast quarter of the
Southeast quarter of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida, and an easement for ingress and egress over the South 20 feet of the following
described parcel: The South one-half (S %) of the North two-fifths N (2/5) of the East one-
half (E % ) of the Southwest one-quarter (SW 1/4) of the Southeast one-quarter (SE V4) of
the Southeast one-quarter (SE V4), less the East 30 feet for road right-of-way.
Together With
The South one third (S 1/3) of the North three-fifths(N 3/5) of the East one-half (E Yz) of
the Southwest quarter of the Southeast quarter of the Southeast quarter, less the East 30 feet
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach
County, Florida
Together With
The South one-half (S %) of the North two fifths (N 2/5) of the East one-half (E % ) of the
Southwest one-quarter (SW 1/4) of the Southeast one-quarter (SE 1/4) of the Southeast one-
quarter (SE 1/4 ) of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida; less the East 30 feet for road right-of-way and less the West 150.00 feet of the above
described parcel
Together With
The South 1/4 of the North 4/5 of the East % of the Southwest quarter of the Southeast
quarter, of the Southeast quarter, less the East 30 feet thereof for the right-of-way, of
Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida
Together With
The South 1/5 of the East % of the Southwest V. of the Southeast 1/4 of the Southeast v.,
less the East 30 feet thereof for right-of-way, of Section 14, Township 46 South, Range 42
East, Palm Beach County, Florida.
The subject property is located 710 feet south of West Atlantic Avenue and 620 feet West of
Military Trail.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
3 ORD NO. 65-05
(' /"\
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
I Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/acre).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM-8 (Medium Density Residential-8 units per acre) as
defined by existing ordinances of the City of Delray Beach.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
! Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
4 ORD NO. 65-05
1
(" /,\
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
~ PASSED AND ADOPTED in regular session on second and final reading on this the
! _ day of S+~ ,20QS...
I ~o~ b
ATTEST '-
~~~ \). ~\~~
City Clerk
FirstReading ~~
Second Reading D\ ~ ù5
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5 ORD NO. 65-05
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[IT' DF DELIA' BEA[H
DELRA Y BEACH
f l 0 . IDA
tw.ed CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444·561/243-7000
;¡¡¡r
1993
September 29, 2005
NOTIFICATION OF ANNEXATION
Please find a copy of Ordinance No. 65-05 annexing property to the City of
Delray Beach, which was passed and adopted on second and final reading by
the City Commission in regular session on September 20, 2005. Ordinance 65-
05 will be recorded with the Palm Beach County Clerk of the Court.
This information is being provided in accordance with Section 166.231 of the
Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of
Delray Beach.
If you have any questions, please do not hesitate to contact the City Clerk's
office at (561) 243-7059.
Sincerely,
~~.~~
Chevelle D. Nubin
City Clerk
Attachments: Ordinance No. 65-05
Annexation Brief
@ Printed on Recyctød Peper THE EFFORT ALWAYS MATTERS
[IT' DF DELIA' IEA[H
DELRAY BEACH
f L 0 . I 0 4
tab:II CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000
q¡¡r
1993
CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Ordinance No. 65-05, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 20th day of September 2005.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 29th day of
September, 2005.
~~.\\). ~~~~
Chevelle D. Nubin
City Clerk
City of Delray Beach, Florida
(SEAL)
@ PrInted on Recycled Peper THE EFFORT ALWAYS MATTERS
(' " /,,\
ORDINANCE NO. 65-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRA Y BEACH, A PARCEL OF LAND
LOCATED 710 FEET SOUTH OF WEST ATLANTIC
AVENUE AND 620 FEET WEST OF MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR
SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
I' ZONING THEREOF TO RM-8 (MEDIUM DENSITY
RESIDENTIAL-8 UNITS PER ACRE) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Carman & Mindy Leon and CS Capital LLC are the fee simple owners of a
4.849 acres parcel of land located 710 feet south of West Atlantic Avenue and 620 feet West of
Military Trail; and
WHEREAS, Carman & Mindy Leon and CS Capital LLC have requested by voluntary
petition to have the subject property annexed into the municipal limits of the City of Delray Beach;
and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of HR-8
(High Residential-S du/ acre); and
II
(" /"\
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/acre); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of August 15,2005, and voted 5 to 0
to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential-S units per acre), based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The North one-fifth (N 1/5) of the East one-half (E Yz) of the Southwest one-quarter (SW
1/4 ) of the Southeast one-quarter (SE V4) of the Southeast one-quarter (SE % ), of Section
14, Township 46 South, Range 42 East, less the East 30 feet for road right-of-way.
Together With
2 ORD NO. 65-05
I
(' /"\
The West 150 feet of the following described parcel: the South one-half (S Yz) of the North
two-fifths (N 2/5) of the East half of the Southwest quarter of the Southeast quarter of the
Southeast quarter of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida, and an easement for ingress and egress over the South 20 feet of the following
described parcel: The South one-half (S Yz) of the North two-fifths N (2/5) of the East one-
1 half (E Yz ) of the Southwest one-quarter (SW 1/4) of the Southeast one-quarter (SE V4) of
the Southeast one-quarter (SE V4), less the East 30 feet for road right-of-way.
Together With
I·
The South one third (S 1/3) of the North three-fifths(N 3/5) of the East one-half (E Yz) of
the Southwest quarter of the Southeast quarter of the Southeast quarter, less the East 30 feet
thereof for right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach
County, Florida
Together With
The South one-half (S Yz) of the North two fifths (N 2/5) of the East one-half (E Yz) of the
Southwest one-quarter (SW '14) of the Southeast one-quarter (SE %) of the Southeast one-
quarter (SE % ) of Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida; less the East 30 feet for road right-of-way and less the West 150.00 feet of the above
described parcel
Together With
The South % of the North 4/5 of the East Yz of the Southwest quarter of the Southeast
quarter, of the Southeast quarter, less the East 30 feet thereof for the right-of-way, of
Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida
Together With
The South 1/5 of the East Yz of the Southwest % of the Southeast V4 of the Southeast %,
less the East 30 feet thereof for right-of-way, of Section 14, Township 46 South, Range 42
East, Palm Beach County, Florida.
The subject property is located 710 feet south of West Atlantic Avenue and 620 feet West of
Military Trail.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
3 ORD NO. 65-05
(" /~
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/acre).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM-8 (Medium Density Residential-8 units per acre) as
defined by existing ordinances of the City of Delray Beach.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
I
i 4 ORD NO. 65-05
I
II
( " /"\
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of S~~ ,20QS.,.
