Ord 15-00ORDINANCE NO. 15-00
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 NORTH SIDE OF
WEST ATLANTIC AV-ENUE APPROXIMATELY 1,600 FEET EAST OF
BARWICK ROAD, LYING BETWEEN THE VII.I.AS D'ESTE AND
WINDY CREEK SUBDIVISIONS, 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
OFFICL~,.L LAND USE DESIGNATION OF TRN (TRANSITIONAL)
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 Slx£~,I.I. SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO POD (PROFESSIONAL OFFICE
DISTRICT); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Dimlo Properties, T.LC, a Florida Limited Liability Company, is the fee
simple oxvner of a 1.30 acre parcel of land located on the north side of West Atlantic Avenue,
approximately 1,600 feet east of Barw~ck Road; and
WHEREAS, Michael S. Weiner, Esquire, as duly authorized agent for the fee simple
owner heremabove named, has requested by voluntary petition to have the subject property annexed
into the mtmicipal lirmts of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the
corporate hrnits of the Cit-5, 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 Count3- Future Land Use Map designation of
HR-8 (High Dens;tT Residential 8 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 TRN (Transitional); 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
adx~sory only until an officxal Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of thas proceeding, and
the provisions of Land Development Regulations Chapter Two have been followed in establishing
the proposed zoning designauon; and
WHEREAS, pursuant to LDR Secuon 2.2.2(6), the Planning and Zoning Board held
a public hearing and considered the subject matter at its meeting of July 17, 2000, and voted 4 to 0
to recommend that the requests be approved w~th an zmual zoning of POD (Professional Office
D:strict), 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 C~ty Comrmssion of the CiD' of Dekay Beach, Palm Beach
County, Florida, hereby annexes to sa~d C~ty the following described land located in Palm Beach
County, Florida, whach lies contiguous to smd Cit-5- to-xwt:
The West 198 feet of the Southeast Quarter (SE %) of the Southwest Quarter (SW 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1~), Section 13, Townsbap 46 South, Range
42 East, less that pomon conveyed to the State of Florida for road right-of-way ua deed filed and
recorded September 25, 1967, m Official Record Book 1590 at Page 188 of the Pubhc Records of
Palm Beach Count3-, Florida.
The subject property is located on the north side of West Atlantic Avenue approximately 1,600 feet
east of Barwick Road, between the Villas D'Este and Windy Creek subdivisions; containing 1.30
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 hnd and said land ~s hereby declared to be w~thin the
corporate hrmts of the C~ty of Delray Beach, Florida.
Section 3. That the land hereinabove described shall immediately become sublect to
all of the franchises, prixfleges, immunities, debts, obligations, liabilities, ordinances and laws to
which lands tn the Caty of Dekay Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Floxada
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the C~ty of Delray
Beach, Florida.
2 Ord. No. 15-00
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 speckfically initiated by the C~ty
pursuant to current requLrements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is
hereby officially affixed as TRN (Transmonal).
Section 6. That the City of Delray Beach elects to make this small scale amendment
by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been
followed in the estabhshment of a zoning classification in this ordinance and the tract of land
hereinabove described ks hereby declared to be in Zoning D~stnct POD (Professional Office
District) 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 secuon or prox4sion of this ordinance or an3' portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invahd, such decksion shall not affect the valichty of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to
annexation, mediately upon passage on second and final reading; as to land use and zoning, thirt3'-
one 01) days after adoption, unless the amendment ks challenged pursuant to Section 163.31870),
F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by
the Department of Community Affairs, or the Administration Commission, finding the amendment
in compliance with Section 163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become effective. If a
final order of noncomphance is issued by the Administrauon Comnussion, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
