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17-97 PETITION WITHDP, AWN BY APPLICANT ORDINANCE NO. 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE 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 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Pathways to Recovery, Inc. is the fee-simple owner of a 3.58 acre parcel of land located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road; and WHEREAS, Kilday & Associates, as duly authorized agent for the fee-simple owner hereinabove named, has 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 designation of MR-5 (Medium Density Residential - 5 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Medium Density Residential 5-12 dwelling units/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as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and PETITION WITHDRAWN BY APPLICANT WHEREAS, the designation of a zoning classification is part of this proceeding, and provisions of Land Development Regulations Chapter Two have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 March 17, 1997, and voted 3 to 2 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North 521.00 feet of the South 771.00 feet of the West One-Quarter (W 1/4) of the Northwest One-Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the West 40.00 feet for road right-of-way, more particularly described as follows: Commencing at the Southwest corner of the Northwest One-Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East; thence run North 0 degrees 00'00" East, along the West line of said NW 1/4, NE 1/4, a distance of 250.13 feet to a point on said West line, also being the center line of Barwick Road (80' road right-of-way); thence run South 88 degrees 10'24" East, a distance of 40 feet to a point on the east right-of-way line of Barwick Road and the Point of Beginning; thence continue along the last described course, a distance of 295.82 feet to a point on the east line of the West One-Quarter (W 1/4) of the NW 1/4, NE 1/4 of said Section 12; thence run North 0 degrees 04'35" East along said East line, a distance of 521.24 feet to a point; thence run North 88 degrees 10'25" West, a distance of 296.52 feet to a point on the East right-of-way line of Barwick Road; thence run South 0 degrees 00'00" West along said East right-of-way line, a distance of 521.26 feet to the Point of Beginning. - 2 - Ord. No. 17-97 PETITION WITHDRAWN BY APPLICANT The subject property is located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road; containing 3.58 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Medium Density Residential 5-12 dwelling units/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 3 - Ord. No. 17-97 PETITION WITHDRAWN BY APPLICANT Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning 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 , 1997. MAYOR ATTEST: City Clerk First Reading April 1, 1997 (in order to schedule for Public Hearing) Second Reading April 15, 1997 (postponed to May 20, 1997, at applicant's request) May 20, 1997 WITHDRAWN BY APPLICANT - 4 - Ord. No. 17-97 PETITION WITHDRAWN BY APPLICANT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I SUBJECT: AGENDA ITEM ~/~)'~'- REGULAR MEETING OF MAY 20, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 17-97 (ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT AND INITIAL ZONING FOR PATHWAYS TO RECOVERY, INC. ) DATE: MAY 15, 1997 At the April 15th regular meeting, the Commission granted a request for postponement from the applicant and continued this matter to the date certain of May 20, 1997. Hence, it appears on your agenda. The application was subsequently withdrawn by the applicant (see attached letter from Michael S. Weiner, Esquire). The matter is now moot and the Mayor should publicly announce at the May 20th meeting that the petition has been withdrawn from further consideration. ref:agmemol2 TO: Kenneth Ellingsworth, Commissioner, b/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: '~ Mr. &Mrs. Aaron Laibelman Date: 0 4.0 3-'0~ -- ~.~ 4055 Laurelwood Ln. Address: ~ Delmy Beach, FL 33445-3506 TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: /~lt.-T~,~ /-t/,4~...JK/,.¢_~ Date: z¢-~-?'.'7 Address: / ........................ t,-,, ,t. ~alrmtq th~. dc~ffc, d linp.~ ........................... TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~"~c:f:7~.-~-- ~ ../,,¢~' ~ ~'~,_ ~,,../ Date' ~/2-~ ~' ~ Address: / 3/j- ..~'% ~'-~ &. L,,~-/,-¢-~ ~ / TO: Kenneth EIIingsworth, Commissioner, c/o City of Delray Beach. 100 N.W. 1st Avenue. Delray Beach, FL 33444 RE: File ~'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I ~e recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at M R-5, which is consistent with current and desired development. I live in the area of the propo?ed zoning change at: . .. _ Name Date TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: ' File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the PropertyOwner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to Zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Name: Sincerely, Addre~-//?~ ~'(-/' // TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner EIlingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: L\~(~O, ~v~.~dc)i"~llr~v~ -. Date: q-~_C~ 'i'O: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map,Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. sincerely, Name: '....~?)74~ ~j~ )~;~ Date: ~/~/~ Address: ~/(~ ~ ~x~,~ ~ O~ ~A,q~ ~ f.z~,~ ~_~ ~ ~ ~ ~ ~5- TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. S,ncerely, Name: ,,~.~-~ ,~".~-~' Address?" TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~ ~",~ltJ ~. ~,t,~l~ '~ ~(~.~ Da,~. ~ ~-~ ~'~ Address: TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: ' File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to Zone this land at 8 units per acre. This land is Iocate~ ir),a p,~,6'¢'ominantly single family residential neighborhood with large lots. Zoning should be set a/I~lRr,~,/v~hich is consistent with current and desired development. I JJ.ve in the area of the~,oi'opo~e~l .z'.~ng change at the address below. Sincerely, Name:~,"~;r".)~-¢,,,,~([~/~¢''~¢'''Z Date: ¢///~/~ ? Address: / 77,r" ,.~"~/~ Z~.-~,= ~-r TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ./'~. I ~--,_~' ~-~,~..,~--~ Date: ~- ?'"- "~'~ Address:/'/ /~5'-/'~ ~ ~ ~ TO: Kenneth Ellingsworth, Commissioner, i/.//.,// 33444/! f' T~,"';-~_ '-/ c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL / ..,,/._ _ RE: File #'s 97-075 and 97-076: , / "Proposed Annexation, Future kanO Use Map Amendment (Small Scale) and mkia Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." / Dear Commissioner Ellingsworth' I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~ ~~ -~'7"~-6e'7'¢-.:,~, Date: Address: ~,¢(~o ~~[c- ~ ~ ~ ,4t.t--~-c~, TO: Kenneth Ellingsworth, Commissioner, c/o City of Dehay Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: '"Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~ k ~ F, ~ ~ ~ o o ~ ~~ Date~. ~- ~- ~ TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 334~.4 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner EIlingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~-'~-,,~-~~~ Date: /---~".- ~- Address: J~¢:~'~A ,/-"'.~---"~¢'.,'~/~'/~_-.,~_--~"',,~- /--~,'~. TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: '~~ ~ ~-/--e_. ~.~,~-.~..~- Date: Address: ~2'.~5~ .~,~~ ,~ d.~¢-- x'O-4.~,~.~_~: ;,,, TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: '"Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: mr', f-/v]r"5 ~bc~)l o /:~/~ ~f~ ~ Date: q'-~, Address: ,~,t'~,5'/'//~vcS'¢,~""~,,n J4/~/~ ~ r-~v .,~c./u ~ ,~/. .~ ~ ........................ /*-,~ ~f ,-~1,.',.~ ~.1~,~ .,-h.-,,t.t~,,-I llr-.~,\ .................. TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the PropertY Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to Zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I~ve in the area of the proposed zoning change at the address below. Sincerely, N a m e: ~/~,'~./?=/~,/~ /~/~'J~Z~ _ _:/ Date' ........................ (n~t a]or~n th~ r, lnff~H lin,~ ........................... ing~orth, Commissioner, " cio City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 File #'s 97-075 and 97-976; "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." ~ Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to ~ this land at 8 units per acre. This land is located in a predominantly single family residential qborhood with large lots. Zoning should be set at MR-5, which is consistent with current and ~ed development/. I live in the,~rea of the proposed zoning change at the address below. erely, N ame:("~L. ~ ,~~ ~d--)L.~. ,~ Date: Address~/30/,.~ ,.:~ ~ [.,) ,z~ / / z5/~,c< ~-~r~ Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to this land at 8 units per acre. This land is located in a predominantly single family residential nborhood with large lots. Zoning should be set at MR-5, which is consistent with current and -ed development. I live in the area of the proposed zoning change at the address below. er ely, Name: ~.~¢~¢.-X/~,~z'.~¢-./~.~ Date: Address: / -'<~:/~:~ ,~._.,~'~.Z..~-~'_. ,~ ~_~.~..~ ,~~ TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~_~qr~S ~. ~r, ~SLr~c~ Date: Address: zt'~A¢2 N "~r~; c.~ '~,o~c.e~ C~ ¢- .............. (m ,t ~lona the dotted line~ ........................... TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth' I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ?hl!ip Latone & ,.Tct]_ia Latone Date: 4/3/97 Address: ~875 Sabal Lakes Road, De!ray Beach, ~1. 33445 TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial ..~, Zoning Initiated by_the Property Owner.for Pathways to Rec.overy, Igc." uear L;ommissioner ~-uingsworm: ~ oppos mr g ~,nd Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely,Address:Name: ~ Date: /'//'/,~/~? TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE:' File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the PropertY Owner for Pathways to Recovery, Inc." Dear Commissioner EIlingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. S,ncerely,' Name: .