~o~ b
ATTEST '-
~~ \). ~\~~
City Clerk
Fits. Reading ~~
Second Reading D\ ~ ù5
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5 ORD NO. 65-05
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~ NEXATION
N GRAMERCY AN ~ ~m
- -
DÐ..RAY BEA01, fL
CITY Of" OEPARNOH
PlANNING 41< ZONINC
MAP SYSTEM --
u O<CffN .", ____
ANNEXATION BRIEF FOR THE GRAMERCY -II PROPERTY
Property Control Number: 00-42-46-14-00-000-5090, 00-42-46-14-00-000-5100,
00-42-46-14-00-000-5101, 00-42-46-14-00-000-5110,
00-42-46-14-00-000-5120, 00-42-46-14-00-000-5130.
Acreaae: 4.85 Acres.
Number of Buildinas On-site: 3
Taxable Value: $309,472.00
Proiected Population Increase: 108
Owner's Address: Richard Carroll, CS Capital LLC, 5281 Priceton Way, Boca
Raton, Florida 33496; Carman and Mindy Leon, 12365
Colony Preserve Drive Boyton Beach, Florida 33436.
Property Address: West side of Military Trail just 700' feet south of Atlantic
Avenue.
County Land Use Desianation: HR-8 (High Residential 8 du/ac).
City Land Use Desianation: MD (Medium Density Residential, 5-12 du/ac).
City Zonina Desianation: RM-8 (Residential Medium Density, 8 du/ac).
Current Use of Property: The subject property consists of six separate parcels.
Three of these parcels are undeveloped and the other
three contain single Family homes.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
I
SUBJECT: AGENDA ITEM # \ Q 0 - REGULAR MEETING OF SEPTEMBER 20, 2005
ORDINANCE NO. 65-05 (GRAMERCY SOUARE II)
DATE: SEPTEMBER 16, 2005
This ordinance is before Commission for second reading and public hearing for a voluntary annexation,
small scale Future Land Use Map (pLUM) Amendment from County HR-8 (High Residential-8
dwelling units per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre) and
rezoning from County AR (Agricultural Residential) to City RM-8 (Medium Density Residential-8
dwelling units per acre) for a 4.85 acre parcel of land known as Gramercy Square II, located on the west
side of Military Trail, approximately 710 feet south Atlantic Avenue.
The property is located to the south of Points West Plaza in unincorporated Palm Beach County; and
has a County HR-8land use designation and a County AR zoning designation. The property is located
within the city's Planning Area (Future Annexation Area) and the owner is seeking voluntary
annexation. The property is bound to the north by the Points West Plaza, to the south by the Lake
Worth Drainage District (LWDD) L-34 Canal, to the west by the Coconut Key multiple family
residential development, and to the east by a 60' access easement tract and the recendy approved
Gramercy Square Townhouse Development. The property contains six (6) separate parcels, three (3)
undeveloped and (3) containing single family residential homes, with two (2) owners. The access to the
parcels is currendy via the access tract and easement through the Points West Plaza to the north.
Additional background and an analysis of the request are found in the attached Staff Report. The
subject property will be integrated with the Gramercy Square Townhouse Development to the east for
construction of an additional forty (40) townhouse units.
The Planning and Zoning Board held a public hearing at its meeting of August 15, 2005. There was
testimony from Ms. Nancy Eisenberg, 134 Coconut Key Lane, representing the Coconut Key
Homeowners' Association. Ms. Eisenberg's concerns evolved around the close proximity of the
proposed development to the Coconut Key Residential Development, the height of the building, and
the need for a landscape buffer to mitigate any potential impact. After reviewing the staff report and
discussing the proposal, the Board voted 5-0 to recommend that the requests be approved subject to a
zoning density sufftx of eight (8) units per acre maximum. The request was approved based upon the
findings of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and positive findings with respect to LDR Section 3.1.1 (Required Findings),
Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(S) (Rezoning Findings).
At the first reading on September 6, 2005, the City Commission passed Ordinance No. 65-05.
Recommend approval of Ordinance No. 65-05 on second and final reading.
S:\Clty Clerk\agenda cover memos\ordmance memos\Ord 65-05 Gramercy Sq II Annexation Rezorung 092005
cI<
I CITY COMMISSION DOCUMENTATION IP/]
TO: Dta.2::..lt EN ;C1:rv MANAGER
THRU: P UL DORLlNG, DI CTOR OF PLANTI~0:itG
FROM: ESTELlO BRETO, NIOR PLANNER \ ~ L.- c
SUBJECT: MEETING OF SEPTEMBER 6, 2005
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
COUNTY HR-8 (HIGH RESIDENTIAL - 8 DUlAC) TO CITY MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC). AND REZONING FROM COUNTY AR
(AGRICUL TURAL RESIDENTIAL) TO CITY RM-8 (MEDIUM DENSITY
RESIDENTIAL 8 DUlAC) FOR A 4.85 ACRES PROPERTY KNOWN AS
GRAMERCY SQUARE II LOCATED ON THE WEST SIDE OF MILITARY TRAIL.
APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE.
I BACKGROUND ~
The 4.85 acres property which contains six parcels is located to the south of Points West Plaza in
unincorporated Palm Beach County. The parcel has a County HR-8 (High Residential 8 du/ac) land
use designation and a County AR (Agricultural Residential) zoning designation. The property is
located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary
annexation at this time. The property is bound to the north by the Points West Plaza, to the south by
the LWDD L-34 Canal and to the west by the Coconut Key multiple family residential development
and to the east by a 60' access easement tract and the recently approved Gramercy Square
Townhouse development. The subject property consists of 6 separate parcels with 2 owners. Three
of these parcels are undeveloped and the other three contain single family residential homes. The
access to these parcels is currently via the access tract and easement through the Points West
Plaza to the north. Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report. The subject property will be integrated with the Gramercy
Square townhouse development to the east for construction of an additional forty townhouse units.
I PLANNING AND ZONING BOARD CONSIDERATION ~
At its meeting of August 15, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the requests. There was public testimony from Ms. Nancy Eisenberg, who lives at
134 Coconut Key Lane, representing the Coconut Key Home Owners Association. Ms. Eisenberg
concerns evolved around the close proximity of the proposed development to the Coconut Key
residential development, the height of the buildings, and the need for a landscape buffer to mitigate
any potential impact. After reviewing the staff report and discussing the proposal, the Board voted 5
to 0 to recommend that the requests be approved subject to a zoning density suffix of 8 units per
acre maximum. The request was approved based upon positive findings with respect to LDR
Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and
does not create an enclave; and, that services will be provided to the property in a manner similar to
other properties within the City.