3 Ord. No. 15-00
Me 15th
PASSED AND ADOPTED in regular session on second and final reading on this
__ day bf August ,2000.
ATTEST:
- C~ty Clerk
FirstReadmg July 25, 2000
MAYOR
SecondReadmg August 15, 2000
4 Ord. No. 15-00
MAURICE DRI~
N - ANNE~TION -
J ~ ~ISTING FUTURE ~ND USE
I ~NINC ~ Z~*.o ~.~m[N~ F~RE ~D USE ~P ~ENDMENT FROM: COUN~ HR~ TO: CI~ TRN ~SITIO~L)
I
N
CITY Of' D~LRAY BEACH, F'L
PLANNING ~r ZONING DEPARTMENT
- ANNEXATION -
EXISTING ZONING
INITIAL ZONING: POD (PROFESSIONAL OFFICE DISTRICT)
FUTURE LAND USE MAP AMENDMENT FROM: COUNTY HR-8 TO: CITY TRN (TRANSITIONAL)
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM - REGULAR MEETING OF AUGUST 15, 2000
ORDINANCE NO. 15-00 (ANNEXATION, SMALL SCALE FUTURE LAND
USE MAP AMENDMENT & INITIAL ZONING/DIMLO PROPERTIES)
DATE:
AUGUST 9, 2000
This is second reading and a quasi-judicial (as to zoning) public hearing for Ordinance No. 15-00
that annexes to the City a parcel of land located on the north side of West Aflannc Avenue between
the Villas D'Este and Windy Creek subdivismns. It also provxdes for a small scale Future Land Use
Map (FLUM) amendment from County HR-8 (High Density Residential - 8 dwelling units/acre) to
City TRN (Transiuonal), and estabhshes miual zoning on the property of POD (Professional Office
Dxsmct).
The proposed use of the property is that of a professional office development. Ad&tional
background and analys~s are found in the attached staff report.
The Planning and Zoning Board considered the app~catton at a pubhc hearing on July 17, 2000.
Three members of the pubhc expressed concerns about the existing billboard, buffering, hmght and
design of the future professmnal office development. After chscussion, the Board voted 4 to 0 to
recommend that the requests be approved based upon posiuve findings with respect to Chapter 3
(Performance Standards) and Sectton 2.4.50D)(5) of the Land Development Regulations and pohc~es
of the Comprehensive Plan. At first reading on July 25th, the City Commtssion passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 15-00 on second and final reading, based upon the findings
and recommendauon of the Planning and Zoning Board.
RefiAgmemo21.Ord.15-00 Annex. SmScaleFLUM.Initial Zoning. DIMLO
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 17, 2000
IV.Ao
Future Land Use Map Amendment from County HR-8 (Residential High - 8 du/ac.)
to City TRN (Transitional) and Associated Annexation with Initial Zoning of POD
(Professional Office District), for a Parcel of Land Located on the North Side of
West Atlantic Avenue, Between the Villas D'Este and Windy Creek Subdivisions).
SCHOOL J
SCHOOL
R
WEST , ATLANTIC
GENERAL DATA:
Owner ..................................................... Genoveva & Johannes Jettinghoff
Agent ....................................................... Lloyd Hasner
Applicant ............................................... DIMLO Properties, Inc.
Location ................................................. North side of West Atlantic Avenue, between the Villas D'Este and
Windy Creek Subdivisions
Property Size ........................................... 1.30 Acres
Exlsbng FLUM Designation ...................... County HR-8 (High Residential-8 du/ac)
Proposed FLUM Designabon .................. City TRN (Transitional)
Existing Zoning ........................................ County AR (Agricultural Residential)
Proposed Initial Zomng ........................ City POD (Professional Office D~strict)
Adjacent Zoning ............................. North' PRD (Planned Residential)
East: PRD
South: R-1-A (S~ngle Family Residential) & OSR (Open Space & Recreation)
West. RM-8 (Mulbple Family Residential-8 du/ac)
Existing Land Use ................................... Vacant
Proposed Land Use ......................... Future Land Use Map Amendment and Associated Annexation with Initial
Zoning Designation.
Water Service ..................................... n/a.
Sewer Service ........................................ n/a.
IV.A.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation on a
Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-
Scale Future Land Use Map amendment from County HR-8 (High Density
Residential - 8 units per acre) to City TRN (Transitional) with initial zoning
of POD (Professional Office District).
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 north side of Atlantic Avenue,
approximately 1,600 feet east of Barwick Road.
BACKGROUND
The subject property is currently located in unincorporated Palm Beach County and has
an AR (Agricultural Residential) zoning designation. The property is also located within
the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation
at this time. The property is vacant with the exception of a billboard located at the
southeast corner of the parcel and no land use history is available on this property.
On July 19, 1994, the City Commission approved a small scale amendment to the
Future Land Use Map for the subject property (Ordinance # 57-94). The amendment
was to bring the City's advisory land use designation into consistency with Palm Beach
County's proposed land use designation. The County's land use designation went from
CH-5 (Commercial High Intensity 5 units per acre) to HR (High Density Residential 8
dwelling units per acre) with their plan Amendment 94-2. The City's land use map
designation went from Low Density Residential (0-5 units per acre) to TRN
(Transitional).
Requests for Annexation, Future Land Use Map amendment and Initial Zoning have
been submitted to accommodate the POD (Professional Office District) zoning
designation for the subject property, and are now before the Board for action.