~_ .~, ,~'/z'/'/U~',5; ,~ .~ ./c/'~7¥".~/~' Date: ~-" ~- ~'~ Address: //~-/,5~"' ~'..Z,4-'./~/.-~,~C, /,i, j~.~./_,~//?/ ~f/~. X/~ ~-Z- ~ W,~f TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner EIlingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~//'~ {~~ ~//~ Date' Address: ~'~',~' ~"'_~-~_~. ~ ~ ~/~.. ~...~ ~ .~~"~ c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: ".Proposed Annexation, Future Land Use M~p Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear C'ommissioner EIlingsworth: 0.)l~oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. / '1' Kenneth Ellingsworth, Commissioner, / c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 F File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." [ ' Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to z . this land at 8 units per acre. This land is located in a predominantly single family residential r '~borhood with large lots. Zoning should be set at MR-5, which is consistent with current and ¢ -ed development. I live in the area of the proposed zoning change at the address below. .~ ~rely, Name: "~ Ic~o._~,,m _ ~:~,'x - Date: Address: C(o?o ~:~'t booer? (q.~ ~ ~:~y-~Ly //[a-~"~ 3~ ~'~yj-'"- ..................... /~ql · ~l~"~n~ fk~ ;..I~H'."~A I;,,-.~'* TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, N a m e: ..~/"~ ..~h~,~- Addres~ ,,),3'7,0 ~ TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: F, ile #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area o,f the propo~sed ~_oning change at the address below. - Date:..._: Sincerely, Name: TO: Kenneth Ellingsworth, Commissioner, ¢:~,~~~~-.,,~.,/~ ~?~..., RE: File #'s 97-075 and 97-076: / "Proposed Annexation, Future Land Use Map Amendment (Small Scale) Zoning Initiated by the Property Owner for Pathways to Recovery, Inc.' Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Bo~.rd to zone this lan~ at 8 units per acre. This land is located in a predominantly single family residential neighb°rhOdg, with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. · Ltl;;.,' '"~-.. ? I/"-.'--~ .. TO: Kenneth Elhngsworth, Commissioner, / c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 334.~'&, RE: File #'s97-075 and 97-076: '. /i.7,.~ ~.">. .. "Proposed Annexation, Future Land Use Map Amendment (Small Scale)and Zoning Initiated by the Property Owner for Pathways to Recovery, Inc" '"'%~(~/[/// Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: ~,l"/h~ C.,/:! ~'7-,~ ~ Date: '/'7/-°~- Address: ,5 7,0 7 ,5',~%'/x./ ~- .~,~'~-T [. TO: Kenneth EIIingsworth, Commissioner, c/o City of Delray Beach. 100 N.W. 1st Avenue. Delray Beach. FL 33444 .'-. RE: Flie ~'s 97-075 and 97-076: ~a "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial ~ Zoning Initiated by the Property Owner for Pathways to Recover'y, Inc." Dear Commissioner Ellingsworth: I o~e recommendation of the Planning and "~ ~ g Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development, i live in the area ~ ~ of the propo?ed zoning change at: _ Sincerely, ,~~~J~T~~ .¢ Name Date TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: ' File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the PropertyOwner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to Zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, ;" - pate.: TO: Kenneth Ellingsworth, Commissioner, c/o City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444 RE: File #'s 97-075 and 97-076: "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Commissioner Ellingsworth: I oppose the recommendation of the Planning and Zoning Board to zone this land at 8 units per acre. This land is located in a predominantly single family residential neighborhood with large lots. Zoning should be set at MR-5, which is consistent with current and desired development. I live in the area of the proposed zoning change at the address below. Sincerely, Name: L\~O, ~,lC~(~(lr)~ ~ Date: ~-7__-CA'') um-u'l-~F ~'u~^~ ~NUN~N~N ~ONICi ?.A, ~0 243722! 2002 WEINER, MORICl, & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Sw[nton Avenue Delra¥ Beach, Florida 33444 oF COUN$EI.; Telephone; (561) 205-2668 Telecopier: (561} 272-6831 ROBERT MARC SCHWARTZ, P.A. Rorida Bar Board ~lrlHled Real Estate Lawyer VIA HAND DELIVERY May 6, 1997 Ms. Diane Domingu~z Tke City of Delray Beach I00 N.W. 1st Avenue Dekay Beach, FL 33444 RE: Pathways to Recovery, Inc. Item: Future Land Use Map Amendment from County MR-$ to City Medium Density Residential 5-12 Units / Acre and Annexation with Initial Zoning of RM Our File No.: BOMA002 De~r Diane: On behalf of the applicant, wish to withdraw the application for the above captioned matter from consideration by the City of Delray Beach, Florida. Accordingly, would you please remove this as an agenda item from the City Commission meeting of May 20, 1997. If you should need anything further from our offices to confirm this withdrawal, do not hesitate to contact me. Very~yq~rs, . ~ / MSW/rh cc: Pathways to Recovery, Inc. ~'~,,-:-"~ ...... -= ~ ~-'~ TM Att: Mx. Alan Bombart Kilday &: Associates Att: Mr. Kerry Kilday ' ,'~...., ' · BILL- PAGE 0! 1 APR 15 ~ ~ C~, APR 14 igg? PLANNING & ZONING 14:18 §G14967987 BILL S~ P/E 81 4-12-1~37 ~,:07PM FKC}N 5614~,15§~ P. 3 ~. tl. ~ ~:~F'H F' 1 FROH : ~ ~L~qE P~I'tE NO, ; ~12 9~7 554~ _ I I1.1 I,I I _ I II II __ I II - --- Illll I II _~ .I __-- ~ .... PlanWireless V~. 2, No. 4, A~i11997 (~~r~le~U~ ~ Hem and It Looks LI~ "Pr~ect ~gel" ~ ~ F~ ~, ..... ;I devilment of a ~o10~ ~ AT&T ~ ~ ~: ~ ~ ~e · · · ~ · * ~ ~o~M~1~7. ~.~~w~ ~~u~ t ~ ' ' '' ' ' ~ dub~ '~j.t ~.l' ~ AT&T, w~d ~. .e 21mt ~ ' ~' i' ' '''" ~L(Wbe~cml~p)~r~eGm. ~e (ye~2~,~e · -t .... 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Up With ~,~t nowy~ ~y ~ ~g: Their P.ymen~ ~ ~ ~ ~,~,. ~y ~ ~Id ~'s a D, ~ ~d F ~,.. ~s j~t ~ who ~ ~ ~e ~ ~t. ~ ~u~ may 5~S Ap~ 15, ~e ~CC ~ s~ off W~ ~ W~ ~ ~I~ ~, so y~ ms~ mt ev~ ~w about bidd~ who cm't m~ ~ pe~. Ac~ ~ ~ ~d ~ ~t~ d~ ~ ~ ~y h~t too~ ~r s~ce up ~ M~ m~, ~ you ~y w~ ~ ~ ~e~ ~ ~ - ~ ~ r~ some of ~ ~. A ~ ~ ~ ~ ~ - ~ 'm~~.' M~~ mo~ ~? ~ca~ Your ~ or ~ ~ d~ t~g h~ ~ ~c. ~ ~ ~ ~ ~v~ }~ rosy ~ome Come ~ N~ Ham~hire in ~ ~gng ~ wm ~.~ m ~ ~e m ~ ~d ~ ~zd, N~ H~ ~ ~yM, 1~. I~6 ~ l~sl ~ ~ ~ ~'p~t ~ you ~Sht ~ ~ ~ a~ ~ ~, ~ or ~ ~ ~~ ~ ~I~ ~1~ ~ ~ on ~ ~. Se~icea Iff Addition m Plantain · ~ sy/~,/c~t R~ove~ toz P~n~,~ RcvM~ ~ ad~on to pub~h~ · ProlOg r.~~ (R~ ~ ~ Kmln~ & Krel~, Inc. Revi~s Levee fm Ohio Ganfeb to Oieauee ac~a~y ~ere ~ pm~Ny ~y ~ But~ ~~ ~ard of a s~t~e m~a~um? a~ut it ~d ifs a ~/l~/i~! i4:1~ §61~967~87 BILL SCHW/~iq-~Z ~AGE~'~04 4- ~ 2-1997 S: -1 3PM FROH S~ 1 ~S 1 9~39 Reed Hundt ~endt "Greetingl" to ~ Comm~nl~ ~o ~d,te rm~e~ L~ e[u~d~. why ~u~[. ~ a~o~. w~ II ~u~ ci~ o~ cou.~ ~eived a r~ent ~ ~om ?CC pr~fi~o~ ~ of ~m ~ Commbsio2er, R~d Hundt, ~ you ~w ~t ~ u~ ~ (Ce~uhr Tel~e~ca~ [nd~ ~~) G~ow, Chmu of ~ ~o~ of We~ ~ ~ ~g, ~oul~n'~ · ~*~ k~r ~k ~e c16~ to Core,sion ~ Ma~h~ ~ ~ & ~. ~. Y~ comm~ a~ w~me. ~ a~'ays. ~n~ most of ~e ~r ~g ~ result of ~d~ c~ple~ a~ut ~e ~: ~e app~Uo~ ~ ~ usu~ ~ ~M~ n~t~ ~ ~ ~ ~ . Coa~flon~ U~ ~ is ~y ~ ~n the you ~nd ~ ~a, ~ ~0 ~ ~ ~nd~, ~ · ~e C~ ~d ~b~ M~ a R~ to p~ng ~ ~n ~. ~p~ ~ ~ SMSA LP. ~, ~ fo~ ~t ot co~& ~e~es & ~e., Inc. on P~g ~ P~ Tibumn, CA 410 W 53~ ~ S~ ~ I ~/141i~ i4:i~ 5614967987 BILL SCHWARTZ -' ' PAGE' 0§ ~-12-1997 B:ISPM FROM SE;14S13939 P, 7 ~i ~4/14/1997 14:18 5G149G7987 BILL S(~ PAGE 0G 997' 5:'17P{'4 FROM 5614S1 3939 ~q/14f1997 14:10 BG149B7987 BILL SCHH~TZ " PAGE 07 4-12-1997 S,* I?PM FROM NOTICE OF PUBLIC HEARINGS CITY OF POMPANO BEACH, FLORIDA YOU ARE HEREBY NOTIFIED of Public Hearings before Ina Chambers of ttte City Hall Complex, 100 West Atlantic Boulev,~rd, Pompan<; Beact~, Floricla, to consider the Ordinances entitled: P.H. g7~$: AN ORDINANCE OF THE CITY COMMISSION OF ~ THE CITY OF POMPANO BEACH EXTENO~NG THE PREVIOU,~I,,Y ENACTED SUSPENSION OF REVIEW OF ,~ITE PLANS AND ISSUANCE OF BUILDING PERMITS FOR TELECOMMUNICA- TIONS TOWERS, ANTENNAE OR SIMILAR STRUCTURE*~ AND INSTALLATION OF TELE- COMMUNICATION LINES, EQUIPMENT OR HAROWARE, FOR AN ADDITIONAL PERIOD OF 60 DAYS: PROVIDING FOR SEVERABILIT¥; PROVIDING AN EFFECTIVE DATE. The Ordinance~ are available for public ir~$pecti~n at The City Clerk's Office, 100 West Atlantic Boulev;~rd, Suite 253, Pompitno beach, Floricia 33060, All il~terested pecsor~ are urgecl to a~,t~.'nd the Public Hearings, send a representalive, or exp;es$ their views by letter. Any person who (lecigJe$ to ap0eaf any decision of the City Commissior~ with respect to any matter consJclerecl at this meet- ing will need a record of the proceeclin.9$, and lot such purpose, may need to ensure made, whlcl~ recorcl i~cludes the testimony anti evidence upon which the appeal is lo be based. Any per,on requiring e. uxilia~.y alcls anti ~,ervice$ et this meeting may contact the City Clerk's Office et (954) 786-46! 1 el least ~4 hours prior to the meeting. If you are hearing or speecrt lmpe. lrecl, please contac[ the Florida Relay Service I~j using the following numbers', 1-800-g$5.8770 ar 1-800-955.8771. CITY OF POMPANO BEACH, FLORIDA lilY: MARY L. CHAMBERS, CMC CITY CLERK ,, 04/14/i997 ~4:10 5614967987 BILL SCK~P/~FZ PA~E 08 4-12-1997 S:~Pk~ FROM 5614S13939 P. 2 NOTICE OF PUBLIC HEA ING will be held on Wedn~y, ~ril 16, 1997 at 7'.~ P.M. or as s~n ~ereaffer as may be h~rd, in ~e ~mmi~ Chambers of C~ Hall, ~. N.E. 12~ Avenu., O~l~ C..-- ~* ~ ~'~ ~rk, R~, ~ consider the fol~ng: ~ O~inance ~ ~ Ci~ Commi~ion of the Ci~ M land ~. R~a, ~endin= ~h August 4, 1997, to any a~d all fights-of.way a~ earnS, as we~ as rights ~anted by fra~ise, ~ lo ~e p~ment of wires tel~mm~lio~s facilities of any ~tu~ ~e Int~ll~ '- of all lines, ~s, fibers and open vid~ systems of ~y tea ~-~m.. w~, Apdl ~, 199Z nature other than standard Flodda Power and Lig~ ~- ' .