I RECOMMENDED ACTION f
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from
County HR (High Residential- 8 du/ac) to City MD (Medium Density Residential- 5-12 du/ac), and
rezoning from County AR (Agricultural Residential) to City RM-8 (Medium Density Residential - 8
du/ac), based upon the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, and set a public hearing date of
September 20,2005.
Attachments: \~
· P & Z Staff Report of August 15, 2005 and Proposed Ordinance
ORDINANCE NO. 65-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET
SOUTH OF WEST ATLANTIC A VENUE AND 620 FEET WEST OF
MILITARY TRAIL, AS MORE P ARTICULARL Y DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DUlAC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-
8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS PER ACRE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Cannan & Mindy Leon and CS Capital LLC are the fee simple owners of a 4.849
acres parcel ofland located 710 feet south of West Atlantic Avenue and 620 feet West of Military Trail;
and
WHEREAS, Cannan & Mindy Leon and CS Capital LLC have requested by voluntary petition
to have the subject property annexed into the municipal limits ofthe City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of
the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of HR-8
(High Residential-8 du/acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City
of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/acre); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use
Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until
an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public
hearing and considered the subject matter at its meeting of August 15, 2005, and voted 5 to 0 to
recommend that the requests be approved with an initial zoning of RM-8 (Medium Density
Residential-8 units per acre), based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the changes are consistent with and furthers the
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida,
hereby annexes to said City the following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The North one-fifth (N 1/5) of the East one-half (E 1;2) of the Southwest one-quarter (SW 1/4 ) of the
Southeast one-quarter (SE ~ ), of Section 14, TownshIP 46 South, Range 42 East, less the East 30 feet
for road right-of-way.
Together With
The West 150 feet of the following descnbed parcel: the South one-half (S 1;2 ) of the North two-fifths
(N 2/5) of the East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of
Section 14, TownshIp 46 South, Range 42 East, Palm Beach County, Florida, and an easement for
ingress and egress over the South 20 feet of the following described parcel: The South one-half (S 1;2 ) of
2 ORD NO. 65-05
the North two-fifths N (2/5) of the East one-half (E Yí ) of the Southwest one-quarter (SW '14) of the
Southeast one-quarter (SE '14) of the Southeast one-quarter (SE '14), less the East 30 feet for road nght-
of-way.
Together With
The South one third (S 1/3) of the North three-fifths(N 3/5) of the East one-half(E Yí) of the Southwest
quarter of the Southeast quarter of the Southeast quarter, less the East 30 feet thereof for nght-of-way,
of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida
Together With
The South one-half (S Yí) of the North two fifths (N 2/5) of the East one-half (E Yí ) of the Southwest
one-quarter (SW '14) of the Southeast one-quarter (SE '14) of the Southeast one-quarter (SE '14) of Section
14, TownshIP 46 South, Range 42 East, Palm Beach County, Flonda; less the East 30 feet for road nght-
of-way and less the West 150.00 feet of the above described parcel
Together With
The South '14 of the North 4/5 of the East Yí of the Southwest quarter of the Southeast quarter, of the
Southeast quarter, less the East 30 feet thereof for the right-of-way, of SectIon 14, Township 46 South,
Range 42 East, Palm Beach County, Florida
Together With
The South 1/5 of the East Yí of the Southwest '14 of the Southeast '14, less the East 30 feet thereof for
right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County, Flonda.
The subject property is located 710 feet south of West Atlantic Avenue and 620 feet West of
Military Trail.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be subjected, including the Stormwater Management
Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the
like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
3 ORD NO. 65-05
Section 6. That the Future Land Use Map designation of the subject property is hereby officially
affixed as MD (Medium Density Residential 5-12 du/acre).
Section 7. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section 163.3187(l)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District RM-8 (Medium Density Residential-8 units per acre) as
defined by existing ordinances of the City of Delray Beach.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days
after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day
of ,20o_.
ATTEST MAYOR
City Clerk
4 ORD NO. 65-05
--- -- --
First Reading
Second Reading
5 ORD NO. 65-05
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---ST AFF REPORT ---
MEETING DATE: August 15,2005
AGENDA ITEM: v.C.
ITEM: Future land Use Map (FlUM) Amendment from HR-8 (High Residential-
8 du/ac on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 du/ac) and rezoning from AR
(Agricultural Residential) to RM-8 (Medium Density Residential 8 du/ac)
for a 4.849 acres site located on the west side of Military Trail just 700'
south of Atlantic Avenue.
GENERAL DATA:
Ownerl Applicant......................... Home Devco Corporation of South
Florida
AgenL........................................ Miller Land Planning Consultants, UMiK(JPLAŒ
OF
Inc. DfLR¿41'"
location...................................... West side of Military Trail,
approximately 700 ft. south of
West Atlantic Avenue.
Property Size.............................. 4.849 Acres
Existing County Future land Use
Map Designation ..............m....... HR-8 (High Density Resldential- 8
units/acre)
Proposed City Future land Use
Map Designation......................... MD (Medium Density Residential
5-12 units/acre)
Existing County Zoning............... AR (Agricultural Residential)
Proposed City Zoning................. RM-8 (Medium Density
ResIdential - 8 du/ac)
Adjacent Zoning................North: City PC (Planned Commercial)
East: City RM-8
South: County RS (Single Family
Residential)
West: City RM-8
Existing land Use...................... Three single family homes and
three vacant lots.
Proposed land Use.................... Annexation with initial zoning of
RM-8 to obtain City services for
the construction of a 40 units town
house development.
Water Service............................. Available via connection to an
existing 12" water main along the
east side of Military Trail and an 8"
main at the southeast corner of
the shopping center to the north.
Sewer Service................... .......... Sewer service is available
adjacent to the site via an existing
4" force main along the west side
of Military Trail.