PROJECT DESCRIPTION
The subject property is a 1.30 acre vacant parcel having a County Future Land Use
Map designation of HR-8 (High Density Residential - 8 units per acre) and County
zoning of AR (Agricultural Residential). The proposal is to annex the property into the
City, change the Future Land Use Map designation to City TRN (Transitional), and
apply an initial zoning designation of POD (Professional Office District). The proposed
use of the property is that of an office development.
FUTURE LAND USE MAP AMENDMENT ANALYSIS !
Current Land Use Designations: The current County land use map designation for the
property is County HR-8 (High Density Residential - 8 du/ac). The current City
"advisory" designation for this property is TRN (Transitional).
· Planning and Zoning Board St,- ;eport
Delray Professional Office Cent~f- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 2
Requested Land Use Designation: The requested Future Land Use Map change is to
City TRN (Transitional).
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
The amendment does not exceed 10 acres of land;
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,
n
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months.
That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre.
The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the future land use map for a site-specific small scale
development activity.
El
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 1.30 acre area, thus the total area is
less than the 10 acre maximum. The proposed amendment to TRN (Transitional) is
being processed concurrently with a request for annexation and initial zoning of POD
(Professional Office District) to accommodate a professional office development, which
is allowed as a permitted use in the POD zoning district. The TRN land use designation
allows consistent zoning districts, which include office, neighborhood commercial, single
family residential, and Iow and medium density residential. 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, within the last year. The amendment
does not involve a text change to the Comprehensive Plan and it is not located within an
area of critical concern.
· Planning and Zoning Board St~ report ~
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 3
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, said zoning 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 POD
(Professional Office District) zoning district. The proposed use (professional office
development) is allowed as a permitted use within the POD zoning district. The
Transitional land use designation is consistent with the proposed POD zoning
designation.
Consistency between the City and County Land Use Designations:
The proposed City Future Land Use Map designation for the property is TRN
(Transitional). The existing County Future Land Use Map designation for the property is
HR-8 (High Density Residential - 8 units per acre). The City's TRN land use designation
is consistent with the County's HR-8 designation in that Multiple Family Residential
zoning is allowed. However, the current "advisory" Transitional designation allows
multiple family development as well as office and limited commercial development. 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.
Adjacent Land Use Map Designations, Zonina Desianations & Land Uses:
North and East'. The subject property is bordered on the north and east by an existing
single family development (Hanover Square/VVindy Creek) which is designated as LD
(Low Density Residential) on the Future Land Use Map and has a zoning designation of
PRD (Planned Residential Development).
South: To the south of the subject property and across Atlantic Avenue is The Hamlet,
an existing single family residential development and country club. The Future Land
Use Map designations for The Hamlet include LD (Low Density Residential), OS (Open
Space) and MD (Medium Density Residential). There are several different zoning
designations within The Hamlet, they include OS (Open Space), R-1-A (Single Family
Residential), RM (Multiple Family Residential-Medium Density 6-12 du/ac) and RL
(Multiple Family Residential-Low Density 3-6 du/ac).
West: To the west of the subject property exists an apartment complex known as Villas
D'Este, which is zoned RM and RM-6 and has a Future Land Use Map designation of
MD.
Allowable Land Uses:
Under the proposed Transitional designation, residential zoning districts which
accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD,
and RM) are allowed, as well as Iow intensity commercial zoning districts such as
Planning and Zoning Board St '~eport
Delray Professional Office Cent~r- Annexation with Initial Zoning of POD an(] Small-Scale Future Land
Use Map Amendment
Page 4
Neighborhood Commercial, Planned Office Center, Professional Office District, and
Residential Office. Also allowed are the Community Facilities, Open Space and Open
Space and Recreation zoning districts. The Transitional designation is applied to land,
which is developed, or is to be developed, for either residential or nonresidential uses.
In some instances this designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this designation allows the
establishment of uses, which are compatible with adjacent residential use. Also, the
TRN designation provides for uses which are not as intensive as general commercial
uses in areas where residential use is not desirable and/or appropriate. Therefore, the
POD zoning designation is consistent with the proposed land use designation (TRN).
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need - That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis. This policy shall not apply to
requests for the FLUM designations of Conservation or Recreation and Open
Space.
The proposal involves annexation of property, which requires changing the FLUM
designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows limited retail, office
and residential (single and multiple family) uses. The subject property is a small
parcel of land situated on an arterial roadway (Atlantic Avenue) and is surrounded by
residential uses. Residential use on this property is possible however is not
recommended due to its small size and location. Additionally, the property is not
well suited for strip commercial use given its proximity to residential use. Therefore,
the proposed FLUM and zoning designations are consistent with the goals,
objectives and policies of the Comprehensive Plan.
