Ord 44-06
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ORDINANCE NO. 44-06
AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRA Y
BEACH, FLORIDA, ANNEXING TO THE CITI OF DELRAY BEACH, A
PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF LAKE
DRIVE AND NW 22ND STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO THE EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITI TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW
DENSITI RESIDENTIAL 0-5 DU / AC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO R-1-AA (SINGLE FAMILY
RESIDENTIAL); PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Liliana Batista, is the fee simple owner of a 0.72 parcel of land located at the
northwest comer of Lake Drive and NW 22nd Street; and
WHEREAS, Liliana Batista has requested by voluntary petition to have the subject property
annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of LR-1
(Low Residential1du/ac); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
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provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of August 21,2006, and voted 6 to 0
to recommend that the requests be approved with an initial zoning of R-1-AA (Single Family
Residential), based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Beginning at the Southeast comer of Lot A, Plat of Lake Shore Estates, as recorded in Plat
Book 25, Page 26, Public Records of Palm Beach County, Florida; Thence South 890 55' 15" West, a
distance of 219.95 feet to point on a curve concave to the east having a chord bearing of 02047' 45"
and a radius of 150 feet; Thence Northerly along said curve through a central angle of North 50 40'
06" East a distance of 14.84 feet; Thence North 250 55' 55" West, a distance of 2.94 feet; Thence
North 000 51' 14" West a distance of 22.05 feet; Thence North 07" 32' 39" East, a distance of 12.74
feet; Thence North 160 11' 44" East, a distance of 24.61 feet; Thence North 120 11' 07" East, a
distance 17.11 feet; Thence North 440 45' 40" East, a distance of 55.28 feet; Thence North 56018'
01" East, a distance of 22.00 feet; Thence North 71041' 50" East, a distance of 21.18 feet; Thence
North 83" 08' 53" East, a distance of 125.82 feet; Thence South 74048' 01" East, a distance of 1.16
feet; Thence North 900 00' 00" East, a distance of 5.32 feet; Thence South 165.24 feet to the point
of beginning.
The subject property is located at the northwest comer of Lake Drive and NW 22nd Street.
2
ORD NO. 44-06
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Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District R-1-AA (Single Family Residential) as defined by existing
ordinances of the City of Delray Beach.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 10. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 11. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
3
ORD NO. 44-06
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order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of-Sb~!) Q ,2006.
ATTEST
~!-~
~~~.~~
City Clerk
First Reading ~ \ S \D\.. 0
....- "
Second Reading ~ ~ C)\.,
4
ORD NO. 44-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITI COMMISSIONERS
CITI MANAGER t1JV1
AGENDA ITEM # \D. L - REGULAR MEETING OF SEPTEMBER 19, 2006
ORDINANCE NO. 44-06 (ANNEXATION, SMALL-SCALE FUTURE LAND
USE MAP AMENDMENT, AND REZONING)
SUBJECT:
DATE:
SEPTEMBER 15, 2006
This Ordinance is before Commission for second reading and a quasijudicial hearing for a voluntary
Annexation, Small-Scale Future Land Use Map (pLUM) amendment from County LR-1 (Low Density
Residential- 1 dwelling unit per acre) to City LD (Low Density Residential- 0-5 dwelling units per acre)
and Rezoning from County AR (Agricultural Residential) to City R-1-AA (Single Family Residential) for a
0.72 acre property, located at 2200 Lake Drive.
The property consists of one privately owned parcel and contains a single family home. It is currendy
under the jurisdiction of Palm Beach County and it is not in a designated annexation area for the City of
Delray Beach. However, the parcel is contiguous to Delray Beach and is more appropriately located under
the jurisdiction of Delray Beach. In March 2006, the subject property was de-annexed from the City of
Boynton Beach and is being processed as a privately initiated voluntary annexation in the City of Delray
Beach. It is part of an established subdivision having a City Land Use Designation of LD (Low Density
Residential 0.5 du/ac) and zoning of R-1-AA that allows for residential development with a density
between zero and five units per acre. The proposed land use and zoning designation are consistent with
the adjacent development.
On August 21, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was public testimony from several residents that live in close proximity to the subject
property. The residents' concerns revolved around compatibility with the existing development pattern,
traffic increase, and the potential for zero lot line townhouse developments.