\1 r
e~"'h'" -',.' " ", I' ITEM BEFQRE THE BOARD "...---.- . ".,' '- I
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The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Future Land Use Map (FLUM) Amendment from
HR-8 (High Residential - 8 units/acre on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 units/ac) and rezoning from AR (Agricultural Residential) to
RM-8 (Medium Density Residential 8 units/acre) for six parcels which are contained in a 4.85
acres site located on the west side of Military Trail approximately 700' south of Atlantic
Avenue.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
·f':_·l~;,:r.a. - -. . ':'.:. ~" BÄCKGRÒlfÑD/P80JECt DES'C'RIPTIÖÑ' ", "" " ,'. J}¡¡: C,I'!.,,,,~
. .~!., ·fl,.:' . . ·f..~.. :.." .~ . :~ 11'1'(' I
. I . ...... ... . ~ I . . The subject property is a 4.85 acre site which contains six parcels located to the south of
Points West Plaza and to the west of the future site for the Gramercy Square Townhouse
development that front on Military Trail. The property is bound to the south by the LWDD L-34
Canal and to the west by the Coconut Key multi-family residential development The eastem
60 feet of the subject property includes an access easement tract for these six parcels and the
Gramercy Square development located to the east. The subject property consists of 6
separate parcels with 2 owners. Three of these parcels are undeveloped and the other three
contain single family residential homes. The access to these parcels is currently via the
access tract and through the Points West Plaza.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The City has an advisory land use designation of
TRN (Transitional) that allows for residential development with a density between five and
twelve units per acre. The applicant has indicated that upon approval of the land use
amendment and rezoning, the subject property will be integrated with the Gramercy Square
townhouse development to the east for construction of an additional forty (40) townhouse
units. An application is now before the Board regarding a Voluntary Annexation, FLUM
Amendment from HR-8 to MD and a Rezoning from AR to RM-8.
.~.;¡ ......; .,,~ -,' - .' "FOi1JRÊ' LÄND usË·1ftAP' ÀMëJ.1pK4~ ~f!ÃNAL YSiS
"~''f.'. .
Current Land Use Desi~nation: The current land use map designation for the property is
County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation is
TRN (Transitional).
Requested Land Use Desi~nation: The requested Future land Use Designation is to City
MD (Medium Density Residential 5-12 du/ac).
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
Planning and Zoning Board Meeting of 08/15/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 2
· The amendment does not exceed 10 acres of land;
· The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas; and,
· The proposed amendment does not involve the same property, or the same
owner's property within 200' feet of property, granted a change within a period
of twelve months.
· That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
· The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future Land Use Map for a site-specific small scale
development activity; and,
· The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 4.85 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area and the cumulative total of small scale amendment
does not exceed 60 acres (23.01 including this amendment). The proposed amendment to
Medium Density has a density range of 5-12 du/ac (MD) and is being proposed concurrently
with a request for annexation and initial zoning of RM-8 to accommodate a townhouse
development. This will limit development to a maximum of 8 units per acre which will be
consistent with the adjacent development pattern. This land use designation will allow zoning
districts which allow single family, and low and medium density multiple family developments.
This property has not previously been considered for a land use amendment nor has the same
property owner's properties been granted a land use change within 200' feet, within the last
year. The amendment does not involve a text change to the Comprehensive Plan and it is not
located within an area of critical state concern. Given the above, the proposed FLUM
amendment can be processed as a small scale amendment.
land Use Analysis:
Consistency Between the City and County Land Use Desianations:
The proposed City Land Use Map Designation for the property is MD (Medium Density
Residential 5-12 du/ac). The existing County Future Land Use Map Designation for the
property is HR-8 (High Density Residential - 8 du/ac). The City's MD Land Use Map
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The current advisory "Transitional" residential designation allows
multiple family development as well as office and limited commercial development. The City's
FLUM designation as initially contained on the City's Future Land Use Map adopted by
Planning and Zoning Board Meeting of 08115105: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 3
Ordinance 82-89 in November 1989, (and as formally amended subsequently) are deemed to
be advisory until an official Future Land Use Map Amendment is processed.
Adiacent land Use Map DesiQnations. ZoninQ DesiQnations and land Uses:
The following zoning designations and uses abut the subject property:
I I Zoning Designation I Use
North: Planned Commercial (PC) Points West Plaza (fka Babies "R" Us
Plaza).
South: Palm Beach County Single Family Single Family Subdivision (Country
Residential (RS) Club Acres)
East: Medium Density Residential (RM-8) Future Site for Gramercy Square
Townhouse Development
West: Medium Density Residential (RM-8) Coconut Key Multiple Family
Residential Development
North: North of the subject property, has a City Land Use Designation of GC (General
Commercial) and is zoned PC (Planed Commercial). The property is developed and contains
a shopping plaza (fka Babies "R" Us Plaza).
South: To the south, across the L-34 Canal, has a Palm Beach County land use designation
LD (Low Density Residential) and an advisory City Land Use designation of Low Density
Residential 0-5 du/ac. The property is zoned County RS (Single Family Residential). The
existing land use is a single family subdivision known as Country Club Acres.
East: The abutting property to the east has a City land use designation of MD (Medium
Density 5-12 du/ac) with a zoning of RM-8 (Multiple Family Residential 8 du/ac). The existing
land uses are 9 lots (Lot" A" and "B" of the Mil-Atlantic property plus 7 separate parcels, with 5
single family acre lots), future site for the Gramercy Square Townhouse development.
West: East of the property has a City land use designation of MD (Medium Density
Residential) 5-12 du/ac) and is zoned RM-8 (Multiple Family Residential 8 du/ac). The property
is the site for Coconut Key multiple family residential development.
Allowable land Uses:
Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning
districts which accommodate single family and multiple family units (R-1 thru R-1-MÄ, RL,
PRD, and RM) are allowed. The applicant has requested an initial zoning designation of RM-8
(Medium Density Residential - 8 du/ac). This zoning is consistent with the proposed land use
designation.
Planning and Zoning Board Meeting of 08/15/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 4
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
The proposed Medium Density Residential (RM) zoning district is consistent with the
proposed Medium Density Residential (MD) FLUM designation. Multiple-family townhouse
developments are allowed in an RM zoning district as a permitted use at a base rate of six
(6) units per acre. Increases above that density are only allowed if the subsequent
development substantially complies with the performance standards listed in LOR Section
4.4.6(1). Compliance with these performance standards will be assessed during the site
plan approval process. Based on the above, positive findings can be made with respect to
FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from County HR-8 to City MD on
six adjoining parcels, which total approximately 4.85 acres. The proposed FLUM
Amendment will result in an increased impact on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic
and Water and Sewer are discussed below:
Parks and Recreation: The annexation of the property to accommodate a town house
development will create an additional impact on park and recreational facilities. The
proposed RM-8 zoning district will allow 39 additional units. Pursuant to Land Development
Regulations (LOR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be
collected prior to issuance of a building permit for each unit. Based upon the proposed
FLUM Amendment and Rezoning, the maximum allowable density (8 du/ac) would allow 39
dwelling units, thus requiring a park impact fee of $19,500 which will be collected before
issuance of a building permit.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. Palm Beach County School District has
approved a concurrency determination for the development proposal.