[3 Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. The following are the other applicable goals, objectives
and policies.
Future Land Use Element Objective A-~: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
· Planning and Zoning Board St~ report )
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 5
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complementary to the adjacent residential area.
Under the TRN FLUM designation, development of this property can provide for Iow
intensity, infill commercial development. With review of a specific development
proposal this policy will be revisited.
[3 Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
As discussed later in this report, the property can be developed at the highest intensity
allowed under the TRN land use designation and meet adopted concurrency standards.
The proposal is to annex the property with an initial zoning designation of POD, to
accommodate a proposed office development, as a permitted use.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As described in the Future Land Use Element of the Comprehensive Plan, the proposed
Transitional land use designation is applied to land which is usually developed, or to be
developed, for either residential or nonresidential uses. This designation provides for a
transition between commercial uses and less intensive residential uses, as well as
allowing for the establishment of uses, which are compatible with adjacent residential
uses. It also provides for uses which are not as intensive as general commercial uses
in areas where residential use is not desirable and/or appropriate. Transitional is more
appropriate along Atlantic Avenue given the relatively small size of the lot. Compatibility
with the abutting residential properties is not a major concern, however, there are
sufficient regulations in place which will mitigate any potential adverse impacts. With
development of the site as a professional office development, trees must be installed
every 25' along the west property line, abutting Villas D'Este (a multi-family residential
development), and along the north and east property lines, abutting the single family
residences within the Windy Creek development. The City's regulations require any
development of the subject property to provide a landscape buffer along the south side
of the property adjacent to Atlantic Avenue. The landscape area shall be the smaller
distance of either thirty feet (30') or 10% of the average depth of the property.
Compliance -- Development under the requested designation will comply with the
provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request. It is anticipated that there should be no problems
complying with the Land Development Regulations.
· Planning and Zoning Board S Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 6
ANNEXATION ANALYSIS
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".
Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or
developed area that is enclosed within and bounded on all sides by a single
municipality; or, (2) any unincorporated improved or developed area that is enclosed
within and bounded by a single municipality and a natural or manmade obstacle that
allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
The property is contiguous with the City, is reasonably compact and is currently an
enclave, as it is bounded on all sides by the City.
Annexation of the property will eliminate an enclave.
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land
may seek the annexation of contiguous property, under his/her ownership" pursuant to
Florida Statutes. The property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desi_~nated Annexation Area: The territory to be annexed is located within designated
annexation area "C" on the north side of Atlantic Avenue east of Barwick Road.
Annexation of the territory is consistent with Future Land Use Element Policy B-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Element Policy B-3.1). The following is
a discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's Office,
located at 345 South Congress, which serves the South County area. The property lies
within Sheriff patrol zone 4. 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).
Planning andZoning Board S' Report )
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 7
Additional response can be mustered from "Cover Cars" which roam throughout zones
randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15
square mile area; and, as a consequence, significantly improved response time should
be realized. Annexation will not require additional manpower, as the police currently
pass the property while patrolling areas of the City to the east and west of the property.
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).
With annexation, the property will receive an improvement in response time from the
current 7 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 4.5 minutes for the City's Fire Department (Fire
Station No. 4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to an existing 14" water
main located along the north side of Atlantic Avenue. Additionally, the water service will
need to be looped to the 8" water main on NW 1st Court within the Hanover
Square/Windy Creek subdivision in order to provide continuation of service to the
existing residences to the north. Along the new mains, fire hydrants must be installed
with a maximum spacing of 300 feet for the proposed professional office development.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant for the City at build-out.
Sewer: Sewer service is available adjacent to the site via a connection to the existing
main or existing lift station to the north of the property. With future development, the
installation of a lift station is not required as one already exists (Lift Station 86B) within
Villas D'Este, which is immediately northwest of the subject property. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central County Waste
Water Treatment Plant for the City at build-out.
Streets: This property has direct access to Atlantic Avenue, which
jurisdiction of FDOT (Florida Department of Transportation). The
responsibility and the associated maintenance responsibility will not
annexation.
is under the
jurisdictional
change upon
A traffic study was submitted based upon the development potential for an approximate
15,000 sq. ft. of professional office development, thus generating 487 average daily
trips.
Parks and Open Space: The annexation of the property to accommodate a
professional office development will not create an additional impact on park and
recreational facilities. The stated intended use of the property is for professional offices
that may include medical offices, which typically do not impact the park system.
Therefore such development would not have a significant impact with respect to level of
service standards for parks and recreation facilities.