After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend that the
request be approved. The Planning and Zoning Board recommended approval based upon positive
findings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section
3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings); and that the property
is contiguous, reasonably compact, and does not create an enclave; and services will be provided to the
property in a manner similar to other similar properties within the City.
At the first reading on September 5, 2006, the City Commission passed Ordinance No. 44-06.
Recommend approval of Ordinance No. 44-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 44-06 2200 Lake Drive Annexation Rezoning 091906
TO:
THRU:
FROM:
DAVloi/l-i~ '
PAUL ~~ G,
ESTEU5lBRETO,
ECTOR OF PLANNING AND ZONING
0/\
>>1
SUBJECT: MEETING OF SEPTEMBER 5, 2006
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
COUNTY LR-1 (LOW RESIDENTIAL 1 du/ac) TO CITY LD (LOW DENSITY
RESIDENTIAL 0-5 du/ac), AND REZONING FROM COUNTY AR (AGRICULTURAL
RESIDENTIAL) TO CITY R-1-AA (SINGLE FAMILY RESIDENTIAL) FOR A 0.72
ACRES PROPERTY LOCATED AT 2200 LAKE DRIVE.
The subject property is 0.72 acres located at 2200 at Lake Drive. The property is bound to the south
and east by single family homes within the City of Delray Beach. To the west and north is Lake Ida.
The subject property consists of one parcel which is privately owned and contains a single family
home. The access to this parcel is currently via Lake Drive from NW 22 Street. The subject
property is currently under the jurisdiction of Palm Beach County and it is not in a designated
annexation area for the City of Delray Beach. The parcel is contiguous to the City of Delray Beach
and is more appropriately located under the Jurisdiction of Delray Beach. To that end this parcel
has been recently de-annexed from the City of Boynton Beach (March 2006), and is now being
processed as a privately initiated voluntary annexation into the City of Delray Beach. The subject
property is part of an established subdivision having a City Land Use Designation of LD (Low
Density Residential 0-5 du/ac) and zoning of R-1-AA that allows for residential development with a
density between zero and five units per acre. The proposed land use and zoning designation are
consistent with the adjacent development. Additional background and an analysis of the request are
found in the attached Planning and Zoning Board Staff Report.
At its meeting of August 21, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the requests. There was public testimony from several residents that live in close
proximity to the subject property. Residents concerns evolved around compatibility with the existing
development pattern, traffic increase, potential for zero lot line townhouse developments. After
reviewing the staff report and discussing the proposal, the Board voted 6 to 0 to recommend that the
request be approved. The request was approved based upon positive findings with respect to LOR
Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is contiguous, reasonably compact and
does not create an enclave; and, that services will be provided to the property in a manner similar to
other properties within the City.
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from
County LR-1 to City LD (Low Density Residential 0-5 du/ac), and rezoning from County AR
(Agricultural Residential) to City R-1-AA (Single Family Residential), based upon the findings of fact
and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of
the Land Development Regulations, and set a public hearing date of September 19, 2006.
Attachments:
· P & z Staff Report of August 21. 2006 and Proposed Ordinance
l~.I
ORDINANCE NO. 44-06
AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y
BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST
CORNER OF LAKE DRIVE AND NW 22ND STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITI TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD
(LOW DENSITI RESIDENTIAL 0-5 DU / AC) FOR SAID LAND TO
THE FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO R-1-AA (SINGLE FAMILY RESIDENTIAL); PROVIDING
A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, Liliana Batista, is the fee simple owner of a 0.72 parcel of land located at the
northwest corner of Lake Drive and NW 22nd Street; and
WHEREAS, Liliana Batista has requested by voluntary petition to have the subject property
annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map . (FLUM) designation of LR-1
(Low Residential1du/ac); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's PLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of August 21, 2006, and voted 6 to 0
to recommend that the requests be approved with an initial zoning of R-l-AA (Single Family
Residential), based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Beginning at the Southeast comer of Lot A, Plat of Lake Shore Estates, as recorded in Plat
Book 25, Page 26, Public Records of Palm Beach County, Florida; Thence South 890 55' 15" West, a
distance of219.95 feet to point on a curve concave to the east having a chord bearing of 020 47' 45"
and a radius of 150 feet; Thence Northerly along said curve through a central angle of North 50 40'
06" East a distance of 14.84 feet; Thence North 250 55' 55" West, a distance of 2.94 feet; Thence
North 000 51' 14" West a distance of 22.05 feet; Thence North 07" 32' 39" East, a distance of 12.74
feet; Thence North 160 11' 44" East, a distance of 24.61 feet; Thence North 120 11' 07" East, a
distance 17.11 feet; Thence North 440 45' 40" East, a distance of 55.28 feet; Thence North 56018'
01" East, a distance of 22.00 feet; Thence North 710 41' 50" East, a distance of 21.18 feet; Thence
North 83008' 53" East, a distance of 125.82 feet; Thence South 74048' 01" East, a distance of 1.16
feet; Thence North 900 00' 00" East, a distance of 5.32 feet; Thence South 165.24 feet to the point
of beginning.