Solid Waste: Three out the six subject properties currently contain single family homes and
therefore have a minor impact on this level of service standard. Assuming the proposed
maximum density (8 du/ac), the subject properties will generate 20.28 tons of solid waste
per year (0.52x39=20.28). The increase can be accommodated by existing facilities and
thus, will not have a significant impact on this level of service standard.
Planning and Zoning Board Meeting of 08/15/05: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 5
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the southeast corner of the
abutting shopping center to the North (Points West Plaza). With future development of this
property, looping of these systems as well as 8" main extensions will be required. Along
the new mains, fire hydrants will have to be installed with a minimum spacing of 400'.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant at build-out.
Sewer: Sewer service is available adjacent to the site via an existing 4" force main along
the west side of Military Trail. With future development of the Gramercy Square installation
of a lift station will take place along the east property line, thus, sewer main extensions to
the west property line will be required. Country Club Acres to the south is served by county
services. Pursuant to the Comprehensive Plan, treatment capacity is available at the South
Central County Waste Water Treatment Plant for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposal involves annexation of unincorporated property which requires changing the
FLUM designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows residential (single and
multiple family, offices and retail). As the City's FLUM designation is of similar intensity as
the advisory designation this request meets the demonstrated need. It is noted that the
proposed RM-8 designation would allow a maximum density 8 du/ac) which is equivalent to
what is currently allow under the county designation of (HR-8). Further more given the
adjacent land use patterns and density, a maximum density of 8 du/ac is compatible.
Housing Element Policv 8-2.2: The development of new adult oriented communities
within the city is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 or 4 bedroom units and activity areas for children
Planning and Zoning Board Meeting of 08/15105: Staff Report
Gramercy n - Annexation with Initial Zoning of RM-8 and Small-Scale FlUM Amendment
Page 6
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area. and for projects having
fewer than 25 units.
The subject property (4.85 acres) will be combined with the 13.63 acre Gramercy Square
townhouse development. The Gramercy Square townhouse development extensive
frontage along Military Trail along with the depth provided by the six (6) Gramercy parcels
(subject of this annexation) is an appropriate location for a multi-family development.
Provided that the proposed future townhouse development expansion accommodates
households with a range of ages, with an activity area for toddlers and teens, and a varied
combination of bedrooms positive findings can be made with respect to this policy.
Future Land Use Element Objective A-1: Property shall be developed or redeveloped
in a _ !11anner so that the future use and intensity is appropriate in terms of soil.
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complimentary to the adjacent residential areas. Under
the MD FLUM designation, a range of 6 to 12 du/ac is allowed. The requested zoning
designation of RM-8 will be compatible with the adjacent development patterns. The
property is bound on the south by the LWDD L-34 Canal, and to the north by the Points
West Plaza. It is noted to the west of these unincorporated parcels are city parcels also
limited to 8 du/ac. The requested RM-8 zoning would be similar to properties to the east
(Gramercy Square) and west (Coconut Key). The existing single family subdivision located
to the south has a designated land use of LD (Low Density residential). The subdivision is
separated by the LWDD L-34 canal and landscape buffering will have to be provided
around the perimeter of the subject property to mitigate any potential impacts.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, if limited to a maximum density of 8 du/ac this designation will be
compatible with adjacent development patterns. Compatibility with the abutting low density
residential properties to the south (Country Club Acres) and west (Coconut Key) is not a
major concern. With development of the site as a town house development, the City
requires that trees must be installed every 25' along the south property line abutting single
family residences. Along with other LDR requirements this will assure compatibility with
surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
During the site plan review process the development proposal will be reviewed for
compliance with the LDR. The applicant has indicated intent to develop the properties as a
multiple-family townhouse development, which is permitted under the requested RM zoning
district and is compatible with the proposed MD FLUM designation. At this time no issues
have been identified which would prohibit compliance with the requirements of the RM
zoning district. Buffering particularly with respect to the adjacent single family area to the
south will be required.
Planning and Zoning Board Meeting of 08/15/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 7
. 'I..!';,'~~" ~ '. .:.".1, .: '~..., I~}"~ I' 't', ,:?'., ANNEXATION "·ÂNALYSIS: " . I . ~ I.r~~{· ~:.' ~ '::~~'
. 'I' . . . . "
Florida Statues Governing Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, the total 4.85 acres is currently an enclave. This action will eliminate
this enclave which is consistent with Florida Statutes.
Land Development Regulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desiqnated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the west side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office.
located at 345 South Congress Avenue. which serves the South County area. The property
lies within Sheriff Patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Oelray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Del ray Beach's Police Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time is
significantly improved upon annexation. Annexation will not require additional manpower
·
Planning and Zoning Board Meeting of 08115/05: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 8
since the police currently pass the property during routine patrolling to the north, west and
east of the property.
Fire and Emerqencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and Lake Ida Road or Fire Station #5 located on
Germantown Road).
Water and Sewer: City services regarding water, sewer, schools, parks and recreation have
previously been discussed under Future Land Use Analysis section of this report.
Streets: Access to the property is currently from. Atlantic Avenue through the Points West
Plaza to the north which connects through a private access tract and cross access easements
which run through and behind an existing shopping center. The applicant has indicated that
upon approval of the annexation, the subject property will be combined with the proposed
Gramercy Square Townhouse development to the east and a site plan application will be
submitted for expansion of the approved town house development. Thereafter, the subject
property will have direct access from Military Trail which is under the jurisdiction of Palm
Beach County. The jurisdictional responsibility and associated road maintenance will not
change upon annexation. A revised traffic study for the subject property will have to be
submitted. A letter from the Palm Beach County Traffic Division stating that the proposal
complies with the Traffic Performance Standards in Article 12 of the Palm Beach County Land
Development Code will be required. Based upon the above a positive finding with respect to
traffic concurrency can be made.