Planning and Zoning Board S:,.~ lReport
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 8
Solid Waste: As there is no change in actual land use at this time, there will be no
impact on solid waste disposal. The service provider will not change, as described later
in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 1999 tax year the subject property had an assessed value of $100,000. With
the change from County to City jurisdiction, the following taxes and rates will be
affected:
Ad Valorem Taxes Milla,qe With Annexation
Fire/Rescue MSTU
Library
City of Delray Beach
City of Delray Beach Debt
2.9129 Deleted (County)
.5246 Deleted (County)
6.9100 Added (City)
.7400 Added (City)
4.2125 Difference*
* Total tax millage in the County is 19.6117 mills while in the City the total millage rate
is 23.8242 mills.
The current yearly ad valorem taxes are $ 2,008.10. With annexation the yearly ad
valorem taxes will be $ 2,429.35; a tax difference of $ 421.25. In addition to property
taxes, the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the
assessment fee is calculated using the following formula (# sq.ft, of impervious
area/2,502) X $54. A 25% discount from the assessment is available if drainage is
retained on site. Also a 25% discount from the assessment is available because the
subject property is located with the Lake Worth Drainage District. As the property is
currently vacant, this assessment is not immediately imposed. With future
development, the storm water utility tax will be assessed.
Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI, and
the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the
waste service provider will remain with BFI upon annexation.
Occupational License Fees - Each tenant within the proposed professional office
complex will require an occupational license. This license will be in addition to the
current County license fee required for an office of approximately $30 per year. The
City license fee for the office is $125.
Planning and Zoning Board St, _ ~Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 9
Resulting Impacts to Property Owner:
SUMMARY OF IMPACTS ON THE
DELRAY PROFESSIONAL OFFICE CENTER PROPERTY
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 98/99 County of
19.6117 to City 98/99 rate 23.8242
mills.(4.2125)
+$ 421.25
NON AD VALOREM
Stormwater Assessment
Solid Waste Collection
$ .00
$ .00
WATER & SEWER UTILITY FEES $ .00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT:
+$ 421.25
SERVICE CONSIDERATIONS:
FIRE RESPONSE
+ Faster response time from (estimated time)
7.0 minutes (County) to 4.5 minutes (City)
EMS
+ Faster response time from (estimated time)
7.0 minutes (County) to 4.5 minutes (City)
POLICE
+ Better response based upon more officers in
field.
CODE ENFORCEMENT
+ Pre-active vs. reactive opportunity to work
with property owners
Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and
debt rate of 0.74 mills, the property will generate approximately $765.00 in new ad
valorem taxes per year. With future development, additional revenues will be realized
through increased assessment value, building permit fees, the annual collection of the
stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7%
gas) and franchise fees on electric, telephone, gas, and cable.
Planning and Zoning Board S.. Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 10
ZONING ANALYSIS
The proposed City zoning designation is POD (Professional Office district) while the
current County zoning designation is AR (Agricultural Residential).
The property is surrounded by incorporated properties with the following City zoning
designations: PRD (Planned Residential Development) to the north and east; OS (Open
Space), R-1-A (Single Family Residential), RM (Multiple Family Residential-Medium
Density 6-12 du/ac) and RL (Multiple Family Residential-Low Density 3-6 du/ac) to the
south; RM (Multiple Family Residential-Medium Density 6-12 du/ac) and RM-6 (Multiple
Family Residential-Medium Density 6 du/ac) to the west.
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 POD zoning designation is consistent with the proposed Transitional
FLUM designation. The proposed professional office development is allowed as a
permitted use within the POD zoning district. 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.
The proposal involves the annexation of existing vacant land. 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 is currently vacant with a billboard situated at the southeast corner
of the property. When a sign is annexed which does not comply with the provisions of
Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with
the property owner in order to obtain compliance. Any future development will be
required to comply with all Land Development Regulations.
Planning and Zoning Board S..:Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 11
CONSISTENCY: Compliance with the performance standards set forth in Section
3.2.2 (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:
Consistency with the Comprehensive Plan was previously discussed under the
Future Land Use Map Amendment analysis section of this report.
Section 3.2.2 (Standards for Rezoninfl Actions): Standard A, B and C are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The initial POD zoning designation will accommodate a professional office
development as a permitted use. Compatibility with the adjacent residential
development is not a major concern as any potential adverse impacts can be
properly mitigated through the applicable requirements of the Land Development
Regulations. The POD zoning district requires a minimum 25' front and 10' (side
interior) and rear building setback. Additionally, there is a 40% maximum lot
coverage requirement and a minimum 25% open space requirement. Further, if
the property is developed as a professional office development, trees must be
planted every 25' within the landscape strips abutting residential uses and a
landscape area along Atlantic Avenue is required which shall be the smaller
distance of either thirty feet (30') or 10% of the average depth of the property.