-. ' ....... - ~1 lines, Bell ~h telephone lines, ContinUal Cabb~- ~on of Browa~ Coun~ and Core.st M~ HN~s. ~ble televia~n lines, public ~fe~ communities ~d person~ t~ers not for profit, Inclu~ng the i~n~ ~ermits for ~e placemenL i~ll~n, c~stm~ ~dification ~er~f which was ofigi~lly approved ~ hence g6-18 on November 20, 1~, pre,ding for ~ili~; providing for ~nfl~ ~d pmvldlng for an date, If a ~rson decides to appeal any decision made by ~ve Ci~ Commission ~th"r~ to any me. er ered at s~h hearings, he ~11 need a re. rd of the pr~. ings, a~ for such pu~se he may n~d ~ ensure ~ ve~atim re~ of the pmce~inge ia ~de, whl~ retard includ~ ~e testimony a~ evince u~ wh~h ~ ~al is m be based. All interested patios are i~t~ to a~e~ and be ~rd respe~ ~ the able. In ~an~ ~h ~e ith Disabilities ~. per~ n~lng a ~al effort or ~ Interpreter to pa~cipate in this p~ s~ ~nta~ the Ci~ Cle~'s o~e at (954)'561.~10 at least five (5) days prior to ~e date of ~ hea~ng. CITY OF OAKLAND PARK City Cle~ --. April 3, 1997 4593 Sunrise Blvd. Delray Bch, FL 33445 Kenneth Ellingsworth, Commissioner City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 RE: File #s 97-075 and 97-076 "Proposed Annexation, Future Land Use Map Amendment (Small Scale) and Initial Zoning Initiated by the Property Owner for Pathways to Recovery, Inc." Dear Sir: I am writing to voice my strong objections to the proposed zoning change of the 3 acre parcel on Barwick Road adjacent to Banyan Creek Elementary School. As I understand it, the owner is trying to change the zoning from a maximum of 5 units per acre to a maximum of 12 units per acre and the PZB has agreed to rezone at 8 units per acre. This density would be completely out of character with everything else in the area Barwick Road, north of Lake Ida Road, is and always has been, populated with neighborhoods consisting of single family homes on large lots. To allow anything different to be developed or even considered would be a travesty and a terrible mistake. Please Vote NO and urge your fellow commissioners to do likewise when this proposal is brought before you on April 15, 1997. Very Truly Yours, Christopher A Po'try 4535 Sunrise Boulevard Delray Beach, FL 33445 COMMISSION arch 26, 997 Mr. David schmidt, Commiossioner~'' CITY COMMISSION ~ 100 N.W. 1st Avenue Delray Beach, FL 33444 f~P_.- Dear Mr. schmidt: Reference is made to the request of Pathways Drug Rehabilitation Center, located at Barwick Road, Delray Beach, for a zoning change. I have lived at the above address for the past ten years and have enjoyed the nice quiet lifestyle of our area. I would like it to be kept as the quiet residential area that it is. Therefore, I request that you and the City Council REFUSE this zoning change. Thank you. Yours trul~,.,~ Sylvia Hochman HAR 9 I 1997 I CITY COMMISSION March 26, ! 997 The Honorable .lay Alperin, Mayor Ci.ty of Delray Beach City Hall 100 N W 1st Avenue (~~~ Delray Beach. Florida 33444 Dear Sir: We are writing you to voice our opposition to the request 'tbr zoning change proposed by the Pathways Drag Rehabilitation entity. We are absolutely and unequivocally op_posed tO this_pT_o_posed change in zoning. In_o_ur wildest dreams we cannot imagine the care!es__sness__and non- thinking bureanerats who sanctioned such an_operation backing u_p to an elementary school in the first place. Please keep us posted as to public hearings,, commission meetings, etc, when this topic may be discussed. Very sincerely. Mr. and Mrs. Norman Gold 4065 Sea Grape Circle Delray Beach. Florida 33445 March 27, 1997 Mayor Jay Alperin 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Proposed Zoning Change - File #97-075 & 97-076 Dear Mayor Alperin: I am writing this letter as a very concerning citizen of Delray Beach and resident of Sabal Lakes. We moved into the Sabal Lakes development approximately one year ago and very much enjoy living in beautiful Delray Beach and have felt safe and secure in our residential neighborhood with our two children, ages 8 and 5. Upon receiving notice of the owner of Pathways drug rehabilitation applying for a zoning change I suddenly felt very threatened by the thought of expanding such a facility at the back door of our family neighborhood and the security of our children and our home. The entire immediate vicinity around the Pathways has been developed single-family residential and the value of our homes and property stand to lose substantial value should the City Commission allow such a zoning change. I urge you along with the City Commission of Delray Beach to consider such a zoning change very inappropriate for the area and to not allow such a threat to our children to be present at the back door of our community and community school. I will be present at the meeting on April 1, 1997 and hope the City Commission will listen to the voice of the community and not allow this proposed zoning change to affect our children, our properties, and our very peaceful residential communities surrounding this piece of property. Please do the right thing. Sincerely, Mindy Ba~ne Sabal Lakes Resident MARCH 28, 1997~, REFERENCE: FILE NUMBERS 97-075 AND 97-076. KENNETH ELLINGSWORTH, COMMISSIONER CITY COMMISSION 100 N.W. IST AVENUE DELRAY BEACH, FLORIDA 33444. DEAR MR. ELLINGSWORTH: PLEASE DEFEAT THE PROPOSALS CITED ABOVE TO REZONE THIS AREA~ IF THE PROPOSAL TO EXPAND THE PATHWAYS DRUG REHABILITATION CENTER IS APPROVED IT WOULD CAUSE ADDITIONAL FEARS OF POSSIBLE DANGER TO THE AREAS CHILDREN ATTENDING BANYAN CREEK ELEMENTARY SCHOOL AND HOMEOWNERS IN THE IMMEDIATE SURROUNDING AREA. SECONDLY, IT WOULD CREATE ADDITIONAL TRAFFIC PROBLEMS THAT ALREADY EXIST DUE TO THE TRAFFIC PROBLEMS ALREADY CREATED BY THE SCHOOL. LASTLY, THE VALUE OF EXISTING HOMES WOULD CERTAINLY BE DECREASED IN.THE EXISTING AREA. THANK YOU FOR YOUR CONSIDERATION AND COOPERATION. SINCERELY, A CONCERNED HOMEOWNER. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~h.NAGER~ SUBJECT: AGENDA ITEM # /0~- REGULAR MEETING OF APRIL 15, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 17-97 (ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT AND INITIAL ZONING FOR PATHWAYS TO RECOVERY, INC.) DATE: APRIL 11, 1997 Attached is a letter from Michael S. Weiner, Esquire, requesting a thirty day postponement of the second reading for Ordinance No. 17-97. The Commission has generally approved such a request in the past. Since the required advertising has already occurred, the item must appear on the agenda. If the Commission wishes to grant Mr. Weiner's request, the appropriate action is to continue the quasi-judicial public hearing on Ordinance No. 17-97 to the date certain of May 20, 1997. Recommend Commission discretion. ref:agmemoll WEINER, MORICI, & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 OF COUNSEL: Telephone: (561) 265-2666 Telecopier: (561) 272-6831 ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer April 9, 1997 VIA HAND DELIVERY Ms. Diane Dominguez The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Pathways to Recovery, Inc. Item: Future Land Use Map Amendment from County MR-5 to City Medium Density Residential 5-12 Units / Acre and Annexation with Initial Zoning of RM Our File No.: BOMA002 Dear Diane: On behalf of my client, Pathways to Recovery, Inc., we would like to request a thirty (30) day postponement of the second reading of the above-captioned matter. My client is requesting this time in order to receive additional input from interested parties. We would hope that you would have an opportunity to contact the parties who may have given you written comments in advance of the meeting to tell them of the postponement. If for sorn/e reason this request cannot be granted, would you please contact me. Very~you~, 1Vl~c~h~el S.'Weiner MSW/en cc: Susan Ruby, Esquire (via telecopier) Mr. Kerry Kilday Mr. Alan Bombart MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'Ol SUBJECT: AGENDA ITEM ~/~ - REGULAR MEETING OF APRIL 1, 1997 FIRST READING FOR ORDINANCE NO. 17-97 (ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT AND INITIAL ZONING FOR PATHWAYS TO RECOVERY, INC. ) DATE: MARCH 27, 1997 This is first reading for Ordinance No. 17-97 which annexes a 3.58 acre parcel of land owned by Pathways to Recovery, Inc. located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road. The ordinance provides for a small scale land use plan amendment to change from the County's designation of MR-5 (Medium Density Residential - 5 dwelling units/acre) to an official City designation of Medium Density Residential 5-12 dwelling units/acre, and establishes initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre). The property contains an existing alcohol and drug abuse treatment facility. No change in use is proposed and the current requests do not involve any modifications to the site, additional floor area or increase in number of beds. Given the surrounding densities, it is recommended that an RM-8 suffix be applied to the initial zoning. This is consistent with the proposed land use designation and the existing use of the property. The Planning and Zoning Board considered this matter at a public hearing on March 17, 1997, and voted 3 to 2 (Schmidt and Carbone dissenting; Schwartz and McCarthy absent) to recommend that the requests be approved with an initial zoning of RM-8, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). Recommend approval of Ordinance No. 17-97 on first reading, based upon the findings and recommendation of the Planning and Zoning Board. If passed, a quasi-judicial hearing will be scheduled for April 15, 1997. ref:agmemo9 ~ ~ ~ ~ ~ TO: DAVID T. HARDEN, CITY MANAGER THRU' DIANE DOMINGUEZT', DIRECTOR  ND ZONING FROM: /J~l~' A. COSTELLO /S/ENI~R PLANNER SUBJECT: MEETING OF APRIL 1, 1997 ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-$ (MEDIUM DENSITY RESIDENTIAL 5 DU/AC) TO CITY MEDIUM DENSITY RESIDENTIAL 5-12 DUIAC, AND INITIAL ZONING OF RM (MEDIUM DENSITY RESIDENTIAL) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD. APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD (PATHWAYS TO RECOVERY. INC.). The action requested of the City Commission is that of approval on first reading of an ordinance annexing a 3.58 acre parcel of land, changing the Future Land Use Map designation from County MR-5 to City Medium Density Residential 5-12 units per acre, and applying an initial zoning designation of RM (Medium Density Residential). The subject property is located on the east side of Barwick Road, approximately 250 north of Sabal Lakes Road. The 3.58 acre parcel is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The parcel has a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 units per acre) and County zoning of RH (High Density Residential). The proposal is to annex the property into the City, change the City Commission Documentation Meeting of April 1, 1997 Annexation, Small-Scale FLUM Amendment with initial zoning of RM Page 2 Future Land Use Map designation to City Medium Density Residential 5-12 du/ac, and apply an initial zoning designation of RM (Medium Density Residential). The property contains an existing 5,950 sq.ft, alcohol and drug abuse treatment facility with 5 asphalt parking spaces on the north side of the property and a 7-space shellrock parking area and a sod parking area on the south side of the property. The existing facility is approved by the Florida Department of Children and Families for: [] Level 1 Residential Treatment [] Level II Residential Treatment - 20 beds [] Day/Night Treatment for Substance Abuse Clients The requests do not involve any modifications to the site, additional floor area or increase in number of beds. The applicant desires to continue to operate the existing facility with no intensification of the use. At a later time, redevelopment of the site will occur with uses consistent with the RM zone district. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of March 17, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony from County residents (Golf Club Estates subdivision) requesting a density lower than the 8 units per acre recommended by staff. After reviewing the staff report and discussing the proposal, the Board voted 3-2 (Schmidt and Carbone dissenting; Schwartz and McCarthy absent) to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 du/ac), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MR-5 to City Medium Density Residential 5-12 units per acre, with an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and setting a public hearing date of April 15, 1997. Attachments: Q P & Z Staff Report and Documentation of March 17, 1997 [] Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 17, 1997 AGENDA ITEM: V.A. ITEM: Future Land Use Map Amendment from County MR-5 (Medium Density Residential- 5 units/acre) to City Medium Density Residential 5-12 units/acre, and Annexation with Initial Zoning of RM (Medium Density Residential) for Pathways to Recovery, Inc., Located on the East Side of BanNick Road, Approximately 250 Feet North of Sabal Lakes Road. GENERAL DATA: Agent .......................................... Kieran J. Kilday, Kilday & Associates Location ..................................... East sideofBa[wickRoad, Itll /// approximately 250' north of Sabal Lakes Road. Property Size .............................. 3.58 Acres Existing County Future Land Use Map Designation ................ County MR-5 (Medium Density Residential - 5 units/acre) Proposed City Future Land Use Map Designation ......................... Medium Density Residential 5-12 units/acre Existing County Zoning ............... County RH (High Density Residential) Proposed City Zoning ................. RM (Medium Density Residential) Adjacent Zoning ................ North: County RS (Single Family Residential) East: City CF (Community Facilities) South: County AR ~.~ West: County AR Existing Land Use ...................... A 5,950 sq.ft, alcohol and drug abuse treatment facility withI _-II -~.~// I I I~1 I I ? %/'~,J-- associated parking and I landscaping. Proposed Land Use ....................services.initiaISame as existing.zoning of RMAnnexation withto obtain City Water Service ............................. Available via extension of an 8" PARK water main from the existing 12" main at the intersection of Sabal Lakes Road and Barwick Road. Sewer Service ............................ Available via extension of the existing 8" sewer main at the ~~1L~''I['IIIII I~T-~ intersection of Sabal Lakes Road The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Flodda Statute 171.044), and a Small-Scale Future Land Use Map amendment from County MR- 5 (Medium Density Residential - 5 units per acre) to City Medium Density Residential 5-12 units per acre with initial zoning of RM (Medium Density Residential) for Pathways to Recovery, Inc. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the east side of Barwick Road, - approximately 250 north of Sabal Lakes Road, and contains 3.58 acres. The subject property consists of two unplatted parcels of land, is currently located in unincorporated Palm Beach County and has an RH (High Density Residential) zoning designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property contains an existing 5,950 sq.ft, alcohol and drug abuse treatment facility with 5 asphalt parking spaces on the north side of the property and a 7-space shellrock parking area and a sod parking area on the south side of the property. On October 6, 1966, the original conditional use was approved for a nursing home, convalescent home and a psychiatric hospital. On November 5, 1970, expansion of the conditional use was approved by the Palm Beach County Commission under Petition No. 23 and ratified by Resolution No. 3-CCC-70. The expansion included an office building and enlargement of the consultation facilities for mental health and medical professionals. In 1990, the property was purchased and occupied by Pathways to Recovery, Inc. On February 7, 1997, requests for annexation, Future Land Use Map amendment and initial zoning were submitted, and are now before the Board for action. lei-"-' ............................ :,:"-"-'".'-.'¢:.:...'.:...~;.:~.,'.~ ','.'.:::::::~.'¢i~i.-'::~ '::,~.'-~..'.'.-~.-'~...':~ ....... ~.~,-~.-'--'~,.%'~:;'.-,.:1 ~,::.~¢,:~; ~.~.:'.~:.'~{ ~ ~i.! r :"" :' :'~':' :' :'"':':' :': '." :' ?.' :' ." :' :' :::". :". '~ '~':'~':':< :':'.'.. <<' :' !~::::,~:: '.". ~- ~ .,.:..¢.:.-.. >.:: :.....:: ~::.:. :..-.: :. :: :.:. ::: ::: .:. :. :. ::: :::..-..:::.<: x ~:: :: ..=..:-'" ~ :::;:-:~.:.~: ::::. :..<:;.-: :::...::..:: ::;..:::::~.¢.~.:.<, ,!.%.. ,..-:.< :.'.-.'~ ..-.¢..,.:: :; ::.-...:: ~ ~.~.<.% .,,.~ .~-..~.¢,,... ~ .<.. :..:: :....!.~ .'.4-.*.' ~.:.. :., !.!.';:: ~::: ~ ~:: :. :~ The subject property is a 3.58 acre parcel having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 units per acre) and County zoning of RH (High Density Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Medium Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 2 Density Residential 5-12 du/ac, and apply an initial zoning designation of RM (Medium Density Residential). The existing property contains an existing 5,950 sq.ft, alcohol and drug abuse treatment facility. The existing facility is approved by the Florida Department of Children and Families for: El Level 1 Residential Treatment El Level II Residential Treatment - 20 beds El Day/Night Treatment for Substance Abuse Clients The requests do not involve any modifications to the site, additional floor area or increase in number of beds. i~.iiiiii"~'i'".~i:~"ii'"~iii'~,~i :"¥~'~:~"'?~..?,i~"'i~'"'?~i~''~''''''''''~''~'~''i~'''~.~'''~'.:'''''~?~'''~'i~i'' "~:~i''~ ........ :~"~!'~'~'~"1 ............. ~ ......... '~fi~'~.%:~ Current Land Use Designations: The current County Future Land Use Map designation for the property is County MR-5 (Medium Density Residential - 5 du/ac). The current City "advisory" designation for this property is Medium Density Residential 5-12 du/ac. Requested Land Use Designation: The requested Future Land Use Map change is to City 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 a Small-Scale Development pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; 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, El The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 3 The Future Land Use Map amendment involves a 3.58 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to Medium Density Residential 5-12 du/ac is being processed concurrently with a request for 'annexation and initial zoning of RM (Medium Density Residential) to accommodate the existing alcohol and drug abuse treatment facility as an approved conditional use. The Medium Density Residential land use designation is consistent with zoning districts which include single family, and Iow and medium density multiple family developments. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. 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 or within the last year. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, the zoning designation must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a RM (Medium Density Residential) zoning district. The proposed RM 'zoning designation is deemed consistent with the proposed Medium Density Residential 5-12 du/ac Future Land Use Map designation. The existing use (alcohol and drug abuse treatrhent facility) is allowed as a conditional use within the RM zoning district. Based upon the above consistency with the Future Land Use Map can be made. Consistency between the City_ and County Land Use Designations: The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. The proposed City Future Land Use Map designation for the property is Medium Density Residential-12 du/ac, which is the current "advisory" designation. The City's Medium Density Residential designation is consistent with the existing County designation of MR-5 (Medium Density Residential - 5 units per acre). Upon annexation, only the City's FLUM designation will apply. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 4 Adjacent Land Use Map Designations, Zoning Designations & Land Uses: North: North of the subject property has a Palm Beach County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 du/ac) and is zoned RS (Single Family Residential). The existing use is a single family residence. South: South of the subject property has a Palm Beach County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 dulac) and is zoned AR (Agricultural Residential). The existing use is a single family residence. £ast: The abutting property to the east has a City Future Land Use Map designation of Community Facilities - School and is zoned CF (Community Facilities). The existing use of the property is Banyan Creek Elementary School. West: West of the subject property has a Palm Beach County Future Land Use Map designation of MR-5 and is zoned AR (Agricultural Residential). The existing use of the property is Golf Club Estates single family subdivision. Allowable Land Uses: Under the proposed Medium Density Residential 5-12 du/ac Future Land Use Map designation, residential zoning districts which accommodate single family, and Iow and medium density multiple family developments'are allowed (R-1-A thru R-l-AAA, RL, PRD, and RM).. In addition, zoning designations of Community Facilities, Open Space, and Open Space and Recreation are also deemed consistent. The applicant has requested an initial zoning designation of RM (Medium Density Residential) which is consistent with the proposed land use designation. Land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the proposed Medium Density Residential 5-12 du/ac land use designation is applied to land which is developed, or is to be developed at a density between 5 and 12 units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Homeownership is characteristic of this designation. VVhere this designation exists, uses other than those which are residential in character shall not be considered. VVhile the existing use is not technically Iow or medium density residential, it is residential in character and impact. Compatibility of the existing use (alcohol and drug abuse treatment facility) with the abutting residences is not a concern as the use has co-existed with the surrounding properties for many years. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 5 While the existing use of the property is not a concem, the higher density range of the Medium Density Residential FLUM designation allowing 5-12 units per acre and the density's compatibility with the adjacent residential developments is a concern. The adjacent properties to the north and south contain single family homes which are developed at approximately I unit per acre. The single family subdivisions to the west (Golf Club Estates) and southwest (Barwick Ranch) contain densities of 3.17 and 2.95 units per acre, respectively. The existing nursery to the northwest has an "advisory" City FLUM designation of Low Density Residential which allows a maximum of 5 units per acre. Approximately 250 feet to the south is the Sabal Lakes planned residential development with single family components developed at less than 4 units per acre. However, the vacant multi-family component of the PRD, adjacent to Barwick Road, allows a density of 7.46 units per acre. Any future development of the property should be consistent with the densities of the surrounding residential developments. The current development potential of the property under the County's land use designation (MR-5) is 17 units or 5 units per acre. The maximum density allowed under the proposed City MDR land use designation is 12 units per acre or 42 units (3.58 ac X 12 u/a). As the proposed City RM zoning has a range of 6-12 units per acre, it is appropriate to limit the upward range in density to a density similar to the maximum allowed with the Sabal Lakes multiple family component which is 8 units per acre. To be consistent with adjacent properties, future development with a density of 8 or less units per acre should be allowed. This maximum can be assured through the designation of a 8 units per acre suffix which would allow a total of 28 units. Site specific compatibility of future development with the adjacent residential developments will be addressed at the time of site development plan review. Florida Statutes Governing Voluntary_ Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Annexation of this property results in the reduction of an existing enclave. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 6 Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within "designated annexation area No. 6" east of Military Trail, north of Lake Ida Road. - Annexation of the territory is consistent with Future Land Use Element Policy B- 3.4, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B-3.1). The following is a -discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently patrol the abutting school and the single family developments, 250 feet to the south, which are within the City limits. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No.~ 4 (Barwick & Lake Ida Roads). The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 6 minutes of the County Fire Department (Indian Springs/Military Trail Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 7 & Woolbright Road) to approximately 1.5 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). Water: The existing facility currently obtains water via a well system and municipal water service does not currently exist to the site. Municipal water service is available via extension of an 8" water main from the existing 12' main at the intersection of Barwick and Sabal Lakes Roads, 800 feet north to the subject property's north property line. Along the main fire hydrants would be installed every 400 feet, to provide adequate fire suppression for this area. However, upon annexation, the property will not be required to connect to the City's water system. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for.the City at build-out. Sewer: The existing facility utilizes a septic system. Sewer service is not readily available to the site. Sewer service is available via extension of the existing 8" sewer main at the intersection of Barwick and Sabal Lakes Roads, 800 feet north to the subject property's north property line. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Upon annexatior~, connection to the. City's sewer system will not be required. Streets: This property has direct access to Barwick Road, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic statement was submitted based upon the existing use of the property as a 20-bed alcohol and drug abuse treatment facility generating a total of 50 trips per day. The maximum development potential allowed under the proposed Medium Density Residential (42 multiple family units) would generate a total of 294 average daily trips, which is a %vorst case" scenario. As there are no changes proposed there will be no changes with regard to traffic. However, if in the future additional floor area or beds are proposed, a traffic study will be required with a Conditional Use modification application. Parks and Open Space: The annexation of the property as an alcohol and drug abuse treatment facility will not create an additional impact on park and recreational facilities. If the property is developed for residential purposes in the future, a parks and recreation impact fee of $500 per unit would be assessed at the time of building permit. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 8 Financial Impacts: Effect Upon Annexed Property_: For the 1996 tax year the Pathways of Delray, Inc. had an asseSsed value of $448,314.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5293 Deleted (County) Library .4838 Deleted (County) City Of Delray Beach 6.9500 Added (City) City of Delray Beach Debt 0.9000 Added (City) 4.8369 Difference* * Total tax millage in the County is 19.8142 mills while in the City the total millage rate is 24.6511 mills. The current yearly ad valorem taxes are $8,882.98. With annexation the yearly ad valorem taxes would normally be $11,051.43; a tax difference of $2,168.45. In addition to property taxes, the following is provided with regard to Non Ad Valorem taxes: 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. It is noted that a 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property contains a "nonresidential use", this assessment would be imposed in the amount of approximately $253.81. Solid Waste Authority - The Military Trail annexation areas are currently serviced by BFI (Browning-Ferris Industries) which is also the current City provider. Occupational License Fees - As the property contains an alcohol and drug abuse treatment facility, an occupational license will be required. This license will be in addition to the current County license fee required for an alcohol and drug abuse treatment facility of approximately $30 per year. The City license fee for the facility is $125. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 9 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES $ 2,168.45 (Change from 95/96 County of 19.8142 to City 94/95 rate 24.6511 mills.(4.8369) NON AD VALOREM Stormwater Assessment $ 253.81 WATER & SEWER UTILITY FEES * $.00 OCCUPATIONAL LICENSE FEES $125.00 ANNUAL FINANCIAL IMPACT: $2,547.26 · Water and Sewer fees will increase with consumption. SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 6.0 minutes (County) to 1.5 minutes (City) EMS + Faster response time from (estimated time) 6.0 minutes (County) to 1.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pre-active vs reactive opportunity to work with property owners Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 10 Fiscal Impacts to the City_: At the 1996 City operating millage rate of 6.95 mills and debt rate of 0.90 mills, the property will generate approximately $3,519.26 in new ad valorem taxes per year. With the future development, additional revenues will be realized through increased assessment value, building permit and licensing fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. If water and sewer are installed, the associated rate will be applied which is a minimum $384.00 per year and will increase with consumption. The proposed initial City zoning designation is RM (Medium Density Residential) while the current County zoning designation is RH (High Density Residential). The surrounding zoning designations are: Palm Beach County RS (Single Family Residential) to the north; County AR (^gdcultural Residential) to the south and west; and, City CF (Community Facilities) to the east. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.'1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM zoning designation is consiStent with the proposed Medium Density Residential 5-12 du/ac land use designation. The proposed RM zoning designation is deemed consistent with the Medium Density Residential Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(2), within the RM zone district, the existing alcohol and drug abuse treatment facility is allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 11 The proposal involves the annexation of land containing a single family use. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property contains an existing alcohol and drug abuse treatment facility with associated parking and a miniature golf course. A site visit was conducted and revealed code violations with regard to perimeter landscaping and parking on an unimproved (shellrock) surface. These conditions have - existed for many years and will not be required to be upgraded to current standards upon annexation. Any future development, however, will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), 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: A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and no applicable items were identified. Section 3.3.2 (Standards for Rezoning Actions); Standard B and C is not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The property is designated vacant residential on the Neighborhood Categorization Map. However, the properties to the south (Sabal Lakes Subdivision) and southwest (Barwick Ranch) are noted as Stable residential. The rezoning is required in conjunction with the annexation request. The proposed RM zoning designation is consistent with the proposed MDR land use map designation and the existing County RH zoning and MR-5 land use designations. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 12 D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated under "Land Use Compatibility", any future development of the property should be consistent with the densities of the surrounding residential developments. To be consistent with adjacent properties, future development with a density of 8 or less units per acre should be allowed. This maximum can be assured through the _ designation of a 8 -units per acre suffix which would allow a total of 28 units. Site specific compatibility of future development with the adjacent residential developments will be addressed at the time of site development plan review. The initial RM-8 zoning designation will accommodate the existing alcohol and drug abuse treatment facility as a legally established conditional use. Compatibility of the proposed use is not a concern as the use is residential in character and has co-existed with the adjacent properties for many years. Section 2.4.5(D){5) {Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: 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; 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 has submitted a justification statement which states the following: "The property owner is desirous of annexation into the City to obtain enhanced po/ice, fire-rescue, and municipal services. As the property is Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 13 contiguous to the municipal boundaries and the rezoning is consistent with the City's Comprehensive Plan, we believe the annexation/rezoning request is both logical and appropriate. No change in use is proposed." Comment: The justification statement addresses Items "b" and "c" as the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The requested zoning is of similar intensity as that allowed under the proposed City Medium Density Residential FLUM designation. However, the RM-8 zoning is more appropriate given the surrounding residential densities and-the existing use of the property as an alcohol and drug abuse treatment facility, which is not allowed in any of the City's other residential zoning designations (R-1-A thru R-l-AAA, RL, and PRD). The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On February 25, 1997 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IP^RC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: [] Brandon Drive Homeowner's Association [] Rainberry Bay [] Chatelaine [] Rainberry lake [] Country Manor [] Rainberry Woods El Delray Shores [] President's Council [] Lake Forest South [] United Property Owners [] PROD (Progressive Residents of Delray) [] Sabal Lakes II Homeowner's Association Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 14 Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Medium Density Residential 5-12 du/ac Future Land Use Map - designation is of similar intensity as the current County MR-5 land use designation. It is noted that with the change from County MR-5 to City MDR an increase of 25 residential units is possible in addition to the 17 units currently allowed under the County MR-5 land use designation. Given the surrounding densities, it is recommended that a RM-8 suffix be applied with associated initial zoning. The application of an initial zoning designation of RM-8 is consistent with the proposed land use designation and the existing use of the property as an alcohol and drug abuse treatment facility. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes., stormwater assessment fees and occupational license fees. The City will receive additional revenue from property taxes, in addition' to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $3,519.26 a year. A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City Medium Density Residential 5- 12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) for Pathways to Recovery, Inc. C. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City Medium Density Residential 5- 12 du/ac and initial zoning designation of RM (Medium Density Residential) for Pathways to Recovery, Inc. Planning and Zoning Board Staff report Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land Use Map Amendment Page 15 D Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM (Medium Density Residential) for Pathways to Recovery, Inc., with the basis stated. ii:i:i'::'.:';' :... ~:~'~: ................................ .,,~ ............ :<~ ....... .~ ....:.~;~:...~.,- ~,~..,:~.,-..:..:.-.<;.~. :~,:,,,:~<..?.:.....:.~:,;...~ ............................... .~ I~:..-~l..,.~'" ~';.~-'':~=.=~;~ ~.. ' ... ' ..... '~... =....' - . ...................................... / , ...................... i~ Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) for Pathways to Recovery, Inc., based upon positive findings with respect to LDR _ Section 3.1.1, Section 3.3.2, Section 2.4.5(D)(5), policies of the Comprehensive Plan, and the following: A. That the property is contiguous, reasonably compact and does not create an enclave; and, B. That services will be provided to the property in a manner similar to other properties within the City. Attachments: Location Map Survey This Report prepared by: Jeff Costello. Senior Planner CITY OF DELRAY.BEACH, FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Delray Beach, Florida, will consider a proposed change to the Future Land Use Map for a 3.58 acre parcel of land located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road. The , proposal involves a Small Scale Future Land Use Map amend- ment FROM County MR-5 (Medium Density Residential - 5 dwelling units/acre) TO City Medium Density Residential 5-12 dwelling units/acre. The City Commission will conduct a Public Hearing on TUESDAY. APRIL 15, 1997, AT 7:00 RM. (or at any continuation of such meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission intends to adopt this small scale amendment to the Future Land Use Map. The title of the enacting ordinance is as follows: ORDINANCE NO. 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUND- ARIES OF THE CITY TO INCLUDE .SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIX- ING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE 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 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A Saving CLAUSE, AND AN EFFECTIVE DATE. All interested citizens are invited to attend the public hearing and comment upon the proposed Land Use Map Amendment or sub- mit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Jeff Costello at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO FS. 286.0105. PUBLISH:The Boca Raton News CITY OF DELRAY BEACH April 7, 1997 Alison MacGregor Harty AD #743544 City Clerk 'CITY OF DELRAY BEACH, FLORIDA ~_~r,j~'(/SOF~ NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 1747 ORDINANCE NO. 17-97. AN ORDINANCE OF ~-IE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CiTY OF DELRAY BEACH, A PAR- CEL OF LAND LOCATED ON THE EAST SIDE OF BA,RW;CK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PAR- TICULARLY 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 O6LIGATIONS OF SAID lAN0; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSFTY RESIDENTIAl. 5-12 [~NELUNG UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COM- PREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESSS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PRO~qDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEN..ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Pathways to Recovery, inc. is the fee-simpis owner of a 3.58 acre parcel of lart<:l located on the east side of Balv~ck Road, apfxoxJmately 250/eet north of Sabal Lakes Road; and WHEREAS, Kitdey & Associates, as du~y.authodzed a~nt ~r ifm ~nl~ owner hereinabove named, has requested by vol- untary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the sul)ject prof~rty hereinafter described is c~uoue ~o ~fle coq~omta limits of the City of Oelray Beach, Florida; ~WHEREAS, the City of Detray Beach has heretofore been authorized to annex ~ in suco~la,-x~ ~ Section 171.044 of the WHEREAS, the subject probarty heminoftar'descfibed is presa~ty un¢isr the juriediction of Pstm Beach County, Ftonda, having a County Future Land Use ~ des~nation of MR-5 (Medium Density Residential. 