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
[J;:~~_~;j:2;~;"",-~~,,,,,,"7.~::"~..', :.~)··1 ~,~;::O:;,~:~~:y;~ ~!~:~~j_:.:.~:."_:;?;.~~~:-'..--5"j[i~~.~·;:{~J;~:;~~;J:~~·",~~~1.. ~~'J
5090 $17,225.00 $336.00 $234.00 570.00 19.50653 23.718094 $408.54 $181.44 $589.98 $19.98
5100 $35,706.00 $696.00 $234.00 930.00 19.49252 23.718094 $846.88 $181.44 $1,028.32 $98.32
5101 $5,765.00 $112.00 $469.00 581.00 19.42758 23.718094 $136.73 $181.44 $318.17 -$262.83
5110 $83,592.00 $1,630.00 $33.00 1,663.00 19.49947 23.718094 $1,982.64 $33.00 $2,015.64 $352.64
5120 $83,592.00 $1,630.00 $33.00 1,663.00 19.49947 23.718094 $1,982.64 $33.00 $2,015.64 $352.64
5130 $83.592.00 $1,630.00 $33.00 1,663.00 19.49947 23.718094 $1,982.64 $33.00 $2,015.64 $352.64
TOTAL $309,472.00 $6,034.00 $1,036.00 $7,070.00 19.49773 23.718094 $7.340.09 $643.32 $7,983.41 $913.41
For the 2005 tax year the subject property (six parcels) had a combined assessed value of
$309,472. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
Planning and Zoning Board Meeting of 08/15/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 9
:- 7~:,~~~~':::~T'-- "-~~:~F::,;~~~_r,"; _~~--;~~~ t~~~: ~-~ ~-:~;~- - ~-~-~$i~:-~ ~
~~:!-;r_;~'!I.i_~,,;~,=-,~~~ ~~~4_": ~_~.; ;;,~~_~j ~~~~-~-:i'-~ ~!IJ-mJ' ;";.s- ~~r~ ~j
Fire/Rescue MSTU 989.99 3.198965 DELETE 0.00 0.00
Palm Beach County lib. 167.19 0.540243 DELETE 0.00 0.00
Palm Beach Co.lib.Debt 12.51 0.040424 DELETE 0.00 0.00
Florida Inland Navegation 11.91 0.038485 11.91 0.038485
Health Care District 340.42 1.100003 340.42 1.100003
Children Service Council 213.61 0.690240 213.61 0.690240
Palm Beach County 1,392.61 4.499955 1.392.61 4.499955
Palm Beach County Debt 82.85 0.267714 82.85 0.267714
Public Schools Debt Servo 84.78 0.273950 84.78 0.273950
Public Schools Loc.Board 802.15 2.591995 802.15 2.591995
Public Schools State Law 1,722.51 5.565964 1,722.51 5.565964
SFWMD District 184.74 0.596952 184.74 0.596952
SFWMD EverQlades Const. 28.73 0.092836 28.73 0.092836
City of Delray Beach 7.466100 Added (City) $2,310.55 7.466100
City of Delray Beach Debt 0.533900 Added (City) $165.23 0.533900
. '<'(.~ "~"~su~tõ~ ·_1ti~røø ';;-',;,,,.7(3 .~...' .., ,"";. '~!t~~11ID94
h~~l
* Total tax millage in the county is 19.50653 mills while in the city the total millage is
23.718094 mills. Therefore the difference is 4.22037 mills.
The current yearly ad valorem taxes are $6,034. With annexation the yearly ad valorem taxes
will be $7,340.09, (6,034+1,306.09=7,340.09); an advalorem tax difference of $1,306.09
(309,472x4.22037/1000=1,306.09). It is noted that with the non-advalorem reduction upon
entering the city the net difference is reduced to $913.41 per year. In addition to property
taxes, the following Non Ad Valorem financial responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. If the property is developed as a multiple
family complex or is subdivided for residential purposes, an assessment of $54.00 per unit
would be applied. A 25% discount from the assessment is available since the property is
within the Lake Worth Drainage District. An additional 25% may be available if drainage is
retained on site. As the property is currently vacant, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a)
.. if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter". As
the waste provider is currently the same this annexation will have no impact.
Planning and Zoning Board Meeting of 08/15/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 10
Resultina Impacts to Property Owners:
,,--= ,,-n;-'7r"~ ~~ ~ ~~~ t~~~;~~;!~L. ~:f~·:~~~~g~~~:-;~~~ll~~ _~_~ "h~~ ~
- . ~ ~~~ -- ~ -~ ~ ~ -" , ""
AD VALOREM TAXES 2005 + $1,306.09
City Mills. County Mills
23.718094 - 19.49773 = 4.22037
NON AD VALOREM CITY TAXES 2005 $643.32
NON AD VALOREM COUNTY TAXES 2005 $1,036.00
DIFFERENCE -$392.68
ANNUAL FINANCIAL IMPACT: + $913.41
Fire Response + Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci
Emergency Medical + Faster response from an estimated 5.5
Services EMS minutes Coun to 2.5 minutes Ci
Police + Better response based upon more officers
in field; 14 patrotl cars per shift daytime,
15 atroll cars durin the ni ht.
Code Enforcement + Pro-active vs reactive opportunity to work
with o e owners.
Fiscal Impacts to the City: At the 2004/2005 City operating milage of 7.46617mills and debt
rate of 0.5339 mills, the property will generate approximately $1,306.09 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
The annexation of the property to accommodate a town house development will create an
additional impact on park and recreational facilities. The proposed RM-8 zoning district will
allow a maximum of 39 dwelling units:' Pursuant to land Development Regulations (lOR)
Section 5.3.2, a park impact fee of $500.00 per dwelling unit ($19,500 total) will be collected
prior to issuance of a building permit for each unit.
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AD VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $2,310.55
City of Delray Beach Debt (0.5339 Mills) $165.23
SUB-TOTAL $2,475.78
NON-AD VALOREM TAXES
Stonn Water Utility ($54 per unit) $2,106.00
SUB-TOTAL $4,581.78
PARK AND RECREATION IMPACT FEE
Future 39 units townhouse development, $500 oer unit $19,500.00
TOTAL $24,081.78
Planning and Zoning Board Meeting of 08115/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 11
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Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is RM-8 (Medium Density Residential 8 du/ac) while the
current County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: City RM-8 to the west; City RM-8 to the east; City
PC (Planned Commercial) to the north; and County RS (Single Family ~esidential) to the
south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
Housinq Element Policv A-3.2 - The most restrictive residential zoning district that is
applicable given existing development patterns and typical lot sizes shall be applied to
these neighborhoods and affixed to the zoning map. Requests for rezoning to a
different zoning designation, other than Community Facilities, Open Space, Open Space
and Recreation, or Conservation shall be denied.