Compatibility of a specific development proposal with the adjacent developments
will relate to the ultimate intensity of the development and will be appropriately
addressed with the review of a site and development plan request.
Section 2.4.$(D)(5) (Rezoning Findinas):
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:
am
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the current
zoning inappropriate;
Planning and Zoning Board ~,_.,~ Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 12
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. The POD designation
is being sought as it allows for a good transition between the existing residential uses
and the proposed office development.
Items "b" and "c" are the basis for which the rezoning should be granted. The property
is in the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach reserve annexation area. The requested zoning is of similar intensity as
that allowed under the proposed City TRN land use designation. Given the surrounding
residential developments, the POD is more appropriate than the NC (Neighborhood
Commercial) as four offices are less intense and are usually closed during evenings.
Also, the proposed zoning is more appropriate than RM zoning due to the property's
location abutting an arterial roadway and its relatively small size, which would make it
difficult to accommodate a quality residential development.
REVIEW BY OTHERS
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 June 28, 2000 the Palm Beach County Planning Division was notified of the City's
intent to annex this property. To date, a response has not been received.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
I~ Progressive Residents of Delray
El President's Council
El Hamlet
I;1 Windy Creek
El Sherwood Forest
C! Greensward Village
El High Point I
El Highland Trailer Park
El Sunset Pines
r~ Woodlake
Planning and Zoning Board Staff Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 13
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.
ASSESSMENT AND CONCLUSIONS
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 Transitional
Future Land Use Map designation is Iow intensity. The application of an initial zoning
designation of POD is consistent with the proposed FLUM designation.
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.
Upon development of the property for residential purposes, stormwater assessment
fees will be imposed.
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 $765.00 a year.
If the annexation is approved, it is anticipated that a site and development plan
submittal will follow. Compatibility of a specific development proposal with the adjacent
developments will be addressed with the review of a site and development plan request.
Concurrency concerns with respect to traffic will dictate the development time frame.
ALTERNATIVES ACTIONS
A. Continue with direction.
Recommend approval of the Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation
of POD (Professional Office District) based upon positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the
following:
That the property is contiguous, reasonably compact and does not create
an enclave; and,
That services will be provided to the property in a manner similar to other
similar properties within the City.
Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation
of POD (Professional Office District), with the basis stated.
Planning and Zoning Board Staff Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 14
STAFF RECOMMENDATION
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation of POD
(Professional Office District) based upon positive findings with respect to Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following:
That the property is contiguous, reasonably compact and does not create an
enclave; and,
That services will be provided to the property in a manner similar to other similar
properties within the City.
Attachments:
El Location/Existing Zoning Map
El Existing Future Land Use Map
El Survey
This Report prepared by: Michelle E. Hoyland, Planner
TO:
THRU:
FROM:
SUBJECT:
DA¥1D T. HAI~DEN, CITY MANAGER
MEETING OF JULY 25, 2000
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY HR-8 (HIGH DENSITY RESIDENTIAL - 8 DU/AC) TO CITY
TRN (TRANSITIONAL), AND INITIAL ZONING OF POD (PROFESSIONAL
OFFICE DISTRICT) FOR A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF ATLANTIC AVENUE, APPROXIMATELY 1,600 FEET EAST OF
BARWICK ROAD.
The subject property is currently located in unincorporated Palm Beach County and has a
County AR (Agricultural 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 is vacant with the exception of a billboard located at the southeast corner of the
parcel and no land use history is available on this property. The City's advisory land use
designation for the subject parcel is TRN (Transitional).
The proposal is to annex the property into the City, change the Future Land Use Map
designation to City TRN (Transitional), and apply an initial zoning designation of POD
(Professional Office District). The proposed use of the property is that of a professional office
development. Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
At its meeting of July 17, 2000, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. Three members of the public expressed concerns
about the existing billboard, buffering, height and design of the future professional office
development. After reviewing the staff report and discussing the proposal, the Board voted 4-0
(Hasner abstaining; Carter and Eliopoulos Absent) to recommend that the requests be
approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive
Plan.
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from
County HR-8 to City TRN (Transitional), and the application of an initial zomng designation of
POD (Professional Office District), based upon the findings and recommendation by the
Planning and Zoning Board, and set a public hearing date of August 15, 2000.
