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Ord 31-00Mae-15-2801 1B:54am ORDINANCE NO. 31-00 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 AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL (COMMONLY KNOWN AS PALM COURT PLAZA), AS THE SAME IS 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; PROVIDING FOR THE ZONING THEREOF TO PC (PLANNED COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEAl.ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, NME Hospitals, Inc. is the fee simple owner of a 14.19 acre parcel of land located at the southwest comer of Linton Boulevard and Military Trail (commonly known as Palm Court Plaza); and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Armexataon and Stormwater Management Assessment executed on March 18, 1999, the City of Delray Beach intends to annex the subject property 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 Dekay Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Boaxd held a public hearing and considered the subject matter at its meeting of August 21, 2000, and voted 6 to 0 to recommend that the annexation be approved with an initial zoning of PC (Planned Commercial) District, based upon positive findings. ORB 12380 P~ 987 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: A parcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northeast comer of said Section 26, thence North 89 degrees 56'07" West along the North line of said Section, a distance of 65.01 feet to the westerly right-of-way line of Military Trail and the point of beginning. From the point of beginning, thence along said westerly right-of-way Line South 01 degrees 02'12" West a distance of 19.00 feet to the beginning of a curve, having a radius of 5679.65 feet, from which a radial line bears South 88 degrees 57'58" West; thence southerly along the arc of said curve, subtending a central angle of 01 degrees 40'30", a distance of 166.04 feet to the end of said curve; thence South 00 degrees 38'18" West, a distance of 199.11 feet to the beginning ora curve, having a radius of 5779.65 feet, from which a radial line bears South 82 degrees 21'42" East; thence southerly along the arc of said curve, subtending a central angle of 01 degrees 36'00" a distance of 161.40 feet to the end of said curve; thence South 00 degrees 57'42" East a distance of 49.48 feet; thence, departing from said fight-of-way line South 44 degrees 30'17" west a distance of 35.84 feet; thence South 89 degrees 58'17" West a distance of 849.35 feet; thence North 00 degrees 03'53" East a distance of S79.31 feet; thence South 89 degrees 56'07" East a distance of 20.00 feet; thence North 00 degrees 03'53" East a distance of 42.50 feet to the aforesaid north line of said Section; thence South 88 degrees S6'07" East along said Section line, a distance of 853.64 feet to the Point of Beginning. Together with the following described parcel: A parcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northeast comer of said Section 26, thence North 89 degrees 56'07" West along the north line of said Section, a distance of 65.01 feet to the westerly fight-of-way of Military Trail; thence along said westerly fight-of-way, South 01 degrees 02'12" West a distance of 19.00 feet to the beginning of a curve, having a radius of 5679.65 feet, from which a radial line bears South 88 degrees 57'58" West; thence southerly along the arc of said curve, subtending a central angle of 01 degrees 40'30", a distance of 166.04 feet to the end of said curve; thence South 00 degrees 38'18" West a distance of 199.11 feet to the beginning of a curve, having a radius of 5779.65 feet from which a radial line bears South 89 degrees 21'42" East; thence southerly along the arc of smd curve, subtending a central angle of 01 degrees 36'00" a distance of 161.40 feet to the end of said curve; thence South 00 degrees 57'42" East, a distance of 49.46 feet to the point of beginning. 2 Ord. No. 31-00 ORB "! ,c?.38~ pg 908 From the point of beginning and departing from said right-of-way line South 44 degrees 30'17" West a distance of 3'5.64 feet; thence South 89 degrees 58'17" West a distance of 892.09 feet; thence North 89 degrees 56'07" West a distance of 524.75 feet; thence North 44 degrees 56'07" West a distance of 35.36 feet; thence South 00 degrees 03'53" West a distance of 77.00 feet; thence South 89 degrees 56'07" East a distance of 549.80 feet; thence North 89 degrees 58'17" East a distance of 918.39 feet to the aforesaid westerly right-of-way line of Military Trail; thence North 00 degrees 57'42" West along said right-of-way Ih-se, a distance of 77.42 feet to the Po~.t of BegLnnLo_g. The subject property is located at the southwest comer of Linton Boulevard and Military Trail; containing 14.19 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include thereto 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, liabihties, ordinances and laws to wbach lands in the City 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 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 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 is hereby declared to be in Zoning District PC (Planned Commercial) as defined by existing ordinances of the City of Delray Beach. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 vahdity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 Ord. No. 31-00 ORB lP'380 P~l 989 Section 8. As to annexation, the effective date of this ordinance shall be Januaxy 2, 2001. As to zoning and land use, the effective date shall be the date a final order is issued by the Department of Community Affairs finding Comprehensive Plan Amendment 2000-2 in compliance in accordance with Chapter 163.3184, Florida Statutes, or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, Flordia Statutes. the 5th PASSED AND ADOPTED in regular session on second and final reading on this __ day of December ,2000. ATTEST: City Clerk ~' ' MAYOR First Reading November 21, 2000 Second Reading December 5, 2000 4 Ord. No. 31-00 ORB 1~380 Pg ~1~ THE KING EMMANUEL ~1 MONASTERY CA THOLIC OF CHURCH i ST CLARE CENTER PC 0 DE .RAY TOWN,CENTER S LIN TON BOULEVARD ~ DZL~ Y MEDICAL PLAZA C ~ 50UTH COUNTY MENTAL HEALTH DEL RAY MEDICAL CENTER WAL-MART r ~ SOUTH COUNTY PROF POC ,:, CENTRE CONDD C 0 O ~ T R Y LA K [ m 0 // N CiT~ 0~' D-~.RAY B-~ACH, FL PALM COURT PLAZA ANNEXATION WITH INITIAL ZONING OF PC (PLANNED COMMERCIAL) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ¢~CITY MANAGER SUBJECT: AGENDA ITEM }~)' J~. - REGULAR MEETING OF DECEMBER 5, 2000 ORDINANCE NO. 31-00 (ANNEXATION AND INITIAL ZONING FOR PALM COURT PLAZA) DATE: DECEMBER 1, 2000 This is second reading and a quasi-judicial (as to zoning) public hearing for Ordinance No. 31-00 which annexes to the City a 14.19 acre parcel of land located at the southwest corner of Linton Boulevard and Military Trail (commonly known as Palm Court Plaza), and establishes initial zoning on the property of PC (Planned Commercial) District. The associated Future Land Use Map (FLUM) amendment from County C/5 (Commercial - 5 units per acre) to City General Commercial is incorporated in Comprehensive Plan Amendment 2000-2 (Ordinance No. 21-00). In February 1981, an Agreement for Water and Sewer Sermce was executed for the subject property as well as for the adjacent medical office and hospital developments. Palm Court Plaza was constructed in 1985 and City water and sewer facihties were extended to the development. In March, 1999, the Agreement for Water and Sewer Service was amended to include paragraphs that give consent for future annexation and assessment of a stormwater assessment fee. The agreement was processed m conjunction with a proposal to expand the De[ray Medical Center, and promdes that the overall development will be annexed in phases with the subject property to be annexed by March 31, 2001. Delray Medical Center will come m dunng the year 2005, Fatr Oaks by 2008, and the Lago Vista property by 2011. The Planning and Zoning Board considered the applicauon at a public hearing on August 21, 2000, and voted 6 to 0 to recommend approval of the annexation and initial zoning. At f~rst reading on November 21st' the Commission approved the ordinance by unanimous vote. Recommend approval of Ordinance No. 31-00 on second and final reading, based upon positive findings with respect to Section 3.1.1 (Reqmred Findings), Secuon 3.2.2 (Standards for Rezonmg Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulauons. RefAgrnemo21 Ord 31-00 Annex. Imtml Zoning Palm Court Plaza I1 CITY COMMISSION DOCUMEN~T~ATION DAVID T. HARDEN, CITY MANAGER E.~~~~~ ~R~~'''''''' ''' '~° JEFFREY A. COSTELLO, PRINCIPAL PLANN TO: FROM: SUBJECT: MEETING OF NOVEMBER 21, 2000 CITY-INITIATED ANNEXATION WITH INITIAL CITY ZONING OF PC (PLANNED COMMERCIAL) FOR PALM COURT SHOPPING CENTER~ LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL. BAC'KGROUND/ANALYSIS The property under consideration is an unplatted 14.19 acre parcel which contains the Palm Court Shopping Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and hospital developments. The shopping center was constructed in 1985, and City water and sewer facilities extended to the development. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center (Delray Medical Center). The agreement states that the overall development will be annexed in phases with the subject property to be annexed by March 31, 2001, Delray Medical Center during the year 2005, Fair Oaks property by 2008,and Lago Vista property by 2011. The City is processing the FLUM amendment from County C/5 (Commercial - 5 units per acre) to City GC (General Commercial), and the Annexation with initial zoning of PC (Planned Commercial) pursuant to the referenced agreement. At its meeting of September 7, 2000, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) the associated FLUM amendment for the property in conjunction with Comprehensive Plan Amendment 2000-2. There were no comments made by DCA with regard to the associated FLUM amendment, and it is scheduled for second reading at the December 5th City Commission meeting. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. A full analysis of the Annexation, FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff report. PLAN'N'iNG~ AND Z'ONING BO'A'RD C~ONS, IiD~'ERATioN ,::~ ': The Planning and Zoning Board held a public hearing on this item on August 21, 2000 in conjunction Comprehensive Plan Amendment 2000-2. There was no public testimony in support of nor in opposition to the request. The Board voted 6-0 to recommend approval of the proposed Annexation, FLUM amendment, and initial zoning of PC. RE'COMMi'E'NDED A'CTION ~' Approve on first reading the Annexation with initial zoning of PC (Planned Commercial) for the Palm Court Shopping Center, based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and set a public hearing date of December 5, 2000. Attachments: Planning and Zoning Board staff report of August 21, 2000 & Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELI:; Y BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 21, 2000 IV.E.1 Ci~ Initiated Future Land Use Map Amendment from County C/5 (Commercial with a Residential Density of 5 Units per Acre) to City GC (General Commercial) and Associated Annexation with Initial Zoning Designation of PC (Planned Commercial) for Palm Court Plaza, Located at the Southwest Corner of Linton Boulevard and South Military Trail. LI~TDN N D-~'~L ~ A Y TOWN,CENTER BOULEVARD GENERAL DATA: Owner ......................................... NME Hospitals, Inc. % Paramount Real Estate SVC Applicant ..................................... David T. Harden, City Manager City of Delray Beach Location ...................................... Located at the southwest corner of Linton Boulevard and South Military Trail Property Size .............................. 14.19 Acres Existing County F.L.U.M. Designation ................................ County C/5 (Commercial with Residential Density of 5 Units per Acre) Existing County Zoning ............. Proposed City Zoning ................. Adjacent Zoning ............... North East South West Proposed City F.L.U.M. Designation ................................ GC (General Commercial) County CG (General Commercial District) PC (Planned Commercial) County RM (Multt-Family Residential) City PC (Planned Commercial) City PC (Pianned Commercial~ County CHO (Commerc~a! H~gh Off~ce) Existing Land Use ..................... Shopping Pi2,za Proposed Land Use ................... Shopping Pizza Water Service ........................... Existing on si[e Sewer '"= ~ ~ ~rwc ............................. Existino on si[e AGENDA iTEIVh IV.E.1 ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on a City-initiated Annexation, Future Land Use Map Amendment from County C/5 (Commercial - 5 units per acre) to City GC (General Commercial) with initial zoning of PC (Planned Commercial) for Palm Court Plaza. The affected property is located at the southwest corner of Military Trail and Linton Boulevard, and contains approximately 14.19 acres. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. BAC~KGROUND, The property under consideration is an unplatted 14.19 acre parcel which contains an 87,327 sq.ft, shopping center, known as Palm Court Plaza, with a 4,860 sq.ft, outbuilding. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and hospital developments. The shopping center was constructed in 1985, and City water and sewer facilities extended to the development. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center (Delray Medical Center). The agreement states that the overall development will be annexed in phases with the subject property to be annexed by March 31, 2001, Delray Medical Center during the year 2005, Fair Oaks property by 2008,and Lago Vista property by 2011. The City is processing the FLUM amendment from County C/5 (Commercial - 5 units per acre) to City GC (General Commercial), and the Annexation with initial zoning of PC (Planned Commercial) pursuant to the referenced agreement. F~L1TU R-E~;~ A/NOi '~-USE":M!AP~"AMENO;MENT A~A'LY:S~I$ This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). REQUIRED FINDINGS: LDR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexabon w~th Inibal Zomng of PC Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. 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 PC (Planned Commercial) zoning district. The proposed GC Future Land Use Map designation is consistent with the proposed PC zoning designation. The existing shopping center is allowed as a permitted use within the PC zoning district. However, the PC zone district requires a minimum floor area of 6,000 sq.ft, per building. Based upon the site plan approved through the County, a 4,860 sq.ft outbuilding has been constructed and a future 2,500 sq.ft, outbuilding is proposed. The existing structure is considered nonconforming and can continue. As the~ project is considered vested, the 2,500 sq.ft, building could be constructed at the approved location. However, should a site plan modification be requested, the building square footage cannot be decreased. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. 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 verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory GC (General Commercial) FLUM designation is being applied. The proposed City GC FLUM designation is consistent with the County C/5 designation. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC Page 3 The request is to apply the advisory GC FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed GC designation is of the same intensity as the existing County C/5 designation. It is noted, however, that the GC designation allows up to 12 residential units per acre and the current County designation allows up to 5 residential units per acre. As this is fully developed property, development with residential uses is not a concern. Further, redevelopment with residential uses even at the higher 12 units to the acre would represent significantly less impact than the existing development. Thus, the act of officially adopting the City's General Commercial land use designation has no negative impact with respect to level of service standards. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property, across Linton Boulevard, has a County FLUM designation of High Residential- 12 du/ac and is zoned RM - Multi-Family Residential (Medium Density). The existing land use is a condominium development known as Las Verdes. South: The abutting property to the south has a City Future Land Use Map designation of GC and is zoned PC. The existing use of the property is the Walmart Shopping Plaza and Delray Eye Associates offices. East: The property to the east, across Military Trail, has a City Future Land Use Map designation of GC and is zoned PC. The existing use of the property is Boca Rey Plaza. West: West of the subject property has a County Inst/18 (Institutional with High Residential 18 du/ac), and an advisory City designation of CF-H (Community Facilities-Hospital). The properties are zoned CHO (Commercial High Office) and contain the Delray Medical Center and Delray Medical Center Condos. The existing shopping center has co-existed with the surrounding developments for many years. The application of advisory GC FLUM designation to the existing commercial property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review. [] Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. P~Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zomng of PC Page 4 There is no development proposal associated with the Annexation and FLUM amendment requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the Land Development Regulations. ANNEXATION ANALYSIS Land Development Regulations Governinq Annexations: Pursuant to the LDR Section 2.4.5 (C)(1) which states that "The City may initiate an annexation of private property if said dght has been delegated via provisions of a water service agreement or other agreement to that end". The City initiated annexation is pursuant to the Agreement for Water and Sewer service executed on March 18, 1999. CONSISTENCY WITH THE CITY'S COMPREH£NSIVE PLAN: Designated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail. 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 and are provided (i.e. water and sewer). Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). 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 north, south, and east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minute for the City's Fire Department (Fire Station No. 5). P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with Imtial Zoning of PC Page 5 Water and Sewer: The existing development is connected to the City's municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service, these mains were extended to the site. Streets: This property has direct access to Military Trail and Linton Boulevard. Both Military Trail and Linton Boulevard are under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. As the property is developed as a shopping center, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. It is noted that Linton Boulevard from Military Trail to Congress Avenue is scheduled for widening from 4-6 lanes in 2001. Military Trail is currently 6 lanes. Parks and Open Space: The commercial development does not have an impact with respect to this level of service standard. It is noted however, the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1999 tax year Palm Court Plaza had an assessed value of $9,000,000.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes Millage 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 mileage 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 $176,505.30. With annexation the yearly ad valorem taxes will be $214,417.8; a tax difference of $37,912.50. 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 F~&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation w~th Inibal Zomng of PC Page 6 Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $6,682.50. A further increase based upon new impervious surfaces will be realized with future development/redevelopment of the site. Solid Waste Authority - The South Military Trail annexation area is 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 - The shopping center has 45 active occupational licenses. The current County license fee for the each tenant in the shopping center is $31.50 per year. The City license fee per tenant is $130. Water/Sewer Rates - The Palm Court Plaza is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-of-City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Water meters are assigned to each bay. Thus, the tenants will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to cover the reimbursements set forth in the watedsewer agreement entered into by the parties in February 1981. The payment shall be divided into five equal payments of $44,947.00 over the next 5 year period commencing March 1, 2001. Resulting Impacts to Property Owner: SUMMARYOF tMPACTSON THE ~PALM COURT PLAZA FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 98/99 County of 19.6117 to City 98/99 rate 23.8242 mills ',4.2125). $ 37,912.50 NON AD VALOREM Stormwater Assessment $ 6,682.50 OCCUPATIONAL LICENSE FEES $5,850.00 ANNUAL FINANCIAL IMPACT: · Water and Sewer fees will decrease w~th annexation, and is based upon consumption $50,445.00 P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with InItial Zoning of PC Page 7 SERVICE CONSIDERATIONS: FIRE RESPONSE EMS POLICE CODE ENFORCEMENT + Faster response time from (estimated time) 3.5 minutes (Count)/) to 1.5 minute (City) + Faster response time from (estimated time) 3.5 minutes (County) to 1.5 minute (City) + Better response based upon more officers + Pro-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 $68,850.00 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, occupational license fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within a designated annexation area, Area B. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Section 171 as it pertains to annexations. ~ ZON;ING A.NALYSIS . ".J REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are d~scussed below. Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation w~th Initial Zomng of PC Page 8 as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions}: Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is 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. Compatibility is not a concern as the property currently contains a shopping center, which has existed at this location since 1985. The initial PC (Planned Commercial) zoning designation will accommodate the existing shopping center as a permitted use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request. Section 2.4.5(D)(5) (Rezonin_cl 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; Cw 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 basis for which the rezoning should be granted relates to Item "b", however, Item "c" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The PC zoning designation is of similar intensity as that allowed under the proposed City GC and existing County C/5 land use designations. R&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation w~th Imbal Zomng of PC Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property is development is allowed under the proposed PC zoning districts. With review of the annexation request, a site visit was conducted and did reveal some code violations, which primarily related to landscape deficiencies. Any future development will be required to comply with the Land Development Regulations. In addition to the above, the PC zone district requires a minimum floor area of 6,000 sq.ft, per building. Based upon the site plan approved through the County, a 4,860 sq.ft outbuilding has been constructed and a future 2,500 sq.ft, outbuilding is proposed. The existing structure is considered nonconforming and can continue. As the project is considered vested, the 2,500 sq.ft, building could be constructed at the approved location. However, should a site plan modification be requested, the building square footage cannot be decreased. REVIEW BY OTHERS j 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 August 7, 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 Interiocal 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 homeowners associations and civic associations: · Andover · Presidents Council · DeI-Aire · Shadywoods · Foxe Chase · Sherwood Park · Oakmont · Spanish Wells · PROD (Progressive Residents of Delray) · Verona Woods Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ~&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC Page 10 ASSESSMENT AND CONCLUSION Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.3.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity as currently developed, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of PC (Planned Commercial) is consistent with the City's program for annexation of territory within its Planning and Service Area. The PC zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services, however, will experience an increase in taxes and stormwater assessment fees. Positive findings can be made with respect to LDR Section 2.4.5(C)(4) and 2.4.5(D)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, stormwater assessment fees, and per capita revenues, which will result in a net increase to the City of approximately $68,850 a year. In addition, revenues will be received from utility taxes and franchise fees. ALTERNATIVE ACTIONS A. Continue with direction. Bo Recommend approval of the Annexation, Future Land Use Map amendment from County C/5 to City GC and initial zoning designation of PC (Planned Commercial) 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, 2.4.5(C)(4), and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, Future Land Use Map amendment from County C/5 to City GC and initial zoning designation of PC (Planned Commercial), with the basis stated. STA F F''~ R EC:O:M M E N!D,A T:I O N '1 Recommend to the City Commission approval of the Annexation, Future Land Use Map amendment from County C/5 to City GC and initial zoning designation of PC (Planned Commercial) 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, 2.4.5(C)(4), and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, P.&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation w~th initial Zoning of PC Page 11 2. That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: r3 Future Land Use Map ~1 Zoning Map u CA THOUC OF CHURCH I 5T CLARE CF 'O I.-- DUNCAN CENTER Dr- LRA Y ~ I TOWN CENTER LIN TON BOULEVARD CENTER ~ WAL-MART >.. SOUTH COUNTY PROF N PALM COURT PLAZA ~ FUTURE LAND USE MAP AMENDMENT Cl~ or DeLra¥ eF-ac~. ;~L FROM. COUNTY C/5 (COMMERCIAL WITH RESIDENTIAL DENSITY OF 5 UNITS/ACRE) OL^N.~.C ~ Z0.,NC oeP^r~MeN~ TO. CITY GC (GENERAL COMMERCIAL) CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 31-00 The~City Commission of the City of Delray Beach will hold a · ,,.QU~.SI-JUD~AL PUbLiC HEAR~G ON THE FOLLOWING PROPOSED ORDENANCE ON TUESDAY, ~DECEMBER $, 2000, at 7:00 p.m. (or at any continuation of · s~cb mceting which is set by the Commission), in the C~. ?mission Chambe~ at City Hall, 100 N.W. 1st Avonue, 'De.hay Beach, a~ which time the City Commission will co~.'der its adoption The ordinance will be read by title only ' "~ ORDINANCE NO. 31-00 ' ' "t~l ORDINANCE OF THE CITY COMMISSION OF ~' ' '*I'HE CITY OF DELRAY BEACH, FLORIDA, ~ ~ '~,NNEXING TO THE C1TY OF DELRAY BEACH A ~: PARCEL OF L.~ID LOCATED AT THE SOUTHWEST ·. (:ORNER OF LllCFON BOULEVARD AND ~ ,: ,MILITARY TRAIL (COMMONLY KNOWN AS PALM , ! ,COURT PLAZA), AS THE SAME IS,MORE ': 'PARTICULARLY DESCRIBED HEREIN, WHICH : ~ °~..AND I$ CONTIGUOUS TO EXISTING MUNICIPAL ~ ~ ;,uslrrs; P.~G ~i~ so--ARiEs oF . :,, ~ TO INCLUDE SAID LAND, PROVIDING FOR ,, -,THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROV~INo FOR ~ ZO~a~O ~-n~P.~F TO PC '~ ~P~ CO~'~CL~) ,, ,PROVIDING A GENERAL REPEALF~ CLAUSE, A ' "I$AVING CLAUSE, ANDAN EFFECTIVE DATE. A M~ (noi to scale) DEPICHNG THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS SHOWN BEI.OW. A COMPLETE LEGAL DESCRIFI'ION BY LOT AND SUBDMSION AND/OR ,~EINAND BOUNDS AND A COPY OF THE ORDINANCE ABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CI~ CITY HALL, 100NM. 1st AVENUE, DELRAY BEACH, FLORIDA. ~ ~ .otice is published as required by State law at ES. 171.044. The proposi~t ordinance may be inspected at the Office of the City Clerk at Ci~ Hall, 100 N.W. Ist Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. P' .~E BE ADVISED that ff a person decides to appeal any decision madg ~y 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. 286.0105. , ', ,, C1TY OF DELRAY BEACH ;, ,, Alison MacOregor Hart), ,', ,L~ City Cl~rk PUBI~SH: Boca Raton/Delray Beach News . ·: .- December 1, 2000 .... Ad//NSII~ -~2B Friday, November 24, 2000 i-CLASSIFIED CITY OF DELRAY BEACH FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 31-00 The City Commission of O~e City of Delny Beach vn31 hold a QUASI.JUDICIAL PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, DECEMBER S, 2~00, ~t 7:0~ p.m. (or at any continuation of such meeling which is m by Ihe Commi.~6on), in tl~ Commi~on Chamb~ at City Hall, 100 N.W. 1st Avenue, Delray Beach, at which time the City Commi.~sion will Col~ider its adop~on. The ordinance will be read by lit]e oldy and s]l illle~sted ORDINANCE NO. 31~0 LOCATED AT THE SOUTHWEST CORNER OF L1NTON BOULEVARD AND MILITARY TRAIL (COMMONLY KNOWN AS PALM COURT PLAZA), A~ 7HE SAI~ TO INCLUDE SAID LAND;, PROVIDING ~ ~HE RIGHTS AND OBLIfiAT~ONS OF SAID LAND, PROVIDING FOR 7HE ZONING THEREOF TO PC (PLANNED COMMI~ClAL) DISTRICr; PROVIDING A C.,ENI~AL ~ CLAUSE, A SAVING ClAUSK AND AN I~:FECI'IVE DATE. 171 0{4 d l~ l~n4m Slml~ lid ray line Sm~ 44 &,~ 30'17' wst a dmance cf 3~.84 fmm~ ml~nc~ ,~x~h 89 d~n~ 5g17' We~ a chsUnce ~ 84935 feet, thn~e No~ ~0 &gms 0~'53' l~st a dam~e ~ 579.31 fem~ dsm:e S~uth 89 &'pees 56~/' l~mst a dmstm~ ~' 20.00 feeC d~n~e No~h ~ dmgmn 03'53" East a dmmmn~ ef 42_q0 fmmt ~o thru sfamaid na~ lmm ~ ~ &~n~ 3gl $' ~ a d~atance of 199 11 fmt,, It~ he~m4ng of a em'va, bavn~ a rad~ d5779 65 f~ f~sa ~ a ~ 49 46 fe~ ~o ~.. t. on~ ~be~nn~ II Hail, 100 N W. ls~ Aveuue~ Dekay {k~:h, Florida, between ,ha horn of 8'00 a.m. and 5'00 p.mf, IVi~nday I~EASE BE ADVISI~) tha~ ut a penoa duSdu to appai any dtdsim mak by tht Oty Commi~uon vnth pr~t~e s~-h teco~d. Pummt ~o F.$ 286.0105. PUBLISH: Boca Ra~kl~ Bead~ ~'~ CITY OF DELRAY BEACH Ad~ NS 1141 City Ck~k DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary D~vision of Admimstrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of I-hstoncal Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservaaon Board I~stonc Palm Beach County Preservation Board H~storm Pensacola Preservation Board H~stonc St Augusnne Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County PreservaUon Board RINGLING MUSEUM OF ART April 25, 2001 Ms. Barbara Garito, CMC Acting City Clerk City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear Ms. Garito: This will acknowledge receipt of your letter dated April 17, 2001 and copies of Ordinance Nos. 31-00 and 19-01, annexing property to the City of Delray Beach, which were filed in this office on April 20, 2001. Sincerely, Bureau of Administrative Code LC/mp RECEIVED CITY CLERK The Elliot Building · FAX: (850) 488-7869 · BUREAU OF ADMINISTRATIVE CODE 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (850) 488-8427 WWWAddress: http:#www.dos.state, fl. us · E-Mail: election@mail, dos. state.fl, us