This policy relates to areas which are designated stable residential on the Residential
Neighborhood Categorization Map. The following table identifies the neighboring residential
developments and their respective densities:
Develo ment Densi
Count Club Acres 3.5 du/ac
Gramercy Square 8.0 du/ac
The Hamlet 1.0 du/ac
Legacy at Sherwood 7.93 du/ac
Forest
Coconut Key 8.0 du/ac
Sherwood Forest 4.5 du/ac
The table indicates that the surrounding single family developments are less than 4.5 dwelling
units per acre. The Legacy at Sherwood Forest and the proposed Gramercy townhouse
developments are the most recently approved multiple family projects which have a density of
8 dwelling units per acre. Therefore, a rezoning of the subject property with a maximum
density cap of 8 (RM-8) would be consistent with direction given in Housing Element Policy A-
3.2 and in harmony with the development pattern in the area.
Future Land Use Element Policv A-1.5 - As the City has an ample supply of housing
designed to accommodate its seasonal and retirement population, new residential
developments shall be designed for a balanced demographic mix of permanent year-
Planning and Zoning Board Meeting of 08115105: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 12
round residents. This shall be accomplished through the implementation of policies
from Objective B-2 of the housing element.
Housina Element Policy B-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed during the site plan review process.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under land Use section of this report
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Section 3.2.2 (Standards for Rezonina Actions): standard "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
A) The most restrictive residential zoning district that is applicable given
existing patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezoning to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties, as well as properties to the west (Coconut Key
Townhouses) and to the south (Country Club Acres) are noted as Stabilization area
on the Neighborhood Categorization Map. The rezoning is required with the
annexation request. The proposed RM-8 (Residential Medium Density 8 du/ac)
zoning designation is consistent with the prevailing land use patterns.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
·
Planning and Zoning Board Meeting of 08115105: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 13
As previously noted the requested zoning will result in development that is
compatible with adjacent development.
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate City zoning designation be applied. The RM-8 is appropriate and
consistent with adjacent development.
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The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On July 20, 2005, the Palm Beach County Planning Division was notified of the City's intent to
annex this property. Response has not been received to this date.
Lake Worth Drainaae. District:
On July 20, 2005, lake Worth Drainage District was notified of the City's intent to annex this
property. Response has not been received to this date.
IPARC Notice:
Notice of the Future land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Carolyn Zimmerman, President Council
o Herbert levine, Hamlet Residents Association
o Jerry Franciosa, PROD (Progressive Residents of Delray)
Planning and Zoning Board Meeting of 08/15105: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 14
o Fred and Sandy Beaumont, Country Club Acres HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
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Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City's MD Land Use Map
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The application of an initial zoning designation of RM-8 is compatible
with the surrounding development pattern and is consistent with the proposed FLUM
designation, and with the zoning category assigned for the property to the east and west.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will experience a slight increase in ad valorem taxes. Upon development of the
property for residential purposes, storm water assessment fees will also be imposed. The City
will receive additional revenue from property taxes, in addition to storm water assessment fees
utility taxes, franchise fees, and licensing fees upon development. The total immediate
revenue increase is approximately $2,475.78, a year. If the annexation is approved, it is
anticipated that a site and development plan will be submitted. Compatibility of any specific
development proposal with the adjacent developments will be required at that time. Based
upon the above, the proposed Annexation, Future Land Use Map Amendment and associated
Rezoning application should be approved.
I '<f;'!" ", Ai.. tI;:RNAtllll,:,~¢tiONS ' , ' - . ":: -:····-:~~I
.{,
A. Continue with direction.
S. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential 10 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, and does not meet
the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Planning and Zoning Board Meeting of 08/15105: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FlUM Amendment
Page 15
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Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential RM - 8 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan, and does meet the
criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: Location Map
.
Staff Report Prepared by: Estelio Breto, Senior Planner
-.-
CC CtLrð~~
CITY OF DELRAY BEACH
NOTICE OF ANNEXATION, REZONING AND
LAND USE CHANGE ORDINANCE NO. 65-05
The CIty Comm.SSlon WIU conduct a PublIC Hemng on TUESDAY. SEPTEMBER 20, 2005, AT 7:00 P.M. on the
CommISSIon Chambers at CIty Hall, 100 N W 1>1 Avenue, Delroy Beach, Flonda (or at any oont.nuabon 01 such
meeting which IS set by the City Commission) At thiS meehng the Gty Commission W111 consider annexing thiS prop-
er1y and adaphng II", small scale amendment to the Fuiure land Use Map of the ComprehenSIve Plan and the rezon-
.ng The h1le 01 the enachng ordonance IS as follow>
. A small scale Fuiure Land Use Map IFlUMI amendmenl FROM County HR-8 (HIgh OooSlty ROSIdenhal 8 du/ac)
TO CIty MD (Med.um OooSlty ReSldenhal 5·12 dul ac). and rezOning FROM County AR IAgncuhuml Resodenhal) TO
City RM-8 (Med,um OooSlty Residenhal 8 du/cel for a 4 85 acre property known as Gramerry Sqvare IlIooo1ed on
the We.1 .1de 01 Mll.tory TraIl approximately 700 F.et south 01 Atlanhc Avenue Ø)
ORDINANCE NO. 65-05 CD
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...
AN ORDINANCE OF THE 01Y COMMISSION OF THE 01Y OF DElRAY BEACH, FLORIDA, ANNEXING TO THE '"
CITY OF DElRAY BEACH, A PARCEL OF lAND LOCATED 710 FEET SOUTH OF WEST ATIANT1C AVENUE AND g
620 FEET WEST OF MlUTARY TRAIL, 1'$ MORE PARTICUlARLY DESCRIBED HEREIN, WHICH lAND IS CONTIGU- ::>
Õ
OUS TO EXISTING MUNICIPAl UMlTS, REDEANING THE BOUNDARIES OF THE CITY TO INCWDE SAID lAND, (I)
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PROVIDING FOR THE RIGHTS AND OBlIGATIONS OF SAID lAND, AFFIXING AN OFFICIAl lAND USE DESlG- ...
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NATION Of MD (MEDIUM DENSITY RESIDENTIAl 5-12 DU/ Act FOR SAID lAND TO THE FUTURE lAND USE CD
MM 1'$ CONTAINED IN THE COMPREHENSIVE PIAN, ElfCTlNG TO PROCEED IA>lDER THE SINGLE HEARING (I)
l!:
AOOPT1ON PROCESS FOR SMAll SCAlE lAND USE PIAN AMENDMENTS, PROVIDING FOR THE ZONING ::r
THEREOF TO RM-8 (MEDIUM DENSITY RESlDENTIAl-B UNITS PER ACREI DlSTRIG, PROVIDING A GENERAl Z
(I)
REPEAlER ClAUSE, PROVIDING A SAVING ClAUSE, AND AN EFFECTlVE DATE ~
CI>
I
A MN' (nol to scalel DEPlCTlNG THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN ~
BELOW A COMPlETE LEGAL DESCRIP1l0N BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND ë:
...
A COPY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE OBTAINED FROM THE OFACE OF THE 01Y ~
CI)
CLERK, OTY HAll, lOON W 1 ST AVENUE, DElRAY BEACH, FLORIDA (I)
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All .n!erested ahzen. are InVited 10 atfend the pubtlC heanng and comment upan the proposed ordinance or submit
theor comments in.wnhng on or before the date 01 thIS heanng to the Plannong and Zonong 0epartmenI For fur1l>er
onformahon or 10 obtaon a copy 01 the proposed ord.nance, please oontact the PIar1ntng and Zoning Oepar1ment, City
Half, 100 N W 1 sl A",nue, Delray Becxh, FIanda 33444 (emall at pzmail@n,ydelrqwlannong_an;¡ or by callIng
(561 )243-7o.IDJ, beIween the hours 01800 a m and 500 p m on wækdays excludIng holIday.
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAl J;N( DECISION MADE BY THE 01Y COMMISSION
WITH RESPEG TO J;N( MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WIll NEED A VERBATlM
RECoRD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VER-
BATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INQUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAl IS BASED THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT
TO FS 2860105
OTY Of DElRAY BEAOi
Chevelle D Nub,n
CIty cleric
PUBUSH Fnday, September 9,2005
Fnday, September 16, 2005
Boca Raton/Delray Beach News
AdIINS09053
------ ----
c C CtVlO(~
CITY OF DELRAY BEACH
NOTICE OF ANNEXATION, REZONING AND
LAND USE CHANGE ORDINANCE NO. 65-05
The City CommlSslOß WIll conduct a PublIC Heanng an TUESDAY. SEPŒMBER 20. 2OOS. AT 7:00 P.M. In !he
CorrvnlSSlon Chambers 01 CIty Hall, 100 N W 1 sl Avenue, Delroy Beach, Florida lor at any canhnuatian of such
meehng wluch IS set by the City CommISSIon) At thIS meetIng the City Corrvn,ssion will conSIder annexrng II", prop-
erty and acIoptrng thIS small scale amendment to the future land Use Map of the ComprehensIVe Plan and the rezon-
Ing The bde of the enacting ordinance IS os foUows
. A """II scale Fu1ure land Use Map (FlUM) amendmenl FROM County HR-8 (HIgh DenSIty ReSldenhal 8 du/ac)
TO Gty MD (Med,um DenSIty Resldenhal 5-12 du/acl. and rezonIng FROM County AR (Agrlculiural Resident""! TO
CIty RM-8 (MedIum DenSIty Res.denhal B du/ ac) far a .\ B5 acre property known as Gromercy Square II located 00 ::;:
the Wesl "de of Mllrtary TrOll appraxlmalely 700 feet south of AtIonhc Avenue ::;:
::;:
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ORDINANCE NO. 65-05 0
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH, flORIDA, ANNEXING TO THE ::;:
en
CITY OF DElRAY BEACH, A PARCEL OF lAND lOCATED 710 FEET SOUTH OF WEST ATlANTIC AVENUE AND n
620 FEET WEST OF MlUTARY TRAil, Þ:5 MORE PARTICULARlY DESCRIBED HEREIN, WHICH lAND IS CONTIGU- 0
3
OUS TO EXlSTlNG MUNICIPAL UMITS, REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID lAND, .
PROVIDING FOR THE RIGHTS AND OBUGATIONS OF SAID lAND, AFFIXlNG AN OFFICIAL lAND USE DESIG- aJ
0
NATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/ AC) FOR SAID LAND TO THE FUTURE LAND USE <>
'"
MAP AS CONTAINED IN THE COMPREHENSIVE PlAN. ElEŒNG TO PROCEED UNDER THE SINGLE HEARING :D
'"
AOOPTION PROCESS FOR SMAlL SCALE LAND USE PlAN AMENDMENTS, PROVIDING FOR THE ZONING c;
THEREOF TO RM-B (MEDIUM DENSITY RESIDENTIAl-B UNITS PER ACRE) DISTRICT, PROVIDING A GENERAL ::::J
0
REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE !2.
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A MAP lnot to scale) DEPIŒNG THE GENERAl lOCATION OF THE PROPERTY TO BI' ANNEXED IS SHOWN aJ
'"
BELOW A COMPlETE LEGAL DESCRlPTlON BY lOT AND SUBDIVISION AND/OR METES AND BOUNDS AND '"
<>
A COPY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY :::r
CLERK, CITY HAll, 100 N W 1 ST AVENUE, DElRAY BEACH, flORIDA z
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AlI'nlerested crtlzens are Invited to attend !he public hearing and comment upon the proposed ord,nance or submrt
!he" comments In writIng an or before the date of thIS hearing to !he PlannIng and ZonIng Depar1menl For further
Inlarmahon or to obtain a copy of the proposed ord,nance, plea... canlacl the Planmng and Zomng Department, CIty
Hall. 100 N W I sl Avenue, Delroy Beach, Florida 33444 (ema,1 at pzrnaM~mydelrqyplanmna,òrg or by caDlng
(561 )243-70401. between the hours of 8 00 a m and 5 00 P m 00 weekdays excluding halrdays
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ÞNY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ÞNY MAlTER CONSIDERED AT THIS HEARING, SUCH PERSON WIll NEED A VERBATIM
RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH ÆRSON MAY NEED TO ENSURE THAT A VER-
BATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH REC9RD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED THE CITY OOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT
TOFS 2860105
CITY OF DElRAY BEACH
Ch"",,11e D Nubtn
Gty Clerk
PUBUSH Friday, September 9, 2005
Froday, September 16, 2005
Boca Raton/Delroy Beach News
AdIINS09053