5 dwelling units/acm); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subj, eof property in the City of D~rey Besufl, Florida, is Medium Density Residential 5-12 ~lwelling units/acre; and WHEREAS, the City's FLUM designations as initially contained ~ the City's Future Land Use Map e~:~ted in November, 1969, and as subsequently amended, are deemed to be edviso~y only until an official Land Usa ~ i~ processed; ~ WHEREAS, the designation of a zoning classification is part of this proceeding, and provisio~ of Land Deveto~ Regulations Chapter Tw~ have bee~ fo#owed in esta~ishing ~ pro~ zoning designation; and WHEREAS, pursuant to [.DR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of March 17, 1997, and voted 3 to 2 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units~acre), based upon positive findings. NOW, THEREFORE, BErt ORDAINED BY THE CITY COMMISS/ON OF THE CiTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delrey Beach, Palm Bsacfl County, FfoHda, hareby anne,'ms to said Cify the following described land located in Patm Beach County, Florida, which lies coe~figuous to said City-to-wit: The Nor~ 521.00 lsat of ~e South 771.00 feat of ine Wsct Ono-(~arter (W 114) of the Northwest Osa-Quarte~' (NW 1/4) of Ihe Norlhsest Ono-Quarter (NE1~4) ~f Secti~n12` T~w~ship 46 S~*gn~ Range 42 Eaat~ Pa~m Besch C~unty' Ffodda~ isss tbe wast 4~ fsat f`~ r~ed right-of-way~ more p8t1~ctJisHy C<x~rrencm9 at the Sou~west corner of the Nor~west One. Quarter (NW 1/4) of the Nor'~sast Ore~uarler (NE 1/4) of Sectic~ 12, Towretiip 46 South, Ran~e 42 East; ~d1enOe n~n NOn`h ~ de~eas ~" East~ along ine west line ~f s~d NW1~4~ NE1/4~ a ~ala~ of 25~13 is~ t~ a ~nt on sa~ w~ li~ als~ being ~le ceNe~' lino of ~a~lvick Road (80' rsad right-of-~,*ay); therx:e run ,.~:~uth ~ ~ 10~4' E~, a ~ of ~ ~t ~ a ~nt ~ ~ east right-of.way line of Barwick Road and the I~int of Beginning; thence continue along the last described course, a distance of 295.82 feet to e point on the east tire of the West Ore-Quarisr (W 1/4) of the NW 1/4, NE 1/4 of said Section 12; thence run North 0 degrees 04'35" East along said East line; a dis- ta~se o~ 521.24 lsat to a puint; thence run NOr~ 88 begreas 10'2E' West, a distanco 296.52 lest ~ a ~ On ~ ~ ~ ~ of ~ ~; ~ ron S~uth ~ degre~s ~ West a~ng sa~d E~t right-of-way ~e~ a distance ~f 521~26 ~eet to ~e P~int ~ ~'nr~ The subject property is located.on the east side of Bar~ick R~a;I, approximately 250 iset north of Sabal Lakes Road; containing 3.58 ac~s, m~e o~ less. Seclto~ 2 That the boundahes of the City of Dalray Beach, Flonda, ars hereby redefined to ind, ude tbereto 1be ~ tract of isnd and said land is hereby declared to be within the corporate limits of t~e City D~lray Beach, Florida. ~ That ~ land heralnabeve bescfib~ shall ~medistaly become sul:~ct to all of ine franchises, priving~, immunities, beMs, d~gafions, liabilities, ordinances and isws to which lands in the City of Delmy Beach am now or may be sub)ecled, incloding lhe Satm~ater Management Assessment levied by the City pursuant to Ifs ordirenoes and as requ~.ed by Florida Statutes Cl~pter 197, and persons residing thereo~l shall he dasmed cifizscs of Ibe City of Delray Beach, Ronda. Section 4. That this annexation of the subiest prolixly, including adjacent ~sade, Mieys, or tbe #ke, If any, she# Ont be deemed acceptance by the City of any maintainansa respom;ibility for such roads, alleys, or the llke, unlesa ~ ~ inltated by the City pursuant to curmat red~ranlants and conditions. Section 5. That the Future Land Use Idap designation of the s~JbH~ct property is bereby officially affam:l as Medium Danstty ~ 5.12 dwatling units/acm. Section 6. That the City of Delray Beach elocts to make thi~ smatl scele amendm~r~ by having <rely an ad~ hearing, pursuant to Florida Statutes Section 163.3187(1)(c)(4). Section 7. That Chapter Two of the Land Developmev~t Regulations has been fo6owed in the satablidhtnant of a zoofng ofaasfficafio~ in this ordif~ansa and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 _?ve#ing units~acre) as defined by existing ordnances of the City of Delrey Beach. Section 9. That should any section m provision of this oedinance o~' any ixxlion thareof, any baragm~oh, sentence o~' word be decisred by a co,,irt of competent jurisdiCtiOn to be invalid, such dectsio~ Nlall n~ affsct the validity of the remak~er hereof sa a vah~e or part thamof other than part deofsred to be invalid. to isnd use and zoning, thir¥.ore (31) days after ed~, unl~s I~ antendment is challenged pur~luant to Sscifon 163.3187(3), ES. If ch;alisnged, the efisclive dste of ine isnd usa pisn amendrnent and zomng shall be the date a finoJ onter is isaued by the D~,parlment of Cemmu~ Affairs, or the ~ra~ Comm)ssk~, finding lhe amendment in con¥~lar,~ with ~ 163,3184, ES. No d~ on:lore, devstopment permits, or land uses bepandent on this amendment may he issued ~ commatlse before it has become ¥tsc~e. If a final Local pisnr~, 2740 Centerview Dr/ye, Taliahesses, FIo~da 32399- 2100. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE pROPERTY TO BE ANNEXED IS SHOWN BELO~V, A COM- PLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HERE- INABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLEI:~, CITY HALL: 100 N.W. 1 ST AVENUE, DELRAY BEACH, FLORIDA. This nottoe is pu~tg~ed es mqulm¢l by Stata taw and Sectlo~ 2.03(b) of the City Chartar of tha City of Delray Beach. The pr~Rxmed oeO- name may be in~ at ~e Office at the City Clerk at City Hall, 100 N.W. 1 st Avonue, Deday Beach, Florida, ~ the ~ of 8:00 a.m. and 5:00 p.m., Monday through Friday, exctucling holidays.. PLEASE BE ADVISED that if a pamon decides to appeal any decision made by the City Cammisaion with respect to any matter at this hearing, such ~ will na~d to ensure that a ver'oafim record includes the testimony and evk~ence upon which tt~ appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 285.0105. PUBLISH: Boca Rato~ News CITY OF DELRAY BEACH April 4, 1997 Alison MacGregor HaZy AD~ 74.3532 C~ C~erk CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 17-97 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, APRIL 15, 1997, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO. 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESSS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Pathways to Recovery, Inc. is the fee-simple owner of a 3.58 acre parcel of land located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road; and WHEREAS, Kilday & Associates, as duly authorized agent for the fee-simple owner hereinabove named, has 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 designation of MR-5 (Medium Density Residential - 5 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Medium Density Residential 5-12 dwelling units/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 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 March 17, 1997, and voted 3 to 2 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City-to-wit: The North 521.00 feet of the South 771.00 feet of the West One-Quarter (w 1/4) of the Northwest One-Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the West 40.00 feet for road right-of-way, more particularly described as follows: Commencing at the Southwest corner of the Northwest One-Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East; thence run North 0 degrees 00'00" East, along the West line of said NW 1/4, NE 1/4, a distance of 250.13 feet to a point on said West line, also being the center line of Barwick Road (80' road right-of-way); thence run South 88 degrees 10'24" East, a distance of 40 feet to a point on the east right-of-way line of Barwick Road and the Point of Beginning; thence continue along the last described course, a distance of 295.82 feet to a point on the east line of the West One-Quarter (w 1/4) of the NW 1/4, NE 1/4 of said Section 12; thence run North 0 degrees 04'35" East along said East line; a distance of 521.24 feet to a point; thence run North 88 degrees 10'25" West, a distance 296.52 feet to a point on the East right-of-way line of Barwick Road; thence run South 0 degrees 00'00" West along said East right-of-way line, a distance of 521.26 feet to the Point of Beginning. The subject property is located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road; containing 3.58 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintainance responsibility for such roads, alleys, or the like, unless otherwise specifically initated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Medium Density Residential 5-12 dwelling units/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4) . Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning 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. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY ~kLL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. (INSERT ATTACHED MAP HERE) This notice is published as required by State law and Section 2.03(b) of the City Charter of the City of Delray Beach. The proposed ordinance may be inspected at the Office at the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 285.0105. PUBLISH: Boca Raton News CITY OF DELRAY BEACH April 4, 1997 Alison MacGregor Harty City Clerk Instructions to Newspaper: This is a display ad to be published in the legal/classified section of the newspaper. Thank you. re: ANNEXAD1.797 PATHWAYS TO RECOVERY CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO, t7.97 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUES- DAY APRIL 15~ 1997 AT 7:00 P.M. (or at any continuation of such meet- lng which is set by the Commission), in the Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at whiCh time the City Commission will consider its adoption. The ordinance will read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO, 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, ~=LORID'A, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HERE- IN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFIN- ING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-t2 DWELLING UNITS/ACRE 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 (MEDI- UM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENER- AL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFRCE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. PATHWAY~ This notice is published as required by State law and Section 2.03(b) of the City Charter of the City of Delray Beach. The proposed ordinance may be inspected at the Office at the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Mo.n. day through Friday, excluding holidays. PLEASE BE ADVISED that if a person decides to appeal any dac~sion rnada by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to ES. 285.0105. PUBLISH: Boca Raton News CITM OF DELRAY BEACH April 11, 1997 (Fri) Alison MacGregor Harty April .14, 1997 (Mon) City Clerk CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO, t7.97 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUES- DAY APRIL 15, 1997 AT 7:00 PM. (or at any continuation of such meet- ing which is set by the Commission), in the Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO. 