Attachments:
P & Z Staff Report of July 17, 2000
Ordinance #15-00
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 15-00 :
The Cny Conmuss~on of the C~ty of Delray Beach will hold a QUASI-JUDICIAL IRIBLIC
HEARING ON THE FOLLOWING PROPOSED ORDII~L4.NCE ON TUESDAY,
AUGUST 15, 2004), at 7:00 p.m. (or at any continuation of such meeting wl~ch ia set by the
Commass~on), m the Cormmss~on L-'bambers at C~ty Hail, 100 N.W. IST Av~n~, Deb'ay Beacl~
at which tam the City Commissmn wall consider ~t~ adolmou ~ ordinance will be read by
titl~ only atari a~ interested persons vnll be given the ol~l~num[y ~o be l~rd
ORDINANCE NO. 15-~ :
AN ORDNANCE OE THE anY COMt, USS;ON 0F THE CrrY OV
DELRA¥ BEACH. FLOmDA. me,'EX~a TO TH~ crrY OF DELR~Y
BEACU. A~PARCEL OF LmCD LOC^~_~D ON THE SORTH SInE OV
W~ST ^TLm~C ^~-E A~P~OX~MATEL¥ ~.600 FEET ~-AST OV
BAR.WICK ROAD, LYrING BETWEEN THE VILLAS D'ESTE AND
WINDY CREEK SUBDIVISIONS, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDE, FINING THE BOUNDARIES OF THE C/TY'
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION OF TRN (TRANSIT/ONAL) FOR SAID LAND TO THE
FUTURE I-AND USE MAP AS CONTAINED IN THE COMPREtIENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPT/ON PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMF__aNTS; PROVIDING FOR THE ZONING THEREOF TO POD
(PROFESSIONAL OFFICE DISTRICT); PROVIDING A rGEN-ERAL
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
SLrBDMSION AND/OR METE3 AND BOUNDS AND A COPY OF THE ORDINANCE
HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF WFIE ~
CLERK, CITY HALL. 100 N.W 1 ST AVENUE, DELRAY BF_~CH, FLORIDA.
This ~mce ~ pubhshed ~ requmM by State law at F.S. 171.044 the ~ ot~linance may be
inspected at thc Office of the Cay ae~ a~ City Hall, 100 N.W. 1st Avenue, l~lray 1Beach, IZ. cs~da.
between the ~ of 8 00 a.m. and 5:00~ pan., Monday,~through Friday, excluding holidays., ,~
Comm~s~oa wtth mspem lo arty matter considered at thts hennng, such lx~ott vail meed to
ensure that a verbatun record includes the testimony and evidence upon which fi~ aplaeal is to
be baaed. The Cxty does not provide nor l~pare suc~ ~ Putauaat to F.S. 286.0105.
PUBLISH. The Boca Raton News ~ OF DELRAY BEACH
Delray Beach News Alison MacGregor l-larry '~'
August 11,2000 C~ty Clerk ~ .~ ;~
Ad#80t433 '~' · ' ~'
I
CITY OF DELRAY BEACH
- NOTICE OF PROPOSED
LAND USE CHANGES
The City Commission of the City of Delray Beach, Horida, propose~ to adopt
the following small scale amendments to the Comprehensiv~ Plan of thc City of
Delray Beach:
· ,~ ~ scale Puttee Land Use Map ~t FROM County HR-80-Iigh
Density Residential 8 dwelling units/nc~) TO City TRN (Transitional) for a
1~30 nc-re parcel of land locat~l on the north side of West Atlantic Avenue
between the V'dlas DW. ste and W'mdy Creek subdivisions; and.
· A small scale Future Land Use Mnp t~mendment FROM County LD (Low
Density Residential 0-5 dwelling units/acre) TO CF-P (Community Facilities
Public Buildings) for n 1.87 acre parcel of land located on the south side of
Lake Ida Roa& approximately 286 feet west of N.W. 5th Avenue, associated
with the expansion of the Community Child Car~. Center.
ORDINANCl~ NO,
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 NORTH SIDE OF WEST ATLANTIC AVENUE
APPROXIMATELY 1,600 FEET EAST OF BARWICK ROAD, LYING BETWEEN
THE VILLAS D'ESTE AND WINDY CREEK SUBDMSIONS, 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 TRN (TRANSITIONAL) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COIVIPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
ORDINANCE NO. 16-00
AN ORDINANCE OF THE CITY COMIVlisSION OF THE CITY OF DELRAY
BEACH, CHANGING THE FUTURE LAND USE MAP DESIGNATIONS LD
(LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS/ACRE) TO CF-P
(COMMUNITY FACILITIF~-PUBLIC BUILDINGS), AND REZONING FROM
R-1-A (SINGLE FAMILY RESIDF. NTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATED ON THE
SOUTH SIDE OF LAKE IDA.ROAD, APPROXIMATELY 256 FEET WEST OF
N.W. 5TH AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR A SMALL SCALE LAND USE PLAN
AMENDMENTS; AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEAI.~R CLAUSE,
A SAVING CLAUSE, AND A EFFECrlVE DATE.
AH interested citizens are invited to attend the public hearing and comment
upon the proposed Future Lnnd Use Mnp nn~ndments or submit the'~
COm~t~ ~1 Writing on Or befol~ the date of this hearing to th~ plntmln~ ~t~d
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (Phone 561/243-?040), between the hours of 8:00 n.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 RESPEC~ TO ANY
MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A
RECORD OF THESE PROC~'~.r~INGS, AND FOR THIS P~E 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 NOR PREPARE SUCH RECORD. PURSU~ TO F.S.
286.0105.
PUBLISH: Tine Boca Raton News
The DeL, ay Beach News
August 9, 2000
Ad ~'g01430
[[
CITY OF DELRAY BEACH
City Clerk
', CITY OF DELRAY BEACH, FLORIDA
'NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 15-00
~ City Commi~.~io~ of ~be City of D~lray Be.~h will hold a QUASI-~JI~CIAL l~u'~LlC HEARING O~ ~
FOLLOWING PROPOSED ORDINANCE ON TUESDAY, AUGU~I' 15, 2000, at 7:00 p_m. (or at any
~co~finuatio6 of ~nch meeting which is set by ~he Comm{~o~), in Ihe Commi~ion Chaml~ at City HaH, 100
"N W. 1st Avenue, Delray Beach, nt which time ~ City Commission will ~onsider its adoption. The ordinance
ORDINANCE NO. 1.~00
ANNEXING TO THE C1TY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF ~ ATLANTIC AVENUE APPROXIMATELY 1,600 FEET EA~ OF BARWICK ROAD,'
LYING BETWEEN THE VILLAS D'ESTE AND WINDY CREEK SUBDIVISIONS, AS MORE
PARTICULARLY DF, SCRIBED t.IEP, EI~, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIN1TS, REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID L,AND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF TRN (TRANSITIONAL) FOR SAID LAND TO THE I=~JTURE LAND
USE MAP AS CONTA1]~0~D IN THE COMPREHENSIVE PLAN; ELECTING TO PROCI~F.D UNDER
THE SINGLE HEARING ADOPTION PROCESS ~ SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POD (PROFE~IONAL OFFICE
DISTRICT), PROVIDING A GENERAL ~R CLAUSE, A SAVING CLAUSE, AND AN
t~CTIVE DATE
Delray Beach; and
,~. ~ 171.044 of ~he Florida S~, and
unit~/acre), and
-mdo~ed in November, 1989, mini m m01~m~uenfly mmendm~ ~e deemmd to be mdvimo~ only m~il m offw~ Lind U~
WHI~EAS, ~ to LDR Section 2.2.2(6), ~he Plmning and Zming Boml Imdd a lmMic hma~ng md
c~m~lered the subject matter mt its meeting of 3uly 17, 2000, and vMmd 4 ~o 0 mo m;xmm~d m~ ~!~ mqum~m ~ ~
· · NOW, ~ BE IT ORDAINED BY TI.~ CF/'Y ~ OF T'I.~ CITY OF DELRAY
rexes m staid City ~he fo~wmg dml:fibed W locmd in Palm Bea~ C. mmmy, i~mida, ~aich lies ~smiB~mm m staid
~ West 198 fee~ of the ,~m~mMt Qumer (SE !/4) o~ ~m ,~mlhweM Qum~ ($W1/4) of
~he Nonh~ Qumm~ ~ [/4) of the Sauthe. ast Qua~ (~E IM),,~:fion 13, Townmhip 46
188 of the Public Recot~ of Palm Bench County, Florida.
1,600 fee~ eas~ of Batwick Road, between the Villas ~ md Windy Cm~ mi:divisions;
Hail, 100N. W. 1st Avmue, DeJray Beach, Florida, bmween Ihe hours of 8 00 a.m. and $:00 p.m.. MmMay
PLEASE BE ADVISED Ihst if a person decides u~ appeal any d~.isim~ made by the City C~nm, i,,~m wilh
twepa~ such ruc~ Pummnt to F.S. 286.0105.
~' CITY OF I)ELP. AY BEACH
PUBLISH: l~.lra¥ Beach News
Augus~ 4, 2000