2
ORD NO. 44-06
The subject property is located at the northwest corner of Lake Drive and NW 22nd Street.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Deli:ay Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to. which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ ac).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District R-l-AA (Single Family Residential) as defined by existing
ordinances of the City of Delray Beach.
Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 10. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 11. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.s. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, fInding the amendment in
3
ORD NO. 44-06
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of . 2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 44-06
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2200 LAKE DRIVE
LOCATION MAP
CITY OF DELRA Y BEACH. Fl
PLANNING II: ZONING DEPARn.tENT
III SUBJECT PROPERTY
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MAP REF: LM948
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
August 21,2006
V.B.
A privately initiated voluntary Annexation, Future Land Use Map (FLUM)
Amendment from County LR-1 (Low Residential 1 du/ac) to City LD (Low Density 0-
5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AA
(Single Family Residential) for a 0.72 acres parcel located on 2200 Lake Drive.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant........................ .
Agent...... ....................................
Location..................................... .
Property Size........................... ...
Existing County Future Land Use
Map Designation ........................
Proposed City Future Land Use
Map Designation...... ...................
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service..... ..... ............. ......
Castle Florida
Weiner and Aronson
2200 Lake Drive
0.72 Acres
LR-1 (Low Residential 1 du/ac)
LD (Low Density Residential)
AR (Agricultural Residential)
R-1-AA (Single Family
Residential)
City of Boynton Beach Open
Space (OS), Lake Ida
Single Family Residential (R-1-
AA)
Single Family Residential (R-1-
AA)
City of Boynton Beach Open
Space (OS)
Single family residence
Single family residence
Municipal water service is
available via connection to a 6"
water main located along Lake
Drive.
Sewage is available adjacent to
the site via an existing a"
sewage main along Lake Drive.
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V.B.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated voluntary Annexation, Future Land Use Map (FLUM) Amendment from LR-1
(Low Residential 1 du/ac) on the Palm Beach County Comprehensive Plan to LD (Low
Density) and rezoning from AR (Agricultural Residential) to R-1-AA (Single Family Residential)
for a 0.72 acres parcel located on 2200 Lake Drive.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The subject property is 0.72 acres located at 2200 at Lake Drive. The property is bound to the
south and east by single family homes within the City of Delray Beach. To the west and north
is Lake Ida. The subject property consists of one parcel which is privately owned and contains
a single family home. The access to this parcel is currently via Lake Drive from NW 22 Street.
The subject property is currently under the jurisdiction of Palm Beach County and it is not in a
designated annexation area for the City of Delray Beach. The parcel is located along the north
boundary of the City of Delray Beach to the east of Inter-State 95. Given the parcels proximity
it is more appropriately located under the Jurisdiction of Delray Beach. To that end this parcel
has been recently de-annexed from the City of Boynton Beach, and is being processed as a
privately initiated voluntary annexation into the City of Delray Beach. The City has not given
an advisory land use designation, however the subject property is immediately adjacent to a
City's Land Use Designation of LD (Low Density Residential 0-5 du/ac) that allows for
residential development with a density between zero and five units per acre. An application is
now before the Board regarding a Voluntary Annexation, FLUM Amendment from County LR-1
(Low Residential 1 du/ac) to City LD (Low Density) and a Rezoning from County AR to City R-
1-AA.
Current Land Use Desianation: The current land use map designation for the property is
County LR-1 (Low Residential 1 du/ac)). The City has no advisory land use designation but
supports the LD (Low Density Residential 0-5 du/ac) designation given the adjacent
designation and similar uses which allow for residential development with a density between
zero to five units per acre.
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. 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,
Planning and Zoning Board Meeting of August 21, 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 2
. The proposed amendment does not involve the same property, or the same owner's
property within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use
has a density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the Future Land Use Map for a site-specific small scale development activity;
and,
. The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future Land Use Map amendment involves a 0.72 acres site, thus the total area is less
than the 10 acres maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area. The proposed amendment to Single Family
Residential (R-1-AA) is deemed compatible with LD (Low Density Residential 0-5 du/ac) Future
Land Use Map Designation in that Low Density Residential development is allowed. Single
family homes are allowed as a permitted use within the R-1-AA District. Given the adjacent
development pattern and proximity of the subject property to the existing residential
neighborhood to the east and south these designations are appropriate. This amendment
along with other small-scale amendment processed this year (0.99 acres for Robotic Space
Savers Self-storage Facility), equals to 1.71 acres, and thus, will not exceed 60 acres. This
property has not previously been considered for a City Land Use Map amendment nor has the
same property owner's properties been granted a City land use change within 200' feet, within
the last year. The amendment does not involve a text change to the Comprehensive Plan and
it is not located within an area of critical state concern. Given the above, the proposed FLUM
amendment can be processed as a small scale amendment.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The subject property has been temporarily placed under the
jurisdiction of Palm Beach County awaiting this annexation process. This parcel has been
recently de-annexed from the City of Boynton Beach, and is being processed as a privately
initiated voluntary annexation. 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.
Land Use Analysis:
Consistency Between the City and County Land Use Desianations:
The proposed City Land Use Map Designation for the property is LD (Low Density
Residential0-5 du/ac). The existing County Future Land Use Map Designation for the property
is LR-1 (Low Density Residential 1 du/ac). While the City's designation of LD allows slightly
greater density it is more consistent with the prevailing land use pattern. Further the proposed
zoning of R-1-AA will assure any future development remains consistent.
Adiacent Land Use MaD Designations. Zonina Designations and Land Uses:
The following zoning designations and uses abut the subject property:
Planning and Zoning Board Meeting of August 21, 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 3
North:
Zoning Designation
Boynton Beach Open Space (OS)
. I
Use
lake Ida
South:
Sin
East:
Single Family Residential
Single Family Residence
Lake Ida
West:
Allowable Land Uses:
Under the proposed LD (Low Density Residential 0-5 du/ac) Future Land Use Map
designation, the current single family home is allowed.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
. findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
(J Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
proposed LD (Low Density Residential 0-5 du/ac). The LD (Low Density Residential 0-5
du/ac) is typically applied to land which is developed or to be developed, at a density of five
units per acre or less. Such land is usually developed for single family purposes. Based on
the above, positive findings can be made with respect to FLUM consistency.
(J Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
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 8-3.1). The proposal involves amending the
FLUM designation from LR-1 (Low Residential 1 DUlAC) to LD on a 0.72 acre-parcel.
Concurrency findings with respect to Parks and Recreation, Police, Solid Waste, Traffic
and Water and Sewer are discussed below:
Parks and Recreation: The City provides 127 acres of activity based recreation facilities
such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247
acres are considered resource based activities such as beaches and lakes for swimming,
Planning and Zoning Board Meeting of August 21,2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 4
boating, picnicking, hiking, and other activities excluding golf courses. Within recreation
areas, amenities and facilities are provided to meet the demand for leisure opportunities for
all segments of the community. The City of Delray Beach provides a ratio of eight (8)
acres of park and recreational facilities per 1,000 people while the current national ratio is 3
acres of park and recreational facilities per 1,000 people. This indicates that the City will
have sufficient recreation facilities to accommodate any additional increase in the number
of residents anticipated from this development of the subject property.
Police: This property .is currently serviced by the Palm Beach County Sheriffs 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 EI Clair Ranch Road on the west, the
Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south.
One officer is assigned to a particular zone during a shift (three shifts per day). Additional
response can be obtained from "Cover Cars" which patrol 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.
Fire and Emeraencv Services: The annexation of this property will not require additional
manpower. The municipal area is serVed by Fire Station No. 1 (401 West Atlantic
Avenue). With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station
NO.1 at 401 West Atlantic Avenue).
Water: Municipal water service is available via connectioQ to a 6" water main located along
Lake Drive. The City of Delray Beach currently provides water, sewer, and garbage
collection for the subject property, and thus, any future redevelopment of the property will
have City services. A fire hydrant is located on the northeast corner of Lake Drive and NW
2200 Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant at build-out.
Sewer: Sewage is available adjacent to the site via an existing 6" sewage main along Lake
Drive. The City of Delray Beach currently provides water, sewer, and garbage collection for
the subject property. A fire hydrant exists and is located on the east side of Lake Drive right
across from the subject property.
Streets: The property can be accessed Lake Drive from NW 22"d Street. Lake Drive is
under a shared jurisdiction of the City of Delray Beach and the City of Boynton Beach and
the jurisdictional responsibility and the associated maintenance responsibility will not
change upon annexation.
Solid Waste: The subject property contains a single family home and therefore has a minor
impact on this level of service standard. The solid waste authority has indicated they have
sufficient capacity to service this area. The service provider will not change, as described
later in this report.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Planning and Zoning Board Meeting of August 21, 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 5
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposal is associated with the annexation of this unincorporated property and
requires changing the FLUM designation from County to City. The current County FLUM
designation is LR-1 (Low Residential 1 du/ac) and the City designation is LD (Low Density
Residential), which allows single family residential developments. As the City's FLUM
designation is being applied as part of an annexation the requirement to provide
justification for the need does not apply. It is noted that the City does not have an advisory
, designation as this parcel was not originally anticipated for annexation. Further, the
proposed R-1-AA designation would allow a similar density (0-5 du/ac) as the one currently
allow under the County Land Use designation of LR-1 (Low residential 1 du/ac).
Future Land Use Element Obiective A-1: 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 complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. Under the County LD
FLUM designation, a range of 0 to 5 du/ac is allowed. The requested LD (Low Density),
Land Use Map designation and zoning designation ofR-1-AA will be compatible with the
adjacent single family development patterns. The requested R-1-AA zoning would be
similar to properties to the east and south (single family homes) already within the City's
jurisdiction. The property immediately to the north is currently zoned Single Family
Residential and is within the City of Boynton Beach Jurisdiction.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
prevailing land use patterns. Consequently, compatibility with the abutting low density
residential properties to the north, east, and to the south (single family homes) is not a
concern.
Planning and Zoning Board Meeting of August 21, 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 6
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance of the
subject property with the requirements of the R-1AA zoning district. Any future
redevelopment of the subject property will be reviewed for compliance with the LDRs
during the building permit process.
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves". Pursuant to F.S.
171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is
enclosed within and bounded bya single municipality and a natural or manmade obstacle that
allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
. The property is contiguous with the City and reasonably compact. This annexation will not
create an enclave.
Land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PLAN:
Deslanated annexation area: The subject property is under the jurisdiction of Palm Beach
County and it is not within a designated annexation area for the City of Delray Beach. The
parcel is located along the north boundary of the City of Delray Beach to the east of Inter-State
95. This parcel has been recently de-annexed from the City of Boynton Beach, and is being
processed as a privately initiated voluntary annexation. Annexation of the property does not
specifically require the parcels to be in a designated future annexation area although it is
preferable. Therefore, 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: The provision of services to the subject property has been discussed
previously under the "Future Land Use Map Amendment Analysis" section of this report.
Financial Impacts:
Effect upon Annexed Propertv:
Planning and Zoning Board Meeting of August 21,2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 7
The following table depicts the current assessed value and total (City of Boynton Beach)
taxes for the subject property: Boynton Tax base has been applied as they are the most
recent to be applied and paid
For the 2005/2006 tax year the subject property had an assessed value of $479,143. With
the change from City of Boynton Beach to City of Delray Beach jurisdiction, the following
taxes and rates will be affected:
2200 LAKE DRIVE ANNEXATION
, ;\l~\l :'~t (,;..:;.: I'd ~ ;;iC'F\-/~~rj ~5~~~ - [~~~E.T"'?~~!'-Q)~\jr~~, -~l~{brrgT=-- - --(c~"-r\"'( 0'f'" 'c~)-i11~-:"\\~'fC11fr\-!,; c;~ U~ ~ ~~ :v'(
l H "-'~.". ~B~~~~~"~.__,_.~.. _ L~~~i,~_~~.1/=X~~~1l..v~}~\i~"tJj2;J1JEiJ~~C~1~:t~._._~_::r~0~,g~~~~J:. _. 'W;",~~~.~i ..,"...
3,594.57 7.50208184 DELETE
62.29 0.13000294 DELETE
18.45 0.03850625
517.47 1.079991
2,132.19 4.45000762
128.99 0.26920982
329.99 0.6887088
106.37 0.22200053
1,271.65 2.65400935
2,505.92 4.731218
286.05 0.5970034.
47.91 0.5970034
0.00
0.00
18.45
517.47
2,132.19
128.99
329.99
106.37
1,271.65
2,505.92
303.65
47.91
3,577 .33
255.81
~I.
.', %(f~,~
* Total tax millage in the City of Boynton Beach is 22.9597 mills while in the city the total
millage is 23.3276 mills. Therefore the difference is 0.3679 mills.
The current yearly ad valorem taxes are $11,001.85 With annexation the yearly ad valorem
taxes will be $11,177.28, (11,001.85+75.43=11,177.28); a tax difference of $75.43. In
addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the structures, buildings, parking areas, etc. If the property is redeveloped
or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied.
A 25% discount from the assessment is available since the property is within the Lake Worth
Drainage District. An additional 25% may be available if drainage is retained on site.
Solid Waste Authority - The City of Delray Beach currently provides garbage collection for
the subject property under a contract by Waste Management (pursuant to a contract awarded
0.000000
0.000000
0.038506
1.079991
4.450008
0.269210
0.688709
0.222001
2.654009
4.731218
0.597003
0.597003
7.466100
0.533900
Planning and Zoning Board Meeting of August 21,2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AAand Small-Scale FLUM Amendment of LD
Page 8
October 1, 2003). Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive
franchise which is in effect for at least six months prior to the initiation of an annexation, 'the
franchise may continue to provide such services to the annexed area for five years or the
remainder of the franchise term whichever is shorter". Thus, the waste service provider will
not change with annexation.
Resulting Impacts to the Property Owner:
AD VALOREM TAXES 2005
City Mills. Boynton Beach Mills
~3.32766 22.95974 =
NON AD VALOREM TAXES 2004
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $97.67
0.3679
$54.00
$42.24
$0.00
+ $193.91
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Cit .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Cit .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni ht.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Pollee
+
+
Code Enforcement
+
Fiscallmcacts to the Citv: At the 2004/2005 City operating millage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $3.887.14 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
AD VALOREM TAXES 2005
City of Delray Beach 7.4661 Mills $3,577.33
City of DelravBeach Debt 0.5339 Mills $255.81
SUB-TOTAL . $3.833.14
NON-AD VALOREM TAXES
Storm Water Utilitv (1 Unit ~ $54) $54.00
SUB-TOTAL $3.887.14
PARK AND RECREATION IMPACT FEE
$500 Der unit $0.00
TOTAL $3,887.14
Fiscal Imcacts to the Citv: At the 2004/2005 City operating millage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $3.887.14 in new ad valorem
Planning and Zoning Board Meeting of August 21 , 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 9
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDRs were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is R-1-AA (Single Family Residential) while the current
County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: City of Boynton Beach Open Space (Lake Ida) to
the west; City of Delray Beach R-1-AA to the east; City of Boynton Beach R-1-AA (Single
Family Residential) to the north; and City of Delray Beach R-1-AA (Single Family Residential)
to the south.
COMPREHENSIVE PLAN POLICIES:
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "Cu, and "E" 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 use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
proposed LD Land Use designation (Low Density Residential 0-5 du/ac). The LD (Low Density
Residential 0-5 du/ac) is typically applied to land which is developed or to be developed, at a
Planning and Zoning Board Meeting of August 21, 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 10
density of five units per acre or less. Given the adjacent development pattern it seems
appropriate to recommend a Future Land Use designation of LD (Low Density Residential 0-5
du/ac) and zoning of R-1-AA. Homeownership is a characteristic of this designation.
Consequently, compatibility with the abutting low density residential properties to the north,
east, and to the south (single family homes) is not a concern.
The following zoning designations and uses border the property:
North:
South:
East:
Zoning Designation
Boynton Beach Open Space (OS)
Use
Lake Ida
Single Family Residential (R-1-AA)
West:
Single Family Residence
Lake Ida
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change In circumstances which make the current
zoning Inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. This property was
de-annexed from Boynton Beach (Ordinance No. 06-024) on March 21, 2006 (change in
circumstance). The request is associated with the annexation of the subject property which
requires that a City zoning designation be applied. The R-1-AA is appropriate as it is
consistent with the County LR-1 (Low Residential 1 du/ac) and the proposed City Low Density
Residential 0-5 du/ac (LD) land use designations. Based upon the above, this request does
fulfill two of the reasons identified under LOR Section 2.4.5(0) (5).
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice: On July 25, 2006, the Palm Beach County Planning Division was
notified of the City's intent to annex this property. While a response has not yet been received,
no opposition is anticipated.
Planning and Zoning Board Meeting of August 21, 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LO
Page 11
Lake Worth Dralnaae District: On July25, 2006 Lake Worth Drainage District was notified of
the City's intent to annex this property. A response has not yet been received.
IPARC Notice: On July25, 2006, notice of the Future Land Use Amendment has also been
provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the
information to adjacent municipalities. No opposition has been noted.
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Je Franci6sa, PROD
· Carol n Zimmerman, Presidents Council
JoAnn Peart
Nei hborhood Adviso Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
The City's Low Density Land Use category is consistent with the County's LR-1 (Low
Residential 1 du/ac) designation in that Low Density Residential development is allowed. The
application of an initial zoning designation of R-1-AA is compatible with the surrounding
development pattern and is consistent with the proposed FLUM designation, and is similar to
the zoning categories assigned to properties to the east and south of the subject property.
Based upon the above, the proposed Future Land Use Map Amendment and associated
Rezoning application should be approved.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will not experience a significant increase in ad valorem taxes. Upon
redevelopment of the property a recreational impact fee may apply.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue
to the City results in approximately $3,887.14, a year.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the FLUM Amendment
from County LR-1 (Low Residential 1 du/ac) to City LD(Low Density Residential 0-5
du/ac), and the initial zoning designation of R-1-AA (Single Family Residential 0-5 du/ac)
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
Planning and Zoning Board Meeting of August 21, 2006 Staff Report
2200Lake Drive - Annexation with Initial Zoning of R-1-AA and Small-Scale FLUM Amendment of LD
Page 12
C. Move a recommendation of denial to the City Commission for the FLUM Amendment from
County LR-1 (Low Residential 1 du/ac) to City LD (Low Density Residential 0-5 du/ac), and
the initial zoning designation of R-1-AA (Single Family Residential 0-5 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, and does not meet
the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Move a recommendation of approval to the City Commission for the FLUM Amendment from
County LR-1 to City LD (Low Density Residential 0-5 du/ac), and the initial zoning designation
of R-1-AA (Single Family Residential 0-5 du/ac) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5),
3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
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CITY OF DELRAY BEACH
NOTIC,EOF ANNEXATION,
REZONING AND
LAND USE CHANGE
The City Commission will conduct a Public Hearing on TUESDAY SEPTEMBER 19 2006AT
I;!!!I..f..P& in the Commission Chambers at City Hall, 100 NW. 1st Avenue, Delray Beach,
Florida (or at any continuation of such meeting which is set by the C;ty Commission). At this
meeting the City Commission will consider adopting this small scale amendment to the Future
Land Use Map of the Comprehensive Plan and the rezoning. The title of the enacting
ord;nance is as follows:
. A small scale Future Land Use Map (FLUM) amendment FROM County LR-1 (Low Residen-
tial'1 du/ac) TO City LD (Low Density Residential 0-5 du/ac) and rezoning from County AR
(Agricunural Residential) to City R-1-AA (Single Family Residential} for a O. n acre property
located at 2200 Lake Drive.
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ORDINANCE NO. 44-06
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 NORTHWEST CORNER OF LAKE DRIVE AND NW 22ND STREET. AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO THE
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 LD (LOW DENSITY
RESIDENTIALO-S DUlAC) FOR SAID lAND TO THE FUTURE lAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING.TO PROCEED UNDER THE
SINGlE HEARING ADOPTION PROCESS FOR SMAlL SCALE LAND USE PlANAMEND-
MENTS; PROVIDING FOR THE ZONING THEREOF TO R-1-AA (SINGLE FAMILY
RESIDENTIAL); PROVIDING A GENERAL REPEAlER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE pROPERTY TO BE
ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND
SUBDIVISION ANDIOR METES AND BOUNDS AND A COPY OF THE ORDINANCE
HEREIN ABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
CITY HALL, 100 N.W. 1ST AVENUE, DEL RAY BEACH, FLORIDA.
.
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All interested cititens are invited to alIend the public hearing and comment upon the Future
Land Use Map amendment and rezoning or submit their comments in writing on or .before
the date of this hearing to the Planning and Zoning Department F?r further Information Of
to obtain copies of the proposed amendment, please contact EstellO Breto of the Plannong
and Zoning Department, 100 N.W. 1st Avenue, Delray Beach, F10nda 33444 (ema.1 at
pzmail@mydelraybeach.com), phone (561 )24~7040, between the hqurs of 8:00 a.m. and
5:00 p.m. on weekdays.(excluding holidays).
PLeASE BEADVISED THAT IF A PERSON DECIDES TO APPEAl ANY DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING SUCH PERSON WILL NEED A VERBATIM RECORD OF THE PROCEEDINGS,
AND FOR'THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAl IS BASED. THE CITY DOES
NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. NOmn, CMC
City Clerk.
PUBLISH: Friday, September 8, 2006
Friday, September 15, 2006
BOCA RATONlDELRAY BEACHNEWS flD# NS09d6013
[ITY DF DElRRY BER[H
DElRAY BEACH
CITY CLERK
100 r,.VJ 1st AVENUE
DE:LfiA'i BEJ\CH FLORIDA 33444
561/243-7000
D.e:&II
All-America City
, III I!
1993
2001 September 25, 2006
NOTIFICATION OF ANNEXATION
Please fmd a copy of Ordinance No. 44-06 annexing property to the City of
Dekay Beach, which was passed and adopted on second and final reading by
the City Commission in regular session on September 19, 2006. Ordinance 44-
06 will be recorded with the Palm Beach County Clerk of the Court.
This information is being provided in accordance with Section 166.231 of the
Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of
Dekay Beach.
If you have any questions, please do not hesitate to contact the City Clerk's
office at (561) 243-7059.
Sincerely,
~S).~~
Chevelle D. Nubin, CMC
City Clerk
Attachments: Ordinance No. 44-06
Annexation Brief
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THE EFFORT ALWAYS MATTERS
[ITY DF DELRRY BER[H
DELRAY BEACH
CITY CLERK
100 ~~ i/i. 1St AVENUE
DELRIW BEACH. FLORIDA 33444
561/243 7000
lI.Il!ad
All-America City
, III I!
1993
2001
CERTIFICATION
I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 44-06, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 19th day of
September 2006.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 25th day of
September, 2006.
~,,~.~.\0~~
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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THE EFFORT ALWAYS MATTERS
ANNEXATION BRIEF FOR 2200 LAKE DRIVE
Property Control Number: 00-43-46-05-00-000-5110
Acreaae: 0.72 Acres.
Number of Buildinas On-site: One single family residence
Taxable Value: $479,143.00
Proiected Population Increase: 0
Owner's Address: Batista Liliana, 2200 Lake Drive, Delray Beach, Florida
33444
Property Address: 2200 Lake Drive, Boynton Beach, Florida.
County Land Use Desianation: LR-1 (Low Residential 1 du/ac)
Proposed City Land Use Desianation: LD (Low Density Residential 0-5 du/ac).
Proposed City Zonina Desianation: R-1-AA (Single Family Residential)
Current Use of Property: Single family residence.