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWlCK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HERE- IN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFIN- ING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE 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 THEREOFTO RM-8 (MEDI- UM DENSITY RESIDENTIAL- 8 DWELLING UNITS/ACRE); PROVIDING A GENER- AL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (no! to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. ~ PATHWAYS TO RIrCOV[RY .~ ~..'_-~:;..~ ..... . .... This notice is published as required by State law and Section 2.03(b) of the City Charter of the City of Delray Beach. The proposed ordinance may be inspected at the Office at the City Clerk at City Hall, 100 N.W. 1st Avenue, DeJray Beach, Florida, between the hourS of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, PLEASE BE ADVISED that if a person decides to appea~ any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatimrecord includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to ES. 285.0105. PUBLISH: Boca Raton News CITY OF DELRAY BEACH April 11. 1997 (FrO Alison MacGregor Harry Ap,il 14, 1997 (Mon) City Clerk CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 17-97 The City Commission of the City of Delray Beach will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, APRIL 15, 1997, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The ordinance will read by title only and all persons interested will be given the opportunity to be heard. ORDINANCE NO. 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDNETIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND US MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESSS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. (INSERT ATTACHED MAP HERE) This notice is published as required by State law and Section 2.03(b) of the City Charter of the City of Delray Beach. The proposed ordinance may be inspected at the Office at the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure tht a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 285.0105. PUBLISH: Boca Raton News CITY OF DELRAY BEACH April 11, 1997 Alison MacGregor Harty City Clerk Instructions to Newspaper: This ad is a display ad to be published in the legal/classified section of the newspaper. Thank you. A PUILIC HEARING ~11 ~e ~ 7.'1 P.M. m 'I~BAT, Nql& ele~k~ WhK'~ IS le~ by the Commit,- I~)o I~ Me CW C~,mi~m Cl~n~ ~ 111 N,W. Itl Ave~e, ~M~t, Flirt, ~t ~:h time I~e C~y ~t ~ ~1, ~ N.W. ~ k ~ d I:~ a.m. ~ S:~ p.m,, MI~I~ ~ THE CI~ ~ DEL~Y ~H, F~I~ ANNEXING TO ~E CI~ ~ ~L~Y lEACH, A ~RCEL ~ ~ND L~TEO ~ KT SI~ OF IARWlCK ~, APPROXI~TELY ~ FEET ~Tfl ~ ~AL ~EES R~O, KRIIED NEREIN. ~ICH ~ND ~TIG~S TO EXISTING IP~ LIMITS; RE.FINING THE ~N~IE$ ~ THE CI~ TO ~U~ ~lO ~ND; PROVIDING ~ THE RIGHTS AND ~LIGA- T~ ~ ~ID ~ND; AFFIXING ~ ~FICI~ ~D U~ ~SIGNA- T~ ~ ~DIUM ~NSI~ ~NTIAL ~ ~ELLING UNIT~ ~RE ~ ~lO ~NO TO THE TURE ~ND USE ~P AS TAtNED IN THE ~N; ELECTI~ TO PR~EED ~R THE SINGLE H~RING ~PTION PR~E~ ~OR ~LL ~E ~ND USE P~N ~N~ ~NT$; ~IDI~ ~ THE ~NG THEREOF TO ~DIU~ ~N$1TY RE~I~NTIAL I ~ELLINGS UNIT~ACRE); VIDING A ~NE~ REP~LER ~USE, ~O ~ EFFECTIVE ~TE. ~ ~DI~NCE ~ THE CI~ ~1~ OF THE CI~ ~ ~LRAT lEACH, FL~tO~ CHANGING THE ~URE ~NO USE ~P DESIGNA. T~ IN THE ~PREHENS~VE ~ FR~ T~NSITI~L ~NE~ C~ERCIAL, FOR A PARCEL ~ ~ND K~ ~ THE PAT~E~ ~OPER~ L~T. ED AT THE ~THE~T ~ ~ FE~R~ HIGHWAY ~D AVENUE G, ~ THE ~E ~E P~TICU~RLY ~IBED HEREIN; ELECTING TO ~EEO UN~R THE SINGLE ~RING A~PTION PR~E~S ~ ~LL ~LE ~ND USE ~N'~EN~ENTS; PROVIDING A GENE~ REPEALER ~USE, A ~VlNG C~USE, AND AN EF. PE~IVE ~TE. MINION ~ THE C~ OF DELRAY ~CH, F~I~ REZ~ING ANO ~CING ~ND ~ESENTLY ~ED ~ (PR~E~IONAL AND ~FICE DIURIl) INPART, ~ (~DIUM ~RS~ RESI. ~NTI~) IN PART, ENTIRELY I~O ~ ~O. (SPECIAL A~IVI. TIES DISTRICT) Z~IK ~TI~; ~10 PR~ERTY ~T- ED ~TM ~ AVENUE G AND ~ ~ A~NUE F ~T FE~L N~AY (U.S.I) AND ~ST ~ PRE.RICK GLE- V~ AND, M ~RE PARTIC~ ~Y ~IIIED HEREIN; ~ A ~NE~L REP~ER ~E, A ~VING C~USE, AND ~ EFFE~IVE ~TE. ~ ~DINANCE ~ THE CI~ ~1~ ~ THE CI~ ~ ~LRAY ~M, FL~I~ ~ENDING SEC. T~ ~, ~TE~RDI~ AND ~E LIKE PReSBYTEr, ~ THE ~ ~ ~DI~NCES ~ THE CI~ ~ ~L~Y tEACM. 70 PR~ V~ ~ THE ~IBITI~ ~ USE ~ S~TE~R~ AND ~ LIKE IN V~E~N'S PARK; ~L~RING SUKE~I~ (8) ~ ~l~l~ CC); PR~IDING A ~E~ REP~ER C~USE, A ~VIH C~U~, ~D AN EFFEC- T~ ~TE. CI~ ~ ~L~Y CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances at 7:00 P.M. on TUESDAY, APRIL 15, 1997 (or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BkRWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED b~DER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL 8 DWELLINGS UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 18-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE G, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 19-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRELY INTO AN S.A.D. (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION; SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE F EAST OF FEDERAL HIGHWAY (U.S.1) AND WEST OF FREDERICK BOULEVARD AND, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND ANEFFECTIVE DATE. ORDINANCE NO. 20-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SKATEBOARDS IN VETERAN'S PARK; RELETTERING SUBSECTION (B) TO SUBSECTION (C); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a record of these proceedings, and for this purpose such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH April 4, 1997 Alison MacGregor Harry City Clerk ***************************************************************** Instructions to the Newspaper: This is a standard legal advertisement to be published in the legal/classified section of the newspaper. There are no special requirements. Thank you. NOTICE OF LAND USE 'CHANGE CITY OF DELRAY BEACH,, FLORIDA The Planning and Zoning Board of the City of Delray Beach, as Local Planning Agency, will consider proposed changes to the Future Land Use Map (FLUM) of the City's adopte~ Comprehensive Plan for the following parcels: · A parcel of land located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road. The proposed change to the Future Land Use Map is from County MR-5 (Medium Density Residental - 5 du/ac) to City Medium Density Residential 5-12 du/acre. The parcel contains 3.58 acres. The proposed amendment is related to a voluntary annexation with initial zoning of RM (Medium Density Residential). · A parcel of land located at the northeast corner of South Federal Highway and Avenue G. The proposed change to the Future Land Use Map is from Transitional to General Commercial. The parcel contains 0.5 acres. The Planning and Zoning Board will conduct a Public Hearing regarding the above proposed amendments. The Public Hearing will be held on MONDAY, MARCH 17, 1997, AT 7:00 P.M., (or at any continuation of such meeting which is set by the Planning and Zoning Board). The meeting will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. All interested citizens are invited to ~ttend the public hearing and comment upon the Future Land Use Map amendments or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment please contact Jeff Costello of the Planning and' Zoning Department 100 N.W. 1st Avenue, Delray Beach, Florida 3,.'H.~.~ [Phone (561) 243-7040],.between the hours of 8:00 A.M..and 5:00 P.M. on weekdays (excluding holidays). PLEASE BE ADVISED THAT IF A PERSON DECIDES'TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE.APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NO PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: February 28, 1997 CITY OF DELRAY BEACH March 10, 1997 Alison MacGregor Harty Boca Raton News City Clerk Ad #747530 LEGAL VERIFICATION FORM FILE #: 97-075 & 97-076 PROJECT NAME: PATHWAYS TO RECOVERY, INC. LEGAL DESCRIPTION: The North 521.00 feet of the South 771.00 feet of the West one-quarter (W 1/4) of the Northwest one-quarter (N.W. 1/4) of the Nodheast one-quarter (N.E. 1/4) of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the West 40.00 feet for road right-of-way, more padicularly described as follows: Commencing at the Southwest corner of the Nodhwest one-quarter (N.W. 1/4) of the Northeast one-quarter (N.E. 1/4) of Section 12, Township 46 South, Range 42 East; thence run N 0© 00'00" E, along the West line of said N.W. 1/4, N.E. 1/4, a distance of 250.13 feet to a point on said West line, also being the center line of Barwick Road, (80 ' road right-of-way); thence run S 88°10'24" E, a distance of 40 feet to a point on the east right-of-way line of Barwick Road and the point of beginning; thence continue along the last described course, a distance of 295.82 feet to a point on the east line of the West one-quarter (W 1/4) of the N.W. 1/4, N.E. 1/4 of said Section 12, thence run N 0° 04'35"E along said East line, a distance of 521.24 feet to a point; thence run N 88° 10' 25" W, a distance of 296.52 feet to a point on the East right-of-way line of Barwick Road; thence run S 0°00'00" W along said East right-of-way line, a distance of 521.26 feet to the point of beginning. SOURCE of Legal Description: Survey (copy attached) VERIFIED BY.~/tl DATE: ~/2-~7.- VERIFICATION REQUEST NEED'ED BY: MARCH 